California Legislature—2013–14 Regular Session

Assembly Bill No. 438

Introduced by Assembly Member Mitchell

February 15, 2013

An act to amend Section 241.1 of the Welfare and Institutions Code, relating to juveniles.

LEGISLATIVE COUNSEL’S DIGEST

AB 438, as introduced, Mitchell. Juveniles: dual-status minors.

Existing law prohibits the entry of an order by a juvenile court, or the filing of a petition, to make a minor simultaneously both a dependent child and a ward of the court, unless a written protocol has been created in that county, as specified, to allow the county probation department and the child welfare services department to jointly assess and produce a recommendation that the child be designated as a dual status child.

This bill would delete the prohibition on the filing of a petition or the entry of an order to make a minor simultaneously both a dependent child and a ward of the court.

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 241.1 of the Welfare and Institutions
Code is amended to read:

241.1.  

(a) Whenever a minor appears to come within the
description of both Section 300 and Section 601 or 602, the county
probation department and the child welfare services department
shall, pursuant to a jointly developed written protocol described
in subdivision (b), initially determine which status will serve the
best interests of the minor and the protection of society. The
recommendations of both departments shall be presented to the
juvenile court with the petition that is filed on behalf of the minor,
and the court shall determine which status is appropriate for the
minor. Any other juvenile court having jurisdiction over the minor
shall receive notice from the court, within five calendar days, of
the presentation of the recommendations of the departments. The
notice shall include the name of the judge to whom, or the
courtroom to which, the recommendations were presented.

(b) (1) The probation department and the child welfare services
department in each county shall jointly develop a written protocol
to ensure appropriate local coordination in the assessment of a
minor described in subdivision (a), and the development of
recommendations by these departments for consideration by the
juvenile court.

(2) These protocols shall require, but not be limited to,
consideration of the nature of the referral, the age of the minor,
the prior record of the minor’s parents for child abuse, the prior
record of the minor for out-of-control or delinquent behavior, the
parents’ cooperation with the minor’s school, the minor’s
functioning at school, the nature of the minor’s home environment,
and the records of other agencies that have been involved with the
minor and his or her family. The protocols also shall contain
provisions for resolution of disagreements between the probation
and child welfare services departments regarding the need for
dependency or ward status and provisions for determining the
circumstances under which filing a new petition is required to
change the minor’s status.

(3) The protocols shall contain the following processes:

(A) A process for determining which agency and court shall
supervise a child whose jurisdiction is modified from delinquency
jurisdiction to dependency jurisdiction pursuant to paragraph (2)
of subdivision (b) of Section 607.2 or subdivision (i) of Section
727.2.

(B) A process for determining which agency and court shall
supervise a nonminor dependent under the transition jurisdiction
of the juvenile court.

(C) A process that specifically addresses the manner in which
supervision responsibility is determined when a nonminor
dependent becomes subject to adult probation supervision.

(c) Whenever a minor who is under the jurisdiction of the
juvenile court of a county pursuant to Section 300, 601, or 602 is
alleged to come within the description of Section 300, 601, or 602
by another county, the county probation department or child
welfare services department in the county that has jurisdiction
under Section 300, 601, or 602 and the county probation
department or child welfare services department of the county
alleging the minor to be within one of those sections shall initially
determine which status will best serve the best interests of the
minor and the protection of society. The recommendations of both
departments shall be presented to the juvenile court in which the
petition is filed on behalf of the minor, and the court shall
determine which status is appropriate for the minor. In making
their recommendation to the juvenile court, the departments shall
conduct an assessment consistent with the requirements of
subdivision (b). Any other juvenile court having jurisdiction over
the minor shall receive notice from the court in which the petition
is filed within five calendar days of the presentation of the
recommendations of the departments. The notice shall include the
name of the judge to whom, or the courtroom to which, the
recommendations were presented.

begin delete

(d) Except as provided in subdivision (e), nothing in this section
shall be construed to authorize the filing of a petition or petitions,
or the entry of an order by the juvenile court, to make a minor
simultaneously both a dependent child and a ward of the court.

end delete begin delete

(e) Notwithstanding subdivision (d), the

end delete

begin insert (d) end insert begin insert   end insert begin insert The end insert probation department and the child welfare services
department, in consultation with the presiding judge of the juvenile
court, in any county may create a jointly written protocol to allow
the county probation department and the child welfare services
department to jointly assess and produce a recommendation that
the child be designated as a dual status child, allowing the child
to be simultaneously a dependent child and a ward of the court.
This protocol shall be signed by the chief probation officer, the
director of the county social services agency, and the presiding
judge of the juvenile court prior to its implementation. begin delete No juvenile
court may order that a child is simultaneously a dependent child
and a ward of the court pursuant to this subdivision unless and
until the required protocol has been created and entered into. end delete This
protocol shall include all of the following:

(1) A description of the process to be used to determine whether
the child is eligible to be designated as a dual status child.

(2) A description of the procedure by which the probation
department and the child welfare services department will assess
the necessity for dual status for specified children and the process
to make joint recommendations for the court’s consideration prior
to making a determination under this section. These
recommendations shall ensure a seamless transition from wardship
to dependency jurisdiction, as appropriate, so that services to the
child are not disrupted upon termination of the wardship.

(3) A provision for ensuring communication between the judges
who hear petitions concerning children for whom dependency
jurisdiction has been suspended while they are within the
jurisdiction of the juvenile court pursuant to Section 601 or 602.
A judge may communicate by providing a copy of any reports
filed pursuant to Section 727.2 concerning a ward to a court that
has jurisdiction over dependency proceedings concerning the child.

(4) A plan to collect data in order to evaluate the protocol
pursuant to Section 241.2.

(5) Counties that exercise the option provided for in this
subdivision shall adopt either an “on-hold” system as described
in subparagraph (A) or a “lead court/lead agency” system as
described in subparagraph (B). In no case shall there be any
simultaneous or duplicative case management or services provided
by both the county probation department and the child welfare
services department. It is the intent of the Legislature that judges,
in cases in which more than one judge is involved, shall not issue
conflicting orders.

(A) In counties in which an on-hold system is adopted, the
dependency jurisdiction shall be suspended or put on hold while
the child is subject to jurisdiction as a ward of the court. When it
appears that termination of the court’s jurisdiction, as established
pursuant to Section 601 or 602, is likely and that reunification of
the child with his or her parent or guardian would be detrimental
to the child, the county probation department and the child welfare
services department shall jointly assess and produce a
recommendation for the court regarding whether the court’s
dependency jurisdiction shall be resumed.

(B) In counties in which a lead court/lead agency system is
adopted, the protocol shall include a method for identifying which
court or agency will be the lead court/lead agency. That court or
agency shall be responsible for case management, conducting
statutorily mandated court hearings, and submitting court reports.

begin delete

(f)

end delete

begin insert (e) end insert  Whenever the court determines pursuant to this section or
Section 607.2 or 727.2 that it is necessary to modify the court’s
jurisdiction over a dependent or ward who was removed from his
or her parent or guardian and placed in foster care, the court shall
ensure that all of the following conditions are met:

(1) The petition under which jurisdiction was taken at the time
the dependent or ward was originally removed is not dismissed
until the new petition has been sustained.

(2) The order modifying the court’s jurisdiction contains all of
the following provisions:

(A) Reference to the original removal findings and a statement
that findings that continuation in the home is contrary to the child’s
welfare, and that reasonable efforts were made to prevent removal,
remain in effect.

(B) A statement that the child continues to be removed from
the parent or guardian from whom the child was removed under
the original petition.

(C) Identification of the agency that is responsible for placement
and care of the child based upon the modification of jurisdiction.