BILL ANALYSIS Ó
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|SENATE RULES COMMITTEE | AB 2813|
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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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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
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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.
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
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