BILL NUMBER: SB 352 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Dutton
FEBRUARY 25, 2009
An act to amend Sections 1536.1, 1538.5, 1566.25, and 1567.3 of
the Health and Safety Code, and to amend Section 740 of the Welfare
and Institutions Code, relating to juveniles.
LEGISLATIVE COUNSEL'S DIGEST
SB 352, as introduced, Dutton. Juvenile offenders: health
facilities.
(1) Under existing law, before the placement of certain minors who
are wards of the court due to a violation of law may be made in an
out-of-county facility, the parole or probation officer in the county
of residence is required to send written notice of the placement,
including specified information, to the probation officer of the
receiving county.
This bill would allow the notice to be made in writing, by fax, or
electronic transmission. Additionally, the bill would require gang
affiliation, as defined, to be included in the information sent to
the receiving county. The bill would also require the community care
facility in which the minor is being placed to obtain a copy of the
notice from the probation officer and maintain it on file.
(2) Under existing law, if a ward of the court, as described
above, who is placed in an out-of-county community care facility, has
his or her board and care funded though the aid to families with
dependent children foster care program, a plan for supervision and
visitation is required to be developed by the county of residence.
This bill would require, in addition to the plan for supervision
and visitation, that the sending county document information
regarding any known gang affiliation or dangerous behavior that
indicates the ward may pose a safety concern to the receiving county.
It would also require information related to gang affiliation to be
included in a case plan required to be developed for the ward
pursuant to existing law.
(3) Under existing law, a group home is required to annually
report all incident reports involving a response by local law
enforcement or emergency services personnel that were sent to a
placement agency other than the county in which the group home is
located.
This bill would expressly require a group home to immediately
transmit a copy of all of these incident reports that concern runaway
incidents.
(4) Under existing law, if a county of residence agrees to pay a
placement county the actual costs of providing services to certain
minors who are wards of the court due to a violation of law that are
placed in a community care facility in the placement county, the
county of residence shall agree to pay specified costs incurred by
certain departments within the county of placement.
This bill would, additionally, require the county of residence to
pay costs incurred by the sheriff and police department of the
placement county.
(5) Existing law requires a placement agency, as defined, to
notify the appropriate licensing agency of any known or suspected
incidents, as specified, that would jeopardize the health and safety
of residents at a community care facility.
This bill would add sexual abuse and a situation in which the
residents are inadequately supervised to the list of reportable
incidents.
(6) Because the bill would impose additional duties on the
counties, it 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, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 1536.1 of the Health and Safety Code is amended
to read:
1536.1. (a) "Placement agency" means any county probation
department, county welfare department, county social service
department, county mental health department, county public guardian,
general acute care hospital discharge planner or coordinator,
conservator pursuant to Part 3 (commencing with Section 1800) of
Division 4 of the Probate Code, conservator pursuant to Chapter 3
(commencing with Section 5350) of Part 1 of Division 5 of the Welfare
and Institutions Code, and regional center for persons with
developmental disabilities, which is engaged in finding homes or
other places for placement of persons of any age for temporary or
permanent care.
(b) A placement agency shall place individuals only in licensed
community care facilities, facilities which are exempt from licensing
under Section 1505 or if the facility satisfies subdivision (c) of
Section 362 of the Welfare and Institutions Code, or with a foster
family agency.
(c) No employee of a placement agency shall place, refer, or
recommend placement of a person in a facility operating without a
license, unless the facility is exempt from licensing under Section
1505 or unless the facility satisfies subdivision (c) of Section 362
of the Welfare and Institutions Code. Violation of this subdivision
is a misdemeanor.
(d) Any employee of a placement agency who knows, or reasonably
suspects, that a facility which is not exempt from licensing is
operating without a license shall report the name and address of the
facility to the department. Failure to report as required by this
subdivision is a misdemeanor.
(e) The department shall investigate any report filed under
subdivision (d). If the department has probable cause to believe that
the facility which is the subject of the report is operating without
a license, the department shall investigate the facility within 10
days after receipt of the report.
(f) A placement agency shall notify the appropriate licensing
agency of any known or suspected incidents
which that would jeopardize the health
or safety of residents in a community care facility. Reportable
incidents include, but are not limited to, all of the following:
(1) Incidents of physical or sexual abuse.
(2) Any A violation of personal
rights.
(3) Any A situation in which a
facility is unclean, unsafe, unsanitary, or in poor condition.
(4) Any A situation in
which a facility has insufficient personnel or incompetent personnel
on duty.
(5) Any A situation in which
residents experience mental or verbal abuse.
(6) A situation in which residents are inadequately supervised.
SEC. 2. Section 1538.5 of the Health and Safety Code is amended to
read:
1538.5. (a) (1) Not less than 30 days prior to the anniversary of
the effective date of a residential community care facility license,
except licensed foster family homes, the department may transmit a
copy to the board members of the licensed facility, parents, legal
guardians, conservators, clients' rights advocates, or placement
agencies, as designated in each resident's placement agreement, of
all inspection reports given to the facility by the department during
the past year as a result of a substantiated complaint regarding a
violation of this chapter relating to resident abuse and neglect,
food, sanitation, incidental medical care, and residential
supervision. During that one-year period the copy of the notices
transmitted and the proof of the transmittal shall be open for public
inspection.
(2) The department may transmit copies of the inspection reports
referred to in paragraph (1) concerning group homes, as defined by
regulations of the department, to the county in which a group home
facility is located, if requested by that county.
(3) A group home facility shall maintain, at the facility, a copy
of all licensing reports for the past three years that would be
accessible to the public through the department, for inspection by
placement officials, current and prospective facility clients, and
these clients' family members who visit the facility.
(b) The facility operator, at the expense of the facility, shall
transmit a copy of all substantiated complaints, by certified mail,
to those persons described pursuant to paragraph (1) of subdivision
(a) in the following cases:
(1) In the case of a substantiated complaint relating to resident
physical or sexual abuse, the facility shall have three days from the
date the facility receives the licensing report from the
state department to comply.
(2) In any the case in which a
facility has received three or more substantiated complaints relating
to the same violation during the past 12 months, the facility shall
have five days from the date the facility receives the licensing
report to comply.
(c) A residential facility shall retain a copy of the notices
transmitted pursuant to subdivision (b) and proof of their
transmittal by certified mail for a period of one year after their
transmittal.
(d) If a residential facility to which this section applies fails
to comply with this section, as determined by the department, the
department shall initiate civil penalty action against the facility
in accordance with this article and the related rules and
regulations.
(e) Not less than 30 days prior to the anniversary of the
effective date of the license of any group home facility, as defined
by regulations of the department, at the request of the county in
which the group home facility is located, a group home facility shall
transmit to the county a copy of all incident reports prepared by
the group home facility and transmitted to a placement agency, as
described in subdivision (f) of Section 1536.1, in a county other
than the county in which the group home facility is located that
involved a response by local law enforcement or emergency services
personnel , including runaway incidents . The county shall
designate an official for the receipt of the incident reports and
shall notify the group home of the designation. Prior to transmitting
copies of incident reports to the county, the group home facility
shall redact the name of any child referenced in the incident
reports, and other identifying information regarding any child
referenced in the reports , and the identity and location of
the placement agency of any child referenced in the reports
. The county may review the incident reports to ensure that
the group home facilities have taken appropriate action to ensure
the health and safety of the residents of the facility.
(f) The department shall notify the residential community care
facility of its obligation when it is required to comply with this
section.
SEC. 3. Section 1566.25 of the Health and Safety Code is amended
to read:
1566.25. If a county of residence agrees to pay a placement
county the costs of providing services to a minor pursuant to
subdivision (a) of Section 740 of the Welfare and Institutions Code,
all of the following shall apply:
(a) The county of residence shall agree to pay the placement
county the actual costs of providing services to a child placed in a
community care facility outside his or her county of residence by a
placement agency, as defined in Section 1536.1, that are incurred by
the probation department, sheriff's department, police
department, social services department, health department, or
mental health department of the placement county for which the
placement county is not otherwise reimbursed.
(b) Claims made by the county of placement to the county of
residency pursuant to subdivision (a) shall include documentation and
shall be paid within 30 days of submission of these claims.
(c) For the purposes of this section, the county from where the
child was placed in the community care facility shall be considered
the county of residency.
SEC. 4. Section 1567.3 of the Health and Safety Code is amended to
read:
1567.3. (a) No licensed community care facility may receive a
ward of the juvenile court as described in Section 602 of the Welfare
and Institutions Code until the probation officer of the county in
which the community care facility is located has received
written notice , in writing, by fax, or electronically
transmitted, of the placement, as prescribed in Section 740 of
the Welfare and Institutions Code, including the name of the ward,
the juvenile record of the ward, including any known prior offenses
or gang affiliation , and the ward's county of residence,
from the probation officer of the county making the placement, or
, in the case of a Youth Authority ward, the parole
officer in charge of the case. The licensed community care
facility shall obtain a copy of the notice from the probation officer
of the county making the placement and shall maintain a copy on file
as evidence of compliance with this section.
(b) The probation officer of a county making an out-of-county
placement of a ward of the juvenile court as described in Section 602
of the Welfare and Institutions Code shall notify the probation
officer of the county in which the community care facility is located
within at least 24 hours of
prio r to receipt of the ward by the
licensed community care facility. If the ward is received on a
weekend or holiday, notification shall be made by the end of the next
business day.
SEC. 5. Section 740 of the Welfare and Institutions Code is
amended to read:
740. (a) Any minor adjudged to be a ward of the court on the
basis that he or she is a person described in Section 602 and who is
placed in a community care facility shall be placed in a community
care facility within his or her county of residence, unless both of
the following apply:
(1) He or she has identifiable needs requiring specialized care
that cannot be provided in a local facility , or
his or her needs dictate physical separation from his or her family.
(2) The county of residence agrees to pay the placement county the
costs of providing services to the minor, pursuant to Section
1566.25 of the Health and Safety Code.
(b) (1) Before the placement of a minor adjudged to be a ward of
the court on the basis that he or she is a person described in
Section 602 in any community care facility outside the ward's county
of residence, the probation officer of the county making the
placement, or in the case of a Youth Authority ward, the parole
officer in charge of his or her case, shall send , via mail,
delivery, fax, or electronically, written notice of the
placement, including the name of the ward, the juvenile record of the
ward (including any known prior offenses), and the ward's county of
residence, to the probation officer of the county in which the
community care facility is located. It is the intention of the
Legislature, in regard to this requirement, that the probation
officer of the county making the placement, or in the case of a Youth
Authority ward, the parole officer in charge of his or her case,
shall make his or her best efforts to send, via mail, fax, or
electronically, or to hand deliver, the notice at the
same time least 24 hours prior to the time the
placement is made. When that placement is terminated, the probation
officer of the county making the placement, or in the case of a Youth
Authority ward, the parole officer in charge of his or her case,
shall send notice thereof to any person or agency receiving
notification of the placement.
(2) When it has been determined that it is necessary for a ward
whose board and care is funded through the Aid to Families with
Dependent Children-Foster Care program to be placed in a county other
than the ward's parents' or guardians' county of residence, the
specific reason the out-of-county placement is necessary shall be
documented in the ward's case plan. If the reason is lack of
resources in the sending county to meet the specific needs of the
ward, those specific resources needs shall be documented in the case
plan.
(3) When it has been determined that a ward whose board and care
is funded through the Aid to Families with Dependent Children-Foster
Care program is to be placed out-of-county and that the sending
county is to maintain responsibility for supervision and visitation
of the ward, the sending county shall develop a plan of supervision
and visitation activities to be performed, and shall specify that the
sending county is responsible for performing those activities.
In addition to the plan of supervision and visitation, the sending
county shall document information regarding known or suspected gang
affiliation or dangerous behavior of the ward that indicates the ward
may pose a safety concern in the receiving county. The sending
county shall send to the receiving county a copy of the plan of
supervision and visitation, in addition to the notice of placement
required in paragraph (1), prior to placement of the ward. If
placement occurs on a holiday or weekend, the plan of supervision and
visitation and the notice of placement shall be provided to the
receiving county on or before the end of the next business day.
(4) When it has been determined that a ward whose placement is
funded through the Aid to Families with Dependent Children-Foster
Care program is to be placed out-of-county and the sending county
plans that the receiving county shall be responsible for the
supervision and visitation of the ward, the sending county shall
develop a formal agreement between the sending and receiving
counties. The formal agreement shall specify the supervision and
visitation to be provided the ward, and shall specify that the
receiving county is responsible for providing the supervision and
visitation. The formal agreement shall be approved and signed by the
sending and receiving counties prior to placement of the ward in the
receiving county. Additionally, the notice of placement required by
paragraph (1) shall be provided to the receiving county prior to
placement of the ward in that county. Upon completion of the case
plan, the sending county shall provide a copy of the completed case
plan to the receiving county. The case plan shall include
information regarding known or suspected gang affiliation or
dangerous behavior of the ward that indicates the ward may pose a
safety concern for the receiving county.
(5) The probation department of a receiving county that has a
group home in which a minor is placed by the probation department of
another county, after adjudication of the minor for any felony
offense, may shall disclose to the
sheriff of the receiving county or to the municipal police department
of the city in which the group home is located, the name of the
minor, the felony offense or offenses for which the minor has been
adjudicated, and the address of the group home. This information
shall be utilized only for law enforcement purposes and may not be
utilized in any a manner that is
inconsistent with the rehabilitative program in which the minor has
been placed or with the progress the minor may be making in the
placement program. Notwithstanding any other provision of law, the
information provided by the probation department to a law enforcement
agency under this paragraph may be provided to other law enforcement
personnel for the limited law enforcement purposes described in this
paragraph, but shall otherwise remain confidential.
(c) Notwithstanding subdivision (e) of Section 1538.5 of the
Health and Safety Code, the group home facility shall immediately
transmit a copy of all incident reports concerning a ward placed by
the sending county that involved a response by local law enforcement
or emergency services personnel, including runaway incidents, to the
probation officer of the receiving county. The report shall include
identifying information about the ward.
(c)
(d) A minor, the parent or guardian of any minor, and
counsel representing a minor or the parent or guardian of a minor may
petition the juvenile court for the review of any
a placement decision concerning the minor made by the
probation officer pursuant to subdivision (a). The petition shall
state the petitioner's relationship to the minor and shall set forth
in concise language the grounds on which the review is sought. The
court shall order that a hearing shall be held on the petition and
shall give prior notice, or cause prior notice to be given, to the
persons and by the means as prescribed by Section
776, and, in instances in which the means of giving notice is not
prescribed by that section, then by any means as the court
prescribes.
(d)
(e) If a minor is placed in a community care facility
out of his or her county of residence and is then arrested and placed
in juvenile hall pending a jurisdictional hearing, the county of
residence shall pay to the probation department of the county of
placement all reasonable costs resulting directly from the minor's
stay in the juvenile hall, provided that these costs exceed one
hundred dollars ($100).
(e)
(f) If, as a result of the hearing in subdivision (d),
the minor is remanded back to his or her county of residence, the
county of residence shall pay to the probation department of the
county of placement, in addition to any payment made pursuant to
subdivision (d) (e) , all reasonable
costs resulting directly from transporting the minor to the county of
residency, provided that these costs exceed one hundred dollars
($100).
(f)
(g) Claims made by the probation department in the
county of placement to the county of residence, pursuant to
subdivisions (d) and (e) and (f) ,
shall be paid within 30 days of the submission of these claims and
the probation department in the county of placement shall bear the
remaining expense.
(g)
(h) As used in this section:
(1) "Community care facility" shall be defined as provided in
Section 1502 of the Health and Safety Code.
(2) "Gang affiliation" shall have the same meaning as defined for
data entry into the CalGang system.
(2)
(3) "Group home" has the same meaning as provided in
paragraph (1) of subdivision (g) of Section 80001 of Title 22 of the
California Code of Regulations.
SEC. 6. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.