BILL NUMBER: SB 941 INTRODUCED
BILL TEXT
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. Notwithstanding Section 903.4 of the Welfare and
Institutions Code, in any In a 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 Sections 903, 903.1, 903.2,
903.3, and 903.45 Section 903.3 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. (a) 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 Sections 903, 903.1,
903.2, 903.3, and 903.45 Section 903.3 of the
Welfare and Institutions Code, or established by order of the
juvenile court.
(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.
(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.
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 adult 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, "Correctional
"correctional 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 is an adult, is required to
submit to testing testing, 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 paragraph (2).
paragraphs (2) and (3).
(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.
(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.
(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, and any amounts
due pursuant to Section 903.1 of the Welfare and Institutions Code
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. (a) 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.
(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.
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.
(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.
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.
(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.
(i)
( h) 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.
(j)
( i) 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.
(k)
( j) 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.
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.
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 pay under
Section 903.45. pay.
(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
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.
person be paid from the county treasury. 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 330 301 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.
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.
SEC. 14. Section 903 of the Welfare and Institutions Code is
repealed.
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.
SEC. 15. Section 903.1 of the Welfare and Institutions Code is
repealed.
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.
SEC. 16. Section 903.15 of the Welfare and Institutions Code is
repealed.
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.
SEC. 17. Section 903.2 of the Welfare and Institutions Code is
repealed.
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.
SEC. 18. Section 903.25 of the Welfare and Institutions Code is
repealed.
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.
SEC. 19. Section 903.4 of the Welfare and Institutions Code is
repealed.
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.
SEC. 20. Section 903.45 of the Welfare and Institutions Code is
repealed.
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.
SEC. 21. Section 903.47 of the Welfare and Institutions Code is
repealed.
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.
SEC. 22. Section 903.5 of the Welfare and Institutions Code is
repealed.
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.
SEC. 23. Section 903.6 of the Welfare and Institutions Code is
repealed.
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.
SEC. 24. Section 903.7 of the Welfare and Institutions Code is
repealed.
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.
SEC. 25. Section 904 of the Welfare and Institutions Code is
repealed.
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.
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.
(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.
(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.