BILL NUMBER: AB 2607 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 26, 2014
PASSED THE ASSEMBLY AUGUST 27, 2014
AMENDED IN SENATE AUGUST 22, 2014
AMENDED IN SENATE JUNE 15, 2014
AMENDED IN ASSEMBLY MARCH 24, 2014
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, 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 jail or
otherwise as the court deems fit until the execution of the order of
commitment or of other disposition. 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 that mandate a periodic
review applicable to nonminors. The bill would require these periodic
reviews to be held at a hearing and 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 would prohibit a court from determining
that certain delays are reasonable, including, but not limited to, a
delay caused by administrative processes. The bill would require the
court to order the probation officer to assess the availability of
any suitable temporary placement or other alternative to continued
detention, and would authorize the court, after consulting with
interested parties, including the family of the minor or nonminor, to
order the minor or nonminor to be placed in a suitable and available
temporary nonsecure placement.
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 additionally allow for a minor to be placed in an
approved home of a resource family, as defined. The 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.
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) The approved home of a resource family, as defined in Section
16519.5.
(C) 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.
(D) With a foster family agency to be placed in a suitable
licensed foster family home or certified family home that has been
certified by the agency as meeting licensing standards.
(E) (i) Every minor adjudged a ward of the juvenile court who is
residing in a placement as defined in subparagraphs (A) to (D),
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.
(F) 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 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 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 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. The
probation department shall explain to the court what steps have been
taken to identify an appropriate placement for the minor or nonminor.
(c) (1) A court shall not consider any of the following to be a
reasonable delay:
(A) The probation officer's inability to identify a specific,
appropriate, and available placement for the minor 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.
(B) A delay caused by administrative processes, including, but
not limited to, the workload of county personnel, transfer or
reassignment of a case, or the availability of reports or records.
(C) A delay in convening any meetings between agencies. For
purposes of this paragraph, "agency" has the same meaning as defined
in Section 727.
(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.
(d) (1) If the court finds the delay to be unreasonable, the court
shall order the probation officer to assess the availability of any
suitable temporary placements or other alternatives to continued
detention of the minor or nonminor in a secure setting. The court may
order that the minor or nonminor be placed in a suitable and
available temporary nonsecure placement or alternative to continued
detention after consultation with all interested parties present at
the hearing, including the probation officer, the minor or nonminor,
the family of the minor or nonminor, and other providers of services.
In addition to the orders authorized by this subdivision, the court
may issue any other orders or relief pursuant to its authority under
paragraph (1) of subdivision (a) of Section 727.
(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.
(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.