BILL NUMBER: AB 2607	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 24, 2014

INTRODUCED BY   Assembly Member Skinner

                        FEBRUARY 21, 2014

   An act to  add Section 241.15 to   amend
Sections 727 and 737 of  the Welfare and Institutions Code,
relating to juveniles.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 2607, as amended, Skinner. Juveniles:  dual status
children.   detention.  
   Existing law makes a minor, under certain circumstances, subject
to the jurisdiction of the juvenile court. If the minor has been
abused or neglected, or if the minor has violated a law or ordinance,
as specified, the juvenile court may adjudge the minor to be a
dependent or a ward of the court, respectively. Existing law
authorizes the court to order a person who has been adjudged a ward
of the juvenile court to be detained in the detention home, or in the
case of a ward who is 18 years of age or older, in a county jail. In
any case in which a minor is detained for more than 15 days pending
the execution of the order of commitment or of any other disposition,
existing law requires the court to periodically review the case to
determine whether the delay is reasonable.  
   This bill would make those provisions applicable to nonminors. The
bill would require these periodic reviews to be held at a hearing
and also would prohibit a court from determining that certain delays
are reasonable, including, but not limited to, delays caused by
administrative processes.  
   Existing law authorizes the court to make any reasonable orders
for the care, supervision, custody, conduct, maintenance, and support
of a minor or nonminor who is adjudged a ward of the court. Existing
law requires the court in certain cases to order the care, custody,
and control of the minor or nonminor to be under the supervision of a
probation officer who may place the minor or nonminor in an approved
home of a relative or nonrelative, suitable licensed home community
care facility, or with a foster family agency.  
   This bill would require a minor or nonminor to be released from
juvenile detention upon an order being entered to place the minor or
nonminor under the supervision of a probation officer, unless the
court determines that a delay in the release from juvenile detention
is reasonable.  
   Existing law provides that whenever a minor appears to come within
the descriptions of both a dependent child and a ward of the
juvenile court, the county probation department and the child
protective services department shall, pursuant to a jointly developed
written protocol, initially determine which status will serve the
best interests of the minor and the protection of society. Existing
law authorizes the probation department and the child welfare
services department in any county to create a protocol which would
permit a minor who meets specified criteria to be designated as both
a dependent child and a ward of the juvenile court, as specified.
Under existing law, a minor who is designated as both a dependent
child and a ward of the juvenile court is known as a dual status
child.  
   This bill would prohibit a county from permitting a minor who is
under the jurisdiction of the court as a dependent and who
concurrently or subsequently comes under the jurisdiction of the
court as a ward from remaining in juvenile detention beyond the
completion of the period of confinement imposed by 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 727 of the   Welfare
and Institutions Code   is amended to read: 
   727.  (a) (1) If a minor or nonminor 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
or nonminor, 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 or nonminor 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 or nonminor 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 or nonminor to be under the supervision of
the probation officer who may place the minor or nonminor 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, except a runaway
and homeless youth shelter licensed by the State Department of Social
Services pursuant to Section 1502.35 of the Health and Safety Code.
   (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
  A  state or local regulation or policy 
may   shall not  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 minor at
the group home in applying and using the reasonable and prudent
parent standard.
   (E) For nonminors, an approved supervised independent living
setting as defined in Section 11400, including a residential housing
unit certified by a licensed transitional housing placement provider.

   (4) The minor or nonminor shall be released from juvenile
detention upon an order being entered under paragraph (3), unless the
court determines that a delay in the release from detention is
reasonable pursuant to Section 737. 
   (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 (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.
   SEC.   2.    Section 737 of the  
Welfare and Institutions Code   is amended to read: 
   737.  (a) Whenever a person has been adjudged a ward of the
juvenile court and has been committed or otherwise disposed of as
provided in this chapter for the care of wards of the juvenile court,
the court may order that the ward be detained in the detention home,
or in the case of a ward of the age of 18 years or more, in the
county jail or otherwise as the court deems fit until the execution
of the order of commitment or of other disposition.
   (b) In any case in which a minor  or nonminor  is
detained for more than 15 days pending the execution of the order of
commitment or of any other disposition, the court shall periodically
review the case to determine whether the delay is reasonable. These
periodic reviews shall  be   occur at a hearing
 held at least every 15 days, commencing from the time the minor
 or nonminor  was initially detained pending the execution
of the order of commitment or of any other disposition, and during
the course of each review the court shall inquire regarding the
action taken by the probation department to carry out its order, the
reasons for the delay, and the effect of the delay upon the minor
 or nonminor  .  All of   the following shall
not be considered reasonable delays:  
   (1) The probation officer's failure to identify a specific,
appropriate, and available placement for the minor in the case plan
described in Section 706.6 upon the court issuing an order pursuant
to paragraph (3) of subdivision (a) of Section 727 if the minor was
previously adjudged to be a dependent child of the court and was in
foster care at the time the petition was filed to adjudicate the
minor to be a ward of the court on the ground that the minor is a
person described in Section 601 or 602.  
   (2) Delays caused by administrative processes, including, but not
limited to, the work load of probation officers.  
   (3) Delays in convening any meetings between agencies. For
purposes of this paragraph, "agency" has the same meaning as defined
in Section 727.  
  SECTION 1.    Section 241.15 is added to the
Welfare and Institutions Code, immediately following Section 241.1,
to read:
   241.15.  Notwithstanding any other law, a county shall not permit
a minor who came within the description of Section 300, but who
concurrently or subsequently came with the description of Section 601
or 602, to remain in juvenile detention beyond the completion of the
period of confinement imposed by the court.