BILL ANALYSIS Ó
SB 1048
Page 1
Date of Hearing: June 26, 2012
Counsel: Milena Blake
ASSEMBLY COMMITTEE ON PUBLIC SAFETY
Tom Ammiano, Chair
SB 1048 (Liu) - As Amended: April 17, 2012
SUMMARY : Authorizes the juvenile court to join in a
delinquency juvenile court proceeding in which the court has
determined that a governmental agency, private service provider,
or individual has failed to meet his or her legal obligation to
provide services to a minor who is within the jurisdiction of
the court. Specifically, this bill :
1)States that the purpose of joinder in juvenile delinquency
court proceedings is to ensure the delivery and coordination
of legally mandated services to the minor. The joinder shall
not be maintained for any other purpose.
2)Specify that the provisions of this bill apply to a child,
nonminor, or nonminor dependent in a dependency or delinquency
proceeding.
3)Defines "agency" as 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.
4)Removes the definition of a "private service provider".
EXISTING LAW :
1)States that when a child is adjudged a dependent child of the
court, 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. ÝWelfare and Institutions Section
362(a).]
2)Allows the court, after giving notice and an opportunity to be
heard, to join in the juvenile court proceedings any agency or
private service provider that the court determines has failed
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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. Nothing in this section shall prohibit agencies or
private service providers that have received notice of the
hearing on joinder from meeting prior to the hearing to
coordinate services for the child. ÝWelfare and Institutions
Section 362(a).]
3)States that the court does not have 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 is eligible for those services.
ÝWelfare and Institutions Section 362(a).]
4)States that when a minor is adjudged a ward of the court, the
court may make any and all reasonable orders for the care,
supervision, custody, conduct, maintenance, and support of the
minor, including medical treatment, subject to further order
of the court. ÝWelfare and Institutions Section 727(a).]
5)Allows the court, after giving notice and an opportunity to be
heard, to 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. ÝWelfare and Institutions
Section 727(a).]
6)States that 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.
This guidance may include punishment that is consistent with
the rehabilitative objectives of this chapter. . ÝWelfare
and Institutions Section 202(b).]
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FISCAL EFFECT : Unknown
COMMENTS :
1)Author's Statement : According to the author, "SB 1048 would
permit the juvenile court to 'join' any governmental agency or
private service provider to a case before a judgment is made.
This will help ensure that children receive the services to
which they are already entitled so they can stay with their
families and out of the system.
"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 from the family 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.
"In addition to allowing for joinder, SB 1048 also corrects a
drafting error. In 2000, SB 1611 was passed to allow for
post-adjudication joinder of private service providers. The
intent was to allow for this joinder in both dependency and
delinquency cases. Due to a drafting error, the joinder
provision only applies to dependent youth. SB 1048 will
remedy this unintentional disparity.
"Often, the ability to access available services can save
system-involved youth from being placed in expensive
out-of-home care. We must do everything we can to ensure that
children who may become dependents or wards of the court have
access to all appropriate services so that they may remain in
the least restrictive and, not incidentally, least expensive
placements possible.
"SB 1048 provides one more tool to help California's children
remain in appropriate home environments with appropriate
services where possible."
2)Background : According to information provided by the author,
"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
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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.
"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."
REGISTERED SUPPORT / OPPOSITION :
Support
California Probation, Parole and Correctional Association
California Public Defender's Association
Chief Probation Officers of California
Family Law Section, The State Bar of California
Judicial Council of California
Opposition
None
Analysis Prepared by : Milena Blake / PUB. S. / (916) 319-3744