Amended in Senate June 15, 2014

Amended in Assembly March 24, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2607

Introduced by Assembly Member Skinner

February 21, 2014

An act 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: 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 begin delete jail. end delete begin insert jail or otherwise as the court deems fit until the execution of the order of commitment or of other disposition. end insert 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 begin insert that mandate a periodic review end insert applicable to nonminors. The bill would require these periodic reviews to be held at a hearing and begin delete also end delete begin insert would delete the limitation on the court’s authority to order a ward to be detained in a detention home, or in the case of a ward who is 18 years of age or older, in a county jail, until the execution of the order of commitment or of other disposition. The bill end insert would prohibit a court from determining that certain delays are reasonable, including, but not limited to, begin delete delays end delete begin insert a delay end insert caused by administrative processes. begin insert The bill would require the court to issue any necessary orders, sanctions, or relief if the court finds a delay to be unreasonable, including, but not limited to, releasing the minor or nonminor to be under the supervision of the probation officer who may place the minor or nonminor in an available temporary nonsecure setting if the court finds it is in the best interests of the minor or nonminor. end insert

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.

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 begin delete which end delete begin insert th end insert begin insert at end insert
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. A state or local
regulation or policy 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 begin delete 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 end delete 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 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 begin delete disposition, and during end delete begin insert disposition. Prior to the
hearing, the probation officer shall contact appropriate placements
in order to identify specific, appropriate, and available placements
for the minor or nonminor. During end insert the course of each review begin insert , end insert 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. begin delete All of the
following shall not be considered reasonable delays: end delete begin insert The probation
department shall explain to the court what steps have been taken
to identify an appropriate placement for the minor or nonminor. end insert

begin insert

(c) (1) A court shall not consider any of the following to be a
reasonable delay:

end insert begin delete

(1)

end delete

begin insert ( end insert begin insert A) end insert  The probation officer’s begin delete failure end delete begin insert inability end insert to identify a specific,
appropriate, and available placement for the minor begin delete 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. end delete begin insert or nonminor when the
court finds that the probation officer has not made reasonable
efforts to identify a specific, appropriate, and available placement
for the minor or nonminor. end insert

begin delete

(2) Delays

end delete

begin insert (B) end insert begin insert   end insert begin insert A delay end insert caused by administrative processes, including, but
not limited to, the begin delete work load end delete begin insert workload end insert of begin delete probation officers. end delete begin insert county
personnel, transfer or reassignment of a case, or the availability
of reports or records. end insert

begin delete

(3) Delays

end delete

begin insert (C) end insert begin insert   end insert begin insert A delay end insert in convening any meetings between agencies. For
purposes of this paragraph, “agency” has the same meaning as
defined in Section 727.

begin insert

(2) This subdivision does not preclude the court from
determining that any other delay is not reasonable, including, but
not limited to, in the case of a minor or nonminor who was
previously adjudged to be a dependent child of the court and was
in foster care at the time the petition was filed pursuant to Section
601 or 602, if the probation officer does not identify a specific,
appropriate, and available placement for the minor or nonminor
in the case plan described in Section 706.6 upon the court issuing
its orders pursuant to paragraph (3) of subdivision (a) of Section
727, unless the probation officer provides documentation that his
or her efforts to find an appropriate placement were reasonable.

end insert begin insert

(d) (1) If the court finds the delay to be unreasonable, the court
shall issue any necessary orders, sanctions, or relief pending the
execution of the order of commitment or of other disposition, which
may include, but shall not be limited to, releasing the minor or
nonminor to be under the supervision of a probation officer who
may place the minor or nonminor in a temporary nonsecure setting
if the court finds that a temporary nonsecure setting is available
and it is in the best interests of the minor or nonminor.

end insert begin insert

(2) The court shall continue to periodically review the case,
pursuant to subdivision (b), until the execution of the order of
commitment or of other disposition.

end insert begin insert

(e) It is the intent of the Legislature, in amending this section
in the 2013-14 Regular Session, that minors and nonminors are
to be released to their court-ordered dispositions expeditiously,
and that any unreasonable periods of detention must be eliminated
because they are not in the best interests of the minor or nonminor.

end insert