Bill Text: CA AB388 | 2013-2014 | Regular Session | Chaptered
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-Chaptered.html
BILL NUMBER: AB 388 CHAPTERED
BILL TEXT
CHAPTER 760
FILED WITH SECRETARY OF STATE SEPTEMBER 29, 2014
APPROVED BY GOVERNOR SEPTEMBER 29, 2014
PASSED THE SENATE AUGUST 19, 2014
PASSED THE ASSEMBLY AUGUST 25, 2014
AMENDED IN SENATE AUGUST 18, 2014
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 Section 1536 of, and to add Section 1538.7 to, the
Health and Safety Code, and to amend Sections 241.1, 635, 636,
730.6, 4096.5, and 11469 of the Welfare and Institutions Code,
relating to juveniles.
LEGISLATIVE COUNSEL'S DIGEST
AB 388, 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 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 a group home,
transitional housing placement provider, community treatment
facility, or runaway and homeless youth shelter include specified
information, including the number of licensing complaints and the
number, types, and outcomes of law enforcement contacts made by the
facility staff or children.
This bill would require a group home, transitional housing
placement provider, community treatment facility, or runaway and
homeless youth shelter to report to the department's Community Care
Licensing Division upon the occurrence of any incident concerning a
child in the facility involving contact with law enforcement. The
bill would require the department to inspect a facility at least once
a year if the department determines that a facility has reported a
greater than average number of law enforcement contacts involving an
alleged violation of specified crimes by a child residing in the
facility.
(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 authorize, 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 authorize, among other things, a
requirement for immediate notification of the child welfare service
department and the minor's dependency attorney upon referral of a
dependent minor to probation, to be included in the protocols
developed by the county probation department and the child welfare
services department.
(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.
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 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 group home, transitional housing placement provider,
community treatment facility, or runaway and homeless youth shelter,
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, types, and outcomes of law enforcement contacts
made by the facility staff or children, as reported pursuant to
subdivision (a) of Section 1538.7.
(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. 3. Section 1538.7 is added to the Health and Safety Code, to
read:
1538.7. (a) A group home, transitional housing placement
provider, community treatment facility, or runaway and homeless youth
shelter shall report to the department's Community Care Licensing
Division upon the occurrence of any incident concerning a child in
the facility involving contact with law enforcement. At least every
six months, the facility shall provide a followup report for each
incident, including the type of incident, whether the incident
involved an alleged violation of any crime described in Section 602
of the Welfare and Institutions Code by a child residing in the
facility; whether staff, children, or both were involved; the gender,
race, ethnicity, and age of children involved; and the outcomes,
including arrests, removals of children from placement, or
termination or suspension of staff.
(b) (1) If the department determines that, based on the licensed
capacity, a facility has reported, pursuant to subdivision (a), a
greater than average number of law enforcement contacts involving an
alleged violation of any crime described in Section 602 of the
Welfare and Institutions Code by a child residing in the facility,
the department shall inspect the facility at least once a year.
(2) An inspection conducted pursuant to paragraph (1) does not
constitute an unannounced inspection required pursuant to Section
1534.
(c) If an inspection is required pursuant to subdivision (b), the
Community Care Licensing Division shall provide the report to the
department's Children and Family Services Division 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.
SEC. 4. Section 241.1 of the Welfare and Institutions Code is
amended to read:
241.1. (a) 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.
(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) These protocols may also require immediate notification of
the child welfare services department and the minor's dependency
attorney upon referral of a dependent minor 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 timely
resolution of the determination pursuant to this section for detained
dependents, 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 a 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 may
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. 5. 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. 6. 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. 7. 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 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. 8. 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
inspection conducted pursuant to Section 1538.7 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. 9. 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. 10. 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.
