Signed into law
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California Senate
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Lead sponsor
Juvenile offenders: health facilities.
(1) Under existing law, before the placement of certain minors who are wards of the court due to a violation of law may be made in an out-of-county facility, the parole or probation officer in the county of residence is required to send written notice of the placement, including specified information, to the probation officer of the receiving county. A violation of these provisions is a misdemeanor. This bill would allow the notice to be made in writing, by fax, or electronic transmission. Additionally, the bill would require gang affiliation, as defined, to be included in the information sent to the receiving county. The bill would also require that a copy of the notice be sent, at the same time it is sent to the receiving county, to the community care facility where the ward is being placed, and would require the community care facility to maintain a copy of the notice on file. (2) Under existing law, if a ward of the court, as described above, who is placed in an out-of-county community care facility, has his or her board and care funded though the Aid to Families with Dependent Children-Foster Care program, a plan for supervision and visitation is required to be developed by the county of residence. This bill would require, in addition to the plan for supervision and visitation, that the sending county document information regarding any known gang affiliation or dangerous behavior that indicates the ward may pose a safety concern to the receiving county. It would also require information related to gang affiliation to be included in a case plan required to be developed for the ward pursuant to existing law. (3) Under existing law, a group home is required to annually report all incident reports involving a response by local law enforcement or emergency services personnel that were sent to a placement agency other than the county in which the group home is located. This bill would expressly require a group home, at the request of the probation department of the county in which the group home facility is located, to notify a probation official, as specified, of unusual incidents, including those that concern runaway incidents. This bill would also require the requesting probation department to maintain the confidentiality of any identifying information about the ward contained in the notification and prohibit the probation department from sharing, transferring, or otherwise releasing the identifying information to a third party unless otherwise authorized by state or federal law. (4) Existing law requires a placement agency, as defined, to notify the appropriate licensing agency of any known or suspected incidents, as specified, that would jeopardize the health and safety of residents at a community care facility. A violation of these provisions is a misdemeanor. This bill would add sexual abuse and a situation in which the residents are inadequately supervised to the list of reportable incidents. (5) Because the bill would impose additional duties on the counties and create a new crime, it would create a state-mandated local program. 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 with regard to certain mandates no reimbursement is required by this act for a specified reason. With regard to any other mandates, this bill would provide that, if the Commission on State Mandates determines that the bill contains costs so mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above.
