Amended in Assembly March 18, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 1911


Introduced by Assembly Member Eggman

February 11, 2016


An act tobegin delete amend Section 241.1end deletebegin insert repeal and add Section 241.2end insert of the Welfare and Institutions Code, relating to juveniles.

LEGISLATIVE COUNSEL’S DIGEST

AB 1911, as amended, Eggman. Dual-status minors.

Existing law requires the probation department and child welfare service department in each county to jointly develop a written protocol, as specified, to ensure appropriate local coordination in the assessment of a minor who is both a dependent child and a ward of the juvenile court. Existing law requires, whenever a minor appears to be both a dependent child and a ward of the juvenile court, the county probation department and the child welfare services department, pursuant to that jointly developed written protocol, to initially determine which status will best serve the best interests of the minor and the protection of society.begin insert Existing law requires the protocol to include a plan to collect data, and requires the Judicial Council to collect and compile that data. Existing law requires the Judicial Council to prepare an evaluation of the results of the implementation of the protocol, as specified, and to report its findings and any resulting recommendations to the Legislature within 2 years of the date those counties first deem a child to be a dual status child.end insert

This bill wouldbegin delete make technical, nonsubstantive changes to those provisions.end deletebegin insert require the Judicial Council to, on or before January 31, 2017, convene a committee comprised of stakeholders involved in serving the needs of dependents or wards of the juvenile court, as specified. The bill would require the committee to develop and report to the Legislature its recommendations to facilitate and enhance comprehensive data and outcome tracking for the state’s dually involved, crossover, and dual status youth, and would require the recommendations to include specified information, including standardized definitions related to the populations of youth involved in both the child welfare system and the probation system. The bill would also require the State Department of Social Services to, on or before January 31, 2017, implement a function within the Child Welfare Services/Case Management System (CWS/CMS) that will enable county child welfare agencies and county probation departments to identify the dually involved youth residing within their counties, and to issue guidance to all counties on the manner in which to track joint assessment hearing information completely and consistently for dually involved youth.end insert

Vote: majority. Appropriation: no. Fiscal committee: begin deleteno end deletebegin insertyesend insert. State-mandated local program: no.

The people of the State of California do enact as follows:

P2    1begin insert

begin insertSECTION 1.end insert  

end insert

begin insertSection 241.2 of the end insertbegin insertWelfare and Institutions Codeend insert
2begin insert is repealed.end insert

begin delete
3

241.2.  

The Judicial Council shall collect and compile all of the
4data to be collected pursuant to paragraph (4) of subdivision (e)
5of Section 241.1 and shall prepare an evaluation of the results of
6the implementation of the protocol authorized in that subdivision
7for a representative sample of the counties that create a protocol
8pursuant to that provision. The Judicial Council shall report its
9findings and any resulting recommendations to the Legislature
10within two years of the date those counties first deem a child to
11be a dual status child. The Judicial Council shall review all
12proposed protocols to ensure that they provide for the collection
13of adequate, standardized data to perform these evaluations. In
14order to assist counties with data collection and evaluation, the
15Judicial Council may prepare model data collection and evaluation
16provisions that a county must include in their protocol.

end delete
17begin insert

begin insertSEC. 2.end insert  

end insert

begin insertSection 241.2 is added to the end insertbegin insertWelfare and Institutions
18Code
end insert
begin insert, to read:end insert

begin insert
P3    1

begin insert241.2.end insert  

(a) The Judicial Council shall, on or before January
231, 2017, convene a committee comprised of stakeholders involved
3in serving the needs of dependents or wards of the juvenile court,
4including, but not limited to, judges, probation officers, social
5workers, and representatives from the State Department of Social
6Services. Within one year from the date of its first meeting, the
7committee shall develop and report to the Legislature its
8recommendations to facilitate and enhance comprehensive data
9and outcome tracking for the state’s dually involved, crossover,
10and dual status youth. The committee’s recommendations shall
11include, but not be limited to, all of the following:

12(1) A common identifier counties may use to reconcile data
13across child welfare and probation data systems statewide.

14(2) Standardized definitions for terms related to the populations
15of youth involved in both the child welfare system and the probation
16system.

17(3) Identified and defined outcomes for counties to track for
18dually involved, crossover, and dual status youth, such as outcomes
19related to recidivism and education.

20(4) Established baselines and goals for the identified and defined
21outcomes specified in paragraph (3).

22(5) An assessment as to the costs and benefits associated with
23requiring all counties to implement the committee’s
24recommendations.

25(b) The State Department of Social Services shall, on or before
26January 31, 2017, implement a function within the Child Welfare
27Services/Case Management System (CWS/CMS) that will enable
28county child welfare agencies and county probation departments
29to identify the dually involved youth residing within their counties
30and shall issue guidance to all counties on how to track joint
31 assessment hearing information completely and consistently for
32dually involved youth.

end insert
begin delete
33

SECTION 1.  

Section 241.1 of the Welfare and Institutions
34Code
is amended to read:

35

241.1.  

(a) Whenever a minor appears to come within the
36description of both Section 300 and Section 601 or 602, the county
37probation department and the child welfare services department
38shall, pursuant to a jointly developed written protocol described
39in subdivision (b), initially determine which status will serve the
40best interests of the minor and the protection of society. The
P4    1recommendations of both departments shall be presented to the
2juvenile court with the petition that is filed on behalf of the minor,
3and the court shall determine which status is appropriate for the
4minor. Any other juvenile court having jurisdiction over the minor
5shall receive notice from the court, within five calendar days, of
6the presentation of the recommendations of the departments. The
7notice shall include the name of the judge to whom, or the
8courtroom to which, the recommendations were presented.

9(b) (1) The probation department and the child welfare services
10department in each county shall jointly develop a written protocol
11to ensure appropriate local coordination in the assessment of a
12minor described in subdivision (a), and the development of
13recommendations by these departments for consideration by the
14juvenile court.

15(2) These protocols shall require, but shall not be limited to,
16consideration of the nature of the referral, the age of the minor,
17the prior record of the minor’s parents for child abuse, the prior
18record of the minor for out-of-control or delinquent behavior, the
19parents’ cooperation with the minor’s school, the minor’s
20functioning at school, the nature of the minor’s home environment,
21and the records of other agencies that have been involved with the
22minor and his or her family. The protocols also shall contain
23provisions for resolution of disagreements between the probation
24and child welfare services departments regarding the need for
25dependency or ward status and provisions for determining the
26circumstances under which filing a new petition is required to
27change the minor’s status.

28(3) (A) These protocols may also require immediate notification
29of the child welfare services department and the minor’s
30dependency attorney upon referral of a dependent minor to
31probation, procedures for release to, and placement by, the child
32welfare services department pending resolution of the
33determination pursuant to this section, timelines for dependents
34in secure custody to ensure timely resolution of the determination
35pursuant to this section for detained dependents, and
36nondiscrimination provisions to ensure that dependents are
37provided with any option that would otherwise be available to a
38nondependent minor.

39(B) If the alleged conduct that appears to bring a dependent
40minor within the description of Section 601 or 602 occurs in, or
P5    1under the supervision of, a foster home, group home, or other
2licensed facility that provides residential care for minors, the county
3probation department and the child welfare services department
4may consider whether the alleged conduct was within the scope
5of behaviors to be managed or treated by the foster home or facility,
6as identified in the minor’s case plan, needs and services plan,
7placement agreement, facility plan of operation, or facility
8emergency intervention plan, in determining which status will
9serve the best interests of the minor and the protection of society
10pursuant to subdivision (a).

11(4) The protocols shall contain all of the following processes:

12(A) A process for determining which agency and court shall
13supervise a child whose jurisdiction is modified from delinquency
14jurisdiction to dependency jurisdiction pursuant to paragraph (2)
15of subdivision (b) of Section 607.2 or subdivision (i) of Section
16727.2.

17(B) A process for determining which agency and court shall
18supervise a nonminor dependent under the transition jurisdiction
19of the juvenile court.

20(C) A process that specifically addresses the manner in which
21supervision responsibility is determined when a nonminor
22dependent becomes subject to adult probation supervision.

23(c) Whenever a minor who is under the jurisdiction of the
24juvenile court of a county pursuant to Section 300, 601, or 602 is
25alleged to come within the description of Section 300, 601, or 602
26by another county, the county probation department or child
27welfare services department in the county that has jurisdiction
28under Section 300, 601, or 602 and the county probation
29department or child welfare services department of the county
30alleging the minor to be within one of those sections shall initially
31determine which status will best serve the best interests of the
32minor and the protection of society. The recommendations of both
33departments shall be presented to the juvenile court in which the
34petition is filed on behalf of the minor, and the court shall
35determine which status is appropriate for the minor. In making
36their recommendation to the juvenile court, the departments shall
37conduct an assessment consistent with the requirements of
38subdivision (b). Any other juvenile court having jurisdiction over
39the minor shall receive notice from the court in which the petition
40is filed within five calendar days of the presentation of the
P6    1recommendations of the departments. The notice shall include the
2name of the judge to whom, or the courtroom to which, the
3recommendations were presented.

4(d) Except as provided in subdivision (e), this section shall not
5authorize the filing of a petition or petitions, or the entry of an
6order by the juvenile court, to make a minor simultaneously both
7a dependent child and a ward of the court.

8(e) Notwithstanding subdivision (d), the probation department
9and the child welfare services department, in consultation with the
10presiding judge of the juvenile court, in any county may create a
11jointly written protocol to allow the county probation department
12and the child welfare services department to jointly assess and
13produce a recommendation that the child be designated as a dual
14status child, allowing the child to be simultaneously a dependent
15child and a ward of the court. This protocol shall be signed by the
16chief probation officer, the director of the county social services
17agency, and the presiding judge of the juvenile court prior to its
18implementation. A juvenile court shall not order that a child is
19simultaneously a dependent child and a ward of the court pursuant
20to this subdivision unless and until the required protocol has been
21created and entered into. This protocol shall include all of the
22following:

23(1) A description of the process to be used to determine whether
24the child is eligible to be designated as a dual status child.

25(2) A description of the procedure by which the probation
26department and the child welfare services department will assess
27the necessity for dual status for specified children and the process
28to make joint recommendations for the court’s consideration prior
29to making a determination under this section. These
30recommendations shall ensure a seamless transition from wardship
31to dependency jurisdiction, as appropriate, so that services to the
32child are not disrupted upon termination of the wardship.

33(3) A provision for ensuring communication between the judges
34who hear petitions concerning children for whom dependency
35jurisdiction has been suspended while they are within the
36jurisdiction of the juvenile court pursuant to Section 601 or 602.
37A judge may communicate by providing a copy of any reports
38filed pursuant to Section 727.2 concerning a ward to a court that
39has jurisdiction over dependency proceedings concerning the child.

P7    1(4) A plan to collect data in order to evaluate the protocol
2pursuant to Section 241.2.

3(5) Counties that exercise the option provided for in this
4subdivision shall adopt either an “on-hold” system as described
5in subparagraph (A) or a “lead court/lead agency” system as
6described in subparagraph (B). There shall not be any simultaneous
7or duplicative case management or services provided by both the
8county probation department and the child welfare services
9department. It is the intent of the Legislature that judges, in cases
10in which more than one judge is involved, shall not issue
11conflicting orders.

12(A) In counties in which an on-hold system is adopted, the
13dependency jurisdiction shall be suspended or put on hold while
14the child is subject to jurisdiction as a ward of the court. When it
15appears that termination of the court’s jurisdiction, as established
16pursuant to Section 601 or 602, is likely and that reunification of
17the child with his or her parent or guardian would be detrimental
18to the child, the county probation department and the child welfare
19services department shall jointly assess and produce a
20recommendation for the court regarding whether the court’s
21dependency jurisdiction shall be resumed.

22(B) In counties in which a lead court/lead agency system is
23adopted, the protocol shall include a method for identifying which
24court or agency will be the lead court/lead agency. That court or
25agency shall be responsible for case management, conducting
26statutorily mandated court hearings, and submitting court reports.

27(f) Whenever the court determines pursuant to this section or
28Section 607.2 or 727.2 that it is necessary to modify the court’s
29jurisdiction over a dependent or ward who was removed from his
30or her parent or guardian and placed in foster care, the court shall
31ensure that all of the following conditions are met:

32(1) The petition under which jurisdiction was taken at the time
33the dependent or ward was originally removed is not dismissed
34until the new petition has been sustained.

35(2) The order modifying the court’s jurisdiction contains all of
36the following provisions:

37(A) Reference to the original removal findings and a statement
38that findings that continuation in the home is contrary to the child’s
39welfare, and that reasonable efforts were made to prevent removal,
40remain in effect.

P8    1(B) A statement that the child continues to be removed from
2the parent or guardian from whom the child was removed under
3the original petition.

4(C) Identification of the agency that is responsible for placement
5and care of the child based upon the modification of jurisdiction.

end delete


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