Bill Text: CA AB2101 | 2011-2012 | Regular Session | Introduced
Bill Title: Juvenile Rehabilitation Training Camp Pilot Program.
Spectrum: Bipartisan Bill
Status: (Introduced - Dead) 2012-04-10 - In committee: Set, first hearing. Hearing canceled at the request of author. [AB2101 Detail]
Download: California-2011-AB2101-Introduced.html
BILL NUMBER: AB 2101 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Achadjian
(Coauthor: Assembly Member Alejo)
FEBRUARY 23, 2012
An act to add and repeal Article 8.5 (commencing with Section
1567.10) of Chapter 3 of Division 2 of the Health and Safety Code,
and to amend Section 11400 of the Welfare and Institutions Code,
relating to care facilities.
LEGISLATIVE COUNSEL'S DIGEST
AB 2101, as introduced, Achadjian. Juvenile Rehabilitation
Training Camp Pilot Program.
Existing law establishes various programs for juveniles deemed to
be wards of the court as a result of the commission of certain
offenses.
Existing law, the Community Care Facilities Act, provides for the
licensure and regulation of community care and residential facilities
by the State Department of Social Services. Violation of the act is
a misdemeanor.
This bill would establish a residential training camp pilot
program, to be known as the Juvenile Rehabilitation Training Camp
Pilot Program, for the purpose of providing an alternative placement
option for male juveniles who commit specified offenses. The bill
would authorize any program in San Luis Obispo County that meets
specified criteria to be licensed and funded as a group home to the
extent permitted by federal law and the California Constitution. The
bill would exempt the program from certain requirements governing
group homes. By requiring the program to comply with the Community
Care Facilities Act, except as specified, the bill would expand the
scope of an existing crime, thereby creating a state-mandated local
program.
This bill would require the State Department of Social Services to
provide a report with specified information to the Legislature on or
before January 1, 2018, and a 2nd report with recommendations to the
Legislature on or before January 1, 2023, relating to the operation
of the program.
The bill would repeal these provisions on January 1, 2023.
This bill would make legislative findings and declarations as to
the necessity of a special statute for San Luis Obispo County.
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 no reimbursement is required by this
act for a specified reason.
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. Article 8.5 (commencing with Section 1567.10) is added
to Chapter 3 of Division 2 of the Health and Safety Code, to read:
Article 8.5. Juvenile Rehabilitation Training Camp Pilot
Program
1567.10. (a) There is hereby established a pilot program that
shall be known as the Juvenile Rehabilitation Training Camp Pilot
Program.
(b) Any program in San Luis Obispo County that meets all of the
following requirements may, to the extent permitted by federal law
and the California Constitution, be licensed and funded as a group
home pursuant to this chapter:
(1) The program is instructed by qualified individuals and has an
emphasis on academics, physical fitness, and transforming the
criminal mindset.
(2) The program provides individual and group counseling and
leadership training.
(3) The program previously operated as a group home in San Luis
Obispo County.
(4) The program serves up to 60 individuals.
(c) Any program licensed as a group home pursuant to this section
shall comply with all statutes and regulations governing group homes,
except, to the extent permitted under federal law and the California
Constitution, as follows:
(1) Only individuals who are authorized to have more than
incidental contact with a juvenile, including persons providing
supervisory, coaching, or counseling services, group home applicants
and administrators, and individuals described in subparagraphs (E)
and (F) of paragraph (1) of subdivision (b) of Section 1522, shall be
subject to the requirements of Section 1522.
(2) Inspection and visitor policies shall, to the extent
practicable and appropriate, allow for inspection by the department
and family access to participants in accordance with orders from the
juvenile court and the probation department having jurisdiction over
program participants.
(3) The program may be conducted in an open dormitory setting.
(4) The participants of the program shall attend an onsite school
supported by credentialed teachers.
(5) Policies relating to meals, clothing, and supervision shall be
commensurate with the needs of the program participants.
(6) The program may be established on a military base.
(d) At no time and in no instance shall physical or chemical
force, or physical or mental intimidation or coercion, be used for
punishment, behavior modification, or any other purpose in the
program, unless specifically in response to an emergency situation in
which a participant or staff person faces imminent physical harm,
and in accordance with use-of-force policies adopted by the
department.
1567.11. (a) To the extent permitted by federal law and the
California Constitution, any male minor found to have committed a
felony offense or a misdemeanor offense pursuant to Section 602 of
the Welfare and Institutions Code may, at the court's discretion, be
committed to placement in the program established pursuant to this
article. No minor shall be placed in the program who is under the
jurisdiction of the court solely because of abuse or neglect.
(b) In order to be eligible to participate in the program, a male
minor shall meet all of the following criteria:
(1) The minor shall be between 13 and 17 years of age, inclusive.
(2) The minor shall be assessed to determine whether he is
physically and psychologically suitable to participate in the
program. The assessment shall also include a determination as to the
availability of space in the program, as well as the minor's
preference.
(c) If, for any reason, the minor is found to be unsuitable for
placement in the program, or continuation in the program, he shall be
returned to the juvenile court for further disposition.
1567.12. (a) The department shall submit to the Legislature, by
January 1, 2018, a report that includes all of the following:
(1) The number of participants successfully completing the
program.
(2) The arrest, reincarceration, and probation violation rates of
wards or former wards who successfully completed the program.
(3) The cost of the program per participant.
(4) A description of the programs and services provided.
(5) Any other information that the department deems relevant.
(b) The department shall submit to the Legislature, by January 1,
2023, a report that includes the following:
(1) The information specified in subdivision (a).
(2) Recommendations regarding continuing or discontinuing the
program.
(c) The reports submitted pursuant to subdivisions (a) and (b)
shall comply with Section 9795 of the Government Code.
1567.13. This article shall remain in effect only until January
1, 2023, and as of that date is repealed, unless a later enacted
statute, that is enacted before January 1, 2023, deletes or extends
that date.
SEC. 2. Section 11400 of the Welfare and Institutions Code is
amended to read:
11400. For the purposes of this article, the following
definitions shall apply:
(a) "Aid to Families with Dependent Children-Foster Care (AFDC-FC)"
means the aid provided on behalf of needy children in foster care
under the terms of this division.
(b) "Case plan" means a written document that, at a minimum,
specifies the type of home in which the child shall be placed, the
safety of that home, and the appropriateness of that home to meet the
child's needs. It shall also include the agency's plan for ensuring
that the child receive proper care and protection in a safe
environment, and shall set forth the appropriate services to be
provided to the child, the child's family, and the foster parents, in
order to meet the child's needs while in foster care, and to reunify
the child with the child's family. In addition, the plan shall
specify the services that will be provided or steps that will be
taken to facilitate an alternate permanent plan if reunification is
not possible.
(c) "Certified family home" means a family residence certified by
a licensed foster family agency and issued a certificate of approval
by that agency as meeting licensing standards, and used only by that
foster family agency for placements.
(d) "Family home" means the family residency of a licensee in
which 24-hour care and supervision are provided for children.
(e) "Small family home" means any residential facility, in the
licensee's family residence, which provides 24-hour care for six or
fewer foster children who have mental disorders or developmental or
physical disabilities and who require special care and supervision as
a result of their disabilities.
(f) "Foster care" means the 24-hour out-of-home care provided to
children whose own families are unable or unwilling to care for them,
and who are in need of temporary or long-term substitute parenting.
(g) "Foster family agency" means any individual or organization
engaged in the recruiting, certifying, and training of, and providing
professional support to, foster parents, or in finding homes or
other places for placement of children for temporary or permanent
care who require that level of care as an alternative to a group
home. Private foster family agencies shall be organized and operated
on a nonprofit basis.
(h) (1) "Group home" means a nondetention
privately operated residential home, organized and operated on a
nonprofit basis only, of any capacity, or a nondetention licensed
residential care home operated by the County of San Mateo with a
capacity of up to 25 beds, that provides services in a group setting
to children in need of care and supervision, as required by paragraph
(1) of subdivision (a) of Section 1502 of the Health and Safety
Code.
(2) "Group home" also means a group home as described in Article
8.5 (commencing with Section 1567.10) of Chapter 3 of Division 2 of
the Health and Safety Code.
(i) "Periodic review" means review of a child's status by the
juvenile court or by an administrative review panel, that shall
include a consideration of the safety of the child, a determination
of the continuing need for placement in foster care, evaluation of
the goals for the placement and the progress toward meeting these
goals, and development of a target date for the child's return home
or establishment of alternative permanent placement.
(j) "Permanency planning hearing" means a hearing conducted by the
juvenile court in which the child's future status, including whether
the child shall be returned home or another permanent plan shall be
developed, is determined.
(k) "Placement and care" refers to the responsibility for the
welfare of a child vested in an agency or organization by virtue of
the agency or organization having (1) been delegated care, custody,
and control of a child by the juvenile court, (2) taken
responsibility, pursuant to a relinquishment or termination of
parental rights on a child, (3) taken the responsibility of
supervising a child detained by the juvenile court pursuant to
Section 319 or 636, or (4) signed a voluntary placement agreement for
the child's placement; or to the responsibility designated to an
individual by virtue of his or her being appointed the child's legal
guardian.
(l) "Preplacement preventive services" means services that are
designed to help children remain with their families by preventing or
eliminating the need for removal.
(m) "Relative" means an adult who is related to the child by
blood, adoption, or affinity within the fifth degree of kinship,
including stepparents, stepsiblings, and all relatives whose status
is preceded by the words "great," "great-great," or "grand" or the
spouse of any of these persons even if the marriage was terminated by
death or dissolution.
(n) "Nonrelative extended family member" means an adult caregiver
who has an established familial or mentoring relationship with the
child, as described in Section 362.7.
(o) "Voluntary placement" means an out-of-home placement of a
child by (1) the county welfare department, probation department, or
Indian tribe that has entered into an agreement pursuant to Section
10553.1, after the parents or guardians have requested the assistance
of the county welfare department and have signed a voluntary
placement agreement; or (2) the county welfare department licensed
public or private adoption agency, or the department acting as an
adoption agency, after the parents have requested the assistance of
either the county welfare department, the licensed public or private
adoption agency, or the department acting as an adoption agency for
the purpose of adoption planning, and have signed a voluntary
placement agreement.
(p) "Voluntary placement agreement" means a written agreement
between either the county welfare department, probation department,
or Indian tribe that has entered into an agreement pursuant to
Section 10553.1, licensed public or private adoption agency, or the
department acting as an adoption agency, and the parents or guardians
of a child that specifies, at a minimum, the following:
(1) The legal status of the child.
(2) The rights and obligations of the parents or guardians, the
child, and the agency in which the child is placed.
(q) "Original placement date" means the most recent date on which
the court detained a child and ordered an agency to be responsible
for supervising the child or the date on which an agency assumed
responsibility for a child due to termination of parental rights,
relinquishment, or voluntary placement.
(r) "Transitional housing placement facility" means either of the
following:
(1) A community care facility licensed by the State Department of
Social Services pursuant to Section 1559.110 of the Health and Safety
Code to provide transitional housing opportunities to persons at
least 16 years of age, and not more than 18 years of age and, on or
after January 1, 2012, any nonminor dependent who has not attained 19
years of age, as described in paragraph (1) of subdivision (a) of
Section 11403.2, may remain in the facility if it is in their best
interests in order to complete high school or its equivalent, or to
finish the high school year prior to their 19th birthday. These
provisions shall apply to those who are in out-of-home placement
under the supervision of the county department of social services or
the county probation department, and who are participating in an
independent living program.
(2) A facility certified to provide transitional housing services
pursuant to subdivision (e) of Section 1559.110 of the Health and
Safety Code.
(s) "Transitional housing placement program" means a program that
provides supervised housing opportunities to eligible youth and
nonminor dependents pursuant to Article 4 (commencing with Section
16522) of Chapter 5 of Part 4.
(t) "Whole family foster home" means a new or existing family
home, approved relative caregiver or nonrelative extended family
member's home, the home of a nonrelated legal guardian whose
guardianship was established pursuant to Section 366.26 or 360,
certified family home that provides foster care for a minor or
nonminor dependent parent and his or her child, and is specifically
recruited and trained to assist the minor or nonminor dependent
parent in developing the skills necessary to provide a safe, stable,
and permanent home for his or her child. The child of the minor or
nonminor dependent parent need not be the subject of a petition filed
pursuant to Section 300 to qualify for placement in a whole family
foster home.
(u) "Mutual agreement" means a written voluntary agreement of
consent for continued placement and care in a supervised setting
between a minor or, on and after January 1, 2012, a nonminor
dependent, and the county welfare services or probation department or
tribal agency responsible for the foster care placement, that
documents the nonminor's continued willingness to remain in
supervised out-of-home placement under the placement and care of the
responsible county or tribal agency, remain under the jurisdiction of
the juvenile court as a nonminor dependent, and report any change of
circumstances relevant to continued eligibility for foster care
payments, and that documents the nonminor's and social worker's or
probation officer's agreement to work together to facilitate
implementation of the mutually developed supervised placement
agreement and transitional independent living case plan.
(v) "Nonminor dependent" means, on and after January 1, 2012, a
foster child, as described in Section 675(8)(B) of Title 42 of the
United States Code under the federal Social Security Act who is a
current dependent child or ward of the juvenile court, or a nonminor
under the transition jurisdiction of the juvenile court, as described
in Section 450, who satisfies all of the following criteria:
(1) He or she has attained 18 years of age while under an order of
foster care placement by the juvenile court, and is younger than 19
years of age as of January 1, 2012, younger than 20 years of age as
of January 1, 2013, or younger than 21 years of age as of January 1,
2014.
(2) He or she is in foster care under the placement and care
responsibility of the county welfare department, county probation
department, or Indian tribe that entered into an agreement pursuant
to Section 10553.1.
(3) He or she is participating in a transitional independent
living case plan pursuant to Section 475(8) of the federal Social
Security Act (42 U.S.C. Sec. 675(8)), as contained in the federal
Fostering Connections to Success and Increasing Adoptions Act of 2008
(Public Law 110-351), as described in Section 11403.
(w) "Supervised independent living setting" means, on and after
January 1, 2012, a supervised setting, as specified in a nonminor
dependent's transitional independent living case plan, in which the
youth is living independently, pursuant to Section 472(c)(2) of the
Social Security Act (42 U.S.C. Sec. 672(c)(2)).
(x) "THP-Plus Foster Care" means, on and after January 1, 2012, a
placement that offers supervised housing opportunities and supportive
services to eligible nonminor dependents at least 18 years of age,
on and after January 1, 2013, 19 years of age, and on and after
January 1, 2014, 20 years of age, and not more than 21 years of age,
who are in out-of-home placement under the placement and care
responsibility of the county welfare department or the county
probation department or Indian tribe that entered into an agreement
pursuant to Section 10553.1, and who are described in paragraphs (3)
and (4) of subdivision (a) of Section 11403.2.
(y) "Transitional independent living case plan" means, on or after
January 1, 2012, the nonminor dependent's case plan, updated every
six months, that describes the goals and objectives of how the
nonminor will make progress in the transition to living independently
and assume incremental responsibility for adult decisionmaking, the
collaborative efforts between the nonminor and the social worker,
probation officer, or Indian tribe and the supportive services as
described in the transitional independent living plan (TILP) to
ensure active and meaningful participation in one or more of the
eligibility criteria described in subdivision (b) of Section 11403,
the nonminor's appropriate supervised placement setting, and the
nonminor's permanent plan for transition to living independently,
which includes maintaining or obtaining permanent connections to
caring and committed adults, as set forth in paragraph (16) of
subdivision (f) of Section 16501.1.
(z) "Voluntary reentry agreement" means a written voluntary
agreement between a former dependent child or ward or a former
nonminor dependent, who has had juvenile court jurisdiction
terminated pursuant to Section 391, 452 or 607.2, and the county
welfare or probation department or tribal placing agency that
documents the nonminor's desire and willingness to reenter foster
care, to be placed in a supervised setting under the placement and
care responsibility of the placing agency, the nonminor's desire,
willingness, and ability to immediately participate in one or more of
the conditions of paragraphs (1) to (5), inclusive, of subdivision
(b) of Section 11403, the nonminor's agreement to work
collaboratively with the placing agency to develop his or her
transitional independent living case plan within 60 days of reentry,
the nonminor's agreement to report any changes of circumstances
relevant to continued eligibility for foster care payments, and the
nonminor's agreement to participate in the filing of a petition for
juvenile court jurisdiction as a nonminor dependent pursuant to
subdivision (e) of Section 388 within 15 judicial days of the signing
of the agreement and the placing agency's efforts and supportive
services to assist the nonminor in the reentry process.
SEC. 3. The Legislature finds and declares that a special law is
necessary and that a general law cannot be made applicable within the
meaning of Section 16 of Article IV of the California Constitution
because of the unique circumstances with respect to options for
juvenile placement in San Luis Obispo County.
SEC. 4. No reimbursement is required by this act pursuant to
Section 6 of Article XIII B of the California Constitution because
the only costs that may be incurred by a local agency or school
district will be incurred because this act creates a new crime or
infraction, eliminates a crime or infraction, or changes the penalty
for a crime or infraction, within the meaning of Section 17556 of the
Government Code, or changes the definition of a crime within the
meaning of Section 6 of Article XIII B of the California
Constitution.
