BILL NUMBER: SB 1048 INTRODUCED
BILL TEXT
INTRODUCED BY Senator Liu
FEBRUARY 7, 2012
An act to amend Sections 362 and 727 of the Welfare and
Institutions Code, relating to juveniles.
LEGISLATIVE COUNSEL'S DIGEST
SB 1048, as introduced, Liu. Juveniles.
Existing law authorizes the juvenile court to join in a juvenile
court proceeding any governmental agency or private service provider
that the court determines has failed to meet a legal obligation to
provide services to a child who is the subject of a dependency
proceeding, and to join any governmental agency the court determines
has failed to meet a legal obligation to provide services to a minor
who is the subject of a delinquency proceeding.
This bill would authorize the court to join in a juvenile court
proceeding any private service provider that the court determines has
failed to meet a legal obligation to provide services to a minor who
is the subject of a delinquency proceeding.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 362 of the Welfare and Institutions Code is
amended to read:
362. (a) When (1)
If a child is adjudged a dependent child of the court on the
ground that the child is a person described by Section 300, the court
may make any and all reasonable orders for the care, supervision,
custody, conduct, maintenance, and support of the child, including
medical treatment, subject to further order of the court. To
facilitate coordination and cooperation among government
governmental agencies or private service
providers, or both, the court may, after giving notice and an
opportunity to be heard, join in the juvenile court proceedings any
agency or private service provider that the court determines has
failed to meet a legal obligation to provide services to the
child a child for whom a petition has been filed
under Section 300, regardless of the status of the adjudication
. In any proceeding in which an agency or private service provider
is joined, the court shall not impose duties upon the agency or
private service provider beyond those mandated by law. Nothing in
this section shall prohibit agencies or private service providers
that have received notice of the hearing on joinder from meeting
prior to the hearing to coordinate services for the child.
The
(2) The court has no authority to
order services unless it has been determined through the
administrative process of an agency that has been joined as a party,
that the child is eligible for those services. With respect to mental
health assessment, treatment, and case management services pursuant
to Chapter 26.5 (commencing with Section 7570) of Division 7 of Title
1 of the Government Code, the court's determination shall be limited
to whether the agency or private service provider has complied with
that chapter.
(b) When If a child is
adjudged a dependent child of the court, on the ground that the child
is a person described by Section 300 , and the court
orders that a parent or guardian shall retain custody of the child
subject to the supervision of the social worker, the parents or
guardians shall be required to participate in child welfare services
or services provided by an appropriate agency designated by the
court.
(c) The juvenile court may direct any and all
reasonable orders to the parents or guardians of the child who is the
subject of any proceedings under this chapter as the court deems
necessary and proper to carry out the provisions of
this section, including orders to appear before a county
financial evaluation officer. That order may include a direction to
participate in a counseling or education program, including, but not
limited to, a parent education and parenting program operated by a
community college, school district, or other appropriate agency
designated by the court. A foster parent or relative with whom the
child is placed may be directed to participate in such a program in
cases in which the court deems participation is appropriate and in
the child's best interest. The program in which a parent or guardian
is required to participate shall be designed to eliminate those
conditions that led to the court's finding that the child is a person
described by Section 300.
(d) When If a child is adjudged a
dependent child of the court, the juvenile court may direct any
and all reasonable orders to the parents or
guardians of the child who is the subject of any proceedings under
this chapter , to ensure the child's regular
school attendance and to make reasonable efforts to obtain
educational services necessary to meet the specific needs of the
child.
(e) "Private service provider" means any agency or individual that
receives federal, state, or local government
governmental funding or reimbursement for providing services
directly to foster children.
SEC. 2. Section 727 of the Welfare and Institutions Code is
amended to read:
727. (a) When (1)
If a minor is adjudged a ward of the court on the ground that
he or she is a person described by Section 601 or 602, the court may
make any and all reasonable orders for the care,
supervision, custody, conduct, maintenance, and support of the minor,
including medical treatment, subject to further order of the court.
To facilitate coordination and cooperation among governmental
agencies or private service providers, or both , the court
may, after giving notice and an opportunity to be heard, join in the
juvenile court proceedings any agency or private service
provider that the court determines has failed to meet a legal
obligation to provide services to the minor a
minor for whom a petition has been filed under Section 601 or 602,
regardless of the status of the adjudication . However, no
governmental agency or private service provider shall be
joined as a party in a juvenile court proceeding in which a minor has
been ordered committed to the Department of the Youth
Authority Corrections and Rehabilitation, Division of
Juvenile Facilities . In any proceeding in which an agency
or private service provider is joined, the court shall not
impose duties upon the agency or private service provider
beyond those mandated by law. Nothing in this section shall prohibit
agencies which or private service providers
that have received notice of the hearing on joinder from
meeting prior to the hearing to coordinate services for the minor.
The
(2) The court has no authority to
order services unless it has been determined through the
administrative process of an agency or private service provider
that has been joined as a party, that the minor is eligible for
those services. With respect to mental health assessment, treatment,
and case management services pursuant to Chapter 26.5 (commencing
with Section 7570) of Division 7 of Title 1 of the Government Code,
the court's determination shall be limited to whether the agency
or private service provider has complied with that chapter.
In
(3) In the discretion of the
court, a ward may be ordered to be on probation without supervision
of the probation officer. The court, in so ordering, may impose on
the ward any and all reasonable conditions of behavior as may be
appropriate under this disposition. A minor who has been adjudged a
ward of the court on the basis of the commission of any of the
offenses described in subdivision (b) or paragraph (2) of subdivision
(d) of Section 707, Section 459 of the Penal Code, or subdivision
(a) of Section 11350 of the Health and Safety Code, shall not be
eligible for probation without supervision of the probation officer.
A minor who has been adjudged a ward of the court on the basis of the
commission of any offense involving the sale or possession for sale
of a controlled substance, except misdemeanor offenses involving
marijuana, as specified in Chapter 2 (commencing with Section 11053)
of Division 10 of the Health and Safety Code, or of an offense in
violation of Section 32625 of the Penal Code, shall be eligible for
probation without supervision of the probation officer only when the
court determines that the interests of justice would best be served
and states reasons on the record for that determination.
In
(4) In all other cases, the court
shall order the care, custody, and control of the minor to be under
the supervision of the probation officer who may place the minor in
any of the following:
(1)
(A) The approved home of a relative ,
or the approved home of a nonrelative, extended family
member , as defined in Section 362.7. When
If a decision has been made to place the minor
in the home of a relative, the court may authorize the relative to
give legal consent for the minor's medical, surgical, and dental care
and education as if the relative caretaker were the custodial parent
of the minor.
(2)
(B) A suitable licensed community care facility.
(3)
(C) With a foster family agency to be placed in a
suitable licensed foster family home or certified family home which
has been certified by the agency as meeting licensing standards.
(4) (A)
(D) (i) Every child adjudged a
ward of the juvenile court who is residing in a placement as defined
in paragraphs (1) to (3) subparagraphs (A) to
(C) , inclusive, shall be entitled to participate in
age-appropriate extracurricular, enrichment, and social activities.
No state or local regulation or policy may prevent, or create
barriers to, participation in those activities. Each state and local
entity shall ensure that private agencies that provide foster care
services to wards have policies consistent with this section and that
those agencies promote and protect the ability of wards to
participate in age-appropriate extracurricular, enrichment, and
social activities. A group home administrator, a facility manager, or
his or her responsible designee, and a caregiver, as defined in
paragraph (1) of subdivision (a) of Section 362.04, shall use a
reasonable and prudent parent standard, as defined in paragraph (2)
of subdivision (a) of Section 362.04, in determining whether to give
permission for a child residing in foster care to participate in
extracurricular, enrichment, and social activities. A group home
administrator, a facility manager, or his or her responsible
designee, and a caregiver shall take reasonable steps to determine
the appropriateness of the activity taking into consideration the
child's age, maturity, and developmental level.
(B)
(ii) A group home administrator or a facility manager,
or his or her responsible designee, is encouraged to consult with
social work or treatment staff members who are most familiar with the
child at the group home in applying and using the reasonable and
prudent parent standard.
(b) When If a minor has been
adjudged a ward of the court on the ground that he or she is a person
described in Section 601 or 602 , and the court finds
that notice has been given in accordance with Section 661, and
when if the court orders that a parent
or guardian shall retain custody of that minor either subject to or
without the supervision of the probation officer, the parent or
guardian may be required to participate with that minor in a
counseling or education program including, but not limited to, parent
education and parenting programs operated by community colleges,
school districts, or other appropriate agencies designated by the
court.
(c) The juvenile court may direct any and all
reasonable orders to the parents and guardians of the minor who is
the subject of any proceedings under this chapter as the court deems
necessary and proper to carry out subdivisions (a) and (b), including
orders to appear before a county financial evaluation officer
and orders directing the parents or guardians
, to ensure the minor's regular school attendance ,
and to make reasonable efforts to obtain appropriate educational
services necessary to meet the needs of the minor.
When
If counseling or other treatment services are ordered
for the minor, the parent, guardian, or foster parent shall be
ordered to participate in those services, unless participation by the
parent, guardian, or foster parent is deemed by the court to be
inappropriate or potentially detrimental to the child.
(d) "Private service provider" means any agency or individual that
receives federal, state, or local governmental funding or
reimbursement for providing services directly to delinquent children.