BILL ANALYSIS Ó
AB 2813
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB
2813 (Bloom)
As Amended June 1, 2016
Majority vote
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|ASSEMBLY: |77-0 |(May 12, 2016) |SENATE: |35-0 |(August 18, |
| | | | | |2016) |
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Original Committee Reference: HUM. S.
SUMMARY: Removes certain circumstances under which a probation
officer may detain a minor who has been taken into temporary
custody, as specified, and narrows the circumstances under which
a probation officer may decide to detain a youth who is
currently a dependent of the juvenile court, or the subject of a
petition to declare him or her a dependent of the juvenile
court. Further, requires that a probation officer immediately
release a minor who is a dependent of the juvenile court, or is
the subject of a petition to declare him of her a dependent of
the juvenile court, to the custody of the child welfare system
or his or her current foster parent or other caregiver, unless
continued detention is a matter of immediate necessity, as
specified.
The Senate amendments, clarify that prohibitions related to a
probation officer's decision to detain a minor also apply to a
minor who is currently a dependent of the court, as specified,
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and that a probation officer's decision to detain a minor also
may not be based on a minor's status as the subject of a
petition to declare him or her a dependent of the juvenile
court.
EXISTING LAW:
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 Welfare and Institutions Code Section (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
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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)
6)Allows a probation officer to detain a minor if certain
conditions are met, as specified. (WIC 628)
FISCAL EFFECT: According to the Senate Appropriations
Committee, this bill was placed on the second reading file
pursuant to Senate Rule 28.8.
COMMENTS:
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
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both a dependent child and a ward of the court simultaneously.
However, according to the Judicial Council Web site, 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; as such, many 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 it,
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 simply because they are
a foster youth. Detention can negatively impact a young
person's mental and physical well-being, their education, and
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their employment opportunities. Time spent in detention can
increase a youth's likelihood to recidivate and spend time in
detention as an adult.
Analysis Prepared by:
Kelsy Castillo / HUM. S. / (916) 319-2089 FN:
0003901