BILL NUMBER: SB 1048 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 21, 2012
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 amended, 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 , at any time after a
petition has been filed, to join in a juvenile court proceeding
any governmental agency, private service provider ,
or individual, as specified, 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,
a minor who is the subject of a delinquency proceeding , a
nonminor person over whom the juvenile court has retained dependency
or delinquency jurisdiction, or a nonminor dependent, as defined
.
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) (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
(b) (1) To
facilitate coordination and cooperation among governmental
agencies or private service providers, or both
, the court may, at any time after a petition has been
filed, 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 a child for whom a
petition has been filed under Section 300 , to a nonminor, as
described in Section 303, or to a nonminor dependent, as defined in
subdivision (b) of Section 11400 , 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
.
(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 , nonminor, or
nonminor dependent 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.
(3) For the purposes of this subdivision, "agency" means any
governmental agency or any private service provider or individual
that receives federal, state, or local governmental funding or
reimbursement for providing services directly to a child, nonminor,
or nonminor dependent.
(b)
(c) 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)
(d) The juvenile court may direct any 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 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)
(e) If a child is adjudged a dependent child of the
court, the juvenile court may direct any 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 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) (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 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 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 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 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.
(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.
(3)
(2) 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.
(4)
(3) 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:
(A) The approved home of a relative or the approved home of a
nonrelative, extended family member, as defined in Section 362.7. 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.
(B) A suitable licensed community care facility.
(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.
(D) (i) Every child minor adjudged a
ward of the juvenile court who is residing in a placement as defined
in 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
minor 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 minor's age, maturity, and
developmental level.
(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)
(b) (1) To facilitate coordination and cooperation among agencies,
the court may, at any time after a petition has been filed, after
giving notice and an opportunity to be heard, join in the juvenile
court proceedings any agency that the court determines has failed to
meet a legal obligation to provide services to a minor, for whom a
petition has been filed under Section 601 or 602, to a nonminor, as
described in Section 303, or to a nonminor dependent, as defined in
subdivision (b) of Section 11400. In any proceeding in which an
agency is joined, the court shall not impose duties upon the agency
beyond those mandated by law. Nothing in this section shall prohibit
agencies that have received notice of the hearing on joinder from
meeting prior to the hearing to coordinate services.
(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 minor, nonminor, or nonminor
dependent 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 has complied with that chapter.
(3) For the purposes of this subdivision, "agency" means any
governmental agency or any private service provider or individual
that receives federal, state, or local governmental funding or
reimbursement for providing services directly to a child, nonminor,
or nonminor dependent.
(c) 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 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)
(d) The juvenile court may direct any 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), and (c) including orders to appear before a
county financial evaluation officer, 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.
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
minor .
(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.