BILL NUMBER: SB 1048	AMENDED
	BILL TEXT

	AMENDED IN SENATE  APRIL 17, 2012
	AMENDED IN SENATE  MARCH 21, 2012

INTRODUCED BY   Senator Liu

                        FEBRUARY 7, 2012

   An act to amend Sections 362 and 727 of the Welfare and
Institutions Code, relating to juveniles.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1048, as amended, Liu. Juveniles.
   Existing law authorizes the juvenile court to join in a juvenile
court proceeding any governmental agency or private service provider
that the court determines has failed to meet a legal obligation to
provide services to a child who is the subject of a dependency
proceeding, and to join any governmental agency the court determines
has failed to meet a legal obligation to provide services to a minor
who is the subject of a delinquency proceeding.
   This bill would authorize the court, at any time after a petition
has been filed, to join in a juvenile court proceeding any
governmental agency, private service provider, or individual, as
specified, that the court determines has failed to meet a legal
obligation to provide services to a child who is the subject of a
dependency proceeding, a minor who is the subject of a delinquency
proceeding, a nonminor person over whom the juvenile court has
retained dependency or delinquency jurisdiction, or a nonminor
dependent, as defined.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Section 362 of the Welfare and Institutions Code is
amended to read:
   362.  (a) If a child is adjudged a dependent child of the court on
the ground that the child is a person described by Section 300, the
court may make any and all reasonable orders for the care,
supervision, custody, conduct, maintenance, and support of the child,
including medical treatment, subject to further order of the court.
   (b) (1) To facilitate coordination and cooperation among agencies,
the court may, at any time after a petition has been filed, after
giving notice and an opportunity to be heard, join in the juvenile
court proceedings any agency that the court determines has failed to
meet a legal obligation to provide services to a child for whom a
petition has been filed under Section 300, to a nonminor, as
described in Section 303, or to a nonminor dependent, as defined in
subdivision  (b)   (v)  of Section 11400,
regardless of the status of the adjudication. In any proceeding in
which an agency is joined, the court shall not impose duties upon the
agency beyond those mandated by law. Nothing in this section shall
prohibit agencies that have received notice of the hearing on joinder
from meeting prior to the hearing to coordinate services.
   (2) The court has no authority to order services unless it has
been determined through the administrative process of an agency that
has been joined as a party, that the child, nonminor, or nonminor
dependent is eligible for those services. With respect to mental
health assessment, treatment, and case management services pursuant
to Chapter 26.5 (commencing with Section 7570) of Division 7 of Title
1 of the Government Code, the court's determination shall be limited
to whether the agency has complied with that chapter.
   (3) For the purposes of this subdivision, "agency" means any
governmental agency or any private service provider or individual
that receives federal, state, or local governmental funding or
reimbursement for providing services directly to a child, nonminor,
or nonminor dependent.
   (c) If a child is adjudged a dependent child of the court, on the
ground that the child is a person described by Section 300, and the
court orders that a parent or guardian shall retain custody of the
child subject to the supervision of the social worker, the parents or
guardians shall be required to participate in child welfare services
or services provided by an appropriate agency designated by the
court.
   (d) The juvenile court may direct any reasonable orders to the
parents or guardians of the child who is the subject of any
proceedings under this chapter as the court deems necessary and
proper to carry out this section, including orders to appear before a
county financial evaluation officer. That order may include a
direction to participate in a counseling or education program,
including, but not limited to, a parent education and parenting
program operated by a community college, school district, or other
appropriate agency designated by the court. A foster parent or
relative with whom the child is placed may be directed to participate
in such a program in cases in which the court deems participation is
appropriate and in the child's best interest. The program in which a
parent or guardian is required to participate shall be designed to
eliminate those conditions that led to the court's finding that the
child is a person described by Section 300.
   (e) If a child is adjudged a dependent child of the court, the
juvenile court may direct any reasonable orders to the parents or
guardians of the child who is the subject of any proceedings under
this chapter to ensure the child's regular school attendance and to
make reasonable efforts to obtain educational services necessary to
meet the specific needs of the child.
  SEC. 2.  Section 727 of the Welfare and Institutions Code is
amended to read:
   727.  (a) (1) If a minor is adjudged a ward of the court on the
ground that he or she is a person described by Section 601 or 602,
the court may make any reasonable orders for the care, supervision,
custody, conduct, maintenance, and support of the minor, including
medical treatment, subject to further order of the court.
   (2) In the discretion of the court, a ward may be ordered to be on
probation without supervision of the probation officer. The court,
in so ordering, may impose on the ward any and all reasonable
conditions of behavior as may be appropriate under this disposition.
A minor who has been adjudged a ward of the court on the basis of the
commission of any of the offenses described in subdivision (b) or
paragraph (2) of subdivision (d) of Section 707, Section 459 of the
Penal Code, or subdivision (a) of Section 11350 of the Health and
Safety Code, shall not be eligible for probation without supervision
of the probation officer. A minor who has been adjudged a ward of the
court on the basis of the commission of any offense involving the
sale or possession for sale of a controlled substance, except
misdemeanor offenses involving marijuana, as specified in Chapter 2
(commencing with Section 11053) of Division 10 of the Health and
Safety Code, or of an offense in violation of Section 32625 of the
Penal Code, shall be eligible for probation without supervision of
the probation officer only when the court determines that the
interests of justice would best be served and states reasons on the
record for that determination.
   (3) In all other cases, the court shall order the care, custody,
and control of the minor to be under the supervision of the probation
officer who may place the minor in any of the following:
   (A) The approved home of a relative or the approved home of a
nonrelative, extended family member, as defined in Section 362.7. If
a decision has been made to place the minor in the home of a
relative, the court may authorize the relative to give legal consent
for the minor's medical, surgical, and dental care and education as
if the relative caretaker were the custodial parent of the minor.
   (B) A suitable licensed community care facility.
   (C) With a foster family agency to be placed in a suitable
licensed foster family home or certified family home which has been
certified by the agency as meeting licensing standards.
   (D) (i) Every minor adjudged a ward of the juvenile court who is
residing in a placement as defined in subparagraphs (A) to (C),
inclusive, shall be entitled to participate in age-appropriate
extracurricular, enrichment, and social activities. No state or local
regulation or policy may prevent, or create barriers to,
participation in those activities. Each state and local entity shall
ensure that private agencies that provide foster care services to
wards have policies consistent with this section and that those
agencies promote and protect the ability of wards to participate in
age-appropriate extracurricular, enrichment, and social activities. A
group home administrator, a facility manager, or his or her
responsible designee, and a caregiver, as defined in paragraph (1) of
subdivision (a) of Section 362.04, shall use a reasonable and
prudent parent standard, as defined in paragraph (2) of subdivision
(a) of Section 362.04, in determining whether to give permission for
a minor residing in foster care to participate in extracurricular,
enrichment, and social activities. A group home administrator, a
facility manager, or his or her responsible designee, and a caregiver
shall take reasonable steps to determine the appropriateness of the
activity taking into consideration the minor's age, maturity, and
developmental level.
   (ii) A group home administrator or a facility manager, or his or
her responsible designee, is encouraged to consult with social work
or treatment staff members who are most familiar with the 
child   minor  at the group home in applying and
using the reasonable and prudent parent standard.
   (b) (1) To facilitate coordination and cooperation among agencies,
the court may, at any time after a petition has been filed, after
giving notice and an opportunity to be heard, join in the juvenile
court proceedings any agency that the court determines has failed to
meet a legal obligation to provide services to a minor, for whom a
petition has been filed under Section 601 or 602, to a nonminor, as
described in Section 303, or to a nonminor dependent, as defined in
subdivision  (b)   (v)  of Section 11400.
In any proceeding in which an agency is joined, the court shall not
impose duties upon the agency beyond those mandated by law.  The
purpose of joinder under this section is to ensure the delivery and
coordination of legally mandated services to the minor. The joinder
shall not be maintained for any other purpose.  Nothing in this
section shall prohibit agencies that have received notice of the
hearing on joinder from meeting prior to the hearing to coordinate
services.
   (2) The court has no authority to order services unless it has
been determined through the administrative process of an agency that
has been joined as a party, that the minor, nonminor, or nonminor
dependent is eligible for those services. With respect to mental
health assessment, treatment, and case management services pursuant
to Chapter 26.5 (commencing with Section 7570) of Division 7 of Title
1 of the Government Code, the court's determination shall be limited
to whether the agency has complied with that chapter.
   (3) For the purposes of this subdivision, "agency" means any
governmental agency or any private service provider or individual
that receives federal, state, or local governmental funding or
reimbursement for providing services directly to a child, nonminor,
or nonminor dependent.
   (c) If a minor has been adjudged a ward of the court on the ground
that he or she is a person described in Section 601 or 602, and the
court finds that notice has been given in accordance with Section
661, and if the court orders that a parent or guardian shall retain
custody of that minor either subject to or without the supervision of
the probation officer, the parent or guardian may be required to
participate with that minor in a counseling or education program
including, but not limited to, parent education and parenting
programs operated by community colleges, school districts, or other
appropriate agencies designated by the court.
   (d) The juvenile court may direct any reasonable orders to the
parents and guardians of the minor who is the subject of any
proceedings under this chapter as the court deems necessary and
proper to carry out subdivisions (a), (b), and (c) including orders
to appear before a county financial evaluation officer, to ensure the
minor's regular school attendance, and to make reasonable efforts to
obtain appropriate educational services necessary to meet the needs
of the minor.
   If counseling or other treatment services are ordered for the
minor, the parent, guardian, or foster parent shall be ordered to
participate in those services, unless participation by the parent,
guardian, or foster parent is deemed by the court to be inappropriate
or potentially detrimental to the minor.