BILL ANALYSIS �
AB 388
Page 1
CONCURRENCE IN SENATE AMENDMENTS
AB 388 (Chesbro)
As Amended August 18, 2014
Majority vote
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|ASSEMBLY: | |(May 6, 2013) |SENATE: |34-0 |(August 19, |
| | | | | |2014) |
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(vote not relevant)
Original Committee Reference: HIGHER ED.
SUMMARY : Specify that dependent wards of the juvenile court are
not unnecessarily subject to detention or other sanctions
because of that status.
The Senate amendments delete the Assembly version of the bill,
and instead:
1)Provide additional specified protocols between probation and
child welfare services concerning minors who are subject to
both delinquency and dependency proceedings.
2)Take into consideration the circumstances of conduct that
occurs in a group home in determining whether dependency or
delinquency status would best serve the interests of the minor
and society.
3)Provide that detention decisions shall not be based on
dependency status or placement issues.
4)Require that social services be ordered to ensure foster
parents or other caregivers for a dependent ward who is
ordered released take physical custody of the minor, or ensure
the minor is placed appropriately.
5)Provide that if a minor is a dependent ward of the court, 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.
6)Provide that a decision to detain a child cannot be based on
status as a dependent ward or the inability of welfare
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services to provide a placement for the minor.
7)Provide that the court's decision to detain a minor who is a
dependent ward of the court shall not be based on a finding
that continuance in the minor's current placement is contrary
to the minor's welfare, and if it is, require the court to
order the child welfare services department to place the minor
into another licensed or approved placement.
8)Require the court to waive a restitution fine of a dependent
minor for conduct occurring under the supervision of a foster
home, group home, or other licensed facility that provides
residential care for minors, and additionally provide that if
the victim is a group home or licensed residential facility in
which the minor was placed, or an employee the facility,
restitution shall be limited to out-of-pocket expenses that
are not covered by insurance and are paid by the facility or
employee.
9)Additionally makes a number of changes relating to group homes
and licensed residential facilities which provide placements
for dependent children, as specified.
EXISTING LAW :
1)Requires county child welfare departments and county probation
departments to jointly develop a written protocol regarding
minors who appear to come within both dependency jurisdiction,
pursuant to Welfare and Institutions Code Section (WIC) 300 et
seq., and delinquency jurisdiction, pursuant to WIC Section
600 et seq. (WIC Section 241.1)
2)Requires the county welfare and county probation departments,
pursuant to the joint protocol, to make a recommendation to
the court regarding which initial status of a minor who
appears to come within both dependency and delinquency
jurisdiction would best serve the interests of the minor and
the protection of society. (WIC Section 241.1)
3)Provides for the temporary custody and detention of minors in
specified circumstances, and provides for the court to make
its order releasing the minor from custody after hearing
relevant evidence, as specified. (WIC Section 635.)
4)Provides that if "the probation officer has reason to believe
that the minor is at-risk of entering foster care placement as
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defined by [WIC] Section 11402, then the probation officer
shall submit a written report to the court containing all of
the following: the reasons why the minor has been removed from
the parent's custody; any prior referrals for abuse or neglect
of the minor or any prior filings regarding the minor pursuant
to [WIC] Section 300; the need, if any, for continued
detention; the available services that could facilitate the
return of the minor to the custody of the minor's parents or
guardians; and whether there are any relatives who are able
and willing to provide effective care and control over the
minor." (WIC Section 635.)
5)Provides the court with authority to make and order in certain
circumstances that a 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, as specified. (WIC
Section 636.)
6)Provides that 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. (WIC Section 636(d).)
7)Provides for victim restitution and a victim restitution fine
from minors found to have committed a crime by the juvenile
court. (WIC Section 730.6.)
8)Provides for the licensure and regulation of community care
facilities, including group homes, by the California
Department of Social Services (CDSS) and requires that
licensed facilities be subject to unannounced inspections
under specified circumstances. (Health and Safety Code
Sections 1500 et seq, and 1534.)
AS PASSED BY THE ASSEMBLY , this bill clarified that nothing in
the Student Success and Support Program (created by SB 1456
(Lowenthal), Chapter 624, Statutes of 2012) at the California
Community Colleges (CCC) is intended to preclude CCCs from
providing courses and programs including, but not limited to,
professional development of language skills; and job services
for individuals with disabilities to the extent resources are
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available for those purposes.
FISCAL EFFECT : According to Senate Appropriations Committee,
significant ongoing costs potentially in the hundreds of
thousands of dollars (General Fund) to DSS to conduct additional
visits to specified facilities triggered by the law enforcement
notification threshold established in the bill. Potentially
significant one-time and ongoing local costs (Local) to county
child welfare services departments and county probation
departments to add components to the existing protocol to
address the situation when a minor who is a dependent of the
court then appears to come within delinquency jurisdiction.
Negligible impact on the Restitution Fund, as the amount of
restitution received from juvenile offenders is negligible and
not regularly imposed. Minor ongoing costs to the DHCS to
review certifications upon notification of adverse licensing
actions taken by DSS. Potential future cost pressure on [group
home] rates (General Fund) to the extent the workgroup develops
performance standards and outcome measures requiring group homes
to implement programs and services to minimize law enforcement
contacts that results in increased costs to the [group homes],
leading to pressure to increase rates to provide these
additional programs and services. Potential future ongoing cost
savings (General Fund/Local) in the criminal justice system to
the extent earlier intervention in these cases precludes minors
from transitioning from dependency to delinquency jurisdiction.
COMMENTS : According to the author, older children and teens who
are in foster care due to parental abuse or neglect are often
placed in group homes and other residential facilities, because
of a shortage of foster homes for older children, or because
they have special needs or mental health issues. The author
states that group homes are licensed to provide safe and
supportive care, and to address these children's traumatic
history and special needs.
The author additionally states that some group homes are overly
reliant on law enforcement to address behavioral issues with
youth leading to the youth's arrest for minor incidents that
would not trigger justice system involvement for youth who live
with their own parents (e.g. fights between two youth, yelling
at staff, breaking or throwing objects). Once arrested, the
author states that many foster youth are needlessly detained in
juvenile halls and other locked facilities.
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Analysis Prepared by : Gabe Caswell / PUB. S. / (916) 319-3744
FN: 0004998