BILL ANALYSIS                                                                                                                                                                                                    Ó



                                                                    AB 2813


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          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,      |
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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