Bill Text: CA SB889 | 2019-2020 | Regular Session | Amended
Bill Title: Juveniles: Juvenile court jurisdiction.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-03-25 - From committee with author's amendments. Read second time and amended. Re-referred to Com. on RLS. [SB889 Detail]
Download: California-2019-SB889-Amended.html
|
Amended
IN
Senate
March 25, 2020 |
CALIFORNIA LEGISLATURE—
2019–2020 REGULAR SESSION
Senate Bill
No. 889
| Introduced by Senator Skinner |
January 24, 2020 |
An act to amend Sections 208.5, 602, 603, 604, 605, 606, 607, 607.2, 607.3, 625.1, 626, 626.5, 628, 628.1, 630, 631, 631.1, 632, 634, 634.6, 635.1, 636, 654.1, 654.2, 654.3, 725, 726, 727, 729.5, 750, 777, 778, 790, and 826 of, to add Sections 636.01, 724, 774, and 790.1 to, and to repeal Sections 654.6, 729, 729.1, 729.3, 729.6, 729.7, 729.8, and 729.9 of, the Welfare and Institutions Code, relating to juveniles.
LEGISLATIVE COUNSEL'S DIGEST
SB 889, as amended, Skinner.
Juveniles. Juveniles: Juvenile court jurisdiction.
Existing law establishes the jurisdiction of the juvenile court over minors who are between 12 and 17 years of age, inclusive. Existing law provides that the juvenile court may maintain jurisdiction over a person until the person attains 21 years of age. Existing law establishes procedures for the detention of a minor to include the circumstances under which a peace officer may place a minor in temporary custody and the locations where the detention may take place. Existing law prescribes judgements that may be ordered by the juvenile court, including probation.
This bill would extend the jurisdiction of the juvenile court to those who are between 12 and 19 years of age, inclusive. This bill would provide that the juvenile court may maintain jurisdiction over a
person until the person attains 24 years of age. This bill would require detention, if necessary, take place in the minor’s or youth’s home, unless detention in juvenile hall is necessary for specified reasons, including for the protection of others. This bill would, among other things, limit probation to only those behaviors that are necessary for public safety and specifically related to individual risk factors, and would require minors to receive individualized family-centered, strength-based case plans when adjudged probation. This bill would make additional conforming changes.
Existing law generally subjects any person under 18 years of age who commits a crime to the jurisdiction of the juvenile court, which may adjudge that person to be a ward of the court.
This bill would state the intent of the Legislature to raise the age limit on California’s youth justice system.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee:Bill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 208.5 of the Welfare and Institutions Code is amended to read:208.5.
(a) Notwithstanding any other law, in any case in which a(b) The county shall apply to the Corrections Standards Authority Board of State and Community Corrections
for approval of a county institution established for the purpose of housing juveniles as a suitable place for confinement before the institution is used for the detention or commitment of an individual under the jurisdiction of the juvenile court who is 19 years of age or older but under 21 years of age where the detained person will come into or remain in contact with persons under 18 years of age who are detained in the institution. The authority board shall review and approve or deny the application of the county within 30 days of receiving notice of this proposed use. In its review, the authority board shall
take into account the available programming, capacity, and safety of the institution as a place for the combined confinement and rehabilitation of individuals under the jurisdiction of the juvenile court who are over 19 years of age and those who are under 19 years of age.
SEC. 2.
Section 602 of the Welfare and Institutions Code is amended to read:602.
(a) Except as provided in Section 707, any(b) Any minor who is under 12 years of age when he or she the minor is alleged to have committed any of the following offenses is within the jurisdiction of the juvenile court, which may adjudge the minor to be a ward of the court:
(1) Murder.
(2) Rape by force, violence, duress, menace, or fear of immediate and unlawful bodily injury.
(3) Sodomy by force, violence, duress, menace, or fear of immediate and unlawful bodily injury.
(4) Oral copulation by force, violence, duress, menace, or fear of immediate and unlawful bodily injury.
(5) Sexual penetration by force, violence, duress, menace, or fear of immediate and unlawful bodily injury.
SEC. 3.
Section 603 of the Welfare and Institutions Code is amended to read:603.
(a) No court shall have jurisdiction to conduct a preliminary examination or to try the case of any person upon an accusatory pleading charging that person with the commission of a public offense or crime when the person was under(b) This section shall not apply in any case involving a minor against whom a complaint may be filed directly in a court of criminal jurisdiction pursuant to Section 707.01.
SEC. 4.
Section 604 of the Welfare and Institutions Code is amended to read:604.
(a) Whenever a case is before any court upon an accusatory pleading and it is suggested or appears to the judge before whom the person is brought that the person charged was, at the date the offense is alleged to have been committed, under(1) That the person (naming him or her) them) is charged with a crime (briefly stating its nature).
(2) That the person appears to have been under the age of 18 years
20 years of age at the date the offense is alleged to have been committed, giving the date of birth of the person when known.
(3) That proceedings have been suspended against the person on the charge by reason of his or her the person’s age, with the date of the suspension.
The judge shall attach a copy of the accusatory pleading to the certification.
(b) When a court certifies a case to the juvenile court pursuant to subdivision (a), it shall be deemed that jeopardy has not attached by reason of the proceedings prior to certification, but the court may not resume proceedings in the case, nor may a new
proceeding under the general law be commenced in any court with respect to the same matter unless the juvenile court has found that the minor is not a fit subject for consideration under the juvenile court law and has ordered that proceedings under the general law resume or be commenced.
(c) The certification and accusatory pleading shall be promptly transmitted to the clerk of the juvenile court. Upon receipt thereof, the clerk of the juvenile court shall immediately notify the probation officer who shall immediately proceed in accordance with Article 16 (commencing with Section 650).
(d) This section does not apply to any minor
youth who may have a complaint filed directly against him or her
them in a court of criminal jurisdiction pursuant to Section 707.01.
SEC. 5.
Section 605 of the Welfare and Institutions Code is amended to read:605.
Whenever a petition is filed in a juvenile court alleging that aSEC. 6.
Section 606 of the Welfare and Institutions Code is amended to read:606.
When a petition has been filed in a juvenile court, theSEC. 7.
Section 607 of the Welfare and Institutions Code is amended to read:607.
(a) The court may retain jurisdiction over a person who is found to be a ward or dependent child of the juvenile court until the ward or dependent child attains(b) The court may retain jurisdiction over a person who is found to be a person described in Section 602 by reason of the commission of an offense listed in subdivision (b) of Section 707, until that person attains 25 years of age if the person was committed to the Department of Corrections and Rehabilitation, Division of Juvenile
Facilities.
(c) The court shall not discharge a person from its jurisdiction who has been committed to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities while the person remains under the jurisdiction of the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, including periods of extended control ordered pursuant to Section 1800.
(d) The court may retain jurisdiction over a person described in Section 602 by reason of the commission of an offense listed in subdivision (b) of Section 707, who has been confined in a state hospital or other appropriate public or private mental health facility pursuant to Section 702.3 until that person attains 25 years of age, unless the court that committed the person finds, after notice and hearing, that the person’s sanity has been restored.
(e) The court may retain jurisdiction over a person while that person is the subject of a warrant for arrest issued pursuant to Section 663.
(f) Notwithstanding subdivisions (b) and (d), a person who is committed by the juvenile court to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities on or after July 1, 2012, but before July 1, 2018, and who is found to be a person described in Section 602 by reason of the commission of an offense listed in subdivision (b) of Section 707 shall be discharged upon the expiration of a two-year period of control, or when the person attains 23 years of age, whichever occurs later, unless an order for further detention has been made by the committing court pursuant to Article 6 (commencing with Section 1800) of Chapter 1 of Division 2.5. This subdivision does not apply to a person who is committed to the Department of
Corrections and Rehabilitation, Division of Juvenile Facilities, or to a person who is confined in a state hospital or other appropriate public or private mental health facility, by a court prior to July 1, 2012, pursuant to subdivisions (b) and (d).
(g) (1) Notwithstanding subdivision (f), a person who is committed by the juvenile court to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, on or after July 1, 2018, and who is found to be a person described in Section 602 by reason of the commission of an offense listed in subdivision (c) of Section 290.008 of the Penal Code or subdivision (b) of Section 707 of this code, shall be discharged upon the expiration of a two-year period of control, or when the person attains 23 years of age, whichever occurs later, unless an order for further detention has been made by the committing court pursuant to Article 6 (commencing with Section 1800) of
Chapter 1 of Division 2.5.
(2) A person who, at the time of adjudication of a crime or crimes, would, in criminal court, have faced an aggregate sentence of seven years or more, shall be discharged upon the expiration of a two-year period of control, or when the person attains 25 years of age, whichever occurs later, unless an order for further detention has been made by the committing court pursuant to Article 6 (commencing with Section 1800) of Chapter 1 of Division 2.5.
(3) This subdivision does not apply to a person who is committed to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, or to a person who is confined in a state hospital or other appropriate public or private mental health facility, by a court prior to July 1, 2018, as described in subdivision (f).
(h) The amendments
to this section made by Chapter 342 of the Statutes of 2012 apply retroactively.
(i) This section does not change the period of juvenile court jurisdiction for a person committed to the Division of Juvenile Facilities prior to July 1, 2018.
SEC. 8.
Section 607.2 of the Welfare and Institutions Code is amended to read:607.2.
(a) (1) On and after January 1, 2012, the court shall hold a hearing prior to terminating jurisdiction over a ward who satisfies any of the following criteria:(A) Is a minor youth subject to an order for foster care placement described in Section 11402 as a ward who has not previously been subject to the jurisdiction of the court as a result of a petition filed pursuant to Section 325.
(B) Is a nonminor who was subject to an order for foster care placement described in Section 11402 as a
ward on the day he or she
the nonminor attained 18 years of age.
(C) Is a ward who was subject to an order for foster care placement described in Section 11402 as a dependent of the court at the time the court adjudged the child to be a ward of the court under Section 725.
(2) The notice of hearing under this subdivision may be served electronically pursuant to Section 212.5.
(b) At a hearing during which termination of jurisdiction over a ward described in subdivision (a) is being considered, the court shall take one of the following actions:
(1) Modify its jurisdiction from delinquency jurisdiction to transition jurisdiction, if the court finds the ward is a person described in Section 450.
(2) (A) For a ward who was not previously subject to the jurisdiction of the court as a result of a petition filed pursuant to Section 325, order the probation department or the ward’s attorney to submit an application to the child welfare services department pursuant to Section 329 to declare the minor a dependent of the court and modify the court’s jurisdiction from delinquency jurisdiction to dependency jurisdiction, if the court finds all of the following:
(i) The ward is a minor.
(ii) The ward does not come within the description in Section 450, but jurisdiction as a ward may no longer be required.
(iii) The ward appears to come within the description of Section 300 and cannot be returned home safely.
(B) The court shall set a hearing within 20 judicial days of the date of the order described in subparagraph (A) to review the child welfare services department’s decision and may either affirm its decision not to file a petition pursuant to Section 300 or order the child welfare services department to file a petition pursuant to Section 300. The notice of hearing under this subparagraph may be served electronically pursuant to Section 212.5.
(3) Vacate the order terminating jurisdiction over the minor as a dependent of the court, resume jurisdiction pursuant to Section 300 based on the prior petition filed pursuant to Section 325, and terminate the court’s jurisdiction over the minor as a ward, if the minor was subject to an order for foster care placement described in Section 11402 as a dependent of the court at the time the court adjudged the minor to be a ward and assumed
jurisdiction over the minor under Section 725.
(4) Continue its delinquency jurisdiction over a ward pursuant to Section 303 as a nonminor dependent, as defined in subdivision (v) of Section 11400, who is eligible to remain in foster care pursuant to Section 11403, if the ward is a nonminor and the court did not modify its jurisdiction as described in Section 450, unless the court finds that after reasonable and documented efforts, the ward cannot be located or does not wish to become a nonminor dependent. In making this finding and prior to entering an order terminating its delinquency jurisdiction, the court shall ensure that the ward has had an opportunity to confer with his or her
their counsel and has been informed of his or her their options, including the right to reenter foster care placement by completing a voluntary reentry agreement as described in subdivision (z) of Section 11400 and to file a petition pursuant to subdivision (e) of Section 388 for the court to assume or resume transition jurisdiction over him or her the ward pursuant to Section 450. The fact that a ward declines to be a nonminor dependent does not restrict the authority of the court to maintain delinquency jurisdiction pursuant to Section 607.
(5) Continue its delinquency jurisdiction.
(6) Terminate its delinquency jurisdiction if the ward does not come within the provisions of paragraphs (1) to (4), inclusive.
(c) If the court modifies jurisdiction, its order shall comply with the requirements of subdivision (f) of Section 241.1.
(d) This section shall not be construed as changing the requirements of Section 727.2 or 727.3 with respect to reunification of minors with their families or the establishment of an alternative permanent plan for minors for whom reunification is not pursued.
SEC. 9.
Section 607.3 of the Welfare and Institutions Code is amended to read:607.3.
On and after January 1, 2012, at the hearing required under Section 607.2 for a ward who is(a) Ensure that the nonminor has been informed of his or her their options, including the right to reenter foster care placement by
completing a voluntary reentry agreement as described in subdivision (z) of Section 11400 and the right to file a petition pursuant to subdivision (e) of Section 388 for the court to resume transition jurisdiction pursuant to Section 450.
(b) Ensure that the ward has had an opportunity to confer with his or her their counsel.
(c) Ensure that the ward is present in court for the hearing, unless the ward has waived his or her their right to appear in court and elects to appear by a telephone instead, or
document the efforts it made to locate the ward when the ward is not available to appear at the hearing.
(d) Submit a report to the court describing all of the following:
(1) Whether it is in the ward’s best interest for a court to assume or continue transition jurisdiction over the ward as a nonminor dependent pursuant to Section 450.
(2) Whether the ward has indicated that he or she does they do not want juvenile court jurisdiction to continue.
(3) Whether the ward has been informed of his or her
their right to reenter foster care by completing the voluntary reentry agreement as described in subdivision (z) of Section 11400.
(e) Submit to the court the completed 90-day transition plan.
(f) Submit to the court written verification that the information, documents, and services set forth in paragraphs (1) to (8), inclusive, of subdivision (e) of Section 391 have been provided to the ward.
(g) Submit to the court written verification that the requirements set forth in Section 607.5 have been completed.
SEC. 10.
Section 625.1 of the Welfare and Institutions Code is amended to read:625.1.
AnySEC. 11.
Section 626 of the Welfare and Institutions Code is amended to read:626.
An officer who takes a(a) Release the minor. youth.
(b) Deliver or refer the minor
youth to a public or private agency with which
that the city or county has an agreement or plan to provide shelter care, counseling, or diversion services to minors so delivered. A placement of a child in a community care facility as specified in Section 1530.8 of the Health and Safety Code shall be made in accordance with Section 319.2 or 319.3, as applicable, and with paragraph (8) or (9) of subdivision (e) of Section 361.2, as applicable.
(c) Prepare in duplicate a written notice to appear before the probation officer of the county in which the minor youth
was taken into custody at a time and place specified in the notice. The notice shall also contain a concise statement of the reasons the minor youth was taken into custody. The officer shall deliver one copy of the notice to the minor or youth or, if the youth is a minor under 18 years of age, to a parent, guardian, or responsible relative of the minor and may require the minor or the minor’s parent, guardian, or relative, or both, to sign a written promise to appear at the time and place designated in the notice. Upon the execution of the promise to appear, the officer shall immediately release the minor.
youth. The officer shall, as soon as practicable, file one copy of the notice with the probation officer. The written notice to appear may require that the minor youth be fingerprinted, photographed, or both, upon the minor’s youth’s appearance before the probation officer, if the minor youth is a person described in Section 602 and he or she
was taken into custody upon reasonable cause for the commission of a felony.
(d) Take the minor youth without unnecessary delay before the probation officer of the county in which the minor youth was taken into custody, or in which the minor youth resides, or in which the acts take place or the circumstances exist which are alleged to bring the minor
youth within the provisions of Section 601 or 602, and deliver the custody of the minor youth to the probation officer. The peace officer shall prepare a concise written statement of the probable cause for taking the minor youth into temporary custody and the reasons the minor
youth was taken into custody and shall provide the statement to the probation officer at the time the minor
youth is delivered to the probation officer. In no case shall the officer delay the delivery of the minor youth to the probation officer for more than 24 hours if the minor youth has been taken into custody without a warrant on the belief that the minor youth has committed a misdemeanor.
In determining which disposition of the minor
youth to make, the officer shall prefer the alternative which least restricts the minor’s youth’s freedom of movement, provided that alternative is compatible with the best interests of the minor youth and the community.
SEC. 12.
Section 626.5 of the Welfare and Institutions Code is amended to read:626.5.
If an officer who takes a minor into temporary custody under the provisions of Section 625 determines that the(a) He or she may The
officer may prepare in duplicate a written notice to appear before the probation officer of the county in which the minor person was taken in into custody at a time and place specified in the notice. The notice shall also contain a concise statement of the reasons the minor youth was taken into custody. The officer shall deliver one copy of the notice to the minor or
youth or, if the person is a minor under 18 years of age, to a parent, guardian, or responsible relative of the minor and may require the minor or his or her or the minor’s parent, guardian, or relative, or both, to sign a written promise that either or both will appear at the time and place designated in the notice. Upon the execution of the promise to appear, the officer shall immediately release the minor. The officer shall, as soon as practicable, file one copy of the notice with the probation officer.
(b) He or she The officer may
take the minor
youth without unnecessary delay before the probation officer of the county in which the minor youth was taken into custody, or in which the minor
youth resides, or in which the acts took place or the circumstances exist which are alleged to bring the minor youth within the provisions of Section 601 or 602, and deliver the custody of the minor youth to the probation officer. The peace officer shall prepare a concise written statement of the probable cause for taking the minor youth into temporary custody and the reasons the minor
person was taken into custody and shall provide that statement to the probation officer at the time the minor youth is delivered to the probation officer. In no case shall he or she the officer
delay the delivery of the minor youth to the probation officer for more than 24 hours if the minor youth has been taken into custody without a warrant on the belief that he or she the youth has committed a misdemeanor.
In determining which disposition of the minor he or she
the officer will make, the officer shall prefer the alternative which least restricts the minor’s youth’s freedom of movement, provided that alternative is compatible with the best interests of the minor and the community.
SEC. 13.
Section 628 of the Welfare and Institutions Code is amended to read:628.
(a) (1) Upon delivery to the probation officer of a(A) Continued detention of the minor
youth is based on a risk-based assessment, and is a matter of immediate and urgent necessity for the protection of the minor or reasonable necessity for the protection of the person or property of another. consistent with a response matrix.
(B) The minor youth is likely to flee the jurisdiction of the court. court and detention is consistent with a response
matrix.
(C) The minor youth
has violated an order of the juvenile court. court and detention is consistent with a response matrix.
(2) The probation officer’s decision to detain a minor youth who is currently a dependent of the juvenile court pursuant to Section 300 or the subject of a petition to declare him or her the youth a dependent of the juvenile court pursuant to Section 300 and
who has been removed from the custody of his or her
the minor’s parent or guardian by the juvenile court court, shall not be based on any of the following:
(A) The minor’s status as a dependent of the juvenile court or as the subject of a petition to declare him or her the minor
a dependent of the juvenile court.
(B) A determination that continuance in the minor’s current placement is contrary to the minor’s welfare.
(C) The child welfare services department’s inability to provide a placement for the minor.
(3) The probation officer shall immediately release a minor described in paragraph (2) to the custody of the child welfare services department or his or her the minor’s current foster parent or other caregiver unless the probation officer determines that one or more of the conditions in paragraph (1) exist.
(4) This
section does not limit a probation officer’s authority to refer a minor to child welfare services.
(b) If the probation officer has reason to believe that the minor is at risk of entering foster care placement as defined in paragraphs (1) and (2) of subdivision (d) of Section 727.4, the probation officer shall, as part of the investigation undertaken pursuant to subdivision (a), make reasonable efforts, as described in paragraph (5) of subdivision (d) of Section 727.4, to prevent or eliminate the need for removal of the minor from his or her the minor’s home.
(c) In any case in which there is reasonable cause for believing that a minor
youth who is under the care of a physician or surgeon or a hospital, clinic, or other medical facility and cannot be immediately moved is a person described in subdivision (d) of Section 300, the minor youth shall be deemed to have been taken into temporary custody and delivered to the probation officer for the purposes of this chapter while he or she the youth is at the office of the physician or surgeon or that medical facility.
(d) (1) It is the intent of the Legislature that this subdivision shall
comply with paragraph (29) of subsection (a) of Section 671 of Title 42 of the United States Code as added by the Fostering Connections to Success and Increasing Adoptions Act of 2008 (Public Law 110-351). It is further the intent of the Legislature that the identification and notification of relatives shall be made as early as possible after the removal of a youth who is at risk of entering foster care placement.
(2) If the minor is detained and the probation officer has reason to believe that the minor is at risk of entering foster care placement, as defined in paragraphs (1) and (2) of subdivision (d) of Section 727.4, then the probation officer shall conduct, within 30 days, an investigation in order to identify and locate all grandparents, adult siblings, and other relatives of the child, as defined in paragraph (2) of subdivision (f) of Section 319, including any other adult relatives suggested by the parents. The probation officer shall
provide to all adult relatives who are located, except when that relative’s history of family or domestic violence makes notification inappropriate, within 30 days of the date on which the child is detained, written notification and shall also, whenever appropriate, provide oral notification, in person or by telephone, of all the following information:
(A) The child has been removed from the custody of his or her the minor’s parent or parents, or his or her guardians.
(B) An explanation of the various options to participate in the care and placement of the child and support for the child’s family, including
any options that may be lost by failing to respond. The notice shall provide information about providing care for the child, how to become a foster family home, approved relative or nonrelative extended family member as defined in Section 362.7, or resource family home, and additional services and support that are available in out-of-home placements. The notice shall also include information regarding the Kin-GAP Program (Article 4.5 (commencing with Section 11360) of Chapter 2 of Part 3 of Division 9), the CalWORKs program for approved relative caregivers (Chapter 2 (commencing with Section 11200) of Part 3 of Division 9), adoption and adoption assistance (Chapter 2.1 (commencing with Section 16115) of Part 4 of Division 9), as well as other options for contact with the child, including, but not limited to, visitation. When oral notification is provided, the probation officer is not required to provide detailed information about the various options to help with the care and placement of the child.
(3) The probation officer shall use due diligence in investigating the names and locations of the relatives pursuant to paragraph (2), including, but not limited to, asking the child in an age-appropriate manner about relatives important to the child, consistent with the child’s best interest, and obtaining information regarding the location of the child’s adult relatives.
(4) To the extent allowed by federal law as a condition of receiving funding under Title IV-E of the federal Social Security Act (42 U.S.C. Sec. 670 et seq.), if the probation officer did not conduct the identification and notification of relatives, as required in paragraph (2), but the court orders foster care placement, the probation officer shall conduct the investigation to find and notify relatives within 30 days of the placement order. Nothing in this section shall be construed to delay foster care placement
for an individual child.
SEC. 14.
Section 628.1 of the Welfare and Institutions Code is amended to read:628.1.
If theUnless
(a) If the youth is a minor, unless one of the conditions described in paragraph (1), (2), or (3) of subdivision (a) of Section 628 exists, the probation officer shall release such minor to his or her
them to their parent, guardian, or responsible relative on home supervision. As a condition for such release, the probation officer shall require the minor to sign a written promise that he or she understands they understand and will observe the specific conditions of home supervision release. As an additional condition for release, the probation officer also shall require the minor’s parent, guardian, or responsible relative to sign a written promise, translated into a language the parent understands,
they understand, if necessary, that he or she understands they understand the specific conditions of home supervision release. These conditions may include curfew and school attendance requirements related to the protection of the minor or the person or property of another, or to the minor’s appearances at court hearings. A minor who violates a specific condition of home supervision release which he or she
the minor has promised in writing to obey may be taken into custody and placed in secure detention, subject to court review at a detention hearing.
(b) If the youth is not a minor, unless one of the conditions described in paragraph (1), (2), or (3) of subdivision (a) of Section 628 exists, the probation officer shall release them on home detention. As a condition for such release, the probation officer shall require the youth to sign a written promise that they understand and will observe the specific conditions of home detention release. These conditions shall be limited to factors necessary to public safety or the youth’s appearance in court consistent with Section 724.
A minor
(c) A youth on home supervision or home detention shall be entitled to the same legal protections as a minor youth in secure detention, including a detention hearing.
SEC. 15.
Section 630 of the Welfare and Institutions Code is amended to read:630.
(a) If the probation officer determines that the(b) In a hearing conducted pursuant to this section, the minor youth has a privilege against self-incrimination and has a right to confrontation by, and cross-examination of, any person examined by the court as provided in Section 635.
SEC. 16.
Section 631 of the Welfare and Institutions Code is amended to read:631.
(a) Except as provided in subdivision (b), whenever a(b) Except when the minor
youth
represents himself or herself themselves as 18 20 or more years of age, whenever a minor youth is taken into custody by a peace officer or probation officer without a warrant on the belief that the minor youth has committed a misdemeanor
that does not involve violence, the threat of violence, or possession or use of a weapon, and if the minor youth is not currently on probation or parole, the minor person shall be released within 48 hours after having been taken into custody , custody, excluding nonjudicial days, unless a petition has been filed to declare the minor
youth to be a ward of the court and the minor
youth has been ordered detained by a judge or referee of the juvenile court pursuant to Section 635. In all cases involving the detention of a minor youth pursuant to this subdivision, any decision to detain the minor youth more than 24 hours shall be subject to written review and approval by a probation officer who is a supervisor as soon as possible after it is known that the minor youth will be
detained more than 24 hours. However, if the initial decision to detain the minor youth more than 24 hours is made by a probation officer who is a supervisor, the decision shall not be subject to review and approval.
(c) Whenever a minor youth who has been held in custody for more than 24 hours by the probation officer is subsequently released and no petition is filed, the probation officer shall prepare a written explanation of why the minor
youth
was held in custody for more than 24 hours. The written explanation shall be prepared within 72 hours after the minor youth is released from custody and filed in the record of the case. A For a youth, a copy of the written explanation shall be sent to the parents, guardian, or other person having care or custody of the minor.
SEC. 17.
Section 631.1 of the Welfare and Institutions Code is amended to read:631.1.
When aSEC. 18.
Section 632 of the Welfare and Institutions Code is amended to read:632.
(a) Except as provided in subdivision (b), unless sooner released, a(b) Whenever a minor youth is taken into custody without a warrant on the belief that he or she the youth has committed a misdemeanor not involving violence, a threat of violence, or possession or use of weapons, if the minor youth is not
currently on probation or parole, he or she
the youth shall be brought before a judge or referee of the juvenile court for a detention hearing as soon as possible, but no later than 48 hours after having been taken into custody, excluding nonjudicial days, after a petition to declare the minor youth a ward has been filed. In all cases involving the detention of a minor youth pursuant to this subdivision where the minor youth will not be brought
before the judge or referee of the juvenile court within 24 hours, the decision not to bring the minor youth before the judge or referee within 24 hours shall be subject to written review and approval by a probation officer who is a supervisor as soon as possible after it is known that the minor youth will not be brought before the judge or referee within 24 hours. However, if the decision not to bring the minor youth before the judge or
referee within 24 hours is made by a probation officer who is a supervisor, the decision shall not be subject to review and approval.
(c) If the minor youth is not brought before a judge or referee of the juvenile court within the period prescribed by this section, he or she the youth shall be released from custody.
SEC. 19.
Section 634 of the Welfare and Institutions Code is amended to read:634.
When it appears to the court that theSEC. 20.
Section 634.6 of the Welfare and Institutions Code is amended to read:634.6.
Any counsel upon entering an appearance on behalf of aSEC. 21.
Section 635.1 of the Welfare and Institutions Code is amended to read:635.1.
When the court finds aNothing in this section shall restrict the provision of emergency psychiatric services to those minors
youths who have not yet reached the point of adjudication or disposition, nor shall it operate to restrict evaluations at an earlier stage of the proceedings or to restrict the use of Sections 4011.6 and 4011.8 of the Penal Code.
SEC. 22.
Section 636 of the Welfare and Institutions Code is amended to read:636.
(a) If the youth is a minor and 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(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
the minor’s 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 the minor’s 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
the minor’s
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 the minor’s parent or legal guardian and to prevent or eliminate the need for removal of the minor from his or her
the minor’s 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 the minor’s 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).
(g) If the youth is not a minor, the court shall follow the guidelines for ordering detention as described in Section 636.01.
SEC. 23.
Section 636.01 is added to the Welfare and Institutions Code, to read:636.01.
(a) If the youth is not a minor and it appears upon the hearing that the youth 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 person or property of another that they be detained or that the youth is likely to flee to avoid the jurisdiction of the court, the court may make its order that the youth be detained in the juvenile hall or other suitable place designated by the juvenile court, provided there is a local plan in compliance with federal law, 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 person or property of another that the youth be detained.(b) If the court finds that the criteria of Section 628.1 are applicable, the court shall place the youth on home detention 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 youth on home detention, the court may continue, modify, or augment conditions of release previously imposed by the probation officer, or may impose new conditions on a youth released for the first time. If there are new or modified conditions, the youth shall be required to sign a written promise to obey those conditions pursuant to Section 628.1. Any conditions imposed or modified shall be consistent with subdivision (b) of Section
724.
SEC. 24.
Section 654.1 of the Welfare and Institutions Code is amended to read:654.1.
(a) Notwithstanding Section 654 or any other provision of law, in any case in which a(b) This section may not be construed to prevent the probation officer from requesting the prosecuting attorney to file a petition to declare the minor person a ward of the court under Section 602 for a violation of Section 23140 or 23152 of the Vehicle Code. However, if in the judgment of the probation officer, the interest of the minor
person
and the community can be protected by adjudication of a violation of Section 23140 or 23152 of the Vehicle Code in accordance with subdivision (a), the probation officer shall proceed under subdivision (a).
SEC. 25.
Section 654.2 of the Welfare and Institutions Code is amended to read:654.2.
(a) If a petition has been filed by the prosecuting attorney to declare a(b) If the minor youth is eligible for Section 654 supervision, and the probation officer believes the minor youth would benefit from a program of supervision pursuant to this section, the probation officer may, in referring the affidavit described in Section 653.5 to the prosecuting attorney, recommend informal supervision as provided in this section.
(c) Any conditions imposed as part of probation shall be limited to those
that are consistent with subdivision (b) of Section 724.
SEC. 26.
Section 654.3 of the Welfare and Institutions Code is amended to read:654.3.
No(a) A petition alleges that the minor youth has violated an offense listed in subdivision (b) of
Section 707.
(b) A petition alleges that the minor
youth has sold or possessed for sale a controlled substance as defined in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code.
(c) A petition alleges that the minor youth has violated Section 11350 or 11377 of the Health and Safety Code where the violation takes place at a public or private elementary, vocational, junior high school, or high school, or a violation of Section 245.5, 626.9, or 626.10 of the Penal Code.
(d) A petition alleges that the minor
youth has violated Section 186.22 of the Penal Code.
(e) The minor youth has previously participated in a program of supervision pursuant to Section 654.
(f) The minor youth has previously been adjudged a ward of the court pursuant to Section 602.
(g) A petition alleges that the minor
youth has violated an offense in which the restitution owed to the victim exceeds one thousand dollars ($1,000). For purposes of this subdivision, the definition of “victim” in paragraph (1) of subdivision (a) of Section 730.6 and “restitution” in subdivision (h) of Section 730.6 shall apply.
(h) The minor youth is alleged to have committed a felony offense when the minor was at least 14 years of age. Except in unusual cases where the court determines the interest of justice would best be served by a proceeding pursuant to Section 654 or 654.2, a petition alleging that a minor
youth who is 14 years of age or over has committed a felony offense shall proceed under Article 20.5 (commencing with Section 790) or Article 17 (commencing with Section 675).
SEC. 27.
Section 654.6 of the Welfare and Institutions Code is repealed.A program of supervision pursuant to Section 654 or 654.2 for any minor described in Section 602 shall include constructive assignments that will help the minor learn to be responsible for his or her actions. The assignments may include, but not be limited to, requiring the minor to perform at least 10 hours of community service, requiring the minor to repair damaged property or to make other appropriate restitution, or requiring the minor to participate in an educational or counseling program.
SEC. 28.
Section 724 is added to the Welfare and Institutions Code, to read:724.
(a) For any youth adjudged a ward of the court, the court shall direct the probation department to develop an individualized treatment and rehabilitation plan that is family-centered, strength-based, and built around positive incentives and rewards. This plan shall incorporate strategies to help the youth understand the impact of the harm they caused to the victim and society.(b) Any conditions imposed as part of probation for any youth adjudged a ward of the court, shall be limited to those that are necessary for public safety, address the individual’s risk factors as determined by a research-based risk assessment and help facilitate successful completion of probation.
SEC. 29.
Section 725 of the Welfare and Institutions Code is amended to read:725.
After receiving and considering the evidence on the proper disposition of the case, the court may enter judgment as follows:(a) If the court has found that the minor youth is a person described by Section 601 or 602, by reason of the commission of an offense other than any of the offenses set forth in Section 654.3, it may, without adjudging the minor youth a ward of
the court, place the minor
youth on probation, under the supervision of the probation officer, for a period not to exceed six months. The minor’s youth’s probation shall include the only those conditions required in Section 729.2 except in any case in which the court makes a finding and states on the record its reasons that any of those conditions would be inappropriate. If the offense involved the unlawful possession, use, or furnishing of a controlled substance, as defined in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code, a violation of subdivision (f) of Section 647 of the Penal Code, or a violation
of Section 25662 of the Business and Professions Code, the minor’s probation shall include the conditions required by Section 729.10. If the minor fails to comply with the conditions of probation imposed, the court may order and adjudge the minor to be a ward of the court. that are consistent with subdivision (b) of Section 724.
(b) If the court has found that the minor youth is a person described by Section 601 or 602, it may order and adjudge the minor
youth to be a ward of the court.
(c) Any adjudged sentence shall not exceed the amount of time a person would have received had the person been convicted of the same or similar offense in criminal court.
SEC. 30.
Section 726 of the Welfare and Institutions Code is amended to read:726.
(a) In all cases in which a minor is adjudged a ward or dependent child of the court, the court may limit the control to be exercised over the ward or dependent child by any parent or guardian and shall, in its order, clearly and specifically set forth all those limitations, but no ward or dependent child shall be taken from the physical custody of a parent or guardian, unless upon the hearing the court finds one of the following facts:(1) That the parent or guardian is incapable of providing or has failed or neglected to provide proper maintenance, training, and education for the minor.
(2) That the minor has been tried on probation while in custody and has failed to reform.
(3) That the welfare of the minor requires that custody be taken from the minor’s parent or guardian.
(b) Whenever the court specifically limits the right of the parent or guardian to make educational or developmental services decisions for the minor, the court shall at the same time appoint a responsible adult to make educational or developmental services decisions for the child until one of the following occurs:
(1) The minor reaches 18 years of age, unless the child chooses not to make educational or developmental services decisions for himself or herself, themselves, or is deemed by the court to be incompetent.
(2) Another responsible adult is appointed to make educational or developmental services decisions for the minor pursuant to this section.
(3) The right of the parent or guardian to make educational or developmental services decisions for the minor is fully restored.
(4) A successor guardian or conservator is appointed.
(5) The child is placed into a planned permanent living arrangement pursuant to paragraph (5) or (6) of subdivision (b) of Section 727.3, at which time, for educational decisionmaking, the foster parent, relative caretaker, or nonrelative extended family member, as defined in Section 362.7, has the right to represent the child in educational matters pursuant to Section 56055 of the Education Code, and for decisions relating to developmental
services, unless the court specifies otherwise, the foster parent, relative caregiver, or nonrelative extended family member of the planned permanent living arrangement has the right to represent the child in matters related to developmental services.
(c) An individual who would have a conflict of interest in representing the child, as specified under federal regulations, may not be appointed to make educational decisions. The limitations applicable to conflicts of interest for educational rights holders shall also apply to authorized representatives for developmental services decisions pursuant to subdivision (b) of Section 4701.6. For purposes of this section, “an individual who would have a conflict of interest” means a person having any interests that might restrict or bias his or her
their ability to make educational or developmental services decisions, including, but not limited to, those conflicts of interest prohibited by Section 1126 of the Government Code, and the receipt of compensation or attorneys’ fees for the provision of services pursuant to this section. A foster parent may not be deemed to have a conflict of interest solely because he or she receives they receive compensation for the provision of services pursuant to this section.
(1) If the court limits the parent’s educational rights pursuant to subdivision (a), the court shall determine whether there is a responsible adult who is a relative, nonrelative extended family member, or other adult known to the child and who is
available and willing to serve as the child’s educational representative before appointing an educational representative or surrogate who is not known to the child.
If the court cannot identify a responsible adult who is known to the child and available to make educational decisions for the child and paragraphs (1) to (5), inclusive, of subdivision (b) do not apply, and the child has either been referred to the local educational agency for special education and related services or has a valid individualized education program, the court shall refer the child to the local educational agency for appointment of a surrogate parent pursuant to Section 7579.5 of the Government Code.
(2) All educational and school placement decisions shall seek to ensure that the child is in the least restrictive educational programs and has access to the academic resources, services, and extracurricular and enrichment
activities that are available to all pupils. In all instances, educational and school placement decisions shall be based on the best interests of the child. If an educational representative or surrogate is appointed for the child, the representative or surrogate shall meet with the child, shall investigate the child’s educational needs and whether those needs are being met, and shall, before each review hearing held under Article 10 (commencing with Section 360), provide information and recommendations concerning the child’s educational needs to the child’s social worker, make written recommendations to the court, or attend the hearing and participate in those portions of the hearing that concern the child’s education.
(3) Nothing in this section in any way removes the obligation to appoint surrogate parents for students with disabilities who are without parental representation in special education procedures as required by state and federal
law, including Section 1415(b)(2) of Title 20 of the United States Code, Section 56050 of the Education Code, Section 7579.5 of the Government Code, and Rule 5.650 of the California Rules of Court.
If the court appoints a developmental services decisionmaker pursuant to this section, he or she they shall have the authority to access the child’s information and records pursuant to subdivision (u) of Section 4514 and subdivision (y) of Section 5328, and to act on the child’s behalf for the purposes of the individual program plan process pursuant to Sections 4646, 4646.5, and 4648 and the fair hearing process pursuant to Chapter 7 (commencing with Section 4700) of Division 4.5, and as set forth in the court order.
(d) (1) If the minor is removed from the physical custody of his or her their parent or guardian as the result of an order of wardship made pursuant to Section 602, the order shall specify that the minor may not be held in physical confinement for a period in excess of the maximum term of imprisonment which could be imposed upon an adult convicted of the offense or offenses which brought or continued the minor under the jurisdiction of the juvenile court.
(2) As used in this section and in Section 731, “maximum term of imprisonment” means the longest
middle term of the three time periods set forth in paragraph (3) of subdivision (a) of Section 1170 of the Penal Code, but without the need to follow the provisions
of subdivision (b) of Section 1170 of the Penal Code or to consider including any time for good behavior or participation pursuant to Sections 2930, 2931, and 2932 of the Penal Code, plus enhancements which must be proven if pled. Code.
(3) If the court elects to aggregate the period of physical confinement on multiple counts or multiple petitions, including previously sustained petitions adjudging the minor a ward within Section 602, the “maximum term of imprisonment” shall be the aggregate term of imprisonment specified in subdivision (a) of Section 1170.1 of the Penal Code, which includes any additional term imposed pursuant to Section
667, 667.5, 667.6, or 12022.1 of the Penal Code, and Section 11370.2 of the Health and Safety Code.
(4) If the charged offense is a misdemeanor or a felony not included within the scope of Section 1170 of the Penal Code, the “maximum term of imprisonment” is the longest term of imprisonment prescribed by law.
(5) “Physical confinement” means placement in a juvenile hall, ranch, camp, forestry camp or secure juvenile home pursuant to Section 730, or in any institution operated by the Department of Corrections and Rehabilitation, Division of Juvenile Justice.
(6) This section does not limit the power of the court to retain jurisdiction over a minor and to make appropriate orders pursuant to Section 727 for the period permitted by Section 607.
SEC. 31.
Section 727 of the Welfare and Institutions Code is amended to read:727.
(a) (1) If a minor or nonminor is adjudged a ward of the court on the ground that the minor or nonminor is a(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 that are consistent with Section 724
as may be appropriate under this disposition. A minor or nonminor 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 or nonminor 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.
(3) In all other cases, the court shall order the care, custody, and control of the minor or nonminor to be under the supervision of the probation officer.
(4) It is the responsibility, pursuant to Section 672(a)(2)(B) of Title 42 of the United States Code, of the probation agency to determine the appropriate placement for the ward once the court issues a placement order. In determination of the appropriate placement for the ward, the probation officer shall consider any recommendations of the child and family. The probation agency may place the minor or nonminor 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 caregiver were the custodial parent of the minor.
(B) A foster home, the approved home of a resource family, as defined in Section 16519.5, or a home or facility in accordance with the federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.).
(C) A suitable licensed community care facility, as identified by the probation officer, except a youth homelessness prevention center licensed by the State Department of Social Services pursuant to Section 1502.35 of the Health and Safety Code.
(D) A foster family agency, as defined in subdivision (g) of Section 11400 and paragraph (4) of subdivision (a) of Section 1502 of the Health and Safety Code, in a suitable certified family
home or with a resource family.
(E) A minor or nonminor dependent may be placed in a group home or short-term residential therapeutic program, as defined in subdivision (ad) of Section 11400 and paragraph (18) of subdivision (a) of Section 1502 of the Health and Safety Code. The placing agency shall also comply with requirements set forth in paragraph (9) of subdivision (e) of Section 361.2, which includes, but is not limited to, authorization, limitation on length of stay, extensions, and additional requirements related to minors. For youth 13 years of age and older, the chief probation officer of the county probation department, or their designee, shall approve the placement if it is longer than 12 months, and no less frequently than every 12 months thereafter.
(F) (i) A minor adjudged a ward of the juvenile court shall be entitled to participate in
age-appropriate extracurricular, enrichment, and social activities. A state or local regulation or policy shall not 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 short-term residential therapeutic program or a group home administrator, a facility manager, or their 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 minor residing in foster care to participate in extracurricular, enrichment, and social activities. A short-term residential therapeutic program or a group home
administrator, a facility manager, or their responsible designee, and a caregiver shall take reasonable steps to determine the appropriateness of the activity taking into consideration the minor’s age, maturity, and developmental level. For every minor placed in a setting described in subparagraphs (A) through (E), inclusive, age-appropriate extracurricular, enrichment, and social activities shall include access to computer technology and the internet.
(ii) A short-term residential therapeutic program or a group home administrator, facility manager, or their responsible designee, is encouraged to consult with social work or treatment staff members who are most familiar with the minor at the group home in applying and using the reasonable and prudent parent standard.
(G) For nonminors, an approved supervised independent living setting, as defined in Section 11400, including a
residential housing unit certified by a licensed transitional housing placement provider.
(5) The minor or nonminor shall be released from juvenile detention upon an order being entered under paragraph (3), unless the court determines that a delay in the release from detention is reasonable pursuant to Section 737.
(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 (v) 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. The purpose of joinder under this section is to ensure the delivery and coordination of legally mandated services to the minor. The joinder shall not be maintained for any other purpose. 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 an individualized education program developed pursuant to Article 2 (commencing with Section 56320) of Chapter 4 of Part 30 of Division 4 of Title 2 of the Education 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 the minor 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.
(d) (1) 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), (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.
(2) 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 minor.
(e) The court may, after receipt of relevant testimony and other evidence from the parties, affirm or reject the placement determination. If the court rejects the placement determination, the court may instruct the probation department to determine an alternative placement for the ward, or the court may modify the placement order to an alternative placement recommended by a party to the case after the court has received the probation department’s assessment of that recommendation and other relevant evidence from the parties.
(f) The court shall direct the development of individual case plans for wards placed on probation to include an individualized family-centered, strength-based case plan built around positive incentives and rewards.
SEC. 32.
Section 729 of the Welfare and Institutions Code is repealed.If a minor is found to be a person described in Section 602 by reason of the commission of a battery on school property as described in Penal Code Section 243.5, and the court does not remove the minor from the physical custody of the parent or guardian, the court as a condition of probation, except in any case in which the court makes a finding and states on the record its reasons that the condition would be inappropriate, shall require the minor to make restitution to the victim of the battery. If restitution is found to be inappropriate, the court, except in any case in which the court makes a finding and states on the record its reasons that the condition would be inappropriate, shall require the minor to perform specified community service. Nothing in this section shall be construed to limit the authority of a juvenile court to provide conditions of probation.
SEC. 33.
Section 729.1 of the Welfare and Institutions Code is repealed.(a)(1)If a minor is found to be a person described in Section 602 by reason of the commission of a crime which takes place on a public transit vehicle, and the court does not remove the minor from the physical custody of the parent or guardian, the court as a condition of probation, except in any case in which the court makes a finding and states on the record its reasons that the condition would be inappropriate, shall require the minor to wash, paint, repair or replace the damaged or destroyed property, or otherwise make restitution to the property owner. If restitution is found to be inappropriate, the court, except in any case in which the court makes a finding and states on the record its reasons that the condition would be inappropriate, shall require the minor to perform specified community service. Nothing in this section shall be construed to limit the authority of a juvenile court to provide conditions of probation.
(2)In lieu of the community service required pursuant to paragraph (1), the court may, if a jurisdiction has adopted a graffiti abatement program as defined in subdivision (f) of Section 594 of the Penal Code, order the defendant, and his or her parents or guardians, as a condition of probation, to keep a specified property in the community free of graffiti for 90 days. Participation of a parent or guardian is not required under this paragraph if the court deems this participation to be detrimental to the defendant, or if the parent or guardian is a single parent who must care for young children.
(b)As used in subdivision (a), “public transit vehicle” means any motor vehicle, street car, trackless trolley, bus, shuttle, light rail system, rapid transit system, subway, train, taxi cab, or jitney, which transports members of the public for hire.
(c)The court may order any person ordered to perform community service or graffiti removal pursuant to subdivision (a) to undergo counseling.
SEC. 34.
Section 729.3 of the Welfare and Institutions Code is repealed.If a minor is found to be a person described in Section 601 or 602 and the court does not remove the minor from the physical custody of his or her parent or guardian, the court, as a condition of probation, may require the minor to submit to urine testing upon the request of a peace officer or probation officer for the purpose of determining the presence of alcohol or drugs.
SEC. 35.
Section 729.5 of the Welfare and Institutions Code is amended to read:729.5.
(a) If a petition alleges that a(b) The citation shall notify the parent or guardian that, at the hearing, the parent or guardian may be held liable for the payment of restitution if the minor is ordered to make restitution to the victim. The citation shall contain a warning that the failure to appear at the time and date stated may result in an order that the parent or guardian pay restitution up to the limits provided for in Sections 1714.1 and 1714.3 of the Civil Code.
(c) The hearing described in subdivision (b) may be held immediately following the disposition hearing or at a later date, at the option of the court.
(d) If the parent or guardian fails to appear pursuant to this section, the court may hold the parent or guardian jointly and severally liable with the minor for restitution, subject to the limitations
contained in subdivision (b).
(e) Execution may be issued on an order holding a parent or guardian jointly or severally liable with the minor for restitution in the same manner as on a judgment in a civil action, including any balance unpaid at the termination of the court’s jurisdiction over the minor.
(f) At any time prior to the full payment of restitution ordered pursuant to this section, a person held liable for payment of restitution may petition the court to modify or vacate the order based on a showing of change in circumstances.
(g) Service of the citation shall be made on all parents or guardians of the minor whose names and addresses are known to the petitioner.
(h) Service of the citation shall be made at least 10 days prior to the time and
date stated therein for appearance, in the manner provided by law for the service of a summons in a civil action, other than by publication.
(i) This section shall not apply to any case where a citation has been issued pursuant to Section 742.18.
(j) Nothing in this section shall be interpreted to make an insurer liable for a loss caused by the willful act of the insured or the insured’s dependents within the meaning of Section 533 of the Insurance Code.
(k) This section does not apply to foster parents.
SEC. 36.
Section 729.6 of the Welfare and Institutions Code is repealed.If a minor is found to be a person described in Section 602 by reason of the commission of an offense described in Section 241.2 or 243.2 of the Penal Code, the court shall, in addition to any other fine, sentence, or as a condition of probation, order the minor to attend counseling at the expense of the minor’s parents. The court shall take into consideration the ability of the minor’s parents consistent with Section 730.7 to pay, however, no minor shall be relieved of attending counseling because of the minor’s parents’ inability to pay for the counseling imposed by this section.
SEC. 37.
Section 729.7 of the Welfare and Institutions Code is repealed.At the request of the victim, the probation officer shall assist in mediating a service contract between the victim and the minor under which the amount of restitution owed to the victim by the minor pursuant to Section 729.6, as operative on or before August 2, 1995, or Section 730.6 may be paid by performance of specified services. If the court approves of the contract, the court may make performance of services under the terms of the contract a condition of probation. Successful performance of service shall be credited as payment of restitution in accordance with the terms of the contract approved by the court.
SEC. 38.
Section 729.8 of the Welfare and Institutions Code is repealed.(a)If a minor is found to be a person described in Section 602 by reason of the unlawful possession, use, sale, or other furnishing of a controlled substance, as defined in Chapter 2 (commencing with Section 11053) of the Health and Safety Code, an imitation controlled substance, as defined in Section 109550 of the Health and Safety Code, or toluene or a toxic, as described in Section 381 of the Penal Code, upon the grounds of any school providing instruction in kindergarten, or any of grades 1 to 12, inclusive, or any church or synagogue, playground, public or private youth center, child day care facility, or public swimming pool, during hours in which these facilities are open for business, classes, or school-related activities or programs, or at any time when minors are using the facility, the court, as a condition of probation, except in any case in which the court makes a finding and states on the record its reasons that the condition would be inappropriate, shall require the minor to perform not more than 100 hours of community service.
(b)The definitions contained in subdivision (e) of Section 11353.1 shall apply to this section.
(c)As used in this section, “community service” means any of the following:
(1)Picking up litter along public streets or highways.
(2)Cleaning up graffiti on school grounds or any public property.
(3)Performing services in a drug rehabilitation center.
SEC. 39.
Section 729.9 of the Welfare and Institutions Code is repealed.If a minor is found to be a person described in Section 602 by reason of the commission of an offense involving the unlawful possession, use, sale, or other furnishing of a controlled substance, as defined in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code, and, unless it makes a finding that this condition would not serve the interests of justice, the court, when recommended by the probation officer, shall require, as a condition of probation, in addition to any other disposition authorized by law, that the minor shall not use or be under the influence of any controlled substance and shall submit to drug and substance abuse testing as directed by the probation officer.
SEC. 40.
Section 750 of the Welfare and Institutions Code is amended to read:750.
(a) Whenever a petition is filed in the juvenile court of a county other than the residence of the person named in the petition, or whenever, subsequent to the filing of a petition in the juvenile court of the county where(b) Any youth who is not a minor living with their parent or legal guardian who is subject to a petition in the juvenile court or had a petition sustained by the juvenile court, must petition the court for permission to move to a different county
prior to establishing residency in another county. The probation department in the county of jurisdiction shall consider the request for a change of residence and make recommendations to court prior to any jurisdictional transfer orders being made.
SEC. 41.
Section 774 is added to the Welfare and Institutions Code, immediately preceding Section 775, to read:774.
Any petition to change or modify an order of the court shall indicate that a response matrix was considered to determine the least restrictive option appropriate.SEC. 42.
Section 777 of the Welfare and Institutions Code is amended to read:777.
An order changing or modifying a previous order by removing a(a) The notice shall be made as follows:
(1) By the probation officer where a minor has been declared a ward of the court or a
probationer under Section 601 in the original matter and shall contain a concise statement of facts sufficient to support the conclusion that the minor has violated an order of the court. court and that a response matrix has been considered pursuant to Section 774.
(2) By the probation officer or the prosecuting attorney if the minor youth is a court ward or probationer under Section 602 in the original matter and the notice alleges a violation of a condition of probation not amounting to a crime. The notice shall contain a concise statement of facts sufficient to
support this conclusion.
conclusion and that a response matrix has been considered pursuant to Section 774.
(3) Where the probation officer is the petitioner pursuant to paragraph (2), prior to the attachment of jeopardy at the time of the jurisdictional hearing, the prosecuting attorney may make a motion to dismiss the notice and may request that the matter be referred to the probation officer for whatever action the prosecuting or probation officer may deem appropriate.
(b) Upon the filing of such notice, the clerk of the juvenile court shall immediately set the same for hearing within 30 days, and the probation officer shall cause notice of it to be served upon the persons and in the manner prescribed by Sections 658 and 660. Service under this subdivision may be by electronic service pursuant to Section 212.5.
(c) The facts alleged in the notice shall be established by a preponderance of the evidence at a hearing to change, modify, or set aside a previous order. The court may admit and consider reliable hearsay evidence at the hearing to the same extent that such evidence would be admissible in an adult probation revocation hearing, pursuant to the decision in People v. Brown, 215 Cal.App.3d (1989) and any other relevant provision of law.
(d) An order for the detention of the minor youth pending adjudication of the alleged violation may be made only after a hearing is conducted pursuant to Article 15 (commencing with Section 625) of this chapter. Service under this subdivision may be by electronic
service pursuant to Section 212.5, but only in addition to other forms of service required by law.
SEC. 43.
Section 778 of the Welfare and Institutions Code is amended to read:778.
(a) (1) Any parent or other person having an interest in a(2) If it appears that the
best interests of the child
youth may be promoted by the proposed change of order or termination of jurisdiction, the court shall order that a hearing be held and shall give prior notice, or cause prior notice to be given, to such persons and by such means as prescribed by Sections 776 and 779, by electronic service pursuant to Section 212.5, and, in such instances as the means of giving notice is not prescribed by such sections, then by such means as the court prescribes.
(b) (1) Any person, including a ward, a transition dependent, or a nonminor dependent of the juvenile court, may petition the court to assert a relationship as a sibling related by blood, adoption, or affinity through a common legal or biological parent to a child who is, or is the subject of a petition for adjudication as, a ward of the juvenile court, and may request visitation with the ward, placement with or near the ward, or
consideration when determining or implementing a case plan or permanent plan for the ward.
(2) A ward, transition dependent, or nonminor dependent of the juvenile court may petition the court to assert a relationship as a sibling related by blood, adoption, or affinity through a common legal or biological parent to a child who is in the physical custody of a common legal or biological parent, and may request visitation with the nondependent sibling in parental custody.
(3) Pursuant to subdivision (b) of Section 16002, a request for sibling visitation may be granted unless it is determined by the court that sibling visitation is contrary to the safety and well-being of any of the siblings.
(4) The court may appoint a guardian ad litem to file the petition for a ward asserting a sibling relationship pursuant to this
subdivision if the court determines that the appointment is necessary for the best interests of the ward. The petition shall be verified and shall set forth the following:
(A) Through which parent he or she is they are related to the sibling.
(B) Whether he or she is
they are related to the sibling by blood, adoption, or affinity.
(C) The request or order that the petitioner is seeking.
(D) Why that request or order is in the best interest of the ward.
SEC. 44.
Section 790 of the Welfare and Institutions Code is amended to read:790.
(a) Notwithstanding Section 654 or 654.2, or any other provision of law, this article shall apply whenever a case is before the juvenile court for a determination of whether a(1) The minor youth has not previously been declared to be a ward of the
court for the commission of a felony offense.
(2) The offense charged is not one of the offenses enumerated in subdivision (b) of Section 707.
(3) The minor youth
has not previously been committed to the custody of the Department of Corrections and Rehabilitation, Division of Juvenile Facilities.
(4) The minor’s youth’s record does not indicate that probation has ever been revoked without being completed.
(5) The minor youth is at least 14 years of age at the time of the hearing.
(6) The minor
youth is eligible for probation pursuant to Section 1203.06 of the Penal Code.
(7) The offense charged is not rape, sodomy, oral copulation, or an act of sexual penetration specified in Section 289 of the Penal Code when the victim was prevented from resisting due to being rendered unconscious by any intoxicating, anesthetizing, or controlled substance, or when the victim was at the time incapable, because of mental disorder or developmental or physical disability, of giving consent, and that was known or reasonably should have been known to the minor youth at the time of the offense.
(b) The prosecuting attorney shall review his or her
their file to determine whether or not paragraphs (1) to (7), inclusive, of subdivision (a) apply. If the minor
youth is found eligible for deferred entry of judgment, the prosecuting attorney shall file a declaration in writing with the court or state for the record the grounds upon which the determination is based, and shall make this information available to the minor and his or her youth and their attorney. Upon a finding that the minor youth is also suitable for deferred entry of judgment and would benefit from education, treatment, and rehabilitation efforts, the court may grant deferred entry of judgment. Under this procedure, the court may set the hearing for deferred entry of judgment at
the initial appearance under Section 657. The court shall make findings on the record that a minor the youth is appropriate for deferred entry of judgment pursuant to this article in any case where deferred entry of judgment is granted.
SEC. 45.
Section 790.1 is added to the Welfare and Institutions Code, to read:790.1.
(a) For any youth found suitable for deferred entry of judgment pursuant to Section 790 the court shall direct the probation department to develop an individualized treatment and rehabilitation plan that is family-centered, strength-based, and built around positive incentives and rewards. The plan shall incorporate strategies to help the youth understand the impact of the harm they caused to the victim and society.(b) Any conditions imposed as part of probation pursuant to Section 790 shall be limited to those that are necessary for public safety, address the individual’s risk factors as determined by a research-based risk assessment, and help facilitate successful completion of probation.
SEC. 46.
Section 826 of the Welfare and Institutions Code is amended to read:826.
(a) After five years from the date on which the jurisdiction of the juvenile court over aThe juvenile court record, which includes all records and papers, any minute book entries, dockets and judgment dockets, shall be destroyed by order of the court as follows: when the person
who is the subject of the record reaches the age of 28 years, if the person was alleged or adjudged to be a person described by Section 300, when the person who is the subject of the record reaches the age of 21 years, if the person was alleged or adjudged to be a person described by Section 601, or when the person reaches the age of 38 years if the person was alleged or adjudged to be a person described by Section 602, unless for good cause the court determines that the juvenile record shall be retained, or unless the juvenile court record is released to the person who is the subject of the record pursuant to this section. However, a juvenile court record which is not permitted to be sealed pursuant to subdivision (f) of Section 781 shall not be destroyed pursuant to this section.
Any person who is the subject of a juvenile court record may by written notice request the juvenile court to release the court record to his or her
their custody. Wherever possible, the written notice shall include the person’s full name, the person’s date of birth, and the juvenile court case number. Any juvenile court receiving the written notice shall release the court record to the person who is the subject of the record five years after the jurisdiction of the juvenile court over the person has terminated, if the person was alleged or adjudged to be a person described by Section 300, or when the person reaches the age of 21 years, if the person was alleged or adjudged to be a person described by Section 601, unless for good cause the court determines that the record shall be retained. Exhibits shall be destroyed as provided under Section 1417 of the Penal Code. For the purpose of this section “destroy” means destroy or dispose of for the purpose of destruction. The proceedings in any case in which the juvenile court record is destroyed or released to the person who is the subject of the record pursuant to
this section shall be deemed never to have occurred, and the person may reply accordingly to any inquiry about the events in the case.
(b) If an individual whose juvenile court record has been destroyed or released under subdivision (a) discovers that any other agency still retains a record, the individual may file a petition with the court requesting that the records be destroyed. The petition will include the name of the agency and the type of record to be destroyed. The court shall order that such records also be destroyed unless for good cause the court determines to the contrary. The court shall send a copy of the order to each agency and each agency shall destroy records in its custody as directed by the order, and shall advise the court of its compliance. The court shall then destroy the copy of the petition, the order, and the notice of compliance from each agency. Thereafter, the proceedings in such case shall be deemed never to have
occurred.
(c) Juvenile court records in juvenile traffic matters, which include all records and papers, any minute book entries, dockets and judgment dockets, may be destroyed after five years from the date on which the jurisdiction of the juvenile court over a minor is terminated, or when the minor reaches the age of 21 years, if the person was alleged or adjudged to be a person described by Section 601. Prior to such destruction the original record may be microfilmed or photocopied. Every such reproduction shall be deemed and considered an original; and a transcript, exemplification or certified copy of any such reproduction shall be deemed and considered a transcript, exemplification or certified copy, as the case may be, of the original.
It is the intent of the Legislature to raise the age limit on California’s youth justice system.
