BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | SB 1048|
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THIRD READING
Bill No: SB 1048
Author: Liu (D)
Amended: 4/17/12
Vote: 21
SENATE PUBLIC SAFETY COMMITTEE : 7-0, 4/10/12
AYES: Hancock, Anderson, Calderon, Harman, Liu, Price,
Steinberg
SUBJECT : Juvenile court: joinder in delinquency and
dependency
proceedings
SOURCE : Childrens Law Center of California
Public Counsel Law Center
DIGEST : This bill authorizes a joinder in dependency and
delinquency cases of specified agencies which have failed
to provide legally obligated services to children upon the
filing of a petition instead of adjudication, and to make
additional, largely technical revisions to these joinder
provisions, as specified.
ANALYSIS : Existing law provides generally that the
purpose of the 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,
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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. If removal of a minor
is determined by the juvenile court to be necessary,
reunification of the minor with his/her family shall be a
primary objective. If the minor is removed from his or her
own family, it is the purpose of this chapter to secure for
the minor custody, care, and discipline as nearly as
possible equivalent to that which should have been given by
his or her parents. ? Minors under the jurisdiction of
the juvenile court who are in need of protective services
shall receive care, treatment, and guidance consistent with
their best interest and the best interest of the public.
Minors under the jurisdiction of the juvenile court as a
consequence of delinquent conduct shall, in conformity with
the interests of public safety and protection, receive
care, treatment, and guidance that is consistent with their
best interest, that holds them accountable for their
behavior, and that is appropriate for their
circumstances?." (Welfare and Institutions Code (WIC)
Section 202.)
Existing law provides that when 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. (WIC Section 362.) "To facilitate coordination
and cooperation among government agencies or private
service providers, or both, the court may, after giving
notice and an opportunity to be heard, join in the juvenile
court proceedings any agency or private service provider
that the court determines has failed to meet a legal
obligation to provide services to the child. In any
proceeding in which an agency or private service provider
is joined, the court shall not impose duties upon the
agency or private service provider beyond those mandated by
law." (Id.)
Existing law provides that when a minor is adjudged a
delinquent ward of the court, as specified, the court may
make any and all reasonable orders for the care,
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supervision, custody, conduct, maintenance, and support of
the minor, including medical treatment, subject to further
order of the court. (WIC Section 727(a).) "To facilitate
coordination and cooperation among governmental agencies,
the court may, 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 the minor. However, no
governmental agency shall be joined as a party in a
juvenile court proceeding in which a minor has been ordered
committed to the Department of the Youth Authority. 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 which
have received notice of the hearing on joinder from meeting
prior to the hearing to coordinate services for the minor."
(Id.)
This bill revises and recasts these provisions as follows:
Specifies that joinder in these juvenile cases can occur
at any time after a petition has been filed.
Specifies that agencies subject to joinder in this
context 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."
States that these provisions apply for minors subject to
delinquency petitions, a nonminor ward or dependent of
the court up to the age of 21, and foster children
subject to the transitional jurisdiction of the court, as
specified.
Specifies that the purpose of joinder under this bill is
to ensure the delivery and coordination of legally
mandated services to the minor. The joinder shall not be
maintained for any other purpose.
This bill makes additional related conforming and technical
revisions to this section, as specified, including the
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deletion in section 727 of language concerning wards
committed to the Division of Juvenile Justice.
FISCAL EFFECT : Appropriation: No Fiscal Com.: No
Local: No
SUPPORT : (Verified 4/17/12)
Children's Law Center of California (co-source)
Public Counsel Law Center (co-source)
California Public Defenders Association
Children's Advocacy Institute
Family Law Section of the State Bar of California
Legal Advocates for Children & Youth
Youth Law Center
ARGUMENTS IN SUPPORT : The author states:
SB 1048 would permit the juvenile court to "join" an
agency or private service provider pre-adjudication,
if it would help ensure that minor dependent children
or wards receive the services to which they are
already entitled under existing law.
Under current law, a judge can already join a service
agency to the dependency hearing after he or she has
made a determination to remove the child or make the
child a dependent of the court. Unfortunately, by
this point, it is often too late for the child and his
or her family, who actually may just be in desperate
need of required services, like mental health care,
that could help the child remain safely in their home
and out of the system. This bill would permit the
juvenile court to engage agencies or private service
providers who are mandated under existing laws to
provide services to children as early as the first
court hearing. The passage of this bill will not
create a new mandate because current law already
states the court shall not impose duties upon agencies
beyond those already mandated in existing law.
Finally, passage of this law will remedy a drafting
error related to SB 1514 (2007) by including language
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that defines a "private service provider." This
clean-up language would remedy an unintended disparity
faced by delinquent children. SB 1048 would save
money and improve the lives of California's vulnerable
youth.
Example: "Chris" is a 6-year-old who tantrums and hits
his mother and siblings. The agency responsible for
providing federally-mandated services has not done so.
Due to "Chris's" untreated behavior, child protective
services have been called. Under current law, a judge
does not have the authority to join the agency to the
dependency proceedings and require the agency to
provide services until after the judge has made a
determination to take the child away from the family
or make them dependents of the court. At this point,
it is too late for "Chris" and his family.
RJG:do 4/19/12 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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