BILL ANALYSIS Ó ----------------------------------------------------------------- |SENATE RULES COMMITTEE | AB 2813| |Office of Senate Floor Analyses | | |(916) 651-1520 Fax: (916) | | |327-4478 | | ----------------------------------------------------------------- THIRD READING Bill No: AB 2813 Author: Bloom (D) Amended: 6/1/16 in Senate Vote: 21 SENATE PUBLIC SAFETY COMMITTEE: 7-0, 6/14/16 AYES: Hancock, Anderson, Glazer, Leno, Liu, Monning, Stone SENATE APPROPRIATIONS COMMITTEE: Senate Rule 28.8 ASSEMBLY FLOOR: 77-0, 5/12/16 - See last page for vote SUBJECT: Juvenile offenders: dual-status minors SOURCE: Youth Law Center DIGEST: This bill revises the conditions relevant to continuing the detention of a minor who has been taken into custody, as specified. ANALYSIS: Existing law requires probation to immediately release a minor who has been taken into temporary custody to the custody of his or her parent, legal guardian, or responsible relative unless it can be demonstrated upon the evidence before the court that continuance in the home is contrary to the minor's welfare and one or more of the following conditions exist: 1)The minor is in need of proper and effective parental care or control and has no parent, legal guardian, or responsible AB 2813 Page 2 relative; or has no parent, legal guardian, or responsible relative willing to exercise or capable of exercising that care or control; or has no parent, legal guardian, or responsible relative actually exercising that care or control. 2)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. 3)The minor is provided with a home which is an unfit place for him or her by reason of neglect, cruelty, depravity or physical abuse by either of his or her parents, or by his or her legal guardian or other person in whose custody or care he or she is entrusted. 4)Continued detention of the minor is a matter of immediate and urgent necessity for the protection of the minor or reasonable necessity for the protection of the person or property of another. 5)The minor is likely to flee the jurisdiction of the court. 6)The minor has violated an order of the juvenile court. 7)The minor is physically dangerous to the public because of a mental or physical deficiency, disorder or abnormality. (Welfare and Institutions Code § 628.) This bill: 1)Deletes conditions (1) through (3) above. 2)Provides that a "probation officer's decision to detain a minor who is currently a dependent of the juvenile court pursuant to Section 300 or the subject of a petition to AB 2813 Page 3 declare him or her a dependent of the juvenile court pursuant to Section 300 and who has been removed from the custody of his or her parent or guardian by the juvenile court shall not be based on any of the following: a) The minor's status as a dependent of the juvenile court or as the subject of a petition to declare him or her a dependent of the juvenile court. b) A determination that continuance in the minor's current placement is contrary to the minor's welfare. c) The child welfare services department's inability to provide a placement for the minor." 3)Requires the probation officer to immediately release a minor who is a dependent ward of the court, or subject to a dependency petition to the custody of the child welfare services department or his or her current foster parent or other caregiver unless the probation officer determines that one or more of the conditions described above (4-7) exist. 4)Provides that this bill does not limit a probation officer's authority to refer a minor to child welfare services. Background Previous legislation, AB 388 (Chesbro, Chapter 760, Statutes of 2014), addressed the detention of foster youth at the detention hearing stage and required 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 is intended to 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 foster youth. AB 2813 Page 4 As explained above, this bill 1) deletes considerations in current law relating to whether the minor needs parental control, is destitute, or lives in an unfit place, as specified; 2) provides that the decision to retain custody over a dependent minor may not be based on that status, a determination that the minor's current placement is contrary to their welfare, or the inability of child welfare services to provide a placement for the minor, as specified; 3) requires probation to immediately release a dependent child to child welfare services or their foster parent or caregiver unless certain conditions relating to safety, risk of flight or violation of a court order are present, as specified; and 4) provides that these provisions do not limit the authority of probation to refer a minor to child welfare services, as specified. FISCAL EFFECT: Appropriation: No Fiscal Com.:YesLocal: Yes SUPPORT: (Verified6/27/16) Youth Law Center (source) Advokids Alameda County Office of Education Aspiranet California Alliance for Youth and Community Justice California Catholic Conference California Coalition for Youth Children Now Children's Defense Fund Commonweal The Juvenile Justice Program Ella Baker Center for Human Rights John Burton Foundation Lawyers' Committee for Civil Rights of the San Francisco Bay Area National Association of Social Workers, California Chapter National Center for Youth Law Prison Law Office Public Counsel AB 2813 Page 5 W. Haywood Burns Institute OPPOSITION: (Verified6/27/16) None received ASSEMBLY FLOOR: 77-0, 5/12/16 AYES: Achadjian, Alejo, Travis Allen, Arambula, Atkins, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Calderon, Campos, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Roger Hernández, Holden, Irwin, Jones, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Quirk, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Rendon NO VOTE RECORDED: Burke, Harper, Jones-Sawyer Prepared by:Alison Anderson / PUB. S. / 6/29/16 15:46:05 **** END ****