Juveniles: detention.

Section 726(d) was restructured from a two-part provision into a three-part provision. The old version required the court to find that a less restrictive alternative disposition is unsuitable before removing a minor from a parent's custody. The new version separates this into: (1) a requirement to consider reasonable efforts to prevent removal and available services for return home, (2) a prohibition on committing a minor to physical confinement unless a less restrictive alternative to physical confinement specifically is unsuitable, and (3) a requirement that the court state its reasons on the record.

The bill summary was revised to clarify that the prohibition applies to being 'committed to physical confinement' rather than broadly to being 'removed from the physical custody of the minor's parent or guardian as a result of an order of wardship committed to physical confinement.' This narrows the scope of the restriction to physical confinement specifically, potentially allowing removal from parental custody in non-confinement settings (such as placement with a relative or community-based program) without triggering the less-restrictive-alternative finding.

Pagination and line numbering were adjusted throughout the bill (page numbers shifted from 94 to 93), and the amendment history header was updated to reflect both the August 17 and August 13, 2026 Assembly amendments. These are formatting changes with no substantive policy impact.

In Sections 635 and 636, the standard for detaining a minor to protect others was lowered from 'immediate and urgent necessity' to 'reasonably necessary.' The higher 'immediate and urgent necessity' standard still applies when protecting the minor themselves. This makes it easier for courts to justify detention when the concern is harm to others.

The reasonable efforts language in Section 726(d)(2) was expanded from 'eliminate the need for removal' to 'prevent or eliminate the need for removal,' and the timing was clarified as occurring 'prior to removing a minor from the physical custody of the parent or guardian.'

Section 636.3 (the reconsideration provision) was changed from requiring courts to reconsider continued detention based on 'current information' to 'new or current information,' broadening the basis on which a court must reconsider whether continued detention is necessary.

Section 726(d)(1) was narrowed so that the requirement to find a less restrictive alternative unsuitable before removing a minor from parental custody now applies only to orders of wardship 'committed to physical confinement,' rather than to all orders of wardship under Section 602. Minors made wards but not committed to physical confinement (e.g., placed on probation) would no longer trigger this finding requirement.

Assembly Member Quirk-Silva was added as a coauthor of the bill.

The complete legislative text of SB 1009, including all amendments to juvenile detention provisions (least restrictive alternative requirements, detention review procedures, disposition limits, secure youth treatment facility rules), was removed from this version.

Web page navigation elements (menus, search bars, links to bill information, votes, history, analysis) and a brief title header were added in place of the full bill text.

Section 635(a)(1): Removed 'by clear and convincing evidence' from the standard courts must meet before detaining a minor at the initial detention hearing. The court now only needs to find that 'it appears' the minor violated an order, escaped, poses an immediate threat, or is likely to flee.

Section 636(a)(1): Removed 'by clear and convincing evidence' from the standard for continued detention beyond the initial period. The court may now detain a minor if it simply 'appears upon the hearing' that the statutory conditions are met.

Section 726(d)(1): Removed 'by clear and convincing evidence' from the standard for removing a ward from parental custody at disposition. The court now only needs to find that a less restrictive alternative is unsuitable, without meeting the heightened evidentiary burden.

Removed legislative finding (e) which argued that the clear and convincing evidence standard applied to adult pretrial detention under People v. Humphrey (2021) and should similarly apply to youth detention.

Added new legislative findings reaffirming SB 823 (2020) least-restrictive-disposition principles and the In re William M. (1970) principle that 'detention be the exception, not the rule' for justice-involved youth.

Added coauthors: Senator Richardson and Assembly Member Quirk-Silva.

Coauthors Senator Cortese and Assembly Member Harabedian were added to the bill, indicating broader legislative sponsorship.

Page numbers were renumbered from 98 to 97 throughout the bill, reflecting a formatting adjustment.

In Section 636(a)(1), the phrase 'and the court finds by clear and convincing evidence that continuance in the home is contrary to the minor's welfare' was changed to 'and that continuance in the home is contrary to the minor's welfare.' This restructures the sentence so the continuance-in-home finding is grammatically subsumed under the same clear and convincing evidence standard as the detention grounds, rather than being stated as a separate CCE finding. The evidentiary standard appears unchanged; this is a drafting clarification.

Sections 635(a)(1) and 636(a)(1): Removed 'or property' from the protection standard, so a court can no longer detain a minor solely to protect property. The old text allowed detention when 'reasonably necessary for the protection of the person or property of another'; the new text requires 'immediate and urgent necessity for the protection of the minor or for the protection of the person of another.' This narrows the circumstances under which youth can be detained.

Sections 635(a)(1) and 636(a)(1): Removed the redundant phrases 'it appears' and 'it appears upon the hearing' from the evidentiary standard language, clarifying that the court must find by clear and convincing evidence without an additional threshold of appearance.

Section 726(d): Corrected paragraph numbering errors by removing a duplicate '(d)(1) If' heading and eliminating empty numbered placeholders that appeared between substantive paragraphs (4) through (7).

Legislative findings subsection (g): Added a specific citation to Senate Bill 823 (Chapter 337 of the Statutes of 2020) as the source of the Legislature's stated intention to use least restrictive dispositions and reduce confinement in the juvenile justice system.