BILL ANALYSIS Ó AB 2813 Page 1 Date of Hearing: April 12, 2016 ASSEMBLY COMMITTEE ON HUMAN SERVICES Susan Bonilla, Chair AB 2813 (Bloom) - As Amended April 5, 2016 SUBJECT: Juvenile offenders: dual-status minors. SUMMARY: Narrows the circumstances under which a probation officer may decide to detain a youth who is the subject of a petition to declare him or her a dependent of the juvenile court. Specifically, this bill: 1)Removes the following circumstances as conditions under which a probation officer may detain a minor who has been taken into temporary custody: a) The minor is in need of proper and effective parental care or control, as specified; b) The minor is destitute or is not provided with the necessities of life or is not provided with a home or suitable place of abode; and c) The minor is provided with a home which is an unfit place for him or her, as specified. AB 2813 Page 2 d) The minor is physically dangerous to the public because of a mental or physical deficiency, disorder, or abnormality. 2)Prohibits a probation officer's decision to detain a minor who is the subject of a petition to declare him or her a dependent of the court, as specified, from being based on any of the following: a) The minor's status as a dependent of the juvenile court; b) A determination that continuance in the minor's current placement is contrary to the minor's welfare; or c) The child welfare services department's inability to provide a placement for the minor. 3)Requires that a probation officer immediately release a minor who is the subject of a petition to declare him or her a dependent of the juvenile court to the custody of the child welfare system or his or her current foster parent, unless it is demonstrated that continued detention is a matter of immediate necessity for the protection of the person or another, as specified. 4)Affirms a probation officer's authority to refer a minor to child welfare services. EXISTING LAW: AB 2813 Page 3 1)Requires county child welfare departments and county probation departments to jointly develop a written protocol regarding minors who appear to come within both dependency jurisdiction, pursuant to WIC 300 et seq., and delinquency jurisdiction, pursuant to WIC 600 et seq. (WIC 241.1) 2)Requires that, if a child is both a dependent and a delinquent, the probation department and child welfare services department must initially determine which status will best serve the interests of the child and the protection of society. Requires that the recommendations of both departments be presented to the juvenile court, which determines which status is appropriate for the child. A child may not be designated simultaneously both a dependent child and a ward of the court, unless certain exceptions are met, as specified. (WIC 241.1.) 3)Provides that a juvenile court has jurisdiction over a child as a dependent child when that child is subject to abuse or neglect. (WIC 300) 4)Provides that a juvenile court has jurisdiction over a child when that child has committed acts that trigger delinquency jurisdiction rendering the child a ward of the court. (WIC 601 and 602) 5)Requires a probation officer to investigate the circumstances of a minor in temporary custody and to immediately release the minor to the parent, legal guardian or responsible relative unless it is demonstrated to the court that continuance in the home is contrary to the minor's welfare based on a finding of specified circumstances making the home unfit or unsafe for the minor. (WIC 628) AB 2813 Page 4 6)Allows a probation officer to detain a minor if certain conditions are met, as specified. (WIC 628) FISCAL EFFECT: Unknown. COMMENTS: Child Welfare Services: The purpose of California's Child Welfare Services (CWS) system is to provide for the protection and the health and safety of children. Within this purpose, the desired outcome is to reunite children with their biological parents, when appropriate, to help preserve and strengthen families. However, if reunification with the biological family is not appropriate, children are placed in the best environment possible, whether that is with a relative, through adoption, or with a guardian, such as a nonrelated extended family member, as specified. In the case of children who are at risk of abuse, neglect or abandonment, county juvenile courts hold legal jurisdiction and children are served by the CWS system through the appointment of a social worker. Through this system, there are multiple stages where the custody of the child or his or her placement are evaluated, reviewed and determined by the judicial system, in consultation with the child's social worker to help provide the best possible services to the child. At the time a child is identified as needing child welfare services and is in the temporary custody of a social worker, the social worker is required to identify whether there is a relative or guardian to whom a child may be released, unless the social worker believes that the child would be at risk of abuse, neglect or abandonment if placed with that relative or guardian. State law also lays out the conditions under which a court may deem a child a dependent or ward of the court, including when the parent has been incarcerated or institutionalized and is unable to arrange for care for the child, such as placement with AB 2813 Page 5 a known relative or nonrelative extended family member. If the child is deemed a dependent or ward of the court, the court may maintain the child in his or her home, remove the child from the home but with the goal of reunifying the child with his or her family, or identify another form of permanent placement. Unless the child is unable to be placed with the parent, the court is required to give preference to a relative of the child in order to preserve the child's association with his or her family. Associated with the placement, the assigned social worker shall develop a case plan for the child, which outlines the placement for the child, sets forth services necessary for the child, and outlines the provision of reunification services, if necessary and appropriate. Dual-status youth: It has been acknowledged that youth involved in the juvenile justice system and the child welfare system face greater challenges and adversity as they move into adulthood. They often face challenges that youth involved in only one of the systems or youth involved in neither of the systems face, and their outcomes are often poorer and require greater supports and services to address their needs, reduce recidivism and foster rehabilitation. The State of California has passed legislation and authorized various pilot projects in an attempt to address the needs of these youth, but a comprehensive statewide approach to meet those needs and help youth successfully transition to adulthood does not yet exist. Counties are enabled to adopt dual status protocols in order to allow for better oversight and provision of services to youth who are involved in both the child welfare and juvenile justice systems. Dual status for children who are both wards of the court and dependent children allow for better oversight and coordination between the child welfare services and probation systems. Counties that elect to participate in this voluntary program are tasked with creating a dual status protocol to permit a youth who meets specified criteria to be designated as both a dependent child and a ward of the court simultaneously. AB 2813 Page 6 However, according to the Judicial Council website, only 18 of California's 58 counties have elected to develop these protocols. Still, the counties that have elected to participate include: Los Angeles, San Diego, Santa Clara, Riverside, and San Bernardino Counties, so that most youth involved with both the dependency and delinquency systems in California today live in dual-status jurisdictions. Need for this bill: According to the author, "Foster youth do not have the same statutory protection that other children in our state have and are often needlessly arrested and detained in juvenile halls. Children who enter the juvenile justice system, even briefly, are more likely to engage in deviant behavior and more likely to get arrested as adults. Therefore, it is imperative that foster youth not be unfairly detained. Existing law requires minors to be released to their parent or guardian unless they are a public safety risk or flight risk and requires that a court's decision to detain a minor not be based on their status as a foster youth; however that same statutory protection does not exist for the probation officer's decision to detain a foster youth. This bill will extend that statutory provision to probation officers and will require that a probation officer's decision to detain a foster youth not be based on their status as a dependent of the court." Supporters of the bill assert that this previous legislation, AB 388 (Chesbro), Chapter 760, Statutes of 2014, addressed the over-detention of foster youth at the detention hearing stage by requiring that the court's decision to detain not be based on a youth's status as a dependent, the bill did not apply to a probation officer's initial decision to detain prior to the court hearing. This bill, according to those who support the bill, will harmonize the criteria for detention probation with those used by the court at the detention hearing, ensuring that no foster youth is held in a juvenile hall because they are a AB 2813 Page 7 foster youth. Detention can negatively impact a young person's mental and physical well-being, their education, and their employment opportunities. Time spent in detention can increase a youth's likelihood to recidivate and spend time in detention as an adult. PRIOR LEGISLATION: AB 1911(Eggman), 2016, requires the development and implementation of standardized definitions and defined goals for dual status youth. This bill will be heard in the Assembly Human Services Committee on April 12th. AB 388 (Chesbro), Chapter 760, Statutes of 2014, specified that a dependent ward of the juvenile court is not necessarily subject to detention or other sanctions because of their status as a dependent of the court. REGISTERED SUPPORT / OPPOSITION: Support Advokids Alameda County Office of Education (ACOE) California Alliance for Youth and Community Justice AB 2813 Page 8 California Catholic Conference Children Now National Association of Social Workers, CA Chapter (NASW-CA) National Center for Youth Law (NCYL) Public Counsel's Children's Rights Project W. Haywood Burns Institute (BI) Youth Law Center - sponsor Opposition None on file. Analysis Prepared by:Kelsy Castillo / HUM. S. / (916) 319-2089 AB 2813 Page 9