Bill Text: CA AB388 | 2013-2014 | Regular Session | Amended
NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Juveniles.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2014-09-29 - Chaptered by Secretary of State - Chapter 760, Statutes of 2014. [AB388 Detail]
Download: California-2013-AB388-Amended.html
Bill Title: Juveniles.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2014-09-29 - Chaptered by Secretary of State - Chapter 760, Statutes of 2014. [AB388 Detail]
Download: California-2013-AB388-Amended.html
BILL NUMBER: AB 388 AMENDED
BILL TEXT
AMENDED IN SENATE APRIL 29, 2014
AMENDED IN ASSEMBLY APRIL 29, 2013
AMENDED IN ASSEMBLY MARCH 19, 2013
INTRODUCED BY Assembly Member Chesbro
FEBRUARY 15, 2013
An act to amend Section 78211.5 of the Education Code,
relating to community colleges. An act to amend
Sections 1534 and 1536 of, and to add Section 1538.7 to, the Health
and Safety Code, and to amend Sections 241.1, 628, 628.1, 635, 636,
730.6, 4096.5, and 11469 of the Welfare and Institutions Code,
relating to juveniles.
LEGISLATIVE COUNSEL'S DIGEST
AB 388, as amended, Chesbro. Community colleges:
Seymour-Campbell Student Success Act of 2012.
Juveniles.
(1) The California Community Care Facilities Act provides for the
licensure and regulation of community care facilities, including
foster family homes and group homes, by the State Department of
Social Services. Existing law requires the department to conduct an
annual unannounced visit of a facility under certain circumstances,
including when an accusation against a licensee is pending. Existing
law also requires reports on the results of each inspection,
evaluation, or consultation to be kept on file in the department and
to be open to public inspection.
This bill would include when a group home or other facility
licensed to provide residential care to minors has a specified
occurrence of incidents in which law enforcement is called regarding
allegedly unlawful conduct by a minor residing in the facility as a
circumstance that requires the department to conduct an annual
unannounced visit of a facility. The bill would require the division
of the department with the reports on the results of an inspection
prompted by that circumstance to provide the reports to the division
of the department responsible for determining and auditing group home
rate classification levels and to any other public agency that has
certified the facility's program or any component of the facility's
program.
Existing law requires the department director, at least annually,
to publish and make available to interested persons a list covering
all licensed community care facilities, except as specified, and the
services for which each facility has been licensed or issued a
special permit.
This bill would require that the list for each licensed community
care facility that provides residential care for minors include
specified information, including the number of licensing complaints
and the number of law enforcement contacts made by the facility staff
or residents.
(2) Existing law requires the county probation department and the
child welfare services department to, pursuant to a jointly developed
written protocol, initially determine which status will serve the
best interest of a minor and the protection of society when the minor
appears to come within the description of a dependent of the court
and a ward of the court pursuant to specified provisions. Existing
law requires the juvenile court to determine which status is
appropriate for the minor after the recommendations of both
departments are presented to the court.
This bill would require, whenever a minor who is a dependent of
the court appears to come within the description of a ward of the
court, prior to the initial status determination by the court, if the
minor is in temporary custody of probation or detained in juvenile
hall, the county probation department to release the minor to the
minor's current foster parent, relative, guardian, group home
representative, other caregiver, or social worker. The bill would
also require, if the alleged conduct that appears to bring the
dependent minor within the description of a ward of the court occurs
in, or under the supervision of, a foster home, group home, or other
licensed facility that provides residential care for minors, the
county probation department and the child welfare services department
to consider, in making their determination and recommendation to the
court, whether the alleged conduct was within the scope of behaviors
to be managed or treated by the facility, as specified. The bill
would also require the consideration of whether the alleged conduct
was within the scope of behaviors to be managed or treated by the
facility, among other things, to be included in the protocols
developed by the county probation department and the child welfare
services department. By imposing additional duties on local
officials, the bill would create a state-mandated local program.
(3) Existing law requires the court to determine whether a minor
in custody pursuant to specified provisions shall be released from,
or detained in, custody, considering, among other things, whether it
is a matter of immediate and urgent necessity for the protection of
the minor or reasonably necessary for the protection of the person or
property of another that he or she be detained and whether
continuance in the home is contrary to the minor's welfare.
This bill would require that the court's decision to detain, if a
minor is a dependent of the court, not be based on the minor's status
as a dependent of the court or the child welfare services department'
s inability to provide a placement for the minor. The bill would
require, in certain circumstances, the court to order the child
welfare services department to place the minor in another licensed or
approved placement. By imposing additional duties on local
officials, the bill would create a state-mandated local program.
(4) Existing law requires the department, in consultation with
specified entities to develop performance standards and outcome
measures for determining the effectiveness of the care and
supervision provided by group homes under the Aid to Families with
Dependent Children-Foster Care program.
This bill would require, by January 1, 2016, the department, in
consultation with specified entities and persons, to develop
additional performance standards and outcome measures that require
group homes to implement programs and services to minimize law
enforcement contacts and delinquency petition filings arising in
group homes, as specified.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
Existing law establishes the California Community Colleges, under
the administration of the Board of Governors of the California
Community Colleges, as one of the segments of public postsecondary
education in this state.
Existing law, known as the Seymour-Campbell Student Success Act of
2012, was enacted for the purpose of increasing California community
college access and success by providing effective core matriculation
services of orientation, assessment and placement, counseling, and
other education planning services, and academic interventions.
Existing law provides that the focus of the act is on the entering
students' transition into college in order to provide a foundation
for student achievement and successful completion of students'
educational goals, with a priority toward serving students who enroll
to earn degrees, career technical certificates, transfer
preparation, or career advancement.
This bill would specify that nothing in the Seymour-Campbell
Student Success Act of 2012, is intended to preclude colleges from
providing courses and programs including, but not limited to,
professional development, development of language skills, and job
services for individuals with developmental disabilities, to the
extent resources are available for those purposes.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. It is the intent of the Legislature to
reduce the frequency of law enforcement involvement and delinquency
petitions arising from incident s at group homes and other
facilities licensed to provide residential care to dependent
children.
SEC. 2. Section 1534 of the Health and
Safety Code is amended to read:
1534. (a) (1) Every licensed community care facility shall be
subject to unannounced visits by the department. The department shall
visit these facilities as often as necessary to ensure the quality
of care provided.
(A) The department shall conduct an annual unannounced visit to a
facility under any of the following circumstances:
(i) When a license is on probation.
(ii) When the terms of agreement in a facility compliance plan
require an annual evaluation.
(iii) When an accusation against a licensee is pending.
(iv) When a facility requires an annual visit as a condition of
receiving federal financial participation.
(v) In order to verify that a person who has been ordered out of a
facility by the department is no longer at the facility.
(vi) When a group home, as defined in Section 1502, or other
facility licensed to provide residential care to minors has a
quarterly average of higher than one incident per month, for every 12
minors residing in the facility, in which law enforcement is called
regarding allegedly unlawful conduct by a minor residing in the
facility.
(B) (i) The department shall conduct annual unannounced visits to
no less than 20 percent of facilities not subject to an evaluation
under subparagraph (A). These unannounced visits shall be conducted
based on a random sampling methodology developed by the department.
(ii) If the total citations issued by the department exceed the
previous year's total by 10 percent, the following year the
department shall increase the random sample by an additional 10
percent of the facilities not subject to an evaluation under
subparagraph (A). The department may request additional resources to
increase the random sample by 10 percent.
(C) Under no circumstance shall the department visit a community
care facility less often than once every five years.
(D) In order to facilitate direct contact with group home clients,
the department may interview children who are clients of group homes
at any public agency or private agency at which the client may be
found, including, but not limited to, a juvenile hall, recreation or
vocational program, or a nonpublic school. The department shall
respect the rights of the child while conducting the interview,
including informing the child that he or she has the right not to be
interviewed and the right to have another adult present during the
interview.
(2) The department shall notify the community care facility in
writing of all deficiencies in its compliance with the provisions of
this chapter and the rules and regulations adopted pursuant to this
chapter, and shall set a reasonable length of time for compliance by
the facility.
(3) (A) Reports on the results of each
inspection, evaluation, or consultation shall be kept on file in the
department, and all inspection reports, consultation reports, lists
of deficiencies, and plans of correction shall be open to public
inspection.
(B) If an inspection is required pursuant to clause (vi) of
subparagraph (A) of paragraph (1), the division of the department
with the reports on the results of each inspection shall provide the
reports to the division of the department responsible for determining
and auditing group home rate classification levels and to any other
public agency that has certified the facility's program or any
component of the facility's program, including, but not limited to,
the State Department of Health Care Services, which certifies group
homes pursuant to Section 4096.5 of the Welfare & Institutions Code.
(b) (1) Nothing in this This section
shall n ot limit the authority of the
department to inspect or evaluate a licensed foster family agency, a
certified family home, or any aspect of a program where a licensed
community care facility is certifying compliance with licensing
requirements.
(2) Upon a finding of noncompliance by the department, the
department may require a foster family agency to deny or revoke the
certificate of approval of a certified family home, or take other
action the department may deem necessary for the protection of a
child placed with the family home. The family home shall be afforded
the due process provided pursuant to this chapter.
(3) If the department requires a foster family agency to deny or
revoke the certificate of approval, the department shall serve an
order of denial or revocation upon the certified or prospective
foster parent and foster family agency that shall notify the
certified or prospective foster parent of the basis of the department'
s action and of the certified or prospective foster parent's right to
a hearing.
(4) Within 15 days after the department serves an order of denial
or revocation, the certified or prospective foster parent may file a
written appeal of the department's decision with the department. The
department's action shall be final if the certified or prospective
foster parent does not file a written appeal within 15 days after the
department serves the denial or revocation order.
(5) The department's order of the denial or revocation of the
certificate of approval shall remain in effect until the hearing is
completed and the director has made a final determination on the
merits.
(6) A certified or prospective foster parent who files a written
appeal of the department's order with the department pursuant to this
section shall, as part of the written request, provide his or her
current mailing address. The certified or prospective foster parent
shall subsequently notify the department in writing of any change in
mailing address, until the hearing process has been completed or
terminated.
(7) Hearings held pursuant to this section shall be conducted in
accordance with Chapter 5 (commencing with Section 11500) of
Part 1 of Division 3 of Title 2 of the Government Code. In all
proceedings conducted in accordance with this section
section, the standard of proof shall be by a
preponderance of the evidence.
(8) The department may institute or continue a disciplinary
proceeding against a certified or prospective foster parent upon any
ground provided by this section, enter an order denying or revoking
the certificate of approval, or otherwise take disciplinary action
against the certified or prospective foster parent, notwithstanding
any resignation, withdrawal of application, surrender of the
certificate of approval, or denial or revocation of the certificate
of approval by the foster family agency.
(9) A foster family agency's failure to comply with the department'
s order to deny or revoke the certificate of employment by placing or
retaining children in care shall be grounds for disciplining the
licensee pursuant to Section 1550.
SEC. 3. Section 1536 of the Health and
Safety Code is amended to read:
1536. (a) (1) At least annually, the
director shall publish and make available to interested persons a
list or lists covering all licensed community care facilities, other
than foster family homes and certified family homes of foster family
agencies providing 24-hour care for six or fewer foster children, and
the services for which each facility has been licensed or issued a
special permit.
(2) For a licensed community care facility described in paragraph
(1) that provides residential care for minors, the list shall include
both of the following:
(A) The number of licensing complaints, types of complaint, and
outcomes of complaints, including citations, fines, exclusion orders,
license suspensions, revocations, and surrenders.
(B) The number of law enforcement contacts made by the facility
staff or residents, the type of incident, whether staff, residents,
or both were involved, the gender, race, ethnicity, and age of
residents involved, and the outcomes, including arrests, removals of
residents from placement, and termination or suspension of staff.
(b) Subject to subdivision (c), to encourage the recruitment of
foster family homes and certified family homes of foster family
agencies, protect their personal privacy, and to preserve the
security and confidentiality of the placements in the homes, the
names, addresses, and other identifying information of facilities
licensed as foster family homes and certified family homes of foster
family agencies providing 24-hour care for six or fewer children
shall be considered personal information for purposes of the
Information Practices Act of 1977 (Chapter 1 (commencing with Section
1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code). This
information shall not be disclosed by any state or local agency
pursuant to the California Public Records Act (Chapter 3.5
(commencing with Section 6250) of Division 7 of Title 1 of the
Government Code) except as necessary for administering the licensing
program, facilitating the placement of children in these facilities,
and providing names and addresses only to bona fide professional
foster parent organizations upon request.
(c) Notwithstanding subdivision (b), the department, a county, or
a foster family agency may request information from, or divulge
information to, the department, a county, or a foster family agency,
regarding a prospective certified parent, foster parent, or relative
caregiver for the purpose of, and as necessary to, conduct a
reference check to determine whether it is safe and appropriate to
license, certify, or approve an applicant to be a certified parent,
foster parent, or relative caregiver.
(d) The department may issue a citation and, after the issuance of
that citation, may assess a civil penalty of fifty dollars ($50) per
day for each instance of a foster family agency's failure to provide
the department with the information required by subdivision (h) of
Section 88061 of Title 22 of the California Code of Regulations.
(e) The Legislature encourages the department, when funds are
available for this purpose, to develop a database that would include
all of the following information:
(1) Monthly reports by a foster family agency regarding family
homes.
(2) A log of family homes certified and decertified, provided by a
foster family agency to the department.
(3) Notification by a foster family agency to the department
informing the department of a foster family agency's determination to
decertify a certified family home due to any of the following
actions by the certified family parent:
(A) Violating licensing rules and regulations.
(B) Aiding, abetting, or permitting the violation of licensing
rules and regulations.
(C) Conducting oneself in a way that is inimical to the health,
morals, welfare, or safety of a child placed in that certified family
home.
(D) Being convicted of a crime while a certified family parent.
(E) Knowingly allowing any child to have illegal drugs or alcohol.
(F) Committing an act of child abuse or neglect or an act of
violence against another person.
SEC. 4. Section 1538.7 is added to the
Health and Safety Code , to read:
1538.7. A group home or other facility licensed to provide
residential care to minors shall report to the department's Community
Care Licensing Division upon the occurrence of any incident
concerning a resident of the facility involving contact with law
enforcement. At least quarterly, the facility shall provide a
follow-up report for each incident involving law enforcement,
including the type of incident, whether staff, residents, or both
were involved, the gender, race, ethnicity, and age of residents
involved, and the outcomes, including arrests, removals of residents
from placement, and termination or suspension of staff.
SEC. 5. Section 241.1 of the Welfare
and Institutions Code is amended to read:
241.1. (a) (1) Whenever a minor appears to
come within the description of both Section 300 and Section 601 or
602, the county probation department and the child welfare services
department shall, pursuant to a jointly developed written protocol
described in subdivision (b), initially determine which status will
serve the best interests of the minor and the protection of society.
The recommendations of both departments shall be presented to the
juvenile court with the petition that is filed on behalf of the
minor, and the court shall determine which status is appropriate for
the minor. Any other juvenile court having jurisdiction over the
minor shall receive notice from the court, within five calendar days,
of the presentation of the recommendations of the departments. The
notice shall include the name of the judge to whom, or the courtroom
to which, the recommendations were presented.
(2) Whenever a minor who is a dependent of the court pursuant to
Section 300 appears to come within the description of Section 601 or
602, prior to the initial status determination by the court required
in paragraph (1), both of the following shall occur:
(A) If the minor is in the temporary custody of probation or
detained in juvenile hall, the county probation department shall
release the minor to the minor's current foster parent, relative,
guardian, group home representative, other caregiver, or social
worker pursuant to Section 628 or 628.1.
(B) If the alleged conduct that appears to bring the dependent
minor within the description of Section 601 or 602 occurs in, or
under the supervision of, a foster home, group home, or other
licensed facility that provides residential care for minors, the
county probation department and the child welfare services department
shall consider whether the alleged conduct was within the scope of
behaviors to be managed or treated by the foster home or facility, as
identified in the minor's case plan, needs and services plan,
placement agreement, facility plan of operation, or facility
emergency intervention plan, in determining which status will serve
the best interests of the minor and the protection of society
pursuant to paragraph (1).
(b) (1) The probation department and the child welfare services
department in each county shall jointly develop a written protocol to
ensure appropriate local coordination in the assessment of a minor
described in subdivision (a), and the development of recommendations
by these departments for consideration by the juvenile court.
(2) These protocols shall require, but not be limited to,
consideration of the nature of the referral, the age of the minor,
the prior record of the minor's parents for child abuse, the prior
record of the minor for out-of-control or delinquent behavior, the
parents' cooperation with the minor's school, the minor's functioning
at school, the nature of the minor's home environment, and the
records of other agencies that have been involved with the minor and
his or her family. The protocols also shall contain provisions for
resolution of disagreements between the probation and child welfare
services departments regarding the need for dependency or ward status
and provisions for determining the circumstances under which filing
a new petition is required to change the minor's status.
(3) For a minor who is a dependent of the court pursuant to
Section 300 and then appears to come within the description of
Section 601 or 602, the protocols shall require, but not be limited
to, immediate notification of the child welfare services department
and the minor's dependency attorney upon referral to probation,
procedures for release to, and placement by, the child welfare
services department pending resolution of the determination pursuant
to this section, timelines for dependents in secure custody to ensure
speedy resolution of the determination pursuant to this section for
detained dependents, consideration of whether the alleged conduct
occurred in, or under the supervision of, a foster home, group home,
or other licensed residential facilities serving minors, and if so,
whether the alleged conduct is within the scope of behaviors
identified in the minor's case plan, needs and services plan,
placement agreement, or the facility's plan of operation, or the
facility's emergency intervention plan as behavior to be managed or
treated by the home or facility, and nondiscrimination provisions to
ensure that dependents are provided with any option that would
otherwise be available to a nondependent minor.
(3)
(4) The protocols shall contain the following processes:
(A) A process for determining which agency and court shall
supervise a child whose jurisdiction is modified from delinquency
jurisdiction to dependency jurisdiction pursuant to paragraph (2) of
subdivision (b) of Section 607.2 or subdivision (i) of Section 727.2.
(B) A process for determining which agency and court shall
supervise a nonminor dependent under the transition jurisdiction of
the juvenile court.
(C) A process that specifically addresses the manner in which
supervision responsibility is determined when a nonminor dependent
becomes subject to adult probation supervision.
(c) Whenever a minor who is under the jurisdiction of the juvenile
court of a county pursuant to Section 300, 601, or 602 is alleged to
come within the description of Section 300, 601, or 602 by another
county, the county probation department or child welfare services
department in the county that has jurisdiction under Section 300,
601, or 602 and the county probation department or child welfare
services department of the county alleging the minor to be within one
of those sections shall initially determine which status will best
serve the best interests of the minor and the protection of society.
The recommendations of both departments shall be presented to the
juvenile court in which the petition is filed on behalf of the minor,
and the court shall determine which status is appropriate for the
minor. In making their recommendation to the juvenile court, the
departments shall conduct an assessment consistent with the
requirements of subdivision (b). Any other juvenile court having
jurisdiction over the minor shall receive notice from the court in
which the petition is filed within five calendar days of the
presentation of the recommendations of the departments. The notice
shall include the name of the judge to whom, or the courtroom to
which, the recommendations were presented.
(d) Except as provided in subdivision (e), nothing in
this section shall be construed to
not authorize the filing of a petition or petitions, or the
entry of an order by the juvenile court, to make a minor
simultaneously both a dependent child and a ward of the court.
(e) Notwithstanding subdivision (d), the probation department and
the child welfare services department, in consultation with the
presiding judge of the juvenile court, in any county may create a
jointly written protocol to allow the county probation department and
the child welfare services department to jointly assess and produce
a recommendation that the child be designated as a dual status child,
allowing the child to be simultaneously a dependent child and a ward
of the court. This protocol shall be signed by the chief probation
officer, the director of the county social services agency, and the
presiding judge of the juvenile court prior to its implementation.
No A juvenile court may
shall not order that a child is simultaneously a
dependent child and a ward of the court pursuant to this subdivision
unless and until the required protocol has been created and entered
into. This protocol shall include all of the following:
(1) A description of the process to be used to determine whether
the child is eligible to be designated as a dual status child.
(2) A description of the procedure by which the probation
department and the child welfare services department will assess the
necessity for dual status for specified children and the process to
make joint recommendations for the court's consideration prior to
making a determination under this section. These recommendations
shall ensure a seamless transition from wardship to dependency
jurisdiction, as appropriate, so that services to the child are not
disrupted upon termination of the wardship.
(3) A provision for ensuring communication between the judges who
hear petitions concerning children for whom dependency jurisdiction
has been suspended while they are within the jurisdiction of the
juvenile court pursuant to Section 601 or 602. A judge may
communicate by providing a copy of any reports filed pursuant to
Section 727.2 concerning a ward to a court that has jurisdiction over
dependency proceedings concerning the child.
(4) A plan to collect data in order to evaluate the protocol
pursuant to Section 241.2.
(5) Counties that exercise the option provided for in this
subdivision shall adopt either an "on-hold" system as described in
subparagraph (A) or a "lead court/lead agency" system as described in
subparagraph (B). In no case shall there
There shall not be any simultaneous or duplicative case
management or services provided by both the county probation
department and the child welfare services department. It is the
intent of the Legislature that judges, in cases in which more than
one judge is involved, shall not issue conflicting orders.
(A) In counties in which an on-hold system is adopted, the
dependency jurisdiction shall be suspended or put on hold while the
child is subject to jurisdiction as a ward of the court. When it
appears that termination of the court's jurisdiction, as established
pursuant to Section 601 or 602, is likely and that reunification of
the child with his or her parent or guardian would be detrimental to
the child, the county probation department and the child welfare
services department shall jointly assess and produce a recommendation
for the court regarding whether the court's dependency jurisdiction
shall be resumed.
(B) In counties in which a lead court/lead agency system is
adopted, the protocol shall include a method for identifying which
court or agency will be the lead court/lead agency. That court or
agency shall be responsible for case management, conducting
statutorily mandated court hearings, and submitting court reports.
(f) Whenever the court determines pursuant to this section or
Section 607.2 or 727.2 that it is necessary to modify the court's
jurisdiction over a dependent or ward who was removed from his or her
parent or guardian and placed in foster care, the court shall ensure
that all of the following conditions are met:
(1) The petition under which jurisdiction was taken at the time
the dependent or ward was originally removed is not dismissed until
the new petition has been sustained.
(2) The order modifying the court's jurisdiction contains all of
the following provisions:
(A) Reference to the original removal findings and a statement
that findings that continuation in the home is contrary to the child'
s welfare, and that reasonable efforts were made to prevent removal,
remain in effect.
(B) A statement that the child continues to be removed from the
parent or guardian from whom the child was removed under the original
petition.
(C) Identification of the agency that is responsible for placement
and care of the child based upon the modification of jurisdiction.
SEC. 6. Section 628 of the Welfare and
Institutions Code is amended to read:
628. (a) Upon Except as provided in
subdivision (b), upon delivery to the probation officer of a
minor who has been taken into temporary custody under the provisions
of this article, the probation officer shall immediately investigate
the circumstances of the minor and the facts surrounding his or her
being taken into custody and shall immediately release the minor to
the custody of his or her parent, legal guardian, or responsible
relative unless it can be demonstrated upon the evidence before the
court that continuance in the home is contrary to the minor's welfare
and one or more of the following conditions exist:
(1) The minor is in need of proper and effective parental care or
control and has no parent, legal guardian, or responsible relative;
or has no parent, legal guardian, or responsible relative willing to
exercise or capable of exercising that care or control; or has no
parent, legal guardian, or responsible relative actually exercising
that care or control.
(2) The minor is destitute or destitute,
is not provided with the necessities of life
life, or is not provided with a home or suitable place of
abode.
(3) The minor is provided with a home which
that is an unfit place for him or her by reason of
neglect, cruelty, depravity or physical abuse by either of his or her
parents, or by his or her legal guardian ,
or other by another person in
whose custody or care he or she is entrusted.
(4) Continued detention of the minor 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.
(5) The minor is likely to flee the jurisdiction of the court.
(6) The minor has violated an order of the juvenile court.
(7) The minor is physically dangerous to the public because of a
mental or physical deficiency, disorder
disorder, or abnormality.
(b) Upon delivery to the probation officer of a minor who is a
dependent of the court pursuant to Section 300 and who has been taken
into temporary custody pursuant to this article, the probation
officer shall immediately investigate the circumstances of the minor
and the facts surrounding his or her being taken
into custody and shall release the minor to
the custody of the minor's current foster parent, relative,
guardian, group home representative, other caregiver, or social
worker unless it can be demonstrated upon the evidence before the
court that one or more of the following conditions exist:
(1) Continued detention of the minor 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.
(2) The minor is likely to flee the jurisdiction of the court.
(3) The minor has violated an order of the juvenile court.
(b)
(c) 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, then 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 home.
(c)
(d) In any case in which there is reasonable cause for
believing that a minor 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 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 is at the office of the
physician or surgeon or that medical facility.
(d)
(e) (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
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 or approved relative or
nonrelative extended family member as defined in Section 362.7, 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 This section shall be construed to
not delay foster care placement for an
individual child.
SEC. 7. Section 628.1 of the Welfare
and Institutions Code is amended to read:
628.1. (a) If the minor meets one or more
of the criteria for detention under Section 628, but the probation
officer believes that 24-hour secure detention is not necessary in
order to protect the minor or the person or property of another, or
to ensure that the minor does not flee the jurisdiction of the court,
the probation officer shall proceed according to this section.
Unless
(b) 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
the minor to his or her parent, guardian, or
responsible relative on home supervision. If the minor is a
dependent of the court pursuant to Section 300, the probation officer
shall release the minor to the minor's current foster parent,
relative, guardian, group home representative, other caregiver, or
social worker. As a condition for such
the release, the probation officer shall require the minor to
sign a written promise that he or she understands 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
, foster parent, other caregiver, or social worker to sign
a written promise, translated into a language the parent
understands, if necessary, that he or she understands 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
that he or she has promised in writing to obey may be taken
into custody and placed in secure detention, subject to court review
at a detention hearing.
A
(c) A minor on home supervision
shall be entitled to the same legal protections as a minor in secure
detention, including a detention hearing.
SEC. 8. Section 635 of the Welfare and
Institutions Code is amended to read:
635. (a) The court will examine the minor,
his or her parent, legal guardian, or other person having relevant
knowledge, hear relevant evidence the minor, his or her parent, legal
guardian, or counsel desires to present, and, unless it appears that
the minor has violated an order of the juvenile court or has escaped
from the commitment of the juvenile court or that it is a matter of
immediate and urgent necessity for the protection of the minor or
reasonably necessary for the protection of the person or property of
another that he or she be detained or that the minor is likely to
flee to avoid the jurisdiction of the court, the court shall make its
order releasing the minor from custody.
The
(b) (1) The
circumstances and gravity of the alleged offense may be considered,
in conjunction with other factors, to determine whether it is a
matter of immediate and urgent necessity for the protection of the
minor or reasonably necessary for the protection of the person or
property of another that the minor be detained.
(2) If a minor is a dependent of the court pursuant to Section
300, the court's decision to detain shall not be based on the minor's
status as a dependent of the court or the child welfare services
department's inability to provide a placement for the minor.
The
(c) (1) The
court shall order release of the minor from custody unless a prima
facie showing has been made that the minor is a person described in
Section 601 or 602.
(2) If the court orders release of a minor who is a dependent of
the court pursuant to Section 300, the court shall order the child
welfare services department either to ensure that the minor's current
foster parent or other caregiver takes physical custody of the minor
or to take physical custody of the minor and place the minor in a
licensed or approved placement.
If
(d) If the probation officer has
reason to believe that the minor is at-risk
at risk of entering foster care placement as defined
by described in Section 11402, then the
probation officer shall submit a written report to the court
containing all of the following: the
(1) The reasons why the minor has
been removed from the parent's custody; any
custody.
(2) Any prior referrals for abuse
or neglect of the minor or any prior filings regarding the minor
pursuant to Section 300; the
300.
(3) The need, if any, for
continued detention; the detention.
(4) The available services that
could facilitate the return of the minor to the custody of the minor'
s parents or guardians; and whether
guardians.
(5) Whether there are any
relatives who are able and willing to provide effective care and
control over the minor.
SEC. 9. Section 636 of the Welfare and
Institutions Code is amended to read:
636. (a) If it appears upon the hearing that the minor has
violated an order of the juvenile court or has escaped from a
commitment of the juvenile court or that it is a matter of immediate
and urgent necessity for the protection of the minor or reasonably
necessary for the protection of the person or property of another
that he or she be detained or that the minor is likely to flee to
avoid the jurisdiction of the court, and that continuance in the home
is contrary to the minor's welfare, the court may make its order
that the minor be detained in the juvenile hall or other suitable
place designated by the juvenile court for a period not to exceed 15
judicial days and shall enter said the
order together with its findings of fact in support thereof in the
records of the court. The circumstances and gravity of the alleged
offense may be considered, in conjunction with other factors, to
determine whether it is a matter of immediate and urgent necessity
for the protection of the minor or the person or property of another
that the minor be detained. If a minor is a dependent of the
court pursuant to Section 300, the court's decision to detain shall
not be based on the minor's status as a dependent of the c
ourt or the child welfare services department's inability
to provide a placement for the minor.
(b) If the court finds that the criteria of Section 628.1 are
applicable, the court shall place the minor on home supervision for a
period not to exceed 15 judicial days, and shall enter the order
together with its findings of fact in support thereof in the records
of the court. If the court releases the minor on home supervision,
the court may continue, modify, or augment any conditions of release
previously imposed by the probation officer, or may impose new
conditions on a minor released for the first time. If there are new
or modified conditions, the minor shall be required to sign a written
promise to obey those conditions pursuant to Section 628.1.
(c) If the probation officer is recommending that the minor be
detained, the probation officer shall submit to the court
documentation, as follows:
(1) Documentation that continuance in the home is contrary to the
minor's welfare shall be submitted to the court as part of the
detention report prepared pursuant to Section 635.
(2) Documentation that reasonable efforts were made to prevent or
eliminate the need for removal of the minor from the home and
documentation of the nature and results of the services provided
shall be submitted to the court either as part of the detention
report prepared pursuant to Section 635, or as part of a case plan
prepared pursuant to Section 636.1, but in no case later than 60 days
from the date of detention.
(d) Before Except as provided in
subdivision (e), before detaining the minor, the court shall
determine whether continuance in the home is contrary to the minor's
welfare and whether there are available services that would prevent
the need for further detention. The court shall make that
determination on a case-by-case basis and shall make reference to the
documentation provided by the probation officer or other evidence
relied upon in reaching its decision.
(1) If the minor can be returned to the custody of his or her
parent or legal guardian at the detention hearing, through the
provision of services to prevent removal, the court shall release the
minor to the physical custody of his or her parent or legal guardian
and order that those services be provided.
(2) If the minor cannot be returned to the custody of his or her
parent or legal guardian at the detention hearing, the court shall
state the facts upon which the detention is based. The court shall
make the following findings on the record and reference the probation
officer's report or other evidence relied upon to make its
determinations:
(A) Whether continuance in the home of the parent or legal
guardian is contrary to the minor's welfare.
(B) Whether reasonable efforts have been made to safely maintain
the minor in the home of his or her parent or legal guardian and to
prevent or eliminate the need for removal of the minor from his or
her home. This finding shall be made at the detention hearing if
possible, but in no case later than 60 days following the minor's
removal from the home.
(3) If the minor cannot be returned to the custody of his or her
parent or legal guardian at the detention hearing, the court shall
make the following orders:
(A) The probation officer shall provide services as soon as
possible to enable the minor's parent or legal guardian to obtain any
assistance as may be needed to enable the parent or guardian to
effectively provide the care and control necessary for the minor to
return to the home.
(B) The minor's placement and care shall be the responsibility of
the probation department pending disposition or further order of the
court.
(4) If the matter is set for rehearing pursuant to Section 637, or
continued pursuant to Section 638, or continued for any other
reason, the court shall find that the continuance of the minor in the
parent's or guardian's home is contrary to the minor's welfare at
the initial petition hearing or order the release of the minor from
custody.
(e) For a minor who is a dependent of the court pursuant to
Section 300, the court's decision to detain the minor shall not be
based on a finding that continuance in the minor's current placement
is contrary to the minor's welfare. If the court determines that
continuance in the minor's current placement is contrary to the minor'
s welfare, the court shall order the child welfare services
department to place the minor in another licensed or approved
placement.
(e)
(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) .
SEC. 10. Section 730.6 of the Welfare
and Institutions Code is amended to read:
730.6. (a) (1) It is the intent of the Legislature that a victim
of conduct for which a minor is found to be a person described in
Section 602 who incurs any economic loss as a result of the minor's
conduct shall receive restitution directly from that minor.
(2) Upon a minor being found to be a person described in Section
602, the court shall consider levying a fine in accordance with
Section 730.5. In addition, the court shall order the minor to pay,
in addition to any other penalty provided or imposed under the law,
both of the following:
(A) A restitution fine in accordance with subdivision (b).
(B) Restitution to the victim or victims, if any, in accordance
with subdivision (h).
(b) In every case where If a minor
is found to be a person described in Section 602, the court shall
impose a separate and additional restitution fine. The restitution
fine shall be set at the discretion of the court and commensurate
with the seriousness of the offense as follows:
(1) If the minor is found to be a person described in Section 602
by reason of the commission of one or more felony offenses, the
restitution fine shall not be less than one hundred dollars ($100)
and not more than one thousand dollars ($1,000). A separate hearing
for the fine shall not be required.
(2) If the minor is found to be a person described in Section 602
by reason of the commission of one or more misdemeanor offenses, the
restitution fine shall not exceed one hundred dollars ($100). A
separate hearing for the fine shall not be required.
(c) The restitution fine shall be in addition to any other
disposition or fine imposed and shall be imposed regardless of the
minor's inability to pay. This fine shall be deposited in the
Restitution Fund, the proceeds of which shall be distributed
pursuant to Section 13967 of the Government Code.
Fund.
(d) (1) In setting the amount of the fine pursuant to subparagraph
(A) of paragraph (2) of subdivision (a), the court shall consider
any relevant factors including, but not limited to, the minor's
ability to pay, the seriousness and gravity of the offense and the
circumstances of its commission, any economic gain derived by the
minor as a result of the offense, and the extent to which others
suffered losses as a result of the offense. The losses may include
pecuniary losses to the victim or his or her dependents as well as
intangible losses such as psychological harm caused by the offense.
(2) The consideration of a minor's ability to pay may include his
or her future earning capacity. A minor shall bear the burden of
demonstrating a lack of his or her ability to pay.
(e) Express findings of the court as to the factors bearing on the
amount of the fine shall not be required.
(f) Except as provided in subdivision (g), under no circumstances
shall the court fail to impose the separate and additional
restitution fine required by subparagraph (A) of paragraph (2) of
subdivision (a). This fine shall not be subject to penalty
assessments pursuant to Section 1464 of the Penal Code.
(g) (1) In a case in which the minor is a
person described in Section 602 by reason of having committed a
felony offense, if the court finds that there are compelling and
extraordinary reasons, the court may waive imposition of the
restitution fine required by subparagraph (A) of paragraph (2) of
subdivision (a). When a waiver is granted, the court shall state on
the record all reasons supporting the waiver.
(2) If the minor is a person described in paragraph (2) of
subdivision (a) of Section 241.1, the court shall waive imposition of
the restitution fine required by subparagraph (A) of paragraph (2)
of subdivision (a).
(h) (1) Restitution ordered pursuant to
subparagraph (B) of paragraph (2) of subdivision (a) shall be imposed
in the amount of the losses, as determined. If the amount of loss
cannot be ascertained at the time of sentencing, the restitution
order shall include a provision that the amount shall be determined
at the direction of the court at any time during the term of the
commitment or probation. The court shall order full restitution
unless it finds compelling and extraordinary reasons for not doing
so, and states them on the record. A minor's inability to pay shall
not be considered a compelling or extraordinary reason not to impose
a restitution order, nor shall inability to pay be a consideration in
determining the amount of the restitution order. A restitution order
pursuant to subparagraph (B) of paragraph (2) of subdivision (a), to
the extent possible, shall identify each victim, unless the court
for good cause finds that the order should not identify a victim or
victims, and the amount of each victim's loss to which it pertains,
and shall be of a dollar amount sufficient to fully reimburse the
victim or victims for all determined economic losses incurred as the
result of the minor's conduct for which the minor was found to be a
person described in Section 602, including all of the following:
(1)
(A) Full or partial payment for the value of stolen or
damaged property. The value of stolen or damaged property shall be
the replacement cost of like property, or the actual cost of
repairing the property when repair is possible.
(2)
(B) Medical expenses.
(3)
(C) Wages or profits lost due to injury incurred by the
victim, and if the victim is a minor, wages or profits lost by the
minor's parent, parents, guardian, or guardians, while caring for the
injured minor. Lost wages shall include any commission income as
well as any base wages. Commission income shall be established by
evidence of commission income during the 12-month period prior to the
date of the crime for which restitution is being ordered, unless
good cause for a shorter time period is shown.
(4)
(D) Wages or profits lost by the victim, and if the
victim is a minor, wages or profits lost by the minor's parent,
parents, guardian, or guardians, due to time spent as a witness or in
assisting the police or prosecution. Lost wages shall include any
commission income as well as any base wages. Commission income shall
be established by evidence of commission income during the 12-month
period prior to the date of the crime for which restitution is being
ordered, unless good cause for a shorter time period is shown.
A
(2) A minor shall have the right
to a hearing before a judge to dispute the determination of the
amount of restitution. The court may modify the amount on its own
motion or on the motion of the district attorney, the victim or
victims, or the minor. If a motion is made for modification of a
restitution order, the victim shall be notified of that motion at
least 10 days prior to the hearing on the motion. When the amount of
victim restitution is not known at the time of disposition, the court
order shall identify the victim or victims, unless the court finds
for good cause that the order should not identify a victim or
victims, and state that the amount of restitution for each victim is
to be determined. When feasible, the court shall also identify on the
court order, any cooffenders who are jointly and severally liable
for victim restitution.
(i) A restitution order imposed pursuant to subparagraph (B) of
paragraph (2) of subdivision (a) shall identify the losses to which
it pertains, and shall be enforceable as a civil judgment pursuant to
subdivision (r). The making of a restitution order pursuant to this
subdivision shall not affect the right of a victim to recovery from
the Restitution Fund in the manner provided elsewhere, except to the
extent that restitution is actually collected pursuant to the order.
Restitution collected pursuant to this subdivision shall be credited
to any other judgments for the same losses obtained against the minor
or the minor's parent or guardian arising out of the offense for
which the minor was found to be a person described in Section 602.
Restitution imposed shall be ordered to be made to the Restitution
Fund to the extent that the victim, as defined in subdivision (j),
has received assistance from the Victims of Crime Program pursuant to
Article 5 (commencing with Section 13959) of Chapter 5 of Part 4 of
Division 3 of Title 2 of the Government Code.
(j) For purposes of this section, "victim" shall include:
(1) The immediate surviving family of the actual victim.
(2) Any governmental entity that is responsible for repairing,
replacing, or restoring public or privately owned property that has
been defaced with graffiti or other inscribed material, as defined in
subdivision (e) of Section 594, 594 of the
Penal Code, and that has sustained an economic loss as the
result of a violation of Section 594, 594.3, 594.4, 640.5, 640.6, or
640.7 of the Penal Code.
(k) Nothing in this This
section shall not prevent a court from ordering
restitution to any corporation, business trust, estate, trust,
partnership, association, joint venture, government, governmental
subdivision, agency, or instrumentality, or any other legal or
commercial entity when that entity is a direct victim of an offense.
If the direct victim is a group home or other facility licensed
to provide residential care in which the minor was placed
as a dependent or ward of the court, or an employee thereof,
restitution shall be limited to out-of-pocket expenses paid by the
facility or employee.
( l ) Upon a minor being found to be a person described
in Section 602, the court shall require
require, as a condition of probation
probation, the payment of restitution fines and orders imposed
under this section. Any portion of a restitution order that remains
unsatisfied after a minor is no longer on probation shall continue to
be enforceable by a victim pursuant to subdivision (r) until the
obligation is satisfied in
full.
(m) Probation shall not be revoked for failure of a person to make
restitution pursuant to this section as a condition of probation
unless the court determines that the person has willfully failed to
pay or failed to make sufficient bona fide efforts to legally acquire
the resources to pay.
(n) If the court finds and states on the record compelling and
extraordinary reasons why restitution should not be required as
provided in paragraph (2) of subdivision (a), the court shall order,
as a condition of probation, that the minor perform specified
community service.
(o) The court may avoid ordering community service as a condition
of probation only if it finds and states on the record compelling and
extraordinary reasons not to order community service in addition to
the finding that restitution pursuant to paragraph (2) of subdivision
(a) should not be required.
(p) When a minor is committed to the Department of the Youth
Authority, the court shall order restitution to be paid to the victim
or victims, if any. Payment of restitution to the victim or victims
pursuant to this subdivision shall take priority in time over payment
of any other restitution fine imposed pursuant to this section.
(q) At its discretion, the board of supervisors of any county may
impose a fee to cover the actual administrative cost of collecting
the restitution fine, not to exceed 10 percent of the amount ordered
to be paid, to be added to the restitution fine and included in the
order of the court, the proceeds of which shall be deposited in the
general fund of the county.
(r) If the judgment is for a restitution fine ordered pursuant to
subparagraph (A) of paragraph (2) of subdivision (a), or a
restitution order imposed pursuant to subparagraph (B) of paragraph
(2) of subdivision (a), the judgment may be enforced in the manner
provided in Section 1214 of the Penal Code.
SEC. 11. Section 4096.5 of the Welfare
and Institutions Code is amended to read:
4096.5. (a) The State Department of Health Care Services shall
make a determination, within 45 days of receiving a request from a
group home to be classified at RCL 13 or RCL 14 pursuant to Section
11462.01, to certify or deny certification that the group home
program includes provisions for mental health treatment services that
meet the needs of seriously emotionally disturbed children. The
department shall issue each certification for a period of one year
and shall specify the effective date the program met the
certification requirements. A program may be recertified if the
program continues to meet the criteria for certification.
(b) The State Department of Health Care Services shall, in
consultation with the California Mental Health Directors Association
and representatives of provider organizations, develop the criteria
for the certification required by subdivision (a) by July 1, 1992.
(c) (1) The State Department of Health Care Services may, upon the
request of a county, delegate to that county the certification task.
(2) Any county to which the certification task is delegated
pursuant to paragraph (1) shall use the criteria and format developed
by the department.
(d) The State Department of Health Care Services or delegated
county shall notify the State Department of Social Services Community
Care Licensing Division immediately upon the termination of any
certification issued in accordance with subdivision (a).
(e) Upon receipt of notification from the State Department of
Social Services Community Care Licensing Division of any adverse
licensing action taken after the finding of noncompliance during an
unannounced visit conducted pursuant to Section 1534 of the Health
and Safety Code, the State Department of Health Care Services or the
delegated county shall review the certification issued pursuant to
this section.
SEC. 12. Section 11469 of the Welfare
and Institutions Code is amended to read:
11469. (a) By July 1, 1993, the The
department, in consultation with group home providers, the County
Welfare Directors' Directors
Association, the Chief Probation Officers' Association
Officers of California , the California
Conference of Local Mental Health Director and the State Department
of Mental Health Mental Health Directors Association,
and the State Department of Health Care Services , shall
develop performance standards and outcome measures for determining
the effectiveness of the care and supervision, as defined in
subdivision (b) of Section 11460, provided by group homes under the
AFDC-FC program pursuant to Sections 11460 and 11462. These standards
shall be designed to measure group home program performance for the
client group that the group home program is designed to serve.
(1) The performance standards and outcome measures shall be
designed to measure the performance of group home programs in areas
over which the programs have some degree of influence, and in other
areas of measurable program performance that the department can
demonstrate are areas over which group home programs have meaningful
managerial or administrative influence.
(2) These standards and outcome measures shall include, but are
not limited to, the effectiveness of services provided by each group
home program, and the extent to which the services provided by the
group home assist in obtaining the child welfare case plan objectives
for the child.
(3) In addition, when the group home provider has identified as
part of its program for licensing, ratesetting, or county placement
purposes, or has included as a part of a child's case plan by mutual
agreement between the group home and the placing agency, specific
mental health, education, medical, and other child-related services,
the performance standards and outcome measures may also measure the
effectiveness of those services.
(b) Regulations regarding the implementation of the group home
performance standards system required by this section shall be
adopted no later than one year prior to implementation. The
regulations shall specify both the performance standards system and
the manner by which the AFDC-FC rate of a group home program shall be
adjusted if performance standards are not met.
(c) Except as provided in subdivision (d), effective July 1, 1995,
group home performance standards shall be implemented. Any group
home program not meeting the performance standards shall have its
AFDC-FC rate, set pursuant to Section 11462, adjusted according to
the regulations required by this section.
(d) Effective July 1, 1995, group home programs shall be
classified at rate classification level 13 or 14 only if all of the
following are met:
(1) The program generates the requisite number of points for rate
classification level 13 or 14.
(2) The program only accepts children with special treatment needs
as determined through the assessment process pursuant to paragraph
(2) of subdivision (a) of Section 11462.01.
(3) The program meets the performance standards designed pursuant
to this section.
(e) Notwithstanding subdivision (c), the group home program
performance standards system shall not be implemented prior to the
implementation of the AFDC-FC performance standards system.
(f) By January 1, 2016, the department, in consultation with the
County Welfare Directors Association, the Chief Probation Officers of
California, the California Mental Health Directors Association,
research entities, foster youth and advocates for foster youth,
foster care provider business entities organized and operated on a
nonprofit basis, Indian tribes, and other stakeholders, shall develop
additional performance standards and outcome measures that require
group homes to implement programs and services to minimize law
enforcement contacts and delinquency petition filings arising from
incidents of allegedly unlawful behavior by minors occurring in group
homes or under the supervision of group home staff, including
individualized behavior management programs, emergency intervention
plans, and conflict resolution processes.
SEC. 13. If the Commission on State Mandates
determines that this act contains costs mandated by the state,
reimbursement to local agencies and school districts for those costs
shall be made pursuant to Part 7 (commencing with Section 17500) of
Division 4 of Title 2 of the Government Code.
SECTION 1. Section 78211.5 of the Education
Code is amended to read:
78211.5. (a) The purpose of the Seymour-Campbell Student Success
Act of 2012 is to increase California community college student
access and success by providing effective core matriculation
services, including orientation, assessment and placement,
counseling, and other education planning services, and academic
interventions. The focus of the Seymour-Campbell Student Success Act
of 2012 is on the entering students' transition into college in order
to provide a foundation for student achievement and successful
completion of students' educational goals, with a priority toward
serving students who enroll to earn degrees, career technical
certificates, transfer preparation, or career advancement. The
Seymour-Campbell Student Success Act of 2012 targets state resources
on core matriculation services that research has shown to be critical
in increasing the ability of students to reach their academic and
career goals. By focusing funding in these core areas and leveraging
the use of technology to more efficiently and effectively serve a
greater number of students, the goal of the Seymour-Campbell Student
Success Act of 2012 is to provide students with a solid foundation
and opportunity for success in the California Community Colleges.
(b) Any community college or community college district receiving
funding under this article shall agree to carry out its provisions as
specified, but shall be bound to that agreement only for the period
during which funding is received pursuant to this article. The
obligations of the community college or community college district
under the agreement shall include, but not be limited to, the
expenditure of funds received pursuant to this article for only those
services approved by the board of governors and the contribution
toward the purposes of this article of matching funds as the board of
governors may require pursuant to Section 78216.
(c) Nothing in this article is intended to preclude colleges from
providing courses and programs including, but is not limited to,
professional development, development of language skills, and job
services for individuals with developmental disabilities to the
extent resources are available for those purposes.
