Bill Text: CA AB2005 | 2015-2016 | Regular Session | Enrolled
Bill Title: Juveniles: out-of-state placement.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Vetoed) 2016-09-30 - Vetoed by Governor. [AB2005 Detail]
Download: California-2015-AB2005-Enrolled.html
BILL NUMBER: AB 2005 ENROLLED
BILL TEXT
PASSED THE SENATE AUGUST 17, 2016
PASSED THE ASSEMBLY AUGUST 23, 2016
AMENDED IN SENATE AUGUST 15, 2016
AMENDED IN SENATE MAY 31, 2016
AMENDED IN ASSEMBLY MARCH 15, 2016
INTRODUCED BY Assembly Member Ridley-Thomas
FEBRUARY 16, 2016
An act to amend Sections 727.1, 727.4, and 730 of the Welfare and
Institutions Code, relating to juveniles.
LEGISLATIVE COUNSEL'S DIGEST
AB 2005, Ridley-Thomas. Juveniles: out-of-state placement.
Existing law establishes the jurisdiction of the juvenile court,
under which the juvenile court may adjudge a person who is under 18
years of age when he or she violates any law or ordinance to be a
ward of the court, as specified. Existing law authorizes the court to
make any reasonable orders for the care, supervision, custody,
conduct, maintenance, and support of the minor who is adjudged a ward
of the court. In the discretion of the court, existing law
authorizes the court to order a ward to be on probation without the
supervision of the probation officer. In all other cases, existing
law requires the court to order the care, custody, and control of the
minor to be under the supervision of a probation officer who is
required to determine the appropriate placement for the ward, and
authorizes the probation agency to place the minor in specified
treatment settings, including the approved home of a relative or
nonrelative, a foster home, or a suitable licensed community care
facility. As an alternative to these types of treatments, existing
law authorizes the court to commit the minor to a juvenile home,
ranch, camp, or forestry camp.
The bill would clarify that these provisions shall not be
construed to authorize the court to commit the minor to a juvenile
home, ranch, camp, or forestry camp outside of the state.
Existing law prohibits the court from ordering the placement of a
minor who is adjudged a ward of the court in a private residential
facility or program that provides 24-hour supervision, outside of the
state, unless the court finds that specified conditions are met,
including that in-state facilities or programs have been determined
to be unavailable or inadequate to meet the needs of the minor.
The bill would instead authorize the court to order the placement
of a minor who is adjudged a ward of the court in a private
residential facility or program that provides 24-hour supervision
outside of the state if the court finds by clear and convincing
evidence that, among other things, the case plan developed for the
minor demonstrates that the out-of-state placement is the most
appropriate and is in the best interests of the minor and that
in-state facilities or programs have been considered and are
unavailable or inadequate to meet the needs and best interests of the
minor. The bill would make conforming changes.
This bill would incorporate additional changes in Sections 727.1
and 727.4 of the Welfare and Institutions Code proposed by AB 1997,
that would become operative only if AB 1997 and this bill are both
chaptered and become effective on or before January 1, 2017, and this
bill is chaptered last.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 727.1 of the Welfare and Institutions Code is
amended to read:
727.1. (a) If the court orders the care, custody, and control of
the minor to be under the supervision of the probation officer for
foster care placement pursuant to subdivision (a) of Section 727, the
decision regarding choice of placement, pursuant to Section 706.6,
shall be based upon selection of a safe setting that is the least
restrictive or most family like, and the most appropriate setting
that meets the individual needs of the minor and is available, in
proximity to the parent's home, consistent with the selection of the
environment best suited to meet the minor's special needs and best
interests. The selection shall consider, in order of priority,
placement with relatives, tribal members, and foster family, group
care, and residential treatment pursuant to Section 7950 of the
Family Code.
(b) Unless otherwise authorized by law, the court shall not order
the placement of a minor who is adjudged a ward of the court on the
basis that he or she is a person described by either Section 601 or
602 in a private residential facility or program that provides
24-hour supervision, outside of the state, unless the court finds by
clear and convincing evidence, in its order of placement, that all of
the following conditions are met:
(1) The case plan for the minor, developed in strict accordance
with Section 706.6, demonstrates that the out-of-state placement is
the most appropriate and is in the best interests of the minor and
that in-state facilities or programs have been considered and are
unavailable or inadequate to meet the needs and best interests of the
minor.
(2) The State Department of Social Services or its designee has
performed initial and continuing inspection of the out-of-state
residential facility or program and has either certified that the
facility or program meets the greater of all licensure standards
required of group homes or of short-term residential treatment
centers operated in California, or that the department has granted a
waiver to a specific licensing standard upon a finding that there
exists no adverse impact to health and safety, pursuant to
subdivision (c) of Section 7911.1 of the Family Code.
(3) The requirements of Section 7911.1 of the Family Code are met.
(c) If, upon inspection, the probation officer of the county in
which the minor is adjudged a ward of the court determines that the
out-of-state facility or program is not in compliance with the
standards required under paragraph (2) of subdivision (b) or has an
adverse impact on the health and safety of the minor, the probation
officer may temporarily remove the minor from the facility or
program. The probation officer shall promptly inform the court of the
minor's removal, and shall return the minor to the court for a
hearing to review the suitability of continued out-of-state
placement. The probation officer shall, within one business day of
removing the minor, notify the State Department of Social Services'
Compact Administrator, and, within five working days, submit a
written report of the findings and actions taken.
(d) The court shall review each of these placements for compliance
with the requirements of subdivision (b) at least once every six
months.
(e) The county shall not be entitled to receive or expend any
public funds for the placement of a minor in an out-of-state group
home or short-term residential treatment center, unless the
conditions of subdivisions (b) and (d) are met.
SEC. 1.5. Section 727.1 of the Welfare and Institutions Code is
amended to read:
727.1. (a) If the court orders the care, custody, and control of
the minor to be under the supervision of the probation officer for
foster care placement pursuant to subdivision (a) of Section 727, the
decision regarding choice of placement, pursuant to Section 706.6,
shall be based upon selection of a safe setting that is the least
restrictive or most family like, and the most appropriate setting
that meets the individual needs of the minor and is available, in
proximity to the parent's home, consistent with the selection of the
environment best suited to meet the minor's special needs and best
interests. The selection shall consider, in order of priority,
placement with relatives, tribal members, and foster family, group
care, and residential treatment pursuant to Section 7950 of the
Family Code.
(b) Unless otherwise authorized by law, the court shall not order
the placement of a minor who is adjudged a ward of the court on the
basis that he or she is a person described by either Section 601 or
602 in a private residential facility or program that provides
24-hour supervision, outside of the state, unless the court finds by
clear and convincing evidence, in its order of placement, that all of
the following conditions are met:
(1) The case plan for the minor, developed in strict accordance
with Section 706.6, demonstrates that the out-of-state placement is
the most appropriate and is in the best interests of the minor and
that in-state facilities or programs have been considered and are
unavailable or inadequate to meet the needs and best interests of the
minor.
(2) The State Department of Social Services or its designee has
performed initial and continuing inspection of the out-of-state
residential facility or program and has either certified that the
facility or program meets the greater of all licensure standards
required of group homes or of short-term residential therapeutic
programs operated in California, or that the department has granted a
waiver to a specific licensing standard upon a finding that there
exists no adverse impact to health and safety, pursuant to
subdivision (c) of Section 7911.1 of the Family Code.
(3) The requirements of Section 7911.1 of the Family Code are met.
(c) If, upon inspection, the probation officer of the county in
which the minor is adjudged a ward of the court determines that the
out-of-state facility or program is not in compliance with the
standards required under paragraph (2) of subdivision (b) or has an
adverse impact on the health and safety of the minor, the probation
officer may temporarily remove the minor from the facility or
program. The probation officer shall promptly inform the court of the
minor's removal, and shall return the minor to the court for a
hearing to review the suitability of continued out-of-state
placement. The probation officer shall, within one business day of
removing the minor, notify the State Department of Social Services'
Compact Administrator, and, within five working days, submit a
written report of the findings and actions taken.
(d) The court shall review each of these placements for compliance
with the requirements of subdivision (b) at least once every six
months.
(e) The county shall not be entitled to receive or expend any
public funds for the placement of a minor in an out-of-state group
home or short-term residential therapeutic program, unless the
conditions of subdivisions (b) and (d) are met.
SEC. 2. Section 727.4 of the Welfare and Institutions Code is
amended to read:
727.4. (a) (1) Notice of any hearing pursuant to Section 727,
727.1, 727.2, or 727.3 shall be mailed by the probation officer to
the minor, the minor's parent or guardian, any adult provider of care
to the minor including, but not limited to, foster parents, relative
caregivers, preadoptive parents, community care facility, or foster
family agency, and to the counsel of record if the counsel of record
was not present at the time that the hearing was set by the court, by
first-class mail addressed to the last known address of the person
to be notified, or shall be personally served on those persons, not
earlier than 30 days nor later than 15 days preceding the date of the
hearing. The notice shall contain a statement regarding the nature
of the status review or permanency planning hearing and any change in
the custody or status of the minor being recommended by the
probation department. The notice shall also include a statement
informing the foster parents, relative caregivers, or preadoptive
parents that he or she may attend all hearings or may submit any
information he or she deems relevant to the court in writing. The
foster parents, relative caregiver, and preadoptive parents are
entitled to notice and opportunity to be heard but need not be made
parties to the proceedings. Proof of notice shall be filed with the
court.
(2) If the court or probation officer knows or has reason to know
that the minor is or may be an Indian child, any notice sent under
this section shall comply with the requirements of Section 224.2.
(b) At least 10 calendar days prior to each status review and
permanency planning hearing, after the hearing during which the court
orders that the care, custody and control of the minor to be under
the supervision of the probation officer for placement pursuant to
subdivision (a) of Section 727, the probation officer shall file a
social study report with the court, pursuant to the requirements
listed in Section 706.5.
(c) The probation department shall inform the minor, the minor's
parent or guardian, and all counsel of record that a copy of the
social study prepared for the hearing will be available 10 days prior
to the hearing and may be obtained from the probation officer.
(d) As used in Article 15 (commencing with Section 625) to Article
18 (commencing with Section 725), inclusive:
(1) "Foster care" means residential care provided in any of the
settings described in Section 11402.
(2) "At risk of entering foster care" means that conditions within
a minor's family may necessitate his or her entry into foster care
unless those conditions are resolved.
(3) "Preadoptive parent" means a licensed foster parent who has
been approved for adoption by the State Department of Social Services
when it is acting as an adoption agency or by a licensed adoption
agency.
(4) "Date of entry into foster care" means the date that is 60
days after the date on which the minor was removed from his or her
home, unless one of the exceptions below applies:
(A) If the minor is detained pending foster care placement, and
remains detained for more than 60 days, then the date of entry into
foster care means the date the court adjudges the minor a ward and
orders the minor placed in foster care under the supervision of the
probation officer.
(B) If, before the minor is placed in foster care, the minor is
committed to a ranch, camp, school, or other institution pending
placement, and remains in that facility for more than 60 days, then
the "date of entry into foster care" is the date the minor is
physically placed in foster care.
(C) If at the time the wardship petition was filed, the minor was
a dependent of the juvenile court and in out-of-home placement, then
the "date of entry into foster care" is the earlier of the date the
juvenile court made a finding of abuse or neglect, or 60 days after
the date on which the child was removed from his or her home.
(5) "Reasonable efforts" means:
(A) Efforts made to prevent or eliminate the need for removing the
minor from the minor's home.
(B) Efforts to make it possible for the minor to return home,
including, but not limited to, case management, counseling, parenting
training, mentoring programs, vocational training, educational
services, substance abuse treatment, transportation, and therapeutic
day services.
(C) Efforts to complete whatever steps are necessary to finalize a
permanent plan for the minor.
(D) In child custody proceedings involving an Indian child,
"reasonable efforts" shall also include "active efforts" as defined
in Section 361.7.
(6) "Relative" means an adult who is related to the minor by
blood, adoption, or affinity within the fifth degree of kinship
including stepparents, stepsiblings, and all relatives whose status
is preceded by the words "great," "great-great," "grand," or the
spouse of any of these persons even if the marriage was terminated by
death or dissolution. "Relative" shall also include an "extended
family member" as defined in the federal Indian Child Welfare Act (25
U.S.C. Sec. 1903(2)).
(7) "Hearing" means a noticed proceeding with findings and orders
that are made on a case-by-case basis, heard by either of the
following:
(A) A judicial officer, in a courtroom, recorded by a court
reporter.
(B) An administrative panel, provided that the hearing is a status
review hearing and that the administrative panel meets the following
conditions:
(i) The administrative review shall be open to participation by
the minor and parents or legal guardians and all those persons
entitled to notice under subdivision (a).
(ii) The minor and his or her parents or legal guardians receive
proper notice as required in subdivision (a).
(iii) The administrative review panel is composed of persons
appointed by the presiding judge of the juvenile court, the
membership of which shall include at least one person who is not
responsible for the case management of, or delivery of services to,
the minor or the parents who are the subjects of the review.
(iv) The findings of the administrative review panel shall be
submitted to the juvenile court for the court's approval and shall
become part of the official court record.
SEC. 2.5. Section 727.4 of the Welfare and Institutions Code is
amended to read:
727.4. (a) (1) Notice of any hearing pursuant to Section 727,
727.1, 727.2, or 727.3 shall be mailed by the probation officer to
the minor, the minor's parent or guardian, any adult provider of care
to the minor including, but not limited to, foster parents, relative
caregivers, preadoptive parents, resource family, community care
facility, or foster family agency, and to the counsel of record if
the counsel of record was not present at the time that the hearing
was set by the court, by first-class mail addressed to the last known
address of the person to be notified, or shall be personally served
on those persons, not earlier than 30 days nor later than 15 days
preceding the date of the hearing. The notice shall contain a
statement regarding the nature of the status review or permanency
planning hearing and any change in the custody or status of the minor
being recommended by the probation department. The notice shall also
include a statement informing the foster parents, relative
caregivers, or preadoptive parents that he or she may attend all
hearings or may submit any information he or she deems relevant to
the court in writing. The foster parents, relative caregiver, and
preadoptive parents are entitled to notice and opportunity to be
heard but need not be made parties to the proceedings. Proof of
notice shall be filed with the court.
(2) If the court or probation officer knows or has reason to know
that the minor is or may be an Indian child, any notice sent under
this section shall comply with the requirements of Section 224.2.
(b) At least 10 calendar days prior to each status review and
permanency planning hearing, after the hearing during which the court
orders that the care, custody, and control of the minor to be under
the supervision of the probation officer for placement pursuant to
subdivision (a) of Section 727, the probation officer shall file a
social study report with the court, pursuant to the requirements
listed in Section 706.5.
(c) The probation department shall inform the minor, the minor's
parent or guardian, and all counsel of record that a copy of the
social study prepared for the hearing will be available 10 days prior
to the hearing and may be obtained from the probation officer.
(d) As used in Article 15 (commencing with Section 625) to Article
18 (commencing with Section 725), inclusive:
(1) "Foster care" means residential care provided in any of the
settings described in Section 11402 or 11402.01.
(2) "At risk of entering foster care" means that conditions within
a minor's family may necessitate his or her entry into foster care
unless those conditions are resolved.
(3) "Preadoptive parent" means a licensed foster parent who has
been approved for adoption by the State Department of Social Services
when it is acting as an adoption agency or by a licensed adoption
agency.
(4) "Date of entry into foster care" means the date that is 60
days after the date on which the minor was removed from his or her
home, unless one of the exceptions below applies:
(A) If the minor is detained pending foster care placement, and
remains detained for more than 60 days, then the date of entry into
foster care means the date the court adjudges the minor a ward and
orders the minor placed in foster care under the supervision of the
probation officer.
(B) If, before the minor is placed in foster care, the minor is
committed to a ranch, camp, school, or other institution pending
placement, and remains in that facility for more than 60 days, then
the "date of entry into foster care" is the date the minor is
physically placed in foster care.
(C) If at the time the wardship petition was filed, the minor was
a dependent of the juvenile court and in out-of-home placement, then
the "date of entry into foster care" is the earlier of the date the
juvenile court made a finding of abuse or neglect, or 60 days after
the date on which the child was removed from his or her home.
(5) "Reasonable efforts" means:
(A) Efforts made to prevent or eliminate the need for removing the
minor from the minor's home.
(B) Efforts to make it possible for the minor to return home,
including, but not limited to, case management, counseling, parenting
training, mentoring programs, vocational training, educational
services, substance abuse treatment, transportation, and therapeutic
day services.
(C) Efforts to complete whatever steps are necessary to finalize a
permanent plan for the minor.
(D) In child custody proceedings involving an Indian child,
"reasonable efforts" shall also include "active efforts" as defined
in Section 361.7.
(6) "Relative" means an adult who is related to the minor by
blood, adoption, or affinity within the fifth degree of kinship
including stepparents, stepsiblings, and all relatives whose status
is preceded by the words "great," "great-great," "grand," or the
spouse of any of these persons even if the marriage was terminated by
death or dissolution. "Relative" shall also include an "extended
family member" as defined in the federal Indian Child Welfare Act (25
U.S.C. Sec. 1903(2)).
(7) "Hearing" means a noticed proceeding with findings and orders
that are made on a case-by-case basis, heard by either of the
following:
(A) A judicial officer, in a courtroom, recorded by a court
reporter.
(B) An administrative panel, provided that the hearing is a status
review hearing and that the administrative panel meets the following
conditions:
(i) The administrative review shall be open to participation by
the minor and parents or legal guardians and all those persons
entitled to notice under subdivision (a).
(ii) The minor and his or her parents or legal guardians receive
proper notice as required in subdivision (a).
(iii) The administrative review panel is composed of persons
appointed by the presiding judge of the juvenile court, the
membership of which shall include at least one person who is not
responsible for the case management of, or delivery of services to,
the minor or the parents who are the subjects of the review.
(iv) The findings of the administrative review panel shall be
submitted to the juvenile court for the court's approval and shall
become part of the official court record.
SEC. 3. Section 730 of the Welfare and Institutions Code is
amended to read:
730. (a) If a minor is adjudged a ward of the court on the ground
that he or she is a person described by Section 602, the court may
order any of the types of treatment referred to in Section 727, and
as an additional alternative, may commit the minor to a juvenile
home, ranch, camp, or forestry camp. If there is no county juvenile
home, ranch, camp, or forestry camp within the county, the court may
commit the minor to the county juvenile hall. This subdivision shall
not be construed to authorize a court to commit a minor to a juvenile
home, ranch, camp, or forestry camp located outside of the state.
(b) If a ward described in subdivision (a) is placed under the
supervision of the probation officer or committed to the care,
custody, and control of the probation officer, the court may make any
and all reasonable orders for the conduct of the ward, including the
requirement that the ward go to work and earn money for the support
of his or her dependents or to effect reparation and in either case
that the ward keep an account of his or her earnings and report the
same to the probation officer and apply these earnings as directed by
the court. The court may impose and require any and all reasonable
conditions that it may determine fitting and proper to the end that
justice may be done and the reformation and rehabilitation of the
ward enhanced.
(c) If a ward described in subdivision (a) is placed under the
supervision of the probation officer or committed to the care,
custody, and control of the probation officer, and is required as a
condition of probation to participate in community service or
graffiti cleanup, the court may impose a condition that if the minor
unreasonably fails to attend or unreasonably leaves prior to
completing the assigned daily hours of community service or graffiti
cleanup, a law enforcement officer may take the minor into custody
for the purpose of returning the minor to the site of the community
service or graffiti cleanup.
(d) If a minor is adjudged or continued as a ward of the court on
the ground that he or she is a person described by Section 602 by
reason of the commission of rape, sodomy, oral copulation, or an act
of sexual penetration specified in Section 289 of the Penal Code, the
court shall order the minor to complete a sex offender treatment
program, if the court determines, in consultation with the county
probation officer, that suitable programs are available. In
determining what type of treatment is appropriate, the court shall
consider all of the following: the seriousness and circumstances of
the offense, the vulnerability of the victim, the minor's criminal
history and prior attempts at rehabilitation, the sophistication of
the minor, the threat to public safety, the minor's likelihood of
reoffending, and any other relevant information presented. If ordered
by the court to complete a sex offender treatment program, the minor
shall pay all or a portion of the reasonable costs of the sex
offender treatment program after a determination is made of the
ability of the minor to pay.
SEC. 4. (a) Section 1.5 of this bill incorporates amendments to
Section 727.1 of the Welfare and Institutions Code proposed by both
this bill and Assembly Bill 1997. It shall only become operative if
(1) both bills are enacted and become effective on or before January
1, 2017, (2) each bill amends Section 727.1 of the Welfare and
Institutions Code, and (3) this bill is enacted after Assembly Bill
1997, in which case Section 1 of this bill shall not become
operative.
(b) Section 2.5 of this bill incorporates amendments to Section
727.4 of the Welfare and Institutions Code proposed by both this bill
and Assembly Bill 1997. It shall only become operative if (1) both
bills are enacted and become effective on or before January 1, 2017,
(2) each bill amends Section 727.4 of the Welfare and Institutions
Code, and (3) this bill is enacted after Assembly Bill 1997, in which
case Section 2 of this bill shall not become operative.
