BILL ANALYSIS                                                                                                                                                                                                    Ó






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                                   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  








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            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  







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                                                                    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.   








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          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







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          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


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