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 JUNE 4, 2014
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 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. 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 6 or more minors
has a specified occurrence of incidents in which law enforcement is
called regarding allegedly unlawful conduct
an alleged violation of any law defining a crime, as specified,
by a minor residing in the facility as a circumstance that requires
the department to conduct an annual unannounced visit of a facility.
The bill would require the division of the department with the
reports on the results of an inspection prompted by that circumstance
to provide the reports to the division of the department responsible
for determining and auditing group home rate classification levels
and to any other public agency that has certified the facility's
program or any component of the facility's program.
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.
Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. It is the intent of the Legislature to reduce the
frequency of law enforcement involvement and delinquency petitions
arising from incidents at group homes and other facilities licensed
to provide residential care to dependent children.
SEC. 2. Section 1534 of the Health and Safety Code is amended to
read:
1534. (a) (1) Every licensed community care facility shall be
subject to unannounced visits by the department. The department shall
visit these facilities as often as necessary to ensure the quality
of care provided.
(A) The department shall conduct an annual unannounced visit to a
facility under any of the following circumstances:
(i) When a license is on probation.
(ii) When the terms of agreement in a facility compliance plan
require an annual evaluation.
(iii) When an accusation against a licensee is pending.
(iv) When a facility requires an annual visit as a condition of
receiving federal financial participation.
(v) In order to verify that a person who has been ordered out of a
facility by the department is no longer at the facility.
(vi) When a group home, as defined in Section 1502, or other
facility licensed to provide residential care to six or more
minors has a quarterly an average
over a six -month period of higher
more than one incident per month, for every
12 six minors residing in the
facility, for whom the facility is licensed to provide
care, in which law enforcement is called by facility
staff regarding allegedly unlawful conduct
an alleged violation of any law defining a crime, as specified
in subdivision (a) of Section 602 of the Welfare and Institutions
Code, by a minor residing in the facility.
(B) (i) The department shall conduct annual unannounced visits to
no less than 20 percent of facilities not subject to an evaluation
under subparagraph (A). These unannounced visits shall be conducted
based on a random sampling methodology developed by the department.
(ii) If the total citations issued by the department exceed the
previous year's total by 10 percent, the following year the
department shall increase the random sample by an additional 10
percent of the facilities not subject to an evaluation under
subparagraph (A). The department may request additional resources to
increase the random sample by 10 percent.
(C) Under no circumstance shall the department visit a community
care facility less often than once every five years.
(D) In order to facilitate direct contact with group home clients,
the department may interview children who are clients of group homes
at any public agency or private agency at which the client may be
found, including, but not limited to, a juvenile hall, recreation or
vocational program, or a nonpublic school. The department shall
respect the rights of the child while conducting the interview,
including informing the child that he or she has the right not to be
interviewed and the right to have another adult present during the
interview.
(2) The department shall notify the community care facility in
writing of all deficiencies in its compliance with the provisions of
this chapter and the rules and regulations adopted pursuant to this
chapter, and shall set a reasonable length of time for compliance by
the facility.
(3) (A) Reports on the results of each inspection, evaluation, or
consultation shall be kept on file in the department, and all
inspection reports, consultation reports, lists of deficiencies, and
plans of correction shall be open to public inspection.
(B) If an inspection is required pursuant to clause (vi) of
subparagraph (A) of paragraph (1), the division of the department
with the reports on the results of each inspection shall provide the
reports to the division of the department responsible for determining
and auditing group home rate classification levels and to any other
public agency that has certified the facility's program or any
component of the facility's program, including, but not limited to,
the State Department of Health Care Services, which certifies group
homes pursuant to Section 4096.5 of the Welfare and Institutions
Code.
(b) (1) This section shall not limit the authority of the
department to inspect or evaluate a licensed foster family agency, a
certified family home, or any aspect of a program where
in which a licensed community care facility is
certifying compliance with licensing requirements.
(2) Upon a finding of noncompliance by the department, the
department may require a foster family agency to deny or revoke the
certificate of approval of a certified family home, or take other
action the department may deem necessary for the protection of a
child placed with the family home. The family home shall be afforded
the due process provided pursuant to this chapter.
(3) If the department requires a foster family agency to deny or
revoke the certificate of approval, the department shall serve an
order of denial or revocation upon the certified or prospective
foster parent and foster family agency that shall notify the
certified or prospective foster parent of the basis of the department'
s action and of the certified or prospective foster parent's right to
a hearing.
(4) Within 15 days after the department serves an order of denial
or revocation, the certified or prospective foster parent may file a
written appeal of the department's decision with the department. The
department's action shall be final if the certified or prospective
foster parent does not file a written appeal within 15 days after the
department serves the denial or revocation order.
(5) The department's order of the denial or revocation of the
certificate of approval shall remain in effect until the hearing is
completed and the director has made a final determination on the
merits.
(6) A certified or prospective foster parent who files a written
appeal of the department's order with the department pursuant to this
section shall, as part of the written request, provide his or her
current mailing address. The certified or prospective foster parent
shall subsequently notify the department in writing of any change in
mailing address, until the hearing process has been completed or
terminated.
(7) Hearings held pursuant to this section shall be conducted in
accordance with Chapter 5 (commencing with Section 11500) of Part 1
of Division 3 of Title 2 of the Government Code. In all proceedings
conducted in accordance with this section, the standard of proof
shall be by a preponderance of the evidence.
(8) The department may institute or continue a disciplinary
proceeding against a certified or prospective foster parent upon any
ground provided by this section, enter an order denying or revoking
the certificate of approval, or otherwise take disciplinary action
against the certified or prospective foster parent, notwithstanding
any resignation, withdrawal of application, surrender of the
certificate of approval, or denial or revocation of the certificate
of approval by the foster family agency.
(9) A foster family agency's failure to comply with the department'
s order to deny or revoke the certificate of employment by placing or
retaining children in care shall be grounds for disciplining the
licensee pursuant to Section 1550.
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 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
followup 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) (A) 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 timely 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.
(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 subdivision (a).
(4) The protocols shall contain the following processes:
(A) A process for determining which agency and court shall
supervise a child whose jurisdiction is modified from delinquency
jurisdiction to dependency jurisdiction pursuant to paragraph (2) of
subdivision (b) of Section 607.2 or subdivision (i) of Section 727.2.
(B) A process for determining which agency and court shall
supervise a nonminor dependent under the transition jurisdiction of
the juvenile court.
(C) A process that specifically addresses the manner in which
supervision responsibility is determined when a nonminor dependent
becomes subject to adult probation supervision.
(c) Whenever a minor who is under the jurisdiction of the juvenile
court of a county pursuant to Section 300, 601, or 602 is alleged to
come within the description of Section 300, 601, or 602 by another
county, the county probation department or child welfare services
department in the county that has jurisdiction under Section 300,
601, or 602 and the county probation department or child welfare
services department of the county alleging the minor to be within one
of those sections shall initially determine which status will best
serve the best interests of the minor and the protection of society.
The recommendations of both departments shall be presented to the
juvenile court in which the petition is filed on behalf of the minor,
and the court shall determine which status is appropriate for the
minor. In making their recommendation to the juvenile court, the
departments shall conduct an assessment consistent with the
requirements of subdivision (b). Any other juvenile court having
jurisdiction over the minor shall receive notice from the court in
which the petition is filed within five calendar days of the
presentation of the recommendations of the departments. The notice
shall include the name of the judge to whom, or the courtroom to
which, the recommendations were presented.
(d) Except as provided in subdivision (e), this section shall not
authorize the filing of a petition or petitions, or the entry of an
order by the juvenile court, to make a minor simultaneously both a
dependent child and a ward of the court.
(e) Notwithstanding subdivision (d), the probation department and
the child welfare services department, in consultation with the
presiding judge of the juvenile court, in any county may create a
jointly written protocol to allow the county probation department and
the child welfare services department to jointly assess and produce
a recommendation that the child be designated as a dual status child,
allowing the child to be simultaneously a dependent child and a ward
of the court. This protocol shall be signed by the chief probation
officer, the director of the county social services agency, and the
presiding judge of the juvenile court prior to its implementation. A
juvenile court shall not order that a child is simultaneously a
dependent child and a ward of the court pursuant to this subdivision
unless and until the required protocol has been created and entered
into. This protocol shall include all of the following:
(1) A description of the process to be used to determine whether
the child is eligible to be designated as a dual status child.
(2) A description of the procedure by which the probation
department and the child welfare services department will assess the
necessity for dual status for specified children and the process to
make joint recommendations for the court's consideration prior to
making a determination under this section. These recommendations
shall ensure a seamless transition from wardship to dependency
jurisdiction, as appropriate, so that services to the child are not
disrupted upon termination of the wardship.
(3) A provision for ensuring communication between the judges who
hear petitions concerning children for whom dependency jurisdiction
has been suspended while they are within the jurisdiction of the
juvenile court pursuant to Section 601 or 602. A judge may
communicate by providing a copy of any reports filed pursuant to
Section 727.2 concerning a ward to a court that has jurisdiction over
dependency proceedings concerning the child.
(4) A plan to collect data in order to evaluate the protocol
pursuant to Section 241.2.
(5) Counties that exercise the option provided for in this
subdivision shall adopt either an "on-hold" system as described in
subparagraph (A) or a "lead court/lead agency" system as described in
subparagraph (B). There shall not be any simultaneous or duplicative
case management or services provided by both the county probation
department and the child welfare services department. It is the
intent of the Legislature that judges, in cases in which more than
one judge is involved, shall not issue conflicting orders.
(A) In counties in which an on-hold system is adopted, the
dependency jurisdiction shall be suspended or put on hold while the
child is subject to jurisdiction as a ward of the court. When it
appears that termination of the court's jurisdiction, as established
pursuant to Section 601 or 602, is likely and that reunification of
the child with his or her parent or guardian would be detrimental to
the child, the county probation department and the child welfare
services department shall jointly assess and produce a recommendation
for the court regarding whether the court's dependency jurisdiction
shall be resumed.
(B) In counties in which a lead court/lead agency system is
adopted, the protocol shall include a method for identifying which
court or agency will be the lead court/lead agency. That court or
agency shall be responsible for case management, conducting
statutorily mandated court hearings, and submitting court reports.
(f) Whenever the court determines pursuant to this section or
Section 607.2 or 727.2 that it is necessary to modify the court's
jurisdiction over a dependent or ward who was removed from his or her
parent or guardian and placed in foster care, the court shall ensure
that all of the following conditions are met:
(1) The petition under which jurisdiction was taken at the time
the dependent or ward was originally removed is not dismissed until
the new petition has been sustained.
(2) The order modifying the court's jurisdiction contains all of
the following provisions:
(A) Reference to the original removal findings and a statement
that findings that continuation in the home is contrary to the child'
s welfare, and that reasonable efforts were made to prevent removal,
remain in effect.
(B) A statement that the child continues to be removed from the
parent or guardian from whom the child was removed under the original
petition.
(C) Identification of the agency that is responsible for placement
and care of the child based upon the modification of jurisdiction.
SEC. 6. Section 628 of the Welfare and
Institutions Code is amended to read:
628. (a) 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, is not provided with the necessities
of life, or is not provided with a home or suitable place of abode.
(3) The minor is provided with a home 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, by his or her legal guardian, or 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, 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.
(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.
(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.
(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. This section shall
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.
(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 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 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,
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 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.
(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. SEC. 6. Section 635 of the
Welfare and Institutions Code is amended to read:
635. (a) The court will examine the minor, his or her parent,
legal guardian, or other person having relevant knowledge, hear
relevant evidence the minor, his or her parent, legal guardian, or
counsel desires to present, and, unless it appears that the minor has
violated an order of the juvenile court or has escaped from the
commitment of the juvenile court or that it is a matter of immediate
and urgent necessity for the protection of the minor or reasonably
necessary for the protection of the person or property of another
that he or she be detained or that the minor is likely to flee to
avoid the jurisdiction of the court, the court shall make its order
releasing the minor from custody.
(b) (1) The circumstances and gravity of the alleged offense may
be considered, in conjunction with other factors, to determine
whether it is a matter of immediate and urgent necessity for the
protection of the minor or reasonably necessary for the protection of
the person or property of another that the minor be detained.
(2) If a minor is a dependent of the court pursuant to Section
300, the court's decision to detain shall not be based on the minor's
status as a dependent of the court or the child welfare services
department's inability to provide a placement for the minor.
(c) (1) The court shall order release of the minor from custody
unless a prima facie showing has been made that the minor is a person
described in Section 601 or 602.
(2) If the court orders release of a minor who is a dependent of
the court pursuant to Section 300, the court shall order the child
welfare services department either to ensure that the minor's current
foster parent or other caregiver takes physical custody of the minor
or to take physical custody of the minor and place the minor in a
licensed or approved placement.
(d) If the probation officer has reason to believe that the minor
is at risk of entering foster care placement as described in Section
11402, then the probation officer shall submit a written report to
the court containing all of the following:
(1) The reasons why the minor has been removed from the parent's
custody.
(2) Any prior referrals for abuse or neglect of the minor or any
prior filings regarding the minor pursuant to Section 300.
(3) The need, if any, for continued detention.
(4) The available services that could facilitate the return of the
minor to the custody of the minor's parents or guardians.
(5) Whether there are any relatives who are able and willing to
provide effective care and control over the minor.
SEC. 9. SEC. 7. Section 636 of the
Welfare and Institutions Code is amended to read:
636. (a) If it appears upon the hearing that the minor has
violated an order of the juvenile court or has escaped from a
commitment of the juvenile court or that it is a matter of immediate
and urgent necessity for the protection of the minor or reasonably
necessary for the protection of the person or property of another
that he or she be detained or that the minor is likely to flee to
avoid the jurisdiction of the court, and that continuance in the home
is contrary to the minor's welfare, the court may make its order
that the minor be detained in the juvenile hall or other suitable
place designated by the juvenile court for a period not to exceed 15
judicial days and shall enter the order together with its findings of
fact in support thereof in the records of the court. The
circumstances and gravity of the alleged offense may be considered,
in conjunction with other factors, to determine whether it is a
matter of immediate and urgent necessity for the protection of the
minor or the person or property of another that the minor be
detained. If a minor is a dependent of the court pursuant to Section
300, the court's decision to detain shall not be based on the minor's
status as a dependent of the court or the child welfare services
department's inability to provide a placement for the minor.
(b) If the court finds that the criteria of Section 628.1 are
applicable, the court shall place the minor on home supervision for a
period not to exceed 15 judicial days, and shall enter the order
together with its findings of fact in support thereof in the records
of the court. If the court releases the minor on home supervision,
the court may continue, modify, or augment any conditions of release
previously imposed by the probation officer, or may impose new
conditions on a minor released for the first time. If there are new
or modified conditions, the minor shall be required to sign a written
promise to obey those conditions pursuant to Section 628.1.
(c) If the probation officer is recommending that the minor be
detained, the probation officer shall submit to the court
documentation, as follows:
(1) Documentation that continuance in the home is contrary to the
minor's welfare shall be submitted to the court as part of the
detention report prepared pursuant to Section 635.
(2) Documentation that reasonable efforts were made to prevent or
eliminate the need for removal of the minor from the home and
documentation of the nature and results of the services provided
shall be submitted to the court either as part of the detention
report prepared pursuant to Section 635, or as part of a case plan
prepared pursuant to Section 636.1, but in no case later than 60 days
from the date of detention.
(d) Except as provided in subdivision (e), before detaining the
minor, the court shall determine whether continuance in the home is
contrary to the minor's welfare and whether there are available
services that would prevent the need for further detention. The court
shall make that determination on a case-by-case basis and shall make
reference to the documentation provided by the probation officer or
other evidence relied upon in reaching its decision.
(1) If the minor can be returned to the custody of his or her
parent or legal guardian at the detention hearing, through the
provision of services to prevent removal, the court shall release the
minor to the physical custody of his or her parent or legal guardian
and order that those services be provided.
(2) If the minor cannot be returned to the custody of his or her
parent or legal guardian at the detention hearing, the court shall
state the facts upon which the detention is based. The court shall
make the following findings on the record and reference the probation
officer's report or other evidence relied upon to make its
determinations:
(A) Whether continuance in the home of the parent or legal
guardian is contrary to the minor's welfare.
(B) Whether reasonable efforts have been made to safely maintain
the minor in the home of his or her parent or legal guardian and to
prevent or eliminate the need for removal of the minor from his or
her home. This finding shall be made at the detention hearing if
possible, but in no case later than 60 days following the minor's
removal from the home.
(3) If the minor cannot be returned to the custody of his or her
parent or legal guardian at the detention hearing, the court shall
make the following orders:
(A) The probation officer shall provide services as soon as
possible to enable the minor's parent or legal guardian to obtain any
assistance as may be needed to enable the parent or guardian to
effectively provide the care and control necessary for the minor to
return to the home.
(B) The minor's placement and care shall be the responsibility of
the probation department pending disposition or further order of the
court.
(4) If the matter is set for rehearing pursuant to Section 637, or
continued pursuant to Section 638, or continued for any other
reason, the court shall find that the continuance of the minor in the
parent's or guardian's home is contrary to the minor's welfare at
the initial petition hearing or order the release of the minor from
custody.
(e) For a minor who is a dependent of the court pursuant to
Section 300, the court's decision to detain the minor shall not be
based on a finding that continuance in the minor's current placement
is contrary to the minor's welfare. If the court determines that
continuance in the minor's current placement is contrary to the minor'
s welfare, the court shall order the child welfare services
department to place the minor in another licensed or approved
placement.
(f) Whether the minor is returned home or detained, the court
shall order the minor's parent or guardian to cooperate with the
probation officer in obtaining those services described in paragraph
(1) of, or in subparagraph (A) of paragraph (3) of, subdivision (d).
SEC. 10. SEC. 8. Section 730.6 of
the Welfare and Institutions Code is amended to read:
730.6. (a) (1) It is the intent of the Legislature that a victim
of conduct for which a minor is found to be a person described in
Section 602 who incurs any economic loss as a result of the minor's
conduct shall receive restitution directly from that minor.
(2) Upon a minor being found to be a person described in Section
602, the court shall consider levying a fine in accordance with
Section 730.5. In addition, the court shall order the minor to pay,
in addition to any other penalty provided or imposed under the law,
both of the following:
(A) A restitution fine in accordance with subdivision (b).
(B) Restitution to the victim or victims, if any, in accordance
with subdivision (h).
(b) If a minor is found to be a person described in Section 602,
the court shall impose a separate and additional restitution fine.
The restitution fine shall be set at the discretion of the court and
commensurate with the seriousness of the offense as follows:
(1) If the minor is found to be a person described in Section 602
by reason of the commission of one or more felony offenses, the
restitution fine shall not be less than one hundred dollars ($100)
and not more than one thousand dollars ($1,000). A separate hearing
for the fine shall not be required.
(2) If the minor is found to be a person described in Section 602
by reason of the commission of one or more misdemeanor offenses, the
restitution fine shall not exceed one hundred dollars ($100). A
separate hearing for the fine shall not be required.
(c) The restitution fine shall be in addition to any other
disposition or fine imposed and shall be imposed regardless of the
minor's inability to pay. This fine shall be deposited in the
Restitution Fund.
(d) (1) In setting the amount of the fine pursuant to subparagraph
(A) of paragraph (2) of subdivision (a), the court shall consider
any relevant factors including, but not limited to, the minor's
ability to pay, the seriousness and gravity of the offense and the
circumstances of its commission, any economic gain derived by the
minor as a result of the offense, and the extent to which others
suffered losses as a result of the offense. The losses may include
pecuniary losses to the victim or his or her dependents as well as
intangible losses such as psychological harm caused by the offense.
(2) The consideration of a minor's ability to pay may include his
or her future earning capacity. A minor shall bear the burden of
demonstrating a lack of his or her ability to pay.
(e) Express findings of the court as to the factors bearing on the
amount of the fine shall not be required.
(f) Except as provided in subdivision (g), under no circumstances
shall the court fail to impose the separate and additional
restitution fine required by subparagraph (A) of paragraph (2) of
subdivision (a). This fine shall not be subject to penalty
assessments pursuant to Section 1464 of the Penal Code.
(g) (1) In a case in which the minor is a person described in
Section 602 by reason of having committed a felony offense, if the
court finds that there are compelling and extraordinary reasons, the
court may waive imposition of the restitution fine required by
subparagraph (A) of paragraph (2) of subdivision (a). When a waiver
is granted, the court shall state on the record all reasons
supporting the waiver.
(2) If the minor is a person described in 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:
(A) Full or partial payment for the value of stolen or damaged
property. The value of stolen or damaged property shall be the
replacement cost of like property, or the actual cost of repairing
the property when repair is possible.
(B) Medical expenses.
(C) Wages or profits lost due to injury incurred by the victim,
and if the victim is a minor, wages or profits lost by the minor's
parent, parents, guardian, or guardians, while caring for the injured
minor. Lost wages shall include any commission income as well as any
base wages. Commission income shall be established by evidence of
commission income during the 12-month period prior to the date of the
crime for which restitution is being ordered, unless good cause for
a shorter time period is shown.
(D) Wages or profits lost by the victim, and if the victim is a
minor, wages or profits lost by the minor's parent, parents,
guardian, or guardians, due to time spent as a witness or in
assisting the police or prosecution. Lost wages shall include any
commission income as well as any base wages. Commission income shall
be established by evidence of commission income during the 12-month
period prior to the date of the crime for which restitution is being
ordered, unless good cause for a shorter time period is shown.
(2) A minor shall have the right to a hearing before a judge to
dispute the determination of the amount of restitution. The court may
modify the amount on its own motion or on the motion of the district
attorney, the victim or victims, or the minor. If a motion is made
for modification of a restitution order, the victim shall be notified
of that motion at least 10 days prior to the hearing on the motion.
When the amount of victim restitution is not known at the time of
disposition, the court order shall identify the victim or victims,
unless the court finds for good cause that the order should not
identify a victim or victims, and state that the amount of
restitution for each victim is to be determined. When feasible, the
court shall also identify on the court order, any cooffenders who are
jointly and severally liable for victim restitution.
(i) A restitution order imposed pursuant to subparagraph (B) of
paragraph (2) of subdivision (a) shall identify the losses to which
it pertains, and shall be enforceable as a civil judgment pursuant to
subdivision (r). The making of a restitution order pursuant to this
subdivision shall not affect the right of a victim to recovery from
the Restitution Fund in the manner provided elsewhere, except to the
extent that restitution is actually collected pursuant to the order.
Restitution collected pursuant to this subdivision shall be credited
to any other judgments for the same losses obtained against the minor
or the minor's parent or guardian arising out of the offense for
which the minor was found to be a person described in Section 602.
Restitution imposed shall be ordered to be made to the Restitution
Fund to the extent that the victim, as defined in subdivision (j),
has received assistance from the Victims of Crime Program pursuant to
Article 5 (commencing with Section 13959) of Chapter 5 of Part 4 of
Division 3 of Title 2 of the Government Code.
(j) For purposes of this section, "victim" shall include:
(1) The immediate surviving family of the actual victim.
(2) Any governmental entity that is responsible for repairing,
replacing, or restoring public or privately owned property that has
been defaced with graffiti or other inscribed material, as defined in
subdivision (e) of Section 594 of the Penal Code, and that has
sustained an economic loss as the result of a violation of Section
594, 594.3, 594.4, 640.5, 640.6, or 640.7 of the Penal Code.
(k) This section shall not prevent a court from ordering
restitution to any corporation, business trust, estate, trust,
partnership, association, joint venture, government, governmental
subdivision, agency, or instrumentality, or any other legal or
commercial entity when that entity is a direct victim of an offense.
If the direct victim is a group home or other facility licensed to
provide residential
care in which the minor was placed as a dependent or ward of the
court, or an employee thereof, restitution shall be limited to
out-of-pocket expenses that are not covered by insurance and
that are paid by the facility or employee.
( l ) Upon a minor being found to be a person described
in Section 602, the court shall require, as a condition of
probation, the payment of restitution fines and orders imposed under
this section. Any portion of a restitution order that remains
unsatisfied after a minor is no longer on probation shall continue to
be enforceable by a victim pursuant to subdivision (r) until the
obligation is satisfied in full.
(m) Probation shall not be revoked for failure of a person to make
restitution pursuant to this section as a condition of probation
unless the court determines that the person has willfully failed to
pay or failed to make sufficient bona fide efforts to legally acquire
the resources to pay.
(n) If the court finds and states on the record compelling and
extraordinary reasons why restitution should not be required as
provided in paragraph (2) of subdivision (a), the court shall order,
as a condition of probation, that the minor perform specified
community service.
(o) The court may avoid ordering community service as a condition
of probation only if it finds and states on the record compelling and
extraordinary reasons not to order community service in addition to
the finding that restitution pursuant to paragraph (2) of subdivision
(a) should not be required.
(p) When a minor is committed to the Department of the Youth
Authority, the court shall order restitution to be paid to the victim
or victims, if any. Payment of restitution to the victim or victims
pursuant to this subdivision shall take priority in time over payment
of any other restitution fine imposed pursuant to this section.
(q) At its discretion, the board of supervisors of any county may
impose a fee to cover the actual administrative cost of collecting
the restitution fine, not to exceed 10 percent of the amount ordered
to be paid, to be added to the restitution fine and included in the
order of the court, the proceeds of which shall be deposited in the
general fund of the county.
(r) If the judgment is for a restitution fine ordered pursuant to
subparagraph (A) of paragraph (2) of subdivision (a), or a
restitution order imposed pursuant to subparagraph (B) of paragraph
(2) of subdivision (a), the judgment may be enforced in the manner
provided in Section 1214 of the Penal Code.
SEC. 11. SEC. 9. 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. SEC. 10. Section 11469 of
the Welfare and Institutions Code is amended to read:
11469. (a) The department, in consultation with group home
providers, the County Welfare Directors Association, the Chief
Probation Officers of California, the California Mental Health
Directors Association, and the State Department of Health Care
Services, shall develop performance standards and outcome measures
for determining the effectiveness of the care and supervision, as
defined in subdivision (b) of Section 11460, provided by group homes
under the AFDC-FC program pursuant to Sections 11460 and 11462. These
standards shall be designed to measure group home program
performance for the client group that the group home program is
designed to serve.
(1) The performance standards and outcome measures shall be
designed to measure the performance of group home programs in areas
over which the programs have some degree of influence, and in other
areas of measurable program performance that the department can
demonstrate are areas over which group home programs have meaningful
managerial or administrative influence.
(2) These standards and outcome measures shall include, but are
not limited to, the effectiveness of services provided by each group
home program, and the extent to which the services provided by the
group home assist in obtaining the child welfare case plan objectives
for the child.
(3) In addition, when the group home provider has identified as
part of its program for licensing, ratesetting, or county placement
purposes, or has included as a part of a child's case plan by mutual
agreement between the group home and the placing agency, specific
mental health, education, medical, and other child-related services,
the performance standards and outcome measures may also measure the
effectiveness of those services.
(b) Regulations regarding the implementation of the group home
performance standards system required by this section shall be
adopted no later than one year prior to implementation. The
regulations shall specify both the performance standards system and
the manner by which the AFDC-FC rate of a group home program shall be
adjusted if performance standards are not met.
(c) Except as provided in subdivision (d), effective July 1, 1995,
group home performance standards shall be implemented. Any group
home program not meeting the performance standards shall have its
AFDC-FC rate, set pursuant to Section 11462, adjusted according to
the regulations required by this section.
(d) Effective July 1, 1995, group home programs shall be
classified at rate classification level 13 or 14 only if all of the
following are met:
(1) The program generates the requisite number of points for rate
classification level 13 or 14.
(2) The program only accepts children with special treatment needs
as determined through the assessment process pursuant to paragraph
(2) of subdivision (a) of Section 11462.01.
(3) The program meets the performance standards designed pursuant
to this section.
(e) Notwithstanding subdivision (c), the group home program
performance standards system shall not be implemented prior to the
implementation of the AFDC-FC performance standards system.
(f) By January 1, 2016, the department, in consultation with the
County Welfare Directors Association, the Chief Probation Officers of
California, the California Mental Health Directors Association,
research entities, foster youth and advocates for foster youth,
foster care provider business entities organized and operated on a
nonprofit basis, Indian tribes, and other stakeholders, shall develop
additional performance standards and outcome measures that require
group homes to implement programs and services to minimize law
enforcement contacts and delinquency petition filings arising from
incidents of allegedly unlawful behavior by minors occurring in group
homes or under the supervision of group home staff, including
individualized behavior management programs, emergency intervention
plans, and conflict resolution processes.
SEC. 13. SEC. 11. 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.
