BILL ANALYSIS
Senate Appropriations Committee Fiscal Summary
Senator Christine Kehoe, Chair
352 (Dutton)
Hearing Date: 05/18/2009 Amended: 04/30/2009
As proposed to be amended
Consultant: Jacqueline Wong-HernandezPolicy Vote: Human
Services 5-0
Public Safety 7-0
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BILL SUMMARY: SB 352 makes clarifying statutory changes related
to sharing information about delinquent wards of the juvenile
court placed in licensed community facilities. Specifically,
this bill:
1) Clarifies that sexual abuse is a reportable incident for
community care facilities.
2) Clarifies that runaway incidents are included in "all
incidents involving a response by local law enforcement,"
as specified.
3) Clarifies that known gang affiliation is included in
"dangerous behavior", for the purposes creating a case
plan, determining supervision, and notifying care
facilities, as specified.
4) Requires a probation officer making an out-of-county
placement of a juvenile ward of the court to, in addition
to the current requirement to notify the probation officer
of the receiving county, notify the community care facility
where the ward is being placed 24 hours prior to receiving
the ward. This bill specifies that the notification can be
made in writing, by fax, or electronically.
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Fiscal Impact (in thousands)
Major Provisions 2009-10 2010-11 2011-12 Fund
State Mandated Local Program minor and absorbable
General
County Probation
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STAFF COMMENTS: This bill primarily clarifies existing statue
and policy with regard to placing juveniles who are wards of the
court in community care facilities in another county.
Approximately 3,500 juveniles statewide are wards of the court
in out-of-county placements. Typically, they are placed
out-of-county because the care facilities in their county that
provide the specific services they may need do not have space
for them or do not exist in the county.
Existing law requires a probation officer who places a juvenile
in another county to notify the probation officer of the county
in which the community care facility is located, in writing, at
least 24 hours prior to receipt of the ward. This bill would
allow that notification to be made in writing, by fax, or
electronically. Allowing for electronic notification will likely
save time and very minor costs to county probation offices.
This bill would also require the probation officer to notify the
community care facility in which the ward will be placed.
Because the notification can be electronic, this could easily be
done by addressing an e-mail to both the receiving county
probation officer and the community care facility. It is
unlikely that this will become a reimbursable mandate. With
3,500 wards placed out-of-county statewide currently, less than
half that
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SB 352 (Dutton)
number are likely given a new out-of-county placement each year.
1,750 notifications would have to be duplicated in some form
statewide. This workload would be spread across numerous
counties, and not concentrated in larger counties, which are
often more likely to place wards within the county because they
have more placement options.
Staff notes that the Author's proposed amendment would change
the word "shall" to "may" on Page 8, line 37. This changes the
requirement on the county probation department of the receiving
county to report that placement and specified information about
the juvenile to local law enforcement. This amendment makes the
action permissive, rather than mandatory. This bill specifies
that law enforcement will keep that information confidential.