Senate Bill No. 941

Introduced by Senator Mitchell

February 3, 2016

An act to amend Sections 27756 and 27757 of the Government Code, to amend Sections 1203.016, 1203.1ab, and 1208.2 of the Penal Code, to amend Section 19280 of the Revenue and Taxation Code, and to amend Sections 207.2, 332, 656, 729.9, 871, 900, and 11325.24 of, and to repeal Sections 902, 903, 903.1, 903.15, 903.2, 903.25, 903.4, 903.45, 903.47, 903.5, 903.6, 903.7, and 904 of, the Welfare and Institutions Code, relating to juveniles.

LEGISLATIVE COUNSEL’S DIGEST

SB 941, as introduced, Mitchell. Juveniles.

(1) Existing law provides that the board of supervisors of any county may authorize the correctional administrator to offer a program under which inmates committed to a county jail or other county correctional facility or granted probation, or inmates participating in a work furlough program, may voluntarily participate or involuntarily be placed in a home detention program during their sentence in lieu of confinement in the county jail or other county correctional facility or program. Existing law authorizes the board of supervisors to prescribe a program administrative fee and an application fee for this program.

This bill would make those fees payable only by adult participants of that home detention program.

(2) Existing law provides that upon conviction of certain offenses involving controlled substances, or upon a finding that a minor is subject to the jurisdiction of the juvenile court by reason of committing one of those certain offenses, the court, when recommended by the probation officer, shall require, as a condition of probation, that the defendant or the minor not use or be under the influence of any controlled substance and submit to drug and substance abuse testing as directed by the probation officer, unless the court makes a finding that this condition would not serve the interests of justice. Existing law requires the court to order the defendant or the minor to pay a reasonable fee, not to exceed the actual cost of the testing, if the defendant or the minor is required to submit to testing and has the financial ability to pay all or part of those costs.

This bill would authorize the court to order a defendant to pay that reasonable fee only if the defendant is an adult. The bill would also delete the authorization to charge the minor that reasonable fee. By increasing county costs associated with drug and substance abuse testing, this bill would impose a state-mandated local program.

(3) Existing law requires specified orders providing for the care and custody of a ward, dependent child, or other minor person to direct that the whole expense of support and maintenance of the minor, up to the amount of $20 per month, be paid from the county treasury. Existing law authorizes the board of supervisors of each county to establish a maximum amount that the court may order the county to pay for that support and maintenance and authorizes the court to direct that an amount up to that maximum amount be paid.

This bill would delete the $20 maximum on support and maintenance payments and delete county boards of supervisors authorization to establish a maximum amount that the court may order the county to pay. By increasing county funding obligations, this bill would impose a state-mandated local program.

(4) Existing law generally imposes liability on a parent, spouse, or other person liable for the support of a minor for certain costs, including the reasonable costs of transporting the minor to a juvenile facility and for the costs of the minor’s food, shelter, and care at the juvenile facility when the minor has been held in temporary custody, as specified, and certain other circumstances are applicable; the reasonable costs of supporting the minor when he or she is placed, detained in, committed to, any institution or other place pursuant to specified provisions of law or pursuant to an order of the juvenile court; the cost of the legal services rendered to the minor by an attorney pursuant to an order of the juvenile court; and the cost of probation supervision, home supervision, or electronic surveillance of the minor, pursuant to the order of the juvenile court.

This bill would repeal these provisions. The bill would make other conforming changes. By increasing county funding obligations, this bill would impose a state-mandated local program.

(5) Existing law establishes the Foster Children and Parent Training Fund in the State Treasury for purposes of supporting foster parent training programs conducted by community colleges. Existing law makes this fund inoperative after June 30, 2005, unless otherwise specified in the annual Budget Act or in another statute.

This bill would repeal those provisions.

(6) Existing federal law provides for allocation of federal funds through the federal Temporary Assistance for Needy Families (TANF) block grant program to eligible states, known in California as the California Work Opportunity and Responsibility to Kids (CalWORKs) program. Under the CalWORKs program, each county provides cash assistance and other benefits to qualified low-income families and individuals who meet specified eligibility criteria. Existing law requires, with certain exceptions, every individual, as a condition of eligibility for aid under the CalWORKs program, to participate in welfare-to-work activities. Existing law authorizes a recipient to participate in family stabilization if the county determines that his or her family is experiencing an identified situation or crisis that is destabilizing the family and would interfere with participation in welfare-to-work activities and services. Existing law specifies that a situation or crisis that is destabilizing the family may include, but is not limited to, homelessness or imminent risk of homelessness.

This bill would also specify that a situation or crisis that is destabilizing the family includes when a child in the family has been held in temporary custody in a law enforcement facility, as specified.

(7) The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.

This bill would provide that with regard to certain mandates no reimbursement is required by this act for a specified reason.

With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.

Vote: majority. Appropriation: no. Fiscal committee: yes. State-mandated local program: yes.

The people of the State of California do enact as follows:

SECTION 1.  

Section 27756 of the Government Code is
amended to read:

27756.  

begin delete Notwithstanding Section 903.4 of the Welfare and
Institutions Code, in any end delete begin insert In a end insert county where the board of supervisors
has designated a county financial evaluation officer, the county
financial evaluation officer shall make financial evaluations of
parental liability for reimbursements and other court-ordered costs
pursuant to begin delete Sections 903, 903.1, 903.2, 903.3, and 903.45 end delete begin insert Section
903.3 end insert of the Welfare and Institutions Code, as directed by the board
of supervisors, or as established by order of the juvenile court, and
may enforce the court order as any other civil judgment, including
any balance remaining unpaid after jurisdiction of the minor has
terminated.

SEC. 2.  

Section 27757 of the Government Code is amended
to read:

27757.  

begin delete (a) end delete begin delete   end delete Except as otherwise ordered by the juvenile court,
a county financial evaluation officer, upon satisfactory proof, may
reduce, cancel, or remit the costs and charges listed in begin delete Sections
903, 903.1, 903.2, 903.3, and 903.45 end delete begin insert Section 903.3 end insert of the Welfare
and Institutions Code, or established by order of the juvenile court.

begin delete

(b) The county financial evaluation officer may, following entry
of an order by the juvenile court that a minor person be represented
by the public defender or private attorney or be placed under the
probation supervision of the probation officer or be placed or
detained in, or committed to, a county institution or other place,
make an investigation to determine the moneys, the property, or
interest in property, if any, the minor person has, and whether he
or she has a duly appointed and acting guardian to protect his or
her property interests. The county financial evaluation officer may
also make an investigation to determine whether the minor person
has any relative or relatives responsible under the provisions of
this chapter, and may ascertain the financial condition of that
relative or those relatives to determine whether they are financially
able to pay such charges.

end delete begin delete

(c) In any case where a county has expended money for the
support and maintenance of any ward, dependent child or other
minor person, or has furnished support and maintenance, and the
court has not made an order of reimbursement to the county, in
whole or in part, as provided by law, or the court has made and
subsequently revoked such an order, if the ward, dependent child
or other minor person or parent, guardian, or other person liable
for the support of the ward, dependent child or other minor person
acquires property, money, or estate subsequent to the date the
juvenile court assumed jurisdiction over the ward, dependent child
or minor person, or subsequent to the date the order of
reimbursement was revoked, the county shall have a claim for said
reimbursement against the ward, dependent child or other minor
person or parent, guardian or other person responsible for such
support and maintenance. Such claim shall be enforced by the
county financial evaluation officer or the local child support
agency, as the case may be.

end delete

SEC. 3.  

Section 1203.016 of the Penal Code is amended to
read:

1203.016.  

(a) Notwithstanding any other law, the board of
supervisors of any county may authorize the correctional
administrator, as defined in subdivision (h), to offer a program
under which inmates committed to a county jail or other county
correctional facility or granted probation, or inmates participating
in a work furlough program, may voluntarily participate or
involuntarily be placed in a home detention program during their
sentence in lieu of confinement in the county jail or other county
correctional facility or program under the auspices of the probation
officer.

(b) The board of supervisors, in consultation with the
correctional administrator, may prescribe reasonable rules and
regulations under which a home detention program may operate.
As a condition of participation in the home detention program, the
inmate shall give his or her consent in writing to participate in the
home detention program and shall in writing agree to comply or,
for involuntary participation, the inmate shall be informed in
writing that he or she shall comply, with the rules and regulations
of the program, including, but not limited to, the following rules:

(1) The participant shall remain within the interior premises of
his or her residence during the hours designated by the correctional
administrator.

(2) The participant shall admit any person or agent designated
by the correctional administrator into his or her residence at any
time for purposes of verifying the participant’s compliance with
the conditions of his or her detention.

(3) The participant shall agree to the use of electronic
monitoring, which may include global positioning system devices
or other supervising devices for the purpose of helping to verify
his or her compliance with the rules and regulations of the home
detention program. The devices shall not be used to eavesdrop or
record any conversation, except a conversation between the
participant and the person supervising the participant which is to
be used solely for the purposes of voice identification.

(4) The participant shall agree that the correctional administrator
in charge of the county correctional facility from which the
participant was released may, without further order of the court,
immediately retake the person into custody to serve the balance
of his or her sentence if the electronic monitoring or supervising
devices are unable for any reason to properly perform their function
at the designated place of home detention, if the person fails to
remain within the place of home detention as stipulated in the
agreement, if the person willfully fails to pay fees to the provider
of electronic home detention services, as stipulated in the
agreement, subsequent to the written notification of the participant
that the payment has not been received and that return to custody
may result, or if the person for any other reason no longer meets
the established criteria under this section. A copy of the agreement
shall be delivered to the participant and a copy retained by the
correctional administrator.

(c) Whenever the peace officer supervising a participant has
reasonable cause to believe that the participant is not complying
with the rules or conditions of the program, or that the electronic
monitoring devices are unable to function properly in the
designated place of confinement, the peace officer may, under
general or specific authorization of the correctional administrator,
and without a warrant of arrest, retake the person into custody to
complete the remainder of the original sentence.

(d) Nothing in this section shall be construed to require the
correctional administrator to allow a person to participate in this
program if it appears from the record that the person has not
satisfactorily complied with reasonable rules and regulations while
in custody. A person shall be eligible for participation in a home
detention program only if the correctional administrator concludes
that the person meets the criteria for release established under this
section and that the person’s participation is consistent with any
reasonable rules and regulations prescribed by the board of
supervisors or the administrative policy of the correctional
administrator.

(1) The rules and regulations and administrative policy of the
program shall be written and reviewed on an annual basis by the
county board of supervisors and the correctional administrator.
The rules and regulations shall be given to or made available to
any participant upon request.

(2) The correctional administrator, or his or her designee, shall
have the sole discretionary authority to permit program
participation as an alternative to physical custody. All persons
referred or recommended by the court to participate in the home
detention program pursuant to subdivision (e) who are denied
participation or all persons removed from program participation
shall be notified in writing of the specific reasons for the denial
or removal. The notice of denial or removal shall include the
participant’s appeal rights, as established by program administrative
policy.

(e) The court may recommend or refer a person to the
correctional administrator for consideration for placement in the
home detention program. The recommendation or referral of the
court shall be given great weight in the determination of acceptance
or denial. At the time of sentencing or at any time that the court
deems it necessary, the court may restrict or deny the defendant’s
participation in a home detention program.

(f) The correctional administrator may permit home detention
program participants to seek and retain employment in the
community, attend psychological counseling sessions or
educational or vocational training classes, or seek medical and
dental assistance. Willful failure of the program participant to
return to the place of home detention not later than the expiration
of any period of time during which he or she is authorized to be
away from the place of home detention pursuant to this section
and unauthorized departures from the place of home detention are
punishable as provided in Section 4532.

(g) The board of supervisors may prescribe a program
administrative fee to be paid by each begin insert adult end insert home detention
participant that shall be determined according to his or her ability
to pay. Inability to pay all or a portion of the program fees shall
not preclude participation in the program, and eligibility shall not
be enhanced by reason of ability to pay. All program administration
and supervision fees shall be administered in compliance with
Section 1208.2.

(h) As used in this section, begin delete “Correctional end delete begin insert “correctional end insert
administrator” means the sheriff, probation officer, or director of
the county department of corrections.

(i) Notwithstanding any other law, the police department of a
city where an office is located to which persons on an electronic
monitoring program report may request the county correctional
administrator to provide information concerning those persons.
This information shall be limited to the name, address, date of
birth, offense committed by the home detainee, and if available,
at the discretion of the supervising agency and solely for
investigatory purposes, current and historical GPS coordinates of
the home detainee. A law enforcement department that does not
have the primary responsibility to supervise participants in the
electronic monitoring program that receives information pursuant
to this subdivision shall not use the information to conduct
enforcement actions based on administrative violations of the home
detention program. A law enforcement department that has
knowledge that the subject in a criminal investigation is a
participant in an electronic monitoring program shall make
reasonable efforts to notify the supervising agency prior to serving
a warrant or taking any law enforcement action against a participant
in an electronic monitoring program.

(j) It is the intent of the Legislature that home detention
programs established under this section maintain the highest public
confidence, credibility, and public safety. In the furtherance of
these standards, the following shall apply:

(1) The correctional administrator, with the approval of the
board of supervisors, may administer a home detention program
pursuant to written contracts with appropriate public or private
agencies or entities to provide specified program services. No
public or private agency or entity may operate a home detention
program in any county without a written contract with that county’s
correctional administrator. However, this does not apply to the use
of electronic monitoring by the Department of Corrections and
Rehabilitation. No public or private agency or entity entering into
a contract may itself employ any person who is in the home
detention program.

(2) Program acceptance shall not circumvent the normal booking
process for sentenced offenders. All home detention program
participants shall be supervised.

(3) (A) All privately operated home detention programs shall
be under the jurisdiction of, and subject to the terms and conditions
of the contract entered into with, the correctional administrator.

(B) Each contract shall include, but not be limited to, all of the
following:

(i) A provision whereby the private agency or entity agrees to
operate in compliance with any available standards promulgated
by state correctional agencies and bodies, including the Corrections
Standards Authority, and all statutory provisions and mandates,
state and county, as appropriate and applicable to the operation of
home detention programs and the supervision of sentenced
offenders in a home detention program.

(ii) A provision that clearly defines areas of respective
responsibility and liability of the county and the private agency or
entity.

(iii) A provision that requires the private agency or entity to
demonstrate evidence of financial responsibility, submitted and
approved by the board of supervisors, in amounts and under
conditions sufficient to fully indemnify the county for reasonably
foreseeable public liability, including legal defense costs, that may
arise from, or be proximately caused by, acts or omissions of the
contractor. The contract shall provide for annual review by the
correctional administrator to ensure compliance with requirements
set by the board of supervisors and for adjustment of the financial
responsibility requirements if warranted by caseload changes or
other factors.

(iv) A provision that requires the private agency or entity to
provide evidence of financial responsibility, such as certificates
of insurance or copies of insurance policies, prior to commencing
any operations pursuant to the contract or at any time requested
by the board of supervisors or correctional administrator.

(v) A provision that permits the correctional administrator to
immediately terminate the contract with a private agency or entity
at any time that the contractor fails to demonstrate evidence of
financial responsibility.

(C) All privately operated home detention programs shall
comply with all appropriate, applicable ordinances and regulations
specified in subdivision (a) of Section 1208.

(D) The board of supervisors, the correctional administrator,
and the designee of the correctional administrator shall comply
with Section 1090 of the Government Code in the consideration,
making, and execution of contracts pursuant to this section.

(E) The failure of the private agency or entity to comply with
statutory provisions and requirements or with the standards
established by the contract and with the correctional administrator
may be sufficient cause to terminate the contract.

(F) Upon the discovery that a private agency or entity with
whom there is a contract is not in compliance pursuant to this
paragraph, the correctional administrator shall give 60 days’ notice
to the director of the private agency or entity that the contract may
be canceled if the specified deficiencies are not corrected.

(G) Shorter notice may be given or the contract may be canceled
without notice whenever a serious threat to public safety is present
because the private agency or entity has failed to comply with this
section.

(k) For purposes of this section, “evidence of financial
responsibility” may include, but is not limited to, certified copies
of any of the following:

(1) A current liability insurance policy.

(2) A current errors and omissions insurance policy.

(3) A surety bond.

SEC. 4.  

Section 1203.1ab of the Penal Code is amended to
read:

1203.1ab.  

Upon conviction of any offense involving the
unlawful possession, use, sale, or other furnishing of any controlled
substance, as defined in Chapter 2 (commencing with Section
11053) of Division 10 of the Health and Safety Code, in addition
to any or all of the terms of imprisonment, fine, and other
reasonable conditions specified in or permitted by Section 1203.1,
unless it makes a finding that this condition would not serve the
interests of justice, the court, when recommended by the probation
officer, shall require as a condition of probation that the defendant
shall not use or be under the influence of any controlled substance
and shall submit to drug and substance abuse testing as directed
by the probation officer. If the defendant begin insert is an adult, end insert is required
to submit to begin delete testing end delete begin insert testing, end insert and has the financial ability to pay all
or part of the costs associated with that testing, the court shall order
the defendant to pay a reasonable fee, which shall not exceed the
actual cost of the testing.

SEC. 5.  

Section 1208.2 of the Penal Code is amended to read:

1208.2.  

(a) (1) This section shall apply to individuals
authorized to participate in a work furlough program pursuant to
Section 1208, or to individuals authorized to participate in an
electronic home detention program pursuant to Section 1203.016
or 1203.018, or to individuals authorized to participate in a county
parole program pursuant to Article 3.5 (commencing with Section
3074) of Chapter 8 of Title 1 of Part 3.

(2) As used in this section, as appropriate, “administrator” means
the sheriff, probation officer, director of the county department of
corrections, or county parole administrator.

(b) (1) A board of supervisors which implements programs
identified in paragraph (1) of subdivision (a), may prescribe a
program administrative fee and an application fee, that together
shall not exceed the pro rata cost of the program to which the
person is accepted, including equipment, supervision, and other
operating costs, except as provided in begin delete paragraph (2). end delete begin insert paragraphs
(2) and (3). end insert

(2) With regard to a privately operated electronic home detention
program pursuant to Section 1203.016 or 1203.018, the limitation,
described in paragraph (1), in prescribing a program administrative
fee and application fee shall not apply.

begin insert

(3) With regard to an electronic home detention program
operated pursuant Section 1203.016, whether or not the program
is privately operated, any administrative fee or application fee
prescribed by a board of supervisors shall not apply to minors
participating in the program.

end insert

(c) The correctional administrator, or his or her designee, shall
not have access to a person’s financial data prior to granting or
denying a person’s participation in, or assigning a person to, any
of the programs governed by this section.

(d) The correctional administrator, or his or her designee, shall
not consider a person’s ability or inability to pay all or a portion
of the program fee for the purposes of granting or denying a
person’s participation in, or assigning a person to, any of the
programs governed by this section.

(e) For purposes of this section, “ability to pay” means the
overall capability of the person to reimburse the costs, or a portion
of the costs, of providing supervision and shall include, but shall
not be limited to, consideration of all of the following factors:

(1) Present financial position.

(2) Reasonably discernible future financial position. In no event
shall the administrator, or his or her designee, consider a period
of more than six months from the date of acceptance into the
program for purposes of determining reasonably discernible future
financial position.

(3) Likelihood that the person shall be able to obtain
employment within the six-month period from the date of
acceptance into the program.

(4) Any other factor that may bear upon the person’s financial
capability to reimburse the county for the fees fixed pursuant to
subdivision (b).

(f) The administrator, or his or her designee, may charge a
person the fee set by the board of supervisors or any portion of the
fee and may determine the method and frequency of payment. Any
fee the administrator, or his or her designee, charges pursuant to
this section shall not in any case be in excess of the fee set by the
board of supervisors and shall be based on the person’s ability to
pay. The administrator, or his or her designee, shall have the option
to waive the fees for program supervision when deemed necessary,
justified, or in the interests of justice. The fees charged for program
supervision may be modified or waived at any time based on the
changing financial position of the person. All fees paid by persons
for program supervision shall be deposited into the general fund
of the county.

(g) No person shall be denied consideration for, or be removed
from, participation in any of the programs to which this section
applies because of an inability to pay all or a portion of the program
supervision fees. At any time during a person’s sentence, the person
may request that the administrator, or his or her designee, modify
or suspend the payment of fees on the grounds of a change in
circumstances with regard to the person’s ability to pay.

(h) If the person and the administrator, or his or her designee,
are unable to come to an agreement regarding the person’s ability
to pay, or the amount which is to be paid, or the method and
frequency with which payment is to be made, the administrator,
or his or her designee, shall advise the appropriate court of the fact
that the person and administrator, or his or her designee, have not
been able to reach agreement and the court shall then resolve the
disagreement by determining the person’s ability to pay, the amount
which is to be paid, and the method and frequency with which
payment is to be made.

(i) At the time a person is approved for any of the programs to
which this section applies, the administrator, or his or her designee,
shall furnish the person a written statement of the person’s rights
in regard to the program for which the person has been approved,
including, but not limited to, both of the following:

(1) The fact that the person cannot be denied consideration for
or removed from participation in the program because of an
inability to pay.

(2) The fact that if the person is unable to reach agreement with
the administrator, or his or her designee, regarding the person’s
ability to pay, the amount which is to be paid, or the manner and
frequency with which payment is to be made, that the matter shall
be referred to the court to resolve the differences.

(j) In all circumstances where a county board of supervisors has
approved a program administrator, as described in Section
1203.016, 1203.018, or 1208, to enter into a contract with a private
agency or entity to provide specified program services, the program
administrator shall ensure that the provisions of this section are
contained within any contractual agreement for this purpose. All
privately operated home detention programs shall comply with all
appropriate, applicable ordinances and regulations specified in
subdivision (a) of Section 1208.

SEC. 6.  

Section 19280 of the Revenue and Taxation Code is
amended to read:

19280.  

(a) (1) Fines, state or local penalties, bail, forfeitures,
restitution fines, restitution orders, or any other amounts imposed
by a juvenile or superior court of the State of California upon a
person or any other entity that are due and payable in an amount
totaling no less than one hundred dollars ($100), in the aggregate,
for criminal offenses, including all offenses involving a violation
of the Vehicle Code, begin delete and any amounts due pursuant to Section
903.1 of the Welfare and Institutions Code end delete may, no sooner than
90 days after payment of that amount becomes delinquent, be
referred by the juvenile or superior court, the county, or the state
to the Franchise Tax Board for collection under guidelines
prescribed by the Franchise Tax Board. Unless the victim of the
crime notifies the Department of Corrections and Rehabilitation
or county to the contrary, the Department of Corrections and
Rehabilitation or county may refer a restitution order to the
Franchise Tax Board, in accordance with subparagraph (B) of
paragraph (2), for any person subject to the restitution order who
is or has been under the jurisdiction of the Department of
Corrections and Rehabilitation or county.

(2) For purposes of this subdivision:

(A) The amounts referred by the juvenile or superior court, the
county, or the state under this section may include an administrative
fee and any amounts that a government entity may add to the
court-imposed obligation as a result of the underlying offense,
trial, or conviction. For purposes of this article, those amounts
shall be deemed to be imposed by the court.

(B) Restitution orders may be referred to the Franchise Tax
Board only by a government entity, as agreed upon by the
Franchise Tax Board, provided that all of the following apply:

(i) The government entity has the authority to collect on behalf
of the state or the victim.

(ii) The government entity shall be responsible for distributing
the restitution order collections, as appropriate.

(iii) The government entity shall ensure, in making the referrals
and distributions, that it coordinates with any other related
collection activities that may occur by superior courts, counties,
or other state agencies.

(iv) The government entity shall ensure compliance with laws
relating to the reimbursement of the State Restitution Fund.

(C) The Franchise Tax Board shall establish criteria for referral
that shall include setting forth a minimum dollar amount subject
to referral and collection.

(b) The Franchise Tax Board, in conjunction with the Judicial
Council, shall seek whatever additional resources are needed to
accept referrals from all 58 counties or superior courts.

(c) Upon written notice to the debtor from the Franchise Tax
Board, any amount referred to the Franchise Tax Board under
subdivision (a) and any interest thereon, including any interest on
the amount referred under subdivision (a) that accrued prior to the
date of referral, shall be treated as final and due and payable to the
State of California, and shall be collected from the debtor by the
Franchise Tax Board in any manner authorized under the law for
collection of a delinquent personal income tax liability, including,
but not limited to, issuance of an order and levy under Article 4
(commencing with Section 706.070) of Chapter 5 of Division 2
of Title 9 of Part 2 of the Code of Civil Procedure in the manner
provided for earnings withholding orders for taxes.

(d) (1) Part 10 (commencing with Section 17001), this part,
Part 10.7 (commencing with Section 21001), and Part 11
(commencing with Section 23001) shall apply to amounts referred
under this article in the same manner and with the same force and
effect and to the full extent as if the language of those laws had
been incorporated in full into this article, except to the extent that
any provision is either inconsistent with this article or is not
relevant to this article.

(2) Any information, information sources, or enforcement
remedies and capabilities available to the court or the state referring
to the amount due described in subdivision (a) shall be available
to the Franchise Tax Board to be used in conjunction with, or
independent of, the information, information sources, or remedies
and capabilities available to the Franchise Tax Board for purposes
of administering Part 10 (commencing with Section 17001), this
part, Part 10.7 (commencing with Section 21001), or Part 11
(commencing with Section 23001).

(e) The activities required to implement and administer this part
shall not interfere with the primary mission of the Franchise Tax
Board to administer Part 10 (commencing with Section 17001)
and Part 11 (commencing with Section 23001).

(f) For amounts referred for collection under subdivision (a),
interest shall accrue at the greater of the rate applicable to the
amount due being collected or the rate provided under Section
19521. When notice of the amount due includes interest and is
mailed to the debtor and the amount is paid within 15 days after
the date of notice, interest shall not be imposed for the period after
the date of notice.

(g) A collection under this article is not a payment of income
taxes imposed under Part 10 (commencing with Section 17001)
or Part 11 (commencing with Section 23001).

SEC. 7.  

Section 207.2 of the Welfare and Institutions Code is
amended to read:

207.2.  

begin delete (a) end delete begin delete   end delete A minor who is held in temporary custody in a law
enforcement facility that contains a lockup for adults pursuant to
subdivision (d) of Section 207.1 may be released to a parent,
guardian, or responsible relative by the law enforcement agency
operating the facility, or may at the discretion of the law
enforcement agency be released into his or her own custody,
provided that a minor released into his or her own custody is
furnished, upon request, with transportation to his or her home or
to the place where the minor was taken into custody.

begin delete

(b) In addition to the liability established by any other provision
of law, a parent or guardian of a minor who has been held in
temporary custody in a law enforcement facility pursuant to
subdivision (d) of Section 207.1 shall be liable for the reasonable
costs of transporting the minor to a juvenile facility and for the
costs of the minor’s food, shelter, and care at the juvenile facility
when all of the following circumstances are applicable:

(1) The parent or guardian has received actual notice by
telephone or by written communication from the law enforcement
agency that the minor is scheduled for release and that the parent
is requested to take delivery of the minor at the law enforcement
facility, in person or through a responsible relative, by a time
certain which shall be no later than six hours from the time the
minor was placed in temporary custody at the law enforcement
facility. The notice shall inform the parent or guardian of the
financial liability created by this section.

(2) It is reasonably possible for the parent or guardian to take
delivery, in person or through a responsible relative, of the minor
at the law enforcement facility within the custody time limit
identified by the law enforcement agency in the request to take
delivery of the minor.

(3) The parent or guardian states a refusal to accept release of
the minor or fails to make a reasonable effort to take timely
delivery of the minor, in person or through a responsible relative,
in accordance with the request of the law enforcement agency.

(c) The liability established by this section, when combined
with any other liability arising under Section 903, shall not exceed
one hundred dollars ($100) for each 24-hour period, beginning
when notice of release was actually received, in which a notified
parent or guardian has failed to make a reasonable effort to take
custody of the minor, in person or through a responsible relative,
at the law enforcement facility or at a juvenile facility to which
the minor is subsequently transferred.

(d) The liability established by this section shall be limited by
the financial ability of the parents, guardians, or other persons to
pay. Any parent, guardian, or other person who is assessed under
this section shall, upon request, be entitled to an evaluation and
determination of ability to pay under Section 903.45. Any parent,
guardian, or other person who is assessed under this section shall
also be entitled, upon petition, to a hearing in the juvenile court
on the issues of liability and ability to pay.

end delete

SEC. 8.  

Section 332 of the Welfare and Institutions Code is
amended to read:

332.  

A petition to commence proceedings in the juvenile court
to declare a child a ward or a dependent child of the court shall be
verified and shall contain all of the following:

(a) The name of the court to which it is addressed.

(b) The title of the proceeding.

(c) The code section and the subdivision under which the
proceedings are instituted. If it is alleged that the child is a person
described by subdivision (e) of Section 300, the petition shall
include an allegation pursuant to that section.

(d) The name, age, and address, if any, of the child upon whose
behalf the petition is brought.

(e) The names and residence addresses, if known to the
petitioner, of both parents and any guardian of the child. If there
is no parent or guardian residing within the state, or if his or her
place of residence is not known to the petitioner, the petition shall
also contain the name and residence address, if known, of any
adult relative residing within the county, or, if there is none, the
adult relative residing nearest to the location of the court. If it is
known to the petitioner that one of the parents is a victim of
domestic violence and that parent is currently living separately
from the batterer-parent, the address of the victim-parent shall
remain confidential.

(f) A concise statement of facts, separately stated, to support
the conclusion that the child upon whose behalf the petition is
being brought is a person within the definition of each of the
sections and subdivisions under which the proceedings are being
instituted.

(g) The fact that the child upon whose behalf the petition is
brought is detained in custody or is not detained in custody, and
if he or she is detained in custody, the date and the precise time
the child was taken into custody.

begin delete

(h) A notice to the father, mother, spouse, or other person liable
for support of the child, of all of the following: (1) Section 903
makes that person, the estate of that person, and the estate of the
child, liable for the cost of the care, support, and maintenance of
the child in any county institution or any other place in which the
child is placed, detained, or committed pursuant to an order of the
juvenile court; (2) Section 903.1 makes that person, the estate of
that person, and the estate of the child, liable for the cost to the
county of legal services rendered to the child or the parent by a
private attorney or a public defender appointed pursuant to the
order of the juvenile court; (3) Section 903.2 makes that person,
the estate of that person, and the estate of the child, liable for the
cost to the county of the supervision of the child by the social
worker pursuant to the order of the juvenile court; and (4) the
liabilities established by these sections are joint and several.

end delete

SEC. 9.  

Section 656 of the Welfare and Institutions Code is
amended to read:

656.  

A petition to commence proceedings in the juvenile court
to declare a minor a ward of the court shall be verified and shall
contain all of the following:

(a) The name of the court to which it is addressed.

(b) The title of the proceeding.

(c) The code section and subdivision under which the
proceedings are instituted.

(d) The name, age, and address, if any, of the minor upon whose
behalf the petition is brought.

(e) The names and residence addresses, if known to the
petitioner, of both of the parents and any guardian of the minor.
If there is no parent or guardian residing within the state, or if his
or her place of residence is not known to the petitioner, the petition
shall also contain the name and residence address, if known, of
any adult relative residing within the county, or, if there are none,
the adult relative residing nearest to the location of the court.

(f) A concise statement of facts, separately stated, to support
the conclusion that the minor upon whose behalf the petition is
being brought is a person within the definition of each of the
sections and subdivisions under which the proceedings are being
instituted.

(g) The fact that the minor upon whose behalf the petition is
brought is detained in custody or is not detained in custody, and
if he or she is detained in custody, the date and the precise time
the minor was taken into custody.

begin delete

(h) A notice to the father, mother, spouse, or other person liable
for support of the minor child, that: (1) Section 903 may make that
person, the estate of that person, and the estate of the minor child,
liable for the cost of the care, support, and maintenance of the
minor child in any county institution or any other place in which
the child is placed, detained, or committed pursuant to an order of
the juvenile court; (2) Section 903.1 may make that person, the
estate of that person, and the estate of the minor child, liable for
the cost to the county of legal services rendered to the minor by a
private attorney or a public defender appointed pursuant to the
order of the juvenile court; (3) Section 903.2 may make that person,
the estate of that person, and the estate of the minor child, liable
for the cost to the county of the probation supervision of the minor
child by the probation officer pursuant to the order of the juvenile
court; and (4) the liabilities established by these sections are joint
and several.

end delete begin delete

(i)

end delete

begin insert ( end insert begin insert h) end insert  In a proceeding alleging that the minor comes within Section
601, notice to the parent, guardian, or other person having control
or charge of the minor that failure to comply with the compulsory
school attendance laws is an infraction, which may be charged and
prosecuted before the juvenile court judge sitting as a superior
court judge. In those cases, the petition shall also include notice
that the parent, guardian, or other person having control or charge
of the minor has the right to a hearing on the infraction before a
judge different than the judge who has heard or is to hear the
proceeding pursuant to Section 601. The notice shall explain the
provisions of Section 170.6 of the Code of Civil Procedure.

begin delete

(j)

end delete

begin insert ( end insert begin insert i) end insert  If a proceeding is pending against a minor child for a
violation of Section 594.2, 640.5, 640.6, or 640.7 of the Penal
Code, a notice to the parent or legal guardian of the minor that if
the minor is found to have violated either or both of these
provisions that (1) any community service which may be required
of the minor may be performed in the presence, and under the
direct supervision, of the parent or legal guardian pursuant to either
or both of these provisions, and (2) if the minor is personally unable
to pay any fine levied for the violation of either or both of these
provisions, that the parent or legal guardian of the minor shall be
liable for payment of the fine pursuant to those sections.

begin delete

(k)

end delete

begin insert ( end insert begin insert j) end insert  A notice to the parent or guardian of the minor that if the
minor is ordered to make restitution to the victim pursuant to
Section 729.6, as operative on or before August 2, 1995, Section
731.1, as operative on or before August 2, 1995, or Section 730.6,
or to pay fines or penalty assessments, the parent or guardian may
be liable for the payment of restitution, fines, or penalty
assessments.

SEC. 10.  

Section 729.9 of the Welfare and Institutions Code
is amended to read:

729.9.  

If a minor is found to be a person described in Section
602 by reason of the commission of an offense involving the
unlawful possession, use, sale, or other furnishing of a controlled
substance, as defined in Chapter 2 (commencing with Section
11053) of Division 10 of the Health and Safety Code, and, unless
it makes a finding that this condition would not serve the interests
of justice, the court, when recommended by the probation officer,
shall require, as a condition of probation, in addition to any other
disposition authorized by law, that the minor shall not use or be
under the influence of any controlled substance and shall submit
to drug and substance abuse testing as directed by the probation
officer. begin delete If the minor is required to submit to testing and has the
financial ability to pay all or part of the costs associated with that
testing, the court shall order the minor to pay a reasonable fee,
which shall not exceed the actual cost of the testing. end delete

SEC. 11.  

Section 871 of the Welfare and Institutions Code is
amended to read:

871.  

(a) Any person under the custody of a probation officer
or any peace officer in a county juvenile hall, or committed to a
county juvenile ranch, camp, forestry camp, or regional facility,
who escapes or attempts to escape from the institution or facility
in which he or she is confined, who escapes or attempts to escape
while being conveyed to or from such an institution or facility, or
who escapes or attempts to escape while outside or away from
such an institution or facility while under the custody of a probation
officer or any peace officer, is guilty of a misdemeanor, punishable
by imprisonment in the county jail not exceeding one year.

(b) Any person who commits any of the acts described in
subdivision (a) by use of force or violence shall be punished by
imprisonment in a county jail for not more than one year or by
imprisonment in the state prison.

(c) The willful failure of a person under the custody of a
probation officer or any peace officer in a county juvenile hall, or
committed to a county juvenile ranch camp, or forestry camp, to
return to the county juvenile hall, ranch, camp, or forestry camp
at the prescribed time while outside or away from the county
facility on furlough or temporary release constitutes an escape
punishable as provided in subdivision (a). However, a willful
failure to return at the prescribed time shall not be considered an
escape if the failure to return was reasonable under the
circumstances.

(d) A minor who, while under the supervision of a probation
officer, removes his or her electronic monitor without authority
and who, for more than 48 hours, violates the terms and conditions
of his or her probation relating to the proper use of the electronic
monitor shall be guilty of a misdemeanor. If an electronic monitor
is damaged or discarded while in the possession of the minor,
restitution for the cost of replacing the unit may be ordered as part
of the punishment.

(e) The liability established by this section shall be limited by
the financial ability of the person or persons ordered to pay
restitution under this section, who shall, upon request, be entitled
to an evaluation and determination of ability to begin delete pay under Section
903.45. end delete begin insert pay. end insert

(f) For purposes of this section, “regional facility” means any
facility used by one or more public entities for the confinement of
juveniles for more than 24 hours.

SEC. 12.  

Section 900 of the Welfare and Institutions Code is
amended to read:

900.  

(a) If it is necessary that provision be made for the
expense of support and maintenance of a ward or dependent child
of the juvenile court or of a minor person concerning whom a
petition has been filed in accordance with the provisions of this
chapter, the order providing for the care and custody of such ward,
dependent child or other minor person shall direct that the whole
expense of support and maintenance of such ward, dependent child
or other minor begin delete person, up to the amount of twenty dollars ($20)
per month be paid from the county treasury and may direct that
an amount up to any maximum amount per month established by
the board of supervisors of the county be so paid. The board of
supervisors of each county is hereby authorized to establish, either
generally or for individual wards or dependent children or
according to classes or groups of wards or dependent children, a
maximum amount which the court may order the county to pay
for such support and maintenance. end delete begin insert person be paid from the county
treasury. end insert All orders made pursuant to the provisions of this section
shall state the amounts to be so paid from the county treasury, and
such amounts shall constitute legal charges against the county.

(b) This section is applicable to a minor who is the subject of a
program of supervision undertaken by the probation department
pursuant to Section begin delete 330 end delete begin insert 301 end insert or 654 and who is temporarily placed
out of his home by the probation department, with the approval of
the court and the minor’s parent or guardian, for a period not to
exceed seven days.

SEC. 13.  

Section 902 of the Welfare and Institutions Code is
repealed.

begin delete

902.  

If it is found that the maximum amount established by
the board of supervisors of the county is insufficient to pay the
whole expense of support and maintenance of a ward, dependent
child, or other minor person, the court may order and direct that
such additional amount as is necessary shall be paid out of the
earnings, property, or estate of such ward, dependent child, or
other minor person, or by the parents or guardian of such ward,
dependent child, or other minor person, or by any other person
liable for his support and maintenance, to the county officers
designated by the board of supervisors who shall in turn pay it to
the person, association, or institution that, under court order, is
caring for and maintaining such ward, dependent child, or other
minor person.

end delete

SEC. 14.  

Section 903 of the Welfare and Institutions Code is
repealed.

begin delete

903.  

(a) The father, mother, spouse, or other person liable for
the support of a minor, the estate of that person, and the estate of
the minor, shall be liable for the reasonable costs of support of the
minor while the minor is placed, or detained in, or committed to,
any institution or other place pursuant to Section 625 or pursuant
to an order of the juvenile court. However, a county shall not levy
charges for the costs of support of a minor detained pursuant to
Section 625 unless, at the detention hearing, the juvenile court
determines that detention of the minor should be continued, the
petition for the offense for which the minor is detained is
subsequently sustained, or the minor agrees to a program of
supervision pursuant to Section 654. The liability of these persons
and estates shall be a joint and several liability.

(b) The county shall limit the charges it seeks to impose to the
reasonable costs of support of the minor and shall exclude any
costs of incarceration, treatment, or supervision for the protection
of society and the minor and the rehabilitation of the minor. In the
event that court-ordered child support paid to the county pursuant
to subdivision (a) exceeds the amount of the costs authorized by
this subdivision and subdivision (a), the county shall either hold
the excess in trust for the minor’s future needs pursuant to Section
302.52 of Title 45 of the Code of Federal Regulations or, with the
approval of the minor’s caseworker or probation officer, pay the
excess directly to the minor.

(c) It is the intent of the Legislature in enacting this subdivision
to protect the fiscal integrity of the county, to protect persons
against whom the county seeks to impose liability from excessive
charges, to ensure reasonable uniformity throughout the state in
the level of liability being imposed, and to ensure that liability is
imposed only on persons with the ability to pay. In evaluating a
family’s financial ability to pay under this section, the county shall
take into consideration the family’s income, the necessary
obligations of the family, and the number of persons dependent
upon this income. Except as provided in paragraphs (1), (2), (3),
and (4), “costs of support” as used in this section means only actual
costs incurred by the county for food and food preparation,
clothing, personal supplies, and medical expenses, not to exceed
a combined maximum cost of thirty dollars ($30) per day, except
that:

(1) The maximum cost of thirty dollars ($30) per day shall be
adjusted every third year beginning January 1, 2012, to reflect the
percentage change in the calendar year annual average of the
California Consumer Price Index, All Urban Consumers, published
by the Department of Industrial Relations, for the three-year period.

(2) No cost for medical expenses shall be imposed by the county
until the county has first exhausted any eligibility the minor may
have under private insurance coverage, standard or medically
indigent Medi-Cal coverage, and the Robert W. Crown California
Children’s Services Act (Article 2 (commencing with Section 248)
of Chapter 2 of Part 1 of Division 1 of the Health and Safety Code).

(3) In calculating the cost of medical expenses, the county shall
not charge in excess of 100 percent of the AFDC fee-for-service
average Medi-Cal payment for that county for that fiscal year as
calculated by the State Department of Health Services; however,
if a minor has extraordinary medical or dental costs that are not
met under any of the coverages listed in paragraph (2), the county
may impose these additional costs.

(4) For those placements of a minor subject to this section in
which an AFDC-FC grant is made, the local child support agency
shall, subject to Sections 17550 and 17552 of the Family Code,
seek an order pursuant to Section 17400 of the Family Code and
the statewide child support guideline in effect in Article 2
(commencing with Section 4050) of Chapter 2 of Part 2 of Division
9 of the Family Code. For purposes of determining the correct
amount of support of a minor subject to this section, the rebuttable
presumption set forth in Section 4057 of the Family Code is
applicable. This paragraph shall be implemented consistent with
subdivision (a) of Section 17415 of the Family Code.

(d) Notwithstanding subdivision (a), the father, mother, spouse,
or other person liable for the support of the minor, the estate of
that person, or the estate of the minor, shall not be liable for the
costs described in this section if a petition to declare the minor a
dependent child of the court pursuant to Section 300 is dismissed
at or before the jurisdictional hearing.

(e) Notwithstanding subdivision (a), the father, mother, spouse,
or other person liable for the support of a minor shall not be liable
for the costs of support of that minor while the minor is temporarily
placed or detained in any institution or other place pursuant to
Section 625 or is committed to any institution or other place
pursuant to an order of the juvenile court, if the minor is placed
or detained because he or she is found by a court to have committed
a crime against that person. Nothing in this subdivision shall be
construed to extinguish a child support obligation between private
parties.

end delete

SEC. 15.  

Section 903.1 of the Welfare and Institutions Code
is repealed.

begin delete

903.1.  

(a) The father, mother, spouse, or other person liable
for the support of a minor, the estate of that person, and the estate
of the minor, shall be liable for the cost to the county or the court,
whichever entity incurred the expenses, of legal services rendered
to the minor by an attorney pursuant to an order of the juvenile
court. The father, mother, spouse, or other person liable for the
support of a minor and the estate of that person shall also be liable
for any cost to the county or the court of legal services rendered
directly to the father, mother, or spouse, of the minor or any other
person liable for the support of the minor, in a dependency
proceeding by an attorney appointed pursuant to an order of the
juvenile court. The liability of those persons (in this article called
relatives) and estates shall be a joint and several liability.

(b) Notwithstanding subdivision (a), the father, mother, spouse,
or other person liable for the support of the minor, the estate of
that person, or the estate of the minor, shall not be liable for the
costs of any of the legal services provided to any person described
in this section if a petition to declare the minor a dependent child
of the court pursuant to Section 300 is dismissed at or before the
jurisdictional hearing.

(c) Fees received pursuant to this section shall be transmitted
to the Administrative Office of the Courts in the same manner as
prescribed in Section 68085.1 of the Government Code. The
Administrative Office of the Courts shall deposit the fees received
pursuant to this section into the Trial Court Trust Fund.

end delete

SEC. 16.  

Section 903.15 of the Welfare and Institutions Code
is repealed.

begin delete

903.15.  

(a) The parent of any minor, or other person who is
liable for the support of the minor, on whose behalf a petition is
filed pursuant to Section 601 or 602, when the minor is represented
by appointed counsel, shall be assessed a reasonable registration
fee not to exceed fifty dollars ($50) at the time the legal services
are provided. Notwithstanding this subdivision, no fee shall be
required of any parent or other person who is financially unable
to pay the fee.

(b) At the time of appointment of counsel by the court, or upon
commencement of representation by the public defender, if prior
to court appointment, the parent or other person who is liable for
the support of the minor shall be asked if he or she is financially
able to pay the registration fee or any portion thereof. If the parent
or other person indicates that he or she is able to pay the fee or a
portion thereof, the court or public defender shall make an
assessment in accordance with ability to pay. No fee shall be
assessed against any parent or other person who asserts that he or
she is unable to pay the fee or any portion thereof. No other inquiry
concerning the parent’s or other person’s ability to pay shall be
made until proceedings are held pursuant to Section 903.45.

(c) No minor shall be denied the assistance of appointed counsel
due solely to the failure of the parent or other person to pay the
registration fee. The registration fee shall be a joint and several
liability of the parent or other person who is liable for the support
of the minor. An order to pay the registration fee may be enforced
in the manner provided for enforcement of civil judgments
generally, but may not be enforced by contempt.

(d) The fact that a parent or other person who is liable for the
support of the minor has or has not been assessed a fee pursuant
to this section shall have no effect in any later proceedings held
pursuant to Section 903.1 or 903.45, except that the parent or other
person shall be given credit for any amounts paid as a registration
fee toward any assessment imposed pursuant to Section 903.1 or
903.45 for legal services.

(e) This section shall be operative in a county only upon the
adoption of a resolution or ordinance by the board of supervisors
electing to establish the registration fee and setting forth the manner
in which the funds shall be collected and distributed. Collection
procedures, accounting measures, and the distribution of the funds
received pursuant to this section shall be within the discretion of
the board of supervisors.

end delete

SEC. 17.  

Section 903.2 of the Welfare and Institutions Code
is repealed.

begin delete

903.2.  

(a) The juvenile court may require that the father,
mother, spouse, or other person liable for the support of a minor,
the estate of that person, and the estate of the minor shall be liable
for the cost to the county of the probation supervision, home
supervision, or electronic surveillance of the minor, pursuant to
the order of the juvenile court, by the probation officer. The
liability of these persons (in this article called relatives) and estates
shall be a joint and several liability.

(b) Liability shall be imposed on a person pursuant to this
section only if he or she has the financial ability to pay. In
evaluating a family’s financial ability to pay under this section,
the county shall take into consideration the family income, the
necessary obligations of the family, and the number of persons
dependent upon this income.

end delete

SEC. 18.  

Section 903.25 of the Welfare and Institutions Code
is repealed.

begin delete

903.25.  

(a) In addition to the liability established by any other
provision of law, a parent or guardian of a minor who has been
delivered to the custody of the probation department, or who has
been placed into a children’s receiving home, a foster care home
or facility, or securely detained in a juvenile facility operated by
a probation department, shall be liable for the reasonable costs of
food, shelter, and care of the minor while in the custody of the
probation department when all of the following circumstances are
applicable:

(1) The parent or guardian receives actual notice by telephone
or by written communication from the probation officer that the
minor is scheduled for release from custody and that the parent or
guardian, in person or through a responsible relative, is requested
to take delivery of the minor. The notice shall inform the parent
or guardian of the financial liability created by this section.

(2) It is reasonably possible for the parent or guardian to take
delivery of the minor, in person or through a responsible relative,
at the place designated by the probation officer within 12 hours
from the time notice of release was received, or within 48 hours
from the time notice of release is received in any case where a
petition to declare the minor a dependent child of the court pursuant
to Section 300 was dismissed at or before the jurisdictional hearing.

(3) The parent states a refusal to take delivery of the minor or
fails to make a reasonable effort to take delivery of the minor, in
person or through a responsible relative, within 12 hours from the
time of actual receipt of the notice, or within 48 hours from the
time of actual receipt of the notice in any case where a petition to
declare the minor a dependent child of the court pursuant to Section
300 was dismissed at or before the jurisdictional hearing.

(b) The liability established by this section, when combined
with any liability arising under Section 903, shall not exceed one
hundred dollars ($100) for each 24-hour period, beginning when
notice of release was actually received, or beginning 48 hours after
notice of release was actually received in any case where a petition
to declare the minor a dependent child of the court pursuant to
Section 300 was dismissed at or before the jurisdictional hearing,
in which a notified parent or guardian has failed to make a
reasonable effort to take delivery of the minor, in person or through
a responsible relative, in accordance with the request and
instructions of the probation officer.

(c) The liability established by this section shall be limited by
the financial ability of the parents, guardians, or other persons to
pay. Any parent, guardian, or other person who is assessed under
this section shall, upon request, be entitled to an evaluation and
determination of ability to pay under the provisions of Section
903.45. Any parent, guardian, or other person who is assessed
under this section shall also be entitled, upon petition, to a hearing
and determination by the juvenile court on the issues of liability
and ability to pay.

end delete

SEC. 19.  

Section 903.4 of the Welfare and Institutions Code
is repealed.

begin delete

903.4.  

(a) The Legislature finds that even though Section 903
establishes parental liability for the cost of the care, support, and
maintenance of a child in a county institution or other place in
which the child is placed, detained, or committed pursuant to an
order of the juvenile court, the collection of child support for
juveniles who have been placed in out-of-home care as dependents
or wards of the juvenile court under Sections 300, 601, and 602
has not been pursued routinely and effectively.

It is the purpose of this section to substantially increase income
to the state and to counties through court-ordered parental
reimbursement for the support of juveniles who are in out-of-home
placement. In this regard, the Legislature finds that the costs of
collection will be offset by the additional income derived from the
increased effectiveness of the parental support program.

(b) In any case in which a child is or has been declared a
dependent child or a ward of the court pursuant to a Section 300,
601, or 602, the juvenile court shall order any agency which has
expended moneys or incurred costs on behalf of the child pursuant
to a detention or placement order of the juvenile court, to submit
to the local child support agency, within 30 days, in the form of a
declaration, a statement of its costs and expenses for the benefit,
support, and maintenance of the child.

(c) (1) The local child support agency may petition the superior
court to issue an order to show cause why an order should not be
entered for continuing support and reimbursement of the costs of
the support of any minor described in Section 903.

Any order entered as a result of the order to show cause shall be
enforceable in the same manner as any other support order entered
by the courts of this state at the time it becomes due and payable.

In any case in which the local child support agency has received
a declaration of costs or expenses from any agency, the declaration
shall be deemed an application for assistance pursuant to Section
17400 of the Family Code.

(2) The order to show cause shall inform the parent of all of the
following facts:

(A) He or she has been sued.

(B) If he or she wishes to seek the advice of an attorney in this
matter, it should be done promptly so that his or her financial
declaration and written response, if any, will be filed on time.

(C) He or she has a right to appear personally and present
evidence in his or her behalf.

(D) His or her failure to appear at the order to show cause
hearing, personally or through his or her attorney, may result in
an order being entered against him or her for the relief requested
in the petition.

(E) Any order entered could result in the garnishment of wages,
taking of money or property to enforce the order, or being held in
contempt of court.

(F) Any party has a right to request a modification of any order
issued by the superior court in the event of a change in
circumstances.

(3) Any existing support order shall remain in full force and
effect unless the superior court modifies that order pursuant to
subdivision (f).

(4) The local child support agency shall not be required to
petition the court for an order for continuing support and
reimbursement if, in the opinion of the local child support agency,
it would not be appropriate to secure such an order. The local child
support agency shall not be required to continue collection efforts
for any order if, in the opinion of the local child support agency,
it would not be appropriate or cost effective to enforce the order
pursuant to Section 17552 of the Family Code.

(d) (1) In any case in which an order to show cause has been
issued and served upon a parent for continuing support and
reimbursement of costs, a completed income and expense
declaration shall be filed with the court by the parent; a copy of it
shall be delivered to the local child support agency at least five
days prior to the hearing on the order to show cause.

(2) Any person authorized by law to receive a parent’s financial
declaration or information obtained therefrom, who knowingly
furnishes the declaration or information to a person not authorized
by law to receive it, is guilty of a misdemeanor.

(e) If a parent has been personally served with the order to show
cause and no appearance is made by the parent, or an attorney in
his or her behalf, at the hearing on the order to show cause, the
court may enter an order for the principal amount and continuing
support in the amount demanded in the petition.

If the parent appears at the hearing on the order to show cause,
the court may enter an order for the amount the court determines
the parent is financially able to pay.

(f) The court shall have continuing jurisdiction to modify any
order for continuing support entered pursuant to this section.

(g) As used in this section, “parent” includes any person
specified in Section 903, the estate of any such person, and the
estate of the minor person. “Parent” does not include a minor or
nonminor dependent whose minor child receives aid under Section
11401.4.

(h) The local child support agency may contract with another
county agency for the performance of any of the duties required
by this section.

end delete

SEC. 20.  

Section 903.45 of the Welfare and Institutions Code
is repealed.

begin delete

903.45.  

(a) The board of supervisors may designate a county
financial evaluation officer pursuant to Section 27750 of the
Government Code to make financial evaluations of liability for
reimbursement pursuant to Sections 207.2, 903, 903.1, 903.2,
903.25, 903.3, and 903.5, and other reimbursable costs allowed
by law, as set forth in this section.

(b) In a county where a board of supervisors has designated a
county financial evaluation officer, the juvenile court shall, at the
close of the disposition hearing, order any person liable for the
cost of support, pursuant to Section 903, the cost of legal services
as provided for in Section 903.1, probation costs as provided for
in Section 903.2, or any other reimbursable costs allowed under
this code, to appear before the county financial evaluation officer
for a financial evaluation of his or her ability to pay those costs.
If the responsible person is not present at the disposition hearing,
the court shall cite him or her to appear for a financial evaluation.
In the case of a parent, guardian, or other person assessed for the
costs of transport, food, shelter, or care of a minor under Section
207.2 or 903.25, the juvenile court shall, upon request of the county
probation department, order the appearance of the parent, guardian,
or other person before the county financial evaluation officer for
a financial evaluation of his or her ability to pay the costs assessed.

If the county financial evaluation officer determines that a person
so responsible has the ability to pay all or part of the costs, the
county financial evaluation officer shall petition the court for an
order requiring the person to pay that sum to the county or court,
depending on which entity incurred the expense. If the parent or
guardian is liable for costs for legal services pursuant to Section
903.1, the parent or guardian has been reunified with the child
pursuant to a court order, and the county financial evaluation officer
determines that repayment of the costs would harm the ability of
the parent or guardian to support the child, then the county financial
evaluation officer shall not petition the court for an order of
repayment, and the court shall not make that order. In addition, if
the parent or guardian is currently receiving reunification services,
and the court finds, or the county financial officer determines, that
repayment by the parent or guardian will pose a barrier to
reunification with the child because it will limit the ability of the
parent or guardian to comply with the requirements of the
reunification plan or compromise the parent’s or guardian’s current
or future ability to meet the financial needs of the child, or in any
case in which the court finds that the repayment would be unjust
under the circumstances of the case, then the county financial
evaluation officer shall not petition the court for an order of
repayment, and the court shall not order repayment by the parent
or guardian. In evaluating a person’s ability to pay under this
section, the county financial evaluation officer and the court shall
take into consideration the family’s income, the necessary
obligations of the family, and the number of persons dependent
upon this income. A person appearing for a financial evaluation
has the right to dispute the county financial evaluation officer’s
determination, in which case he or she is entitled to a hearing
before the juvenile court. The county financial evaluation officer,
at the time of the financial evaluation, shall advise the person of
his or her right to a hearing and of his or her rights pursuant to
subdivision (c).

At the hearing, a person responsible for costs is entitled to have,
but shall not be limited to, the opportunity to be heard in person,
to present witnesses and other documentary evidence, to confront
and cross-examine adverse witnesses, to disclosure of the evidence
against him or her, and to receive a written statement of the
findings of the court. The person has the right to be represented
by counsel, and, if the person is unable to afford counsel, the right
to appointed counsel. If the court determines that the person has
the ability to pay all or part of the costs, including the costs of any
counsel appointed to represent the person at the hearing, the court
shall set the amount to be reimbursed and order him or her to pay
that sum to the county or court, depending on which entity incurred
the expense, in a manner in which the court believes reasonable
and compatible with the person’s financial ability.

If the person, after having been ordered to appear before the
county financial evaluation officer, has been given proper notice
and fails to appear as ordered, the county financial evaluation
officer shall recommend to the court that the person be ordered to
pay the full amount of the costs. Proper notice to the person shall
contain all of the following:

(1) That the person has a right to a statement of the costs as
soon as it is available.

(2) The person’s procedural rights under Section 27755 of the
Government Code.

(3) The time limit within which the person’s appearance is
required.

(4) A warning that if the person fails to appear before the county
financial evaluation officer, the officer will recommend that the
court order the person to pay the costs in full.

If the county financial evaluation officer determines that the
person has the ability to pay all or a portion of these costs, with or
without terms, and the person concurs in this determination and
agrees to the terms of payment, the county financial evaluation
officer, upon his or her written evaluation and the person’s written
agreement, shall petition the court for an order requiring the person
to pay that sum to the county or the court in a manner that is
reasonable and compatible with the person’s financial ability. This
order may be granted without further notice to the person, provided
a copy of the order is served on the person by mail.

However, if the county financial evaluation officer cannot reach
an agreement with the person with respect to either the liability
for the costs, the amount of the costs, the person’s ability to pay
the costs, or the terms of payment, the matter shall be deemed in
dispute and referred by the county financial evaluation officer back
to the court for a hearing.

(c) At any time prior to the satisfaction of a judgment entered
pursuant to this section, a person against whom the judgment was
entered may petition the rendering court to modify or vacate the
judgment on the basis of a change in circumstances relating to his
or her ability to pay the judgment.

(d) Execution may be issued on the order in the same manner
as on a judgment in a civil action, including any balance remaining
unpaid at the termination of the court’s jurisdiction over the minor.

end delete

SEC. 21.  

Section 903.47 of the Welfare and Institutions Code
is repealed.

begin delete

903.47.  

(a) The Judicial Council shall establish a program to
collect reimbursements from the person liable for the costs of
counsel appointed to represent parents or minors pursuant to
Section 903.1 in dependency proceedings.

(1) As part of the program, the Judicial Council shall:

(A) Adopt a statewide standard for determining the ability to
pay reimbursements for counsel, which shall at a minimum include
the family’s income, their necessary obligations, the number of
individuals dependent on this income, and the cost-effectiveness
of the program.

(B) Adopt policies and procedures allowing a court to recover
from the money collected the costs associated with implementing
the reimbursements program. The policies and procedures shall at
a minimum limit the amount of money a court may recover to a
reasonable proportion of the reimbursements collected and provide
the terms and conditions under which a court may use a third party
to collect reimbursements. For the purposes of this subparagraph,
“costs associated with implementing the reimbursements program”
means the court costs of assessing a parent’s ability to pay for
court-appointed counsel and the costs to collect delinquent
reimbursements.

(2) The money collected shall be deposited as required by
Section 68085.1 of the Government Code. Except as otherwise
authorized by law, the money collected under this program shall
be utilized to reduce caseloads, for attorneys appointed by the
court, to the caseload standard approved by the Judicial Council.
Priority shall be given to those courts with the highest attorney
caseloads that also demonstrate the ability to immediately improve
outcomes for parents and children as a result of lower attorney
caseloads.

(b) The court may do either of the following:

(1) Designate a court financial evaluation officer to make
financial evaluations of liability for reimbursement pursuant to
Section 903.1.

(2) With the consent of the county and pursuant to the terms
and conditions agreed upon by the court and county, designate a
county financial evaluation officer to make financial evaluations
of liability for reimbursement pursuant to Section 903.1.

(c) In handling reimbursement of payments pursuant to Section
903.1, the court financial evaluation officer and the county financial
evaluation officer shall follow the procedures set forth for county
financial evaluation officers in subdivisions (b), (c), and (d) of
Section 903.45.

end delete

SEC. 22.  

Section 903.5 of the Welfare and Institutions Code
is repealed.

begin delete

903.5.  

In addition to the requirements of Section 903.4, and
notwithstanding any other provision of law, the parent or other
person legally liable for the support of a minor, who voluntarily
places the minor in 24-hour out-of-home care, shall be liable for
the cost of the minor’s care, support, and maintenance when the
minor receives Aid to Families with Dependent Children-Foster
Care (AFDC-FC), Supplemental Security Income-State
Supplementary Program (SSI-SSP), or county-only funds. As used
in this section, “parent” includes any person specified in Section
903. As used in this section, “parent” does not include a minor or
nonminor dependent whose minor child receives aid under Section
11401.4. Whenever the county welfare department or the placing
agency determines that a court order would be advisable and
effective, pursuant to Section 17552 of the Family Code, the
department or the agency shall notify the local child support
agency, or the financial evaluation officer designated pursuant to
Section 903.45, who shall proceed pursuant to Section 903.4 or
903.45.

end delete

SEC. 23.  

Section 903.6 of the Welfare and Institutions Code
is repealed.

begin delete

903.6.  

Funds collected pursuant to Sections 903, 903.4, and
903.5 shall be distributed in the following manner:

(a) If the program through which the minor is placed is a
county-funded program, the county shall retain 100 percent of the
funds collected. For the purposes of this subdivision, programs
funded in whole or part with county justices system subvention
program funds shall be considered to be 100 percent county funded.

(b) If the program through which the minor is placed is funded
partially with state or federal funds, the amounts collected shall
be distributed by the State Department of Social Services pursuant
to Section 11457 and incentives shall be paid pursuant to Sections
15200.1, 15200.2, and 15200.3.

end delete

SEC. 24.  

Section 903.7 of the Welfare and Institutions Code
is repealed.

begin delete

903.7.  

(a) There is in the State Treasury the Foster Children
and Parent Training Fund. The moneys contained in the fund shall
be used exclusively for the purposes set forth in this section.

(b) For each fiscal year beginning with the 1981-82 fiscal year,
except as provided in Sections 15200.1, 15200.2, 15200.3, 15200.8,
and 15200.81, and Section 17704 of the Family Code, the
Department of Child Support Services shall determine the amount
equivalent to the net state share of foster care collections
attributable to the enforcement of parental fiscal liability pursuant
to Sections 903, 903.4, and 903.5. On July 1, 1982, and every three
months thereafter, the department shall notify the Chancellor of
the Community Colleges, the Department of Finance, and the
Superintendent of Public Instruction of the above-specified amount.
The Department of Child Support Services shall authorize the
quarterly transfer of any portion of this amount for any particular
fiscal year exceeding three million seven hundred fifty thousand
dollars ($3,750,000) of the net state share of foster care collections
to the Treasurer for deposit in the Foster Children and Parent
Training Fund, except that, commencing with the 2002-03 fiscal
year, a total of not more than three million dollars ($3,000,000)
may be transferred to the fund in any fiscal year.

(c) (1) If sufficient moneys are available in the Foster Children
and Parent Training Fund, up to three million dollars ($3,000,000)
shall be allocated for the support of foster parent training programs
conducted in community colleges. The maximum amount
authorized to be allocated pursuant to this subdivision shall be
adjusted annually by a cost-of-living increase each year based on
the percentage given to discretionary education programs. Funds
for the training program shall be provided in a separate budget
item in that portion of the Budget Act pertaining to the Chancellor
of the California Community Colleges, to be deposited in a separate
bank account by the Chancellor of the California Community
Colleges.

(2) The chancellor shall use these funds exclusively for foster
parent training, as specified by the chancellor in consultation with
the California State Foster Parents Association and the State
Department of Social Services.

(3) The plans for each foster parent training program shall
include the provision of training to facilitate the development of
foster family homes and small family homes to care for no more
than six children who have special mental, emotional,
developmental, or physical needs.

(4) The State Department of Social Services shall facilitate the
participation of county welfare departments in the foster parent
training program. The California State Foster Parents Association,
or the local chapters thereof, and the State Department of Social
Services shall identify training participants and shall advise the
chancellor on the form, content, and methodology of the training
program. Funds shall be paid monthly to the foster parent training
program until the maximum amount of funds authorized to be
expended for that program is expended. No more than 10 percent
or seventy-five thousand dollars ($75,000) of these moneys,
whichever is greater, shall be used for administrative purposes; of
the 10 percent or seventy-five thousand dollars ($75,000), no more
than ten thousand dollars ($10,000) shall be expended to reimburse
the State Department of Social Services for its services pursuant
to this paragraph.

(d) Beginning with the 1983-84 fiscal year, and each fiscal year
thereafter, after all allocations for foster parent training in
community colleges have been made, any moneys remaining in
the Foster Children and Parent Training Fund may be allocated
for foster children services programs pursuant to Chapter 11.3
(commencing with Section 42920) of Part 24 of the Education
Code.

(e) (1) The Controller shall transfer moneys from the Foster
Children and Parent Training Fund to the Chancellor of the
California Community Colleges and the Superintendent of Public
Instruction as necessary to fulfill the requirements of subdivisions
(c) and (d).

(2) After the maximum amount authorized in any fiscal year
has been transferred to the Chancellor of the California Community
Colleges and the Superintendent of Public Instruction, the
Controller shall transfer any remaining funds to the General Fund
for expenditure for any public purpose.

(f) This section shall be operative until June 30, 2005, and
thereafter is operative only if specified in the annual Budget Act
or in another statute.

end delete

SEC. 25.  

Section 904 of the Welfare and Institutions Code is
repealed.

begin delete

904.  

The monthly or daily charge, not to exceed cost, for care,
support, and maintenance of minor persons placed or detained in
or committed to any institution by order of a juvenile court, the
cost of delinquency-related legal services referred to by Section
903.1, the cost of probation supervision referred to by Section
903.2, and the cost of sealing records in county or local agency
custody referred to by Section 903.3 shall be determined by the
board of supervisors. The cost of dependency-related legal services
referred to by Section 903.1 and the cost of sealing records in court
custody referred to by Section 903.3 shall be determined by the
court. Any determination made by a court under this section shall
be valid only if either (1) made under procedures adopted by the
Judicial Council or (2) approved by the Judicial Council.

end delete

SEC. 26.  

Section 11325.24 of the Welfare and Institutions
Code is amended to read:

11325.24.  

(a) If, in the course of appraisal pursuant to Section
11325.2 or at any point during an individual’s participation in
welfare-to-work activities in accordance with paragraph (1) of
subdivision (a) of Section 11322.85, it is determined that a recipient
meets the criteria described in subdivision (b), the recipient is
eligible to participate in family stabilization.

(b) (1) A recipient is eligible to participate in family
stabilization if the county determines that his or her family is
experiencing an identified situation or crisis that is destabilizing
the family and would interfere with participation in welfare-to-work
activities and services.

(2) A situation or a crisis that is destabilizing the family in
accordance with paragraph (1) may include, but shall not be limited
to:

(A) Homelessness or imminent risk of homelessness.

(B) A lack of safety due to domestic violence.

(C) Untreated or undertreated behavioral needs, including mental
health or substance abuse-related needs.

begin insert

(D) A child in the family has been held in temporary custody in
a law enforcement facility pursuant to subdivision (d) of Section
207.1.

end insert

(c) Family stabilization shall include intensive case management
and services designed to support the family in overcoming the
situation or crisis, which may include, but are not limited to,
welfare-to-work activities.

(d) Funds allocated for family stabilization in accordance with
this section shall be in addition to, and independent of, the county
allocations made pursuant to Section 15204.2.

(e) Funds allocated for family stabilization in accordance with
this section, or the county allocations made pursuant to Section
15204.2, may be used to provide housing and other needed services
to a family during any month that a family is participating in family
stabilization.

(f) Each county shall submit to the department a plan, as defined
by the department, regarding how it intends to implement the
provisions of this section and shall report information to the
department, including, but not limited to, the number of recipients
served pursuant to this section, information regarding the services
provided, outcomes for the families served, and any lack of
availability of services. The department shall provide an update
regarding this information to the Legislature during the 2014-15
budget process.

(g) It is the intent of the Legislature that family stabilization be
a voluntary component intended to provide needed services and
constructive interventions for parents and to assist in barrier
removal for families facing very difficult needs. Participants in
family stabilization are encouraged to participate, but the
Legislature does not intend that parents be sanctioned as part of
their experience in this program component. The Legislature further
intends that recipients refusing or unable to follow their family
stabilization plans without good cause be returned to the traditional
welfare-to-work program.

SEC. 27.  

With regard to certain costs, to the extent that this
act has an overall effect of increasing the costs already borne by
a local agency for programs or levels of service mandated by the
2011 Realignment Legislation within the meaning of Section 36
of Article XIII of the California Constitution, it shall apply to local
agencies only to the extent that the state provides annual funding
for the cost increase. Any new program or higher level of service
provided by a local agency pursuant to this act above the level for
which funding has been provided shall not require a subvention
of funds by the state nor otherwise be subject to Section 6 of Article
XIII B of the California Constitution.

However, if the Commission on State Mandates determines that
this act contains other costs mandated by the state, reimbursement
to local agencies and school districts for those costs shall be made
pursuant to Part 7 (commencing with Section 17500) of Division
4 of Title 2 of the Government Code.