BILL ANALYSIS Ó ------------------------------------------------------------ |SENATE RULES COMMITTEE | SB 1048| |Office of Senate Floor Analyses | | |1020 N Street, Suite 524 | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ------------------------------------------------------------ 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, CONTINUED SB 1048 Page 2 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, CONTINUED SB 1048 Page 3 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 CONTINUED SB 1048 Page 4 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 CONTINUED SB 1048 Page 5 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 **** END **** CONTINUED