BILL NUMBER: SB 352	ENROLLED
	BILL TEXT

	PASSED THE SENATE  JUNE 2, 2009
	PASSED THE ASSEMBLY  JULY 16, 2009
	AMENDED IN SENATE  MAY 28, 2009
	AMENDED IN SENATE  APRIL 30, 2009
	AMENDED IN SENATE  APRIL 16, 2009
	AMENDED IN SENATE  APRIL 13, 2009

INTRODUCED BY   Senator Dutton

                        FEBRUARY 25, 2009

   An act to amend Sections 1536.1, 1538.5, 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, 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. A violation of these provisions is a misdemeanor.
   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 that a copy of the
notice be sent, at the same time it is sent to the receiving county,
to the community care facility where the ward is being placed, and
would require the community care facility to maintain a copy of the
notice 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, at the request of
the probation department of the county in which the group home
facility is located, to notify a probation official, as specified, of
unusual incidents, including those that concern runaway incidents.
   This bill would also require the requesting probation department
to maintain the confidentiality of any identifying information about
the ward contained in the notification and prohibit the probation
department from sharing, transferring, or otherwise releasing the
identifying information to a third party unless otherwise authorized
by state or federal law.
   (4) 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. A violation of these
provisions is a misdemeanor.
   This bill would add sexual abuse and a situation in which the
residents are inadequately supervised to the list of reportable
incidents.
   (5) Because the bill would impose additional duties on the
counties and create a new crime, 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 with regard to certain mandates no
reimbursement is required by this act for a specified reason.
   With regard to any other mandates, this bill would provide that,
if the Commission on State Mandates determines that the bill contains
costs so mandated by the state, reimbursement for those costs shall
be made pursuant to the statutory provisions noted above.


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 a 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, that 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 that 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 that 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 that 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 known or suspected incidents 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) A violation of personal rights.
   (3) A situation in which a facility is unclean, unsafe,
unsanitary, or in poor condition.
   (4) A situation in which a facility has insufficient personnel or
incompetent personnel on duty.
   (5) 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 department
to comply.
   (2) In 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. 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 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 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 ward of the Department of
Corrections and Rehabilitation, Division of Juvenile Facilities, the
parole officer in charge of the case. The licensed community care
facility shall maintain a copy of this notice on file as evidence of
compliance with this section.
   (b) (1) 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
at least 24 hours prior 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.
   (2) A probation officer of a county making an out-of-county
placement of a ward of the juvenile court who makes a notification
pursuant to paragraph (1) shall also send, at that time, a copy of
the notification to the community care facility where the ward is
being placed.
  SEC. 4.  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 ward of the Department of Corrections
and Rehabilitation, Division of Juvenile Facilities, 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 ward of the Department of Corrections
and Rehabilitation, Division of Juvenile Facilities, 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 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 ward of the
Department of Corrections and Rehabilitation, Division of Juvenile
Facilities, 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 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 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 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, at the request of the probation department of
the county in which the group home facility is located, the group
home shall notify a probation official designated by the probation
department to receive notifications pursuant to this subdivision, of
unusual incidents concerning a ward placed by the sending county that
involved a response by local law enforcement or emergency services
personnel, including runaway incidents. The notification shall
include identifying information about the ward. A group home facility
shall notify the designated probation official of a requesting
probation department of an unusual incident no later than the
applicable deadline imposed by law or department regulation for a
group home facility to notify the licensing agency of the unusual
incident. The requesting probation department shall maintain the
confidentiality of any identifying information about the ward
contained in the notification and shall not share, transfer, or
otherwise release the identifying information to a third party unless
otherwise authorized by state or federal law.
   (d) A minor, the parent or guardian of a minor, and counsel
representing a minor or the parent or guardian of a minor may
petition the juvenile court for the review of 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
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.
   (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).
   (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
(e), all reasonable costs resulting directly from transporting the
minor to the county of residency, provided that these costs exceed
one hundred dollars ($100).
   (g) Claims made by the probation department in the county of
placement to the county of residence, pursuant to subdivisions (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.
   (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.
   (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. 5.  No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution for
certain costs that may be incurred by a local agency or school
district because, in that regard, this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
   However, if the Commission on State Mandates determines that this
act contains other 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.