Amended in Senate August 18, 2014

Amended in Senate June 4, 2014

Amended in Senate April 29, 2014

Amended in Assembly April 29, 2013

Amended in Assembly March 19, 2013

California Legislature—2013–14 Regular Session

Assembly Bill No. 388

Introduced by Assembly Member Chesbro

February 15, 2013

An act to amend begin delete Sections 1534 and end delete begin insert Section end insert 1536 of, and to add Section 1538.7 to, the Health and Safety Code, and to amend Sections 241.1, 635, 636, 730.6, 4096.5, and 11469 of the Welfare and Institutions Code, relating to juveniles.

LEGISLATIVE COUNSEL’S DIGEST

AB 388, as amended, Chesbro. Juveniles.

(1) The California Community Care Facilities Act provides for the licensure and regulation of community care facilities, including foster family homes and group homes, by the State Department of Social Services. begin delete Existing law requires the department to conduct an annual unannounced visit of a facility under certain circumstances, including when an accusation against a licensee is pending. Existing law also requires reports on the results of each inspection, evaluation, or consultation to be kept on file in the department and to be open to public inspection. end delete

begin delete

This bill would include when a group home or other facility licensed to provide residential care to 6 or more minors has a specified occurrence of incidents in which law enforcement is called regarding an alleged violation of any law defining a crime, as specified, by a minor residing in the facility as a circumstance that requires the department to conduct an annual unannounced visit of a facility. The bill would require the division of the department with the reports on the results of an inspection prompted by that circumstance to provide the reports to the division of the department responsible for determining and auditing group home rate classification levels and to any other public agency that has certified the facility’s program or any component of the facility’s program.

end delete

Existing law requires the department director, at least annually, to publish and make available to interested persons a list covering all licensed community care facilities, except as specified, and the services for which each facility has been licensed or issued a special permit.

This bill would require that the list for begin delete each licensed community care facility that provides residential care for minors end delete begin insert a group home, transitional housing placement provider, community treatment facility, or runaway and homeless youth shelter end insert include specified information, including the number of licensing complaints and the number begin insert , types, and outcomes end insert of law enforcement contacts made by the facility staff or begin delete residents. end delete begin insert children. end insert

begin insert

This bill would require a group home, transitional housing placement provider, community treatment facility, or runaway and homeless youth shelter to report to the department’s Community Care Licensing Division upon the occurrence of any incident concerning a child in the facility involving contact with law enforcement. The bill would require the department to inspect a facility at least once a year if the department determines that a facility has reported a greater than average number of law enforcement contacts involving an alleged violation of specified crimes by a child residing in the facility.

end insert

(2) Existing law requires the county probation department and the child welfare services department to, pursuant to a jointly developed written protocol, initially determine which status will serve the best interest of a minor and the protection of society when the minor appears to come within the description of a dependent of the court and a ward of the court pursuant to specified provisions. Existing law requires the juvenile court to determine which status is appropriate for the minor after the recommendations of both departments are presented to the court.

This bill would begin delete require, end delete begin insert authorize, end insert if the alleged conduct that appears to bring the dependent minor within the description of a ward of the court occurs in, or under the supervision of, a foster home, group home, or other licensed facility that provides residential care for minors, the county probation department and the child welfare services department to consider, in making their determination and recommendation to the court, whether the alleged conduct was within the scope of behaviors to be managed or treated by the facility, as specified. The bill would also begin delete require the consideration of whether the alleged conduct was within the scope of behaviors to be managed or treated by the facility, end delete begin insert authorize, end insert among other things, begin insert a requirement for immediate notification of the child welfare service department and the minor’s dependency attorney upon referral of a dependent minor to probation, end insert to be included in the protocols developed by the county probation department and the child welfare services department. begin delete By imposing additional duties on local officials, the bill would create a state-mandated local program. end delete

(3) Existing law requires the court to determine whether a minor in custody pursuant to specified provisions shall be released from, or detained in, custody, considering, among other things, whether it is a matter of immediate and urgent necessity for the protection of the minor or reasonably necessary for the protection of the person or property of another that he or she be detained and whether continuance in the home is contrary to the minor’s welfare.

This bill would require that the court’s decision to detain, if a minor is a dependent of the court, not be based on the minor’s status as a dependent of the court or the child welfare services department’s inability to provide a placement for the minor. The bill would require, in certain circumstances, the court to order the child welfare services department to place the minor in another licensed or approved placement. By imposing additional duties on local officials, the bill would create a state-mandated local program.

(4) Existing law requires the department, in consultation with specified entities to develop performance standards and outcome measures for determining the effectiveness of the care and supervision provided by group homes under the Aid to Families with Dependent Children-Foster Care program.

This bill would require, by January 1, 2016, the department, in consultation with specified entities and persons, to develop additional performance standards and outcome measures that require group homes to implement programs and services to minimize law enforcement contacts and delinquency petition filings arising in group homes, as specified.

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, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.

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.  

It is the intent of the Legislature to reduce the
frequency of law enforcement involvement and delinquency
petitions arising from incidents at group homes and other facilities
licensed to provide residential care to dependent children.

begin delete

SEC. 2.  

Section 1534 of the Health and Safety Code is amended
to read:

1534.  

(a) (1) Every licensed community care facility shall be
subject to unannounced visits by the department. The department
shall visit these facilities as often as necessary to ensure the quality
of care provided.

(A) The department shall conduct an annual unannounced visit
to a facility under any of the following circumstances:

(i) When a license is on probation.

(ii) When the terms of agreement in a facility compliance plan
require an annual evaluation.

(iii) When an accusation against a licensee is pending.

(iv) When a facility requires an annual visit as a condition of
receiving federal financial participation.

(v) In order to verify that a person who has been ordered out of
a facility by the department is no longer at the facility.

(vi) When a group home, as defined in Section 1502, or other
facility licensed to provide residential care to six or more minors
has an average over a six-month period of more than one incident
per month, for every six minors for whom the facility is licensed
to provide care, in which law enforcement is called by facility staff
regarding an alleged violation of any law defining a crime, as
specified in subdivision (a) of Section 602 of the Welfare and
Institutions Code, by a minor residing in the facility.

(B) (i) The department shall conduct annual unannounced visits
to no less than 20 percent of facilities not subject to an evaluation
under subparagraph (A). These unannounced visits shall be
conducted based on a random sampling methodology developed
by the department.

(ii) If the total citations issued by the department exceed the
previous year’s total by 10 percent, the following year the
department shall increase the random sample by an additional 10
percent of the facilities not subject to an evaluation under
subparagraph (A). The department may request additional resources
to increase the random sample by 10 percent.

(C) Under no circumstance shall the department visit a
community care facility less often than once every five years.

(D) In order to facilitate direct contact with group home clients,
the department may interview children who are clients of group
homes at any public agency or private agency at which the client
may be found, including, but not limited to, a juvenile hall,
recreation or vocational program, or a nonpublic school. The
department shall respect the rights of the child while conducting
the interview, including informing the child that he or she has the
right not to be interviewed and the right to have another adult
present during the interview.

(2) The department shall notify the community care facility in
writing of all deficiencies in its compliance with the provisions of
this chapter and the rules and regulations adopted pursuant to this
chapter, and shall set a reasonable length of time for compliance
by the facility.

(3) (A) Reports on the results of each inspection, evaluation,
or consultation shall be kept on file in the department, and all
inspection reports, consultation reports, lists of deficiencies, and
plans of correction shall be open to public inspection.

(B) If an inspection is required pursuant to clause (vi) of
subparagraph (A) of paragraph (1), the division of the department
with the reports on the results of each inspection shall provide the
reports to the division of the department responsible for
determining and auditing group home rate classification levels and
to any other public agency that has certified the facility’s program
or any component of the facility’s program, including, but not
limited to, the State Department of Health Care Services, which
certifies group homes pursuant to Section 4096.5 of the Welfare
and Institutions Code.

(b) (1) This section shall not limit the authority of the
department to inspect or evaluate a licensed foster family agency,
a certified family home, or any aspect of a program in which a
licensed community care facility is certifying compliance with
licensing requirements.

(2) Upon a finding of noncompliance by the department, the
department may require a foster family agency to deny or revoke
the certificate of approval of a certified family home, or take other
action the department may deem necessary for the protection of a
child placed with the family home. The family home shall be
afforded the due process provided pursuant to this chapter.

(3) If the department requires a foster family agency to deny or
revoke the certificate of approval, the department shall serve an
order of denial or revocation upon the certified or prospective
foster parent and foster family agency that shall notify the certified
or prospective foster parent of the basis of the department’s action
and of the certified or prospective foster parent’s right to a hearing.

(4) Within 15 days after the department serves an order of denial
or revocation, the certified or prospective foster parent may file a
written appeal of the department’s decision with the department.
The department’s action shall be final if the certified or prospective
foster parent does not file a written appeal within 15 days after the
department serves the denial or revocation order.

(5) The department’s order of the denial or revocation of the
certificate of approval shall remain in effect until the hearing is
completed and the director has made a final determination on the
merits.

(6) A certified or prospective foster parent who files a written
appeal of the department’s order with the department pursuant to
this section shall, as part of the written request, provide his or her
current mailing address. The certified or prospective foster parent
shall subsequently notify the department in writing of any change
in mailing address, until the hearing process has been completed
or terminated.

(7) Hearings held pursuant to this section shall be conducted in
accordance with Chapter 5 (commencing with Section 11500) of
Part 1 of Division 3 of Title 2 of the Government Code. In all
proceedings conducted in accordance with this section, the standard
of proof shall be by a preponderance of the evidence.

(8) The department may institute or continue a disciplinary
proceeding against a certified or prospective foster parent upon
any ground provided by this section, enter an order denying or
revoking the certificate of approval, or otherwise take disciplinary
action against the certified or prospective foster parent,
notwithstanding any resignation, withdrawal of application,
surrender of the certificate of approval, or denial or revocation of
the certificate of approval by the foster family agency.

(9) A foster family agency’s failure to comply with the
department’s order to deny or revoke the certificate of employment
by placing or retaining children in care shall be grounds for
disciplining the licensee pursuant to Section 1550.

end delete

begin delete SEC. 3. end delete
begin insert SEC. 2. end insert   

Section 1536 of the Health and Safety Code is amended
to read:

1536.  

(a) (1) At least annually, the director shall publish and
make available to interested persons a list or lists covering all
licensed community care facilities, other than foster family homes
and certified family homes of foster family agencies providing
24-hour care for six or fewer foster children, and the services for
which each facility has been licensed or issued a special permit.

(2) For a begin delete licensed community care facility described in
paragraph (1) that provides residential care for minors, end delete begin insert group home,
transitional housing placement provider, community treatment
facility, or runaway and homeless youth shelter, end insert the list shall
include both of the following:

(A) The number of licensing complaints, types of complaint,
and outcomes of complaints, including citations, fines, exclusion
orders, license suspensions, revocations, and surrenders.

(B) The number begin insert , types, and outcomes end insert of law enforcement
contacts made by the facility staff or begin delete residents, the type of incident,
whether staff, residents, or both were involved, the gender, race,
ethnicity, and age of residents involved, and the outcomes,
including arrests, removals of residents from placement, and
termination or suspension of staff. end delete begin insert children, as reported pursuant
to subdivision (a) of Section 1538.7. end insert

(b) Subject to subdivision (c), to encourage the recruitment of
foster family homes and certified family homes of foster family
agencies, protect their personal privacy, and to preserve the security
and confidentiality of the placements in the homes, the names,
addresses, and other identifying information of facilities licensed
as foster family homes and certified family homes of foster family
agencies providing 24-hour care for six or fewer children shall be
considered personal information for purposes of the Information
Practices Act of 1977 (Chapter 1 (commencing with Section 1798)
of Title 1.8 of Part 4 of Division 3 of the Civil Code). This
information shall not be disclosed by any state or local agency
pursuant to the California Public Records Act (Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1 of the
Government Code), except as necessary for administering the
licensing program, facilitating the placement of children in these
facilities, and providing names and addresses only to bona fide
professional foster parent organizations upon request.

(c) Notwithstanding subdivision (b), the department, a county,
or a foster family agency may request information from, or divulge
information to, the department, a county, or a foster family agency,
regarding a prospective certified parent, foster parent, or relative
caregiver for the purpose of, and as necessary to, conduct a
reference check to determine whether it is safe and appropriate to
license, certify, or approve an applicant to be a certified parent,
foster parent, or relative caregiver.

(d) The department may issue a citation and, after the issuance
of that citation, may assess a civil penalty of fifty dollars ($50) per
day for each instance of a foster family agency’s failure to provide
the department with the information required by subdivision (h)
of Section 88061 of Title 22 of the California Code of Regulations.

(e) The Legislature encourages the department, when funds are
available for this purpose, to develop a database that would include
all of the following information:

(1) Monthly reports by a foster family agency regarding family
homes.

(2) A log of family homes certified and decertified, provided
by a foster family agency to the department.

(3) Notification by a foster family agency to the department
informing the department of a foster family agency’s determination
to decertify a certified family home due to any of the following
actions by the certified family parent:

(A) Violating licensing rules and regulations.

(B) Aiding, abetting, or permitting the violation of licensing
rules and regulations.

(C) Conducting oneself in a way that is inimical to the health,
morals, welfare, or safety of a child placed in that certified family
home.

(D) Being convicted of a crime while a certified family parent.

(E) Knowingly allowing any child to have illegal drugs or
alcohol.

(F) Committing an act of child abuse or neglect or an act of
violence against another person.

begin delete SEC. 4. end delete
begin insert SEC. 3. end insert   

Section 1538.7 is added to the Health and Safety Code,
to read:

1538.7.  

begin insert (a) end insert begin insert   end insert A group begin delete home or other facility licensed to provide
residential care to minors end delete begin insert home, transitional housing placement
provider, community treatment facility, or runaway and homeless
youth shelter end insert shall report to the department’s Community Care
Licensing Division upon the occurrence of any incident concerning
a begin delete resident end delete begin delete of end delete begin insert child in end insert the facility involving contact with law
enforcement. At least begin delete quarterly, end delete begin insert every six months, end insert the facility shall
provide a followup report for each begin delete incident involving law
enforcement, end delete begin insert incident, end insert including the type of incident, begin insert whether the
incident involved an alleged violation of any crime described in
Section 602 of the Welfare and Institutions Code by a child residing
in the facility; end insert whether staff, begin delete residents, end delete begin insert children, end insert or both were
begin delete involved, end delete begin insert involved; end insert the gender, race, ethnicity, and age of begin delete residents
involved, end delete begin insert children involved; end insert and the outcomes, including arrests,
removals of begin delete residents end delete begin insert children end insert from placement, begin delete and end delete begin insert or end insert termination
or suspension of staff.

begin insert

(b) (1) If the department determines that, based on the licensed
capacity, a facility has reported, pursuant to subdivision (a), a
greater than average number of law enforcement contacts involving
an alleged violation of any crime described in Section 602 of the
Welfare and Institutions Code by a child residing in the facility,
the department shall inspect the facility at least once a year.

end insert begin insert

(2) An inspection conducted pursuant to paragraph (1) does
not constitute an unannounced inspection required pursuant to
Section 1534.

end insert begin insert

(c) If an inspection is required pursuant to subdivision (b), the
Community Care Licensing Division shall provide the report to
the department’s Children and Family Services Division and to
any other public agency that has certified the facility’s program
or any component of the facility’s program including, but not
limited to, the State Department of Health Care Services, which
certifies group homes pursuant to Section 4096.5 of the Welfare
and Institutions Code.

end insert

begin delete SEC. 5. end delete
begin insert SEC. 4. end insert   

Section 241.1 of the Welfare and Institutions Code is
amended to read:

241.1.  

(a) Whenever a minor appears to come within the
description of both Section 300 and Section 601 or 602, the county
probation department and the child welfare services department
shall, pursuant to a jointly developed written protocol described
in subdivision (b), initially determine which status will serve the
best interests of the minor and the protection of society. The
recommendations of both departments shall be presented to the
juvenile court with the petition that is filed on behalf of the minor,
and the court shall determine which status is appropriate for the
minor. Any other juvenile court having jurisdiction over the minor
shall receive notice from the court, within five calendar days, of
the presentation of the recommendations of the departments. The
notice shall include the name of the judge to whom, or the
courtroom to which, the recommendations were presented.

(b) (1) The probation department and the child welfare services
department in each county shall jointly develop a written protocol
to ensure appropriate local coordination in the assessment of a
minor described in subdivision (a), and the development of
recommendations by these departments for consideration by the
juvenile court.

(2) These protocols shall require, but not be limited to,
consideration of the nature of the referral, the age of the minor,
the prior record of the minor’s parents for child abuse, the prior
record of the minor for out-of-control or delinquent behavior, the
parents’ cooperation with the minor’s school, the minor’s
functioning at school, the nature of the minor’s home environment,
and the records of other agencies that have been involved with the
minor and his or her family. The protocols also shall contain
provisions for resolution of disagreements between the probation
and child welfare services departments regarding the need for
dependency or ward status and provisions for determining the
circumstances under which filing a new petition is required to
change the minor’s status.

(3) (A)  begin delete For a minor who is a dependent of the court pursuant
to Section 300 and then appears to come within the description of
Section 601 or 602, the end delete begin insert These end insert protocols begin delete shall require, but not be
limited to, end delete begin insert may also require end insert immediate notification of the child
welfare services department and the minor’s dependency attorney
upon referral begin insert of a dependent minor end insert to probation, procedures for
release to, and placement by, the child welfare services department
pending resolution of the determination pursuant to this section,
timelines for dependents in secure custody to ensure timely
resolution of the determination pursuant to this section for detained
dependents, begin delete consideration of whether the alleged conduct occurred
in, or under the supervision of, a foster home, group home, or other
licensed residential facilities serving minors, and if so, whether
the alleged conduct is within the scope of behaviors identified in
the minor’s case plan, needs and services plan, placement
agreement, or the facility’s plan of operation, or the facility’s
emergency intervention plan as behavior to be managed or treated
by the home or facility, end delete and nondiscrimination provisions to ensure
that dependents are provided with any option that would otherwise
be available to a nondependent minor.

(B) If the alleged conduct that appears to bring begin delete the end delete begin insert a end insert dependent
minor within the description of Section 601 or 602 occurs in, or
under the supervision of, a foster home, group home, or other
licensed facility that provides residential care for minors, the county
probation department and the child welfare services department
begin delete shall end delete begin insert may end insert consider whether the alleged conduct was within the
scope of behaviors to be managed or treated by the foster home
or facility, as identified in the minor’s case plan, needs and services
plan, placement agreement, facility plan of operation, or facility
emergency intervention plan, in determining which status will
serve the best interests of the minor and the protection of society
pursuant to subdivision (a).

(4) The protocols shall contain the following processes:

(A) A process for determining which agency and court shall
supervise a child whose jurisdiction is modified from delinquency
jurisdiction to dependency jurisdiction pursuant to paragraph (2)
of subdivision (b) of Section 607.2 or subdivision (i) of Section
727.2.

(B) A process for determining which agency and court shall
supervise a nonminor dependent under the transition jurisdiction
of the juvenile court.

(C) A process that specifically addresses the manner in which
supervision responsibility is determined when a nonminor
dependent becomes subject to adult probation supervision.

(c) Whenever a minor who is under the jurisdiction of the
juvenile court of a county pursuant to Section 300, 601, or 602 is
alleged to come within the description of Section 300, 601, or 602
by another county, the county probation department or child
welfare services department in the county that has jurisdiction
under Section 300, 601, or 602 and the county probation
department or child welfare services department of the county
alleging the minor to be within one of those sections shall initially
determine which status will best serve the best interests of the
minor and the protection of society. The recommendations of both
departments shall be presented to the juvenile court in which the
petition is filed on behalf of the minor, and the court shall
determine which status is appropriate for the minor. In making
their recommendation to the juvenile court, the departments shall
conduct an assessment consistent with the requirements of
subdivision (b). Any other juvenile court having jurisdiction over
the minor shall receive notice from the court in which the petition
is filed within five calendar days of the presentation of the
recommendations of the departments. The notice shall include the
name of the judge to whom, or the courtroom to which, the
recommendations were presented.

(d) Except as provided in subdivision (e), this section shall not
authorize the filing of a petition or petitions, or the entry of an
order by the juvenile court, to make a minor simultaneously both
a dependent child and a ward of the court.

(e) Notwithstanding subdivision (d), the probation department
and the child welfare services department, in consultation with the
presiding judge of the juvenile court, in any county may create a
jointly written protocol to allow the county probation department
and the child welfare services department to jointly assess and
produce a recommendation that the child be designated as a dual
status child, allowing the child to be simultaneously a dependent
child and a ward of the court. This protocol shall be signed by the
chief probation officer, the director of the county social services
agency, and the presiding judge of the juvenile court prior to its
implementation. A juvenile court shall not order that a child is
simultaneously a dependent child and a ward of the court pursuant
to this subdivision unless and until the required protocol has been
created and entered into. This protocol shall include all of the
following:

(1) A description of the process to be used to determine whether
the child is eligible to be designated as a dual status child.

(2) A description of the procedure by which the probation
department and the child welfare services department will assess
the necessity for dual status for specified children and the process
to make joint recommendations for the court’s consideration prior
to making a determination under this section. These
recommendations shall ensure a seamless transition from wardship
to dependency jurisdiction, as appropriate, so that services to the
child are not disrupted upon termination of the wardship.

(3) A provision for ensuring communication between the judges
who hear petitions concerning children for whom dependency
jurisdiction has been suspended while they are within the
jurisdiction of the juvenile court pursuant to Section 601 or 602.
A judge may communicate by providing a copy of any reports
filed pursuant to Section 727.2 concerning a ward to a court that
has jurisdiction over dependency proceedings concerning the child.

(4) A plan to collect data in order to evaluate the protocol
pursuant to Section 241.2.

(5) Counties that exercise the option provided for in this
subdivision shall adopt either an “on-hold” system as described
in subparagraph (A) or a “lead court/lead agency” system as
described in subparagraph (B). There shall not be any simultaneous
or duplicative case management or services provided by both the
county probation department and the child welfare services
department. It is the intent of the Legislature that judges, in cases
in which more than one judge is involved, shall not issue
conflicting orders.

(A) In counties in which an on-hold system is adopted, the
dependency jurisdiction shall be suspended or put on hold while
the child is subject to jurisdiction as a ward of the court. When it
appears that termination of the court’s jurisdiction, as established
pursuant to Section 601 or 602, is likely and that reunification of
the child with his or her parent or guardian would be detrimental
to the child, the county probation department and the child welfare
services department shall jointly assess and produce a
recommendation for the court regarding whether the court’s
dependency jurisdiction shall be resumed.

(B) In counties in which a lead court/lead agency system is
adopted, the protocol shall include a method for identifying which
court or agency will be the lead court/lead agency. That court or
agency shall be responsible for case management, conducting
statutorily mandated court hearings, and submitting court reports.

(f) Whenever the court determines pursuant to this section or
Section 607.2 or 727.2 that it is necessary to modify the court’s
jurisdiction over a dependent or ward who was removed from his
or her parent or guardian and placed in foster care, the court shall
ensure that all of the following conditions are met:

(1) The petition under which jurisdiction was taken at the time
the dependent or ward was originally removed is not dismissed
until the new petition has been sustained.

(2) The order modifying the court’s jurisdiction contains all of
the following provisions:

(A) Reference to the original removal findings and a statement
that findings that continuation in the home is contrary to the child’s
welfare, and that reasonable efforts were made to prevent removal,
remain in effect.

(B) A statement that the child continues to be removed from
the parent or guardian from whom the child was removed under
the original petition.

(C) Identification of the agency that is responsible for placement
and care of the child based upon the modification of jurisdiction.

begin delete SEC. 6. end delete
begin insert SEC. 5. end insert   

Section 635 of the Welfare and Institutions Code is
amended to read:

635.  

(a) The court will examine the minor, his or her parent,
legal guardian, or other person having relevant knowledge, hear
relevant evidence the minor, his or her parent, legal guardian, or
counsel desires to present, and, unless it appears that the minor
has violated an order of the juvenile court or has escaped from the
commitment of the juvenile court or that it is a matter of immediate
and urgent necessity for the protection of the minor or reasonably
necessary for the protection of the person or property of another
that he or she be detained or that the minor is likely to flee to avoid
the jurisdiction of the court, the court shall make its order releasing
the minor from custody.

(b) (1) The circumstances and gravity of the alleged offense
may be considered, in conjunction with other factors, to determine
whether it is a matter of immediate and urgent necessity for the
protection of the minor or reasonably necessary for the protection
of the person or property of another that the minor be detained.

(2) If a minor is a dependent of the court pursuant to Section
300, the court’s decision to detain shall not be based on the minor’s
status as a dependent of the court or the child welfare services
department’s inability to provide a placement for the minor.

(c) (1) The court shall order release of the minor from custody
unless a prima facie showing has been made that the minor is a
person described in Section 601 or 602.

(2) If the court orders release of a minor who is a dependent of
the court pursuant to Section 300, the court shall order the child
welfare services department either to ensure that the minor’s current
foster parent or other caregiver takes physical custody of the minor
or to take physical custody of the minor and place the minor in a
licensed or approved placement.

(d) If the probation officer has reason to believe that the minor
is at risk of entering foster care placement as described in Section
11402, then the probation officer shall submit a written report to
the court containing all of the following:

(1) The reasons why the minor has been removed from the
parent’s custody.

(2) Any prior referrals for abuse or neglect of the minor or any
prior filings regarding the minor pursuant to Section 300.

(3) The need, if any, for continued detention.

(4) The available services that could facilitate the return of the
minor to the custody of the minor’s parents or guardians.

(5) Whether there are any relatives who are able and willing to
provide effective care and control over the minor.

begin delete SEC. 7. end delete
begin insert SEC. 6. end insert   

Section 636 of the Welfare and Institutions Code is
amended to read:

636.  

(a) If it appears upon the hearing that the minor has
violated an order of the juvenile court or has escaped from a
commitment of the juvenile court or that it is a matter of immediate
and urgent necessity for the protection of the minor or reasonably
necessary for the protection of the person or property of another
that he or she be detained or that the minor is likely to flee to avoid
the jurisdiction of the court, and that continuance in the home is
contrary to the minor’s welfare, the court may make its order that
the minor be detained in the juvenile hall or other suitable place
designated by the juvenile court for a period not to exceed 15
judicial days and shall enter the order together with its findings of
fact in support thereof in the records of the court. The
circumstances and gravity of the alleged offense may be
considered, in conjunction with other factors, to determine whether
it is a matter of immediate and urgent necessity for the protection
of the minor or the person or property of another that the minor
be detained. If a minor is a dependent of the court pursuant to
Section 300, the court’s decision to detain shall not be based on
the minor’s status as a dependent of the court or the child welfare
services department’s inability to provide a placement for the
minor.

(b) If the court finds that the criteria of Section 628.1 are
applicable, the court shall place the minor on home supervision
for a period not to exceed 15 judicial days, and shall enter the order
together with its findings of fact in support thereof in the records
of the court. If the court releases the minor on home supervision,
the court may continue, modify, or augment any conditions of
release previously imposed by the probation officer, or may impose
new conditions on a minor released for the first time. If there are
new or modified conditions, the minor shall be required to sign a
written promise to obey those conditions pursuant to Section 628.1.

(c) If the probation officer is recommending that the minor be
detained, the probation officer shall submit to the court
documentation, as follows:

(1) Documentation that continuance in the home is contrary to
the minor’s welfare shall be submitted to the court as part of the
detention report prepared pursuant to Section 635.

(2) Documentation that reasonable efforts were made to prevent
or eliminate the need for removal of the minor from the home and
documentation of the nature and results of the services provided
shall be submitted to the court either as part of the detention report
prepared pursuant to Section 635, or as part of a case plan prepared
pursuant to Section 636.1, but in no case later than 60 days from
the date of detention.

(d) Except as provided in subdivision (e), before detaining the
minor, the court shall determine whether continuance in the home
is contrary to the minor’s welfare and whether there are available
services that would prevent the need for further detention. The
court shall make that determination on a case-by-case basis and
shall make reference to the documentation provided by the
probation officer or other evidence relied upon in reaching its
decision.

(1) If the minor can be returned to the custody of his or her
parent or legal guardian at the detention hearing, through the
provision of services to prevent removal, the court shall release
the minor to the physical custody of his or her parent or legal
guardian and order that those services be provided.

(2) If the minor cannot be returned to the custody of his or her
parent or legal guardian at the detention hearing, the court shall
state the facts upon which the detention is based. The court shall
make the following findings on the record and reference the
probation officer’s report or other evidence relied upon to make
its determinations:

(A) Whether continuance in the home of the parent or legal
guardian is contrary to the minor’s welfare.

(B) Whether reasonable efforts have been made to safely
maintain the minor in the home of his or her parent or legal
guardian and to prevent or eliminate the need for removal of the
minor from his or her home. This finding shall be made at the
detention hearing if possible, but in no case later than 60 days
following the minor’s removal from the home.

(3) If the minor cannot be returned to the custody of his or her
parent or legal guardian at the detention hearing, the court shall
make the following orders:

(A) The probation officer shall provide services as soon as
possible to enable the minor’s parent or legal guardian to obtain
any assistance as may be needed to enable the parent or guardian
to effectively provide the care and control necessary for the minor
to return to the home.

(B) The minor’s placement and care shall be the responsibility
of the probation department pending disposition or further order
of the court.

(4) If the matter is set for rehearing pursuant to Section 637, or
continued pursuant to Section 638, or continued for any other
reason, the court shall find that the continuance of the minor in
the parent’s or guardian’s home is contrary to the minor’s welfare
at the initial petition hearing or order the release of the minor from
custody.

(e) For a minor who is a dependent of the court pursuant to
Section 300, the court’s decision to detain the minor shall not be
based on a finding that continuance in the minor’s current
placement is contrary to the minor’s welfare. If the court determines
that continuance in the minor’s current placement is contrary to
the minor’s welfare, the court shall order the child welfare services
department to place the minor in another licensed or approved
placement.

(f) Whether the minor is returned home or detained, the court
shall order the minor’s parent or guardian to cooperate with the
probation officer in obtaining those services described in paragraph
(1) of, or in subparagraph (A) of paragraph (3) of, subdivision (d).

begin delete SEC. 8. end delete
begin insert SEC. 7. end insert   

Section 730.6 of the Welfare and Institutions Code is
amended to read:

730.6.  

(a) (1) It is the intent of the Legislature that a victim
of conduct for which a minor is found to be a person described in
Section 602 who incurs any economic loss as a result of the minor’s
conduct shall receive restitution directly from that minor.

(2) Upon a minor being found to be a person described in
Section 602, the court shall consider levying a fine in accordance
with Section 730.5. In addition, the court shall order the minor to
pay, in addition to any other penalty provided or imposed under
the law, both of the following:

(A) A restitution fine in accordance with subdivision (b).

(B) Restitution to the victim or victims, if any, in accordance
with subdivision (h).

(b) If a minor is found to be a person described in Section 602,
the court shall impose a separate and additional restitution fine.
The restitution fine shall be set at the discretion of the court and
commensurate with the seriousness of the offense as follows:

(1) If the minor is found to be a person described in Section 602
by reason of the commission of one or more felony offenses, the
restitution fine shall not be less than one hundred dollars ($100)
and not more than one thousand dollars ($1,000). A separate
hearing for the fine shall not be required.

(2) If the minor is found to be a person described in Section 602
by reason of the commission of one or more misdemeanor offenses,
the restitution fine shall not exceed one hundred dollars ($100). A
separate hearing for the fine shall not be required.

(c) The restitution fine shall be in addition to any other
disposition or fine imposed and shall be imposed regardless of the
minor’s inability to pay. This fine shall be deposited in the
Restitution Fund.

(d) (1) In setting the amount of the fine pursuant to
subparagraph (A) of paragraph (2) of subdivision (a), the court
shall consider any relevant factors including, but not limited to,
the minor’s ability to pay, the seriousness and gravity of the offense
and the circumstances of its commission, any economic gain
derived by the minor as a result of the offense, and the extent to
which others suffered losses as a result of the offense. The losses
may include pecuniary losses to the victim or his or her dependents
as well as intangible losses such as psychological harm caused by
the offense.

(2) The consideration of a minor’s ability to pay may include
his or her future earning capacity. A minor shall bear the burden
of demonstrating a lack of his or her ability to pay.

(e) Express findings of the court as to the factors bearing on the
amount of the fine shall not be required.

(f) Except as provided in subdivision (g), under no circumstances
shall the court fail to impose the separate and additional restitution
fine required by subparagraph (A) of paragraph (2) of subdivision
(a). This fine shall not be subject to penalty assessments pursuant
to Section 1464 of the Penal Code.

(g) (1) In a case in which the minor is a person described in
Section 602 by reason of having committed a felony offense, if
the court finds that there are compelling and extraordinary reasons,
the court may waive imposition of the restitution fine required by
subparagraph (A) of paragraph (2) of subdivision (a). When a
waiver is granted, the court shall state on the record all reasons
supporting the waiver.

(2) If the minor is a person described in begin delete paragraph (2) of end delete
subdivision (a) of Section 241.1, the court shall waive imposition
of the restitution fine required by subparagraph (A) of paragraph
(2) of subdivision (a).

(h) (1) Restitution ordered pursuant to subparagraph (B) of
paragraph (2) of subdivision (a) shall be imposed in the amount
of the losses, as determined. If the amount of loss cannot be
ascertained at the time of sentencing, the restitution order shall
include a provision that the amount shall be determined at the
direction of the court at any time during the term of the
commitment or probation. The court shall order full restitution
unless it finds compelling and extraordinary reasons for not doing
so, and states them on the record. A minor’s inability to pay shall
not be considered a compelling or extraordinary reason not to
impose a restitution order, nor shall inability to pay be a
consideration in determining the amount of the restitution order.
A restitution order pursuant to subparagraph (B) of paragraph (2)
of subdivision (a), to the extent possible, shall identify each victim,
unless the court for good cause finds that the order should not
identify a victim or victims, and the amount of each victim’s loss
to which it pertains, and shall be of a dollar amount sufficient to
fully reimburse the victim or victims for all determined economic
losses incurred as the result of the minor’s conduct for which the
minor was found to be a person described in Section 602, including
all of the following:

(A) Full or partial payment for the value of stolen or damaged
property. The value of stolen or damaged property shall be the
replacement cost of like property, or the actual cost of repairing
the property when repair is possible.

(B) Medical expenses.

(C) Wages or profits lost due to injury incurred by the victim,
and if the victim is a minor, wages or profits lost by the minor’s
parent, parents, guardian, or guardians, while caring for the injured
minor. Lost wages shall include any commission income as well
as any base wages. Commission income shall be established by
evidence of commission income during the 12-month period prior
to the date of the crime for which restitution is being ordered,
unless good cause for a shorter time period is shown.

(D) Wages or profits lost by the victim, and if the victim is a
minor, wages or profits lost by the minor’s parent, parents,
guardian, or guardians, due to time spent as a witness or in assisting
the police or prosecution. Lost wages shall include any commission
income as well as any base wages. Commission income shall be
established by evidence of commission income during the
12-month period prior to the date of the crime for which restitution
is being ordered, unless good cause for a shorter time period is
shown.

(2) A minor shall have the right to a hearing before a judge to
dispute the determination of the amount of restitution. The court
may modify the amount on its own motion or on the motion of the
district attorney, the victim or victims, or the minor. If a motion
is made for modification of a restitution order, the victim shall be
notified of that motion at least 10 days prior to the hearing on the
motion. When the amount of victim restitution is not known at the
time of disposition, the court order shall identify the victim or
victims, unless the court finds for good cause that the order should
not identify a victim or victims, and state that the amount of
restitution for each victim is to be determined. When feasible, the
court shall also identify on the court order, any cooffenders who
are jointly and severally liable for victim restitution.

(i) A restitution order imposed pursuant to subparagraph (B) of
paragraph (2) of subdivision (a) shall identify the losses to which
it pertains, and shall be enforceable as a civil judgment pursuant
to subdivision (r). The making of a restitution order pursuant to
this subdivision shall not affect the right of a victim to recovery
from the Restitution Fund in the manner provided elsewhere, except
to the extent that restitution is actually collected pursuant to the
order. Restitution collected pursuant to this subdivision shall be
credited to any other judgments for the same losses obtained against
the minor or the minor’s parent or guardian arising out of the
offense for which the minor was found to be a person described
in Section 602. Restitution imposed shall be ordered to be made
to the Restitution Fund to the extent that the victim, as defined in
subdivision (j), has received assistance from the Victims of Crime
Program pursuant to Article 5 (commencing with Section 13959)
of Chapter 5 of Part 4 of Division 3 of Title 2 of the Government
Code.

(j) For purposes of this section, “victim” shall include:

(1)  The immediate surviving family of the actual victim.

(2) Any governmental entity that is responsible for repairing,
replacing, or restoring public or privately owned property that has
been defaced with graffiti or other inscribed material, as defined
in subdivision (e) of Section 594 of the Penal Code, and that has
sustained an economic loss as the result of a violation of Section
594, 594.3, 594.4, 640.5, 640.6, or 640.7 of the Penal Code.

(k) This section shall not prevent a court from ordering
restitution to any corporation, business trust, estate, trust,
partnership, association, joint venture, government, governmental
subdivision, agency, or instrumentality, or any other legal or
commercial entity when that entity is a direct victim of an offense.
If the direct victim is a group home or other facility licensed to
provide residential care in which the minor was placed as a
dependent or ward of the court, or an employee thereof, restitution
shall be limited to out-of-pocket expenses that are not covered by
insurance and that are paid by the facility or employee.

(l) Upon a minor being found to be a person described in Section
602, the court shall require, as a condition of probation, the
payment of restitution fines and orders imposed under this section.
Any portion of a restitution order that remains unsatisfied after a
minor is no longer on probation shall continue to be enforceable
by a victim pursuant to subdivision (r) until the obligation is
satisfied in full.

(m) Probation shall not be revoked for failure of a person to
make restitution pursuant to this section as a condition of probation
unless the court determines that the person has willfully failed to
pay or failed to make sufficient bona fide efforts to legally acquire
the resources to pay.

(n) If the court finds and states on the record compelling and
extraordinary reasons why restitution should not be required as
provided in paragraph (2) of subdivision (a), the court shall order,
as a condition of probation, that the minor perform specified
community service.

(o) The court may avoid ordering community service as a
condition of probation only if it finds and states on the record
compelling and extraordinary reasons not to order community
service in addition to the finding that restitution pursuant to
paragraph (2) of subdivision (a) should not be required.

(p) When a minor is committed to the Department of the Youth
Authority, the court shall order restitution to be paid to the victim
or victims, if any. Payment of restitution to the victim or victims
pursuant to this subdivision shall take priority in time over payment
of any other restitution fine imposed pursuant to this section.

(q) At its discretion, the board of supervisors of any county may
impose a fee to cover the actual administrative cost of collecting
the restitution fine, not to exceed 10 percent of the amount ordered
to be paid, to be added to the restitution fine and included in the
order of the court, the proceeds of which shall be deposited in the
general fund of the county.

(r) If the judgment is for a restitution fine ordered pursuant to
subparagraph (A) of paragraph (2) of subdivision (a), or a
restitution order imposed pursuant to subparagraph (B) of
paragraph (2) of subdivision (a), the judgment may be enforced
in the manner provided in Section 1214 of the Penal Code.

begin delete SEC. 9. end delete
begin insert SEC. 8. end insert   

Section 4096.5 of the Welfare and Institutions Code
is amended to read:

4096.5.  

(a) The State Department of Health Care Services
shall make a determination, within 45 days of receiving a request
from a group home to be classified at RCL 13 or RCL 14 pursuant
to Section 11462.01, to certify or deny certification that the group
home program includes provisions for mental health treatment
services that meet the needs of seriously emotionally disturbed
children. The department shall issue each certification for a period
of one year and shall specify the effective date the program met
the certification requirements. A program may be recertified if the
program continues to meet the criteria for certification.

(b) The State Department of Health Care Services shall, in
consultation with the California Mental Health Directors
Association and representatives of provider organizations, develop
the criteria for the certification required by subdivision (a) by July
1, 1992.

(c) (1) The State Department of Health Care Services may,
upon the request of a county, delegate to that county the
certification task.

(2) Any county to which the certification task is delegated
pursuant to paragraph (1) shall use the criteria and format
developed by the department.

(d) The State Department of Health Care Services or delegated
county shall notify the State Department of Social Services
Community Care Licensing Division immediately upon the
termination of any certification issued in accordance with
subdivision (a).

(e) Upon receipt of notification from the State Department of
Social Services Community Care Licensing Division of any adverse
licensing action taken after the finding of noncompliance during
an begin delete unannounced visit end delete begin insert inspection end insert conducted pursuant to Section
begin delete 1534 end delete begin insert 1538.7 end insert of the Health and Safety Code, the State Department
of Health Care Services or the delegated county shall review the
certification issued pursuant to this section.

begin delete SEC. 10. end delete
begin insert SEC. 9. end insert   

Section 11469 of the Welfare and Institutions Code is
amended to read:

11469.  

(a) The department, in consultation with group home
providers, the County Welfare Directors Association, the Chief
Probation Officers of California, the California Mental Health
Directors Association, and the State Department of Health Care
Services, shall develop performance standards and outcome
measures for determining the effectiveness of the care and
supervision, as defined in subdivision (b) of Section 11460,
provided by group homes under the AFDC-FC program pursuant
to Sections 11460 and 11462. These standards shall be designed
to measure group home program performance for the client group
that the group home program is designed to serve.

(1) The performance standards and outcome measures shall be
designed to measure the performance of group home programs in
areas over which the programs have some degree of influence, and
in other areas of measurable program performance that the
department can demonstrate are areas over which group home
programs have meaningful managerial or administrative influence.

(2) These standards and outcome measures shall include, but
are not limited to, the effectiveness of services provided by each
group home program, and the extent to which the services provided
by the group home assist in obtaining the child welfare case plan
objectives for the child.

(3) In addition, when the group home provider has identified
as part of its program for licensing, ratesetting, or county placement
purposes, or has included as a part of a child’s case plan by mutual
agreement between the group home and the placing agency,
specific mental health, education, medical, and other child-related
services, the performance standards and outcome measures may
also measure the effectiveness of those services.

(b) Regulations regarding the implementation of the group home
performance standards system required by this section shall be
adopted no later than one year prior to implementation. The
regulations shall specify both the performance standards system
and the manner by which the AFDC-FC rate of a group home
program shall be adjusted if performance standards are not met.

(c) Except as provided in subdivision (d), effective July 1, 1995,
group home performance standards shall be implemented. Any
group home program not meeting the performance standards shall
have its AFDC-FC rate, set pursuant to Section 11462, adjusted
according to the regulations required by this section.

(d) Effective July 1, 1995, group home programs shall be
classified at rate classification level 13 or 14 only if all of the
following are met:

(1) The program generates the requisite number of points for
rate classification level 13 or 14.

(2) The program only accepts children with special treatment
needs as determined through the assessment process pursuant to
paragraph (2) of subdivision (a) of Section 11462.01.

(3) The program meets the performance standards designed
pursuant to this section.

(e) Notwithstanding subdivision (c), the group home program
performance standards system shall not be implemented prior to
the implementation of the AFDC-FC performance standards
system.

(f) By January 1, 2016, the department, in consultation with the
County Welfare Directors Association, the Chief Probation Officers
of California, the California Mental Health Directors Association,
research entities, foster youth and advocates for foster youth, foster
care provider business entities organized and operated on a
nonprofit basis, Indian tribes, and other stakeholders, shall develop
additional performance standards and outcome measures that
require group homes to implement programs and services to
minimize law enforcement contacts and delinquency petition filings
arising from incidents of allegedly unlawful behavior by minors
occurring in group homes or under the supervision of group home
staff, including individualized behavior management programs,
emergency intervention plans, and conflict resolution processes.

begin delete SEC. 11. end delete
begin insert SEC. 10. end insert   

If the Commission on State Mandates determines that
this act contains 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.