Welfare and Institutions Code — Part 32 | WIC — United States — California law | Esheria

Welfare and Institutions Code

Part 32 of 35 · provisions 6,201–6,400

This section says the act is to be known as the Welfare and Institutions Code.

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About this statute

The Department of the Youth Authority may establish, maintain, or help develop regional centers for counties’ alternative placement options. When a California law mentions “Whittier State School,” it must be read as referring to Fred C. Nelles School for Boys. This section defines “Youth Authority,” “authority,” “the authority,” and “board” for this chapter. This provision states the purpose of the division: to provide protection, care, and assistance to people in need, and to promote welfare through prompt, humane aid and services without discrimination. This section states the purposes of public social services funded by state grants-in-aid to counties.

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Provisions of Welfare and Institutions Code

Showing 200 of 6,925

  1. 637.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 15. Wards—Temporary Custody and Detention [625 - 641] ( Heading of Article 15 renumbered from Article 6 by Stats. 1976, Ch. 1068. )

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    If no parent or guardian is present or has notice at a juvenile court hearing, a parent or guardian may file an affidavit and the clerk must set a rehearing quickly.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 15. Wards—Temporary Custody and Detention [625 - 641] ( Heading of Article 15 renumbered from Article 6 by Stats. 1976, Ch. 1068. ) ## 637. When a hearing is held under the provisions of this article and no parent or guardian of such minor is present and no parent or guardian has had actual notice of the hearing, a parent or guardian of such minor may file his affidavit setting forth such facts with the clerk of the juvenile court and the clerk shall immediately set the matter for rehearing at a time within 24 hours, excluding Sundays and nonjudicial days from the filing of the affidavit. Upon the rehearing, the court shall proceed in the same manner as upon the original hearing. If the minor or, if the minor is represented by an attorney, the minor’s attorney, requests evidence of the prima facie case, a rehearing shall be held within three judicial days to consider evidence of the prima facie case. If the prima facie case is not established, the minor shall be released from detention. When the court ascertains that the rehearing cannot be held within three judicial days because of the unavailability of a witness, a reasonable continuance may be granted for a period not to exceed five judicial days. (Amended by Stats. 1975, Ch. 1266.)
  2. 638.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 15. Wards—Temporary Custody and Detention [625 - 641] ( Heading of Article 15 renumbered from Article 6 by Stats. 1976, Ch. 1068. )

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    If the minor or a parent or guardian asks, the court must continue the hearing or rehearing for one day, not counting Sundays or nonjudicial days.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 15. Wards—Temporary Custody and Detention [625 - 641] ( Heading of Article 15 renumbered from Article 6 by Stats. 1976, Ch. 1068. ) ## 638. Upon motion of the minor or a parent or guardian of such minor, the court shall continue any hearing or rehearing held under the provisions of this article for one day, excluding Sundays and nonjudicial days. (Repealed and added by Stats. 1961, Ch. 1616.)
  3. 639.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 15. Wards—Temporary Custody and Detention [625 - 641] ( Heading of Article 15 renumbered from Article 6 by Stats. 1976, Ch. 1068. )

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    The court may order a minor, or a parent or guardian present in court, to appear again before the court, probation officer, or county financial evaluation officer.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 15. Wards—Temporary Custody and Detention [625 - 641] ( Heading of Article 15 renumbered from Article 6 by Stats. 1976, Ch. 1068. ) ## 639. Upon any hearing or rehearing under the provisions of this article, the court may order such minor or any parent or guardian of such minor who is present in court to again appear before the court or the probation officer or the county financial evaluation officer at a time and place specified in said order. (Amended by Stats. 1985, Ch. 1485, Sec. 11.)
  4. 641.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 15. Wards—Temporary Custody and Detention [625 - 641] ( Heading of Article 15 renumbered from Article 6 by Stats. 1976, Ch. 1068. )

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    If a minor is taken into temporary custody in another county, the officer may notify the requesting county, but the requesting county officer must forward the warrant quickly and then take the minor into custody and bring the minor before the juvenile court without unnecessary delay. If the minor is not brought before a juvenile court judge in time, the minor must be released.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 15. Wards—Temporary Custody and Detention [625 - 641] ( Heading of Article 15 renumbered from Article 6 by Stats. 1976, Ch. 1068. ) ## 641. Whenever any minor is taken into temporary custody under the provisions of this article in any county other than the county in which the minor is alleged to be within or to come within the jurisdiction of the juvenile court, which county is referred to herein as the requesting county, the officer who has taken the minor into temporary custody may notify the law enforcement agency in the requesting county of the fact that the minor is in custody. When a law enforcement officer, of such requesting county files a petition pursuant to Section 656 with the clerk of the juvenile court of his respective county and secures a warrant therefrom, he shall forward said warrant, or a telegraphic copy thereof to the officer who has the minor in temporary custody as soon as possible within 48 hours, excluding Sundays and nonjudicial days, from the time said juvenile was taken into temporary custody. Thereafter an officer from said requesting county shall take custody of the minor within five days, in the county in which the minor is in temporary custody, and shall take the minor before the juvenile court judge who issued the warrant, or before some other juvenile court of the same county without unnecessary delay. If the minor is not brought before a judge of the juvenile court within the period prescribed by this section, he must be released from custody. (Repealed and added by Stats. 1961, Ch. 1616.)
  5. 650.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 16. Wards—Commencement of Proceedings [650 - 664] ( Heading of Article 16 renumbered from Article 7 by Stats. 1976, Ch. 1068. )

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    This section says juvenile court proceedings to declare a minor a ward of the court begin by filing a petition, with different filing authorities depending on the type of proceeding.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 16. Wards—Commencement of Proceedings [650 - 664] ( Heading of Article 16 renumbered from Article 7 by Stats. 1976, Ch. 1068. ) ## 650. (a) Juvenile court proceedings to declare a minor a ward of the court pursuant to Section 601 are commenced by the filing of a petition by the probation officer except as specified in subdivision (b). (b) Juvenile court proceedings to declare a minor a ward of the court pursuant to subdivision (e) of Section 601.3 may be commenced by the filing of a petition by the probation officer or the district attorney after consultation with the probation officer. (c) Juvenile court proceedings to declare a minor a ward of the court pursuant to Section 602 are commenced by the filing of a petition by the prosecuting attorney. (Amended by Stats. 1991, Ch. 1202, Sec. 15.)
  6. 6500.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. Commitment Classification [6331 - 6609.3] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 2. Persons with Intellectual Disabilities [6500 - 6513] ( Heading of Article 2 amended by Stats. 2012, Ch. 457, Sec. 55. )

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    This section defines key terms and sets commitment rules for persons with developmental disabilities, including when commitment is allowed, who must be notified or appointed, and when commitment orders expire.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. Commitment Classification [6331 - 6609.3] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 2. Persons with Intellectual Disabilities [6500 - 6513] ( Heading of Article 2 amended by Stats. 2012, Ch. 457, Sec. 55. ) ## 6500. (a) For purposes of this article, the following definitions shall apply: (1) “Dangerousness to self or others” shall include, but not be limited to, a finding of incompetence to stand trial pursuant to the provisions of Chapter 6 (commencing with Section 1367) of Title 10 of Part 2 of the Penal Code when the defendant has been charged with murder, mayhem, aggravated mayhem, a violation of Section 207, 209, or 209.5 of the Penal Code in which the victim suffers intentionally inflicted great bodily injury, robbery perpetrated by torture or by a person armed with a dangerous or deadly weapon or in which the victim suffers great bodily injury, carjacking perpetrated by torture or by a person armed with a dangerous or deadly weapon or in which the victim suffers great bodily injury, a violation of subdivision (b) of Section 451 of the Penal Code, a violation of paragraph (1) or (2) of subdivision (a) of former Section 262 or paragraph (2) or (3) of subdivision (a) of Section 261 of the Penal Code, a violation of Section 288 of the Penal Code, any of the following acts when committed by force, violence, duress, menace, fear of immediate and unlawful bodily injury on the victim or another person: a violation of paragraph (1) or (2) of subdivision (a) of former Section 262 of the Penal Code, a violation of Section 264.1, 286, or 287 of, or former Section 288a of, the Penal Code, or a violation of subdivision (a) of Section 289 of the Penal Code; a violation of Section 459 of the Penal Code in the first degree, assault with intent to commit murder, a violation of Section 220 of the Penal Code in which the victim suffers great bodily injury, a violation of Section 18725, 18740, 18745, 18750, or 18755 of the Penal Code, or if the defendant has been charged with a felony involving death, great bodily injury, or an act that poses a serious threat of bodily harm to another person. (2) “Developmental disability” shall have the same meaning as defined in subdivision (a) of Section 4512. (b) (1) A person with a developmental disability may be committed to the State Department of Developmental Services for residential placement other than in a developmental center or state-operated community facility, as provided in subdivision (a) of Section 6509, if the person is found to be a danger to self or others. (A) An order of commitment made pursuant to this paragraph shall expire automatically one year after the order of commitment is made. (B) This paragraph does not prohibit any party enumerated in Section 6502 from filing subsequent petitions for additional periods of commitment. If subsequent petitions are filed, the procedures followed shall be the same as with the initial petition for commitment. (2) A person with a developmental disability shall not be committed to the State Department of Developmental Services for placement in a developmental center or state-operated community facility pursuant to this article unless the person meets the criteria for admission to a developmental center or state-operated community facility pursuant to paragraph (2), (3), (4), (5), or (7) of subdivision (a) of Section 7505 and is dangerous to self or others, or as a result of an acute crisis, or the person currently is a resident of a state developmental center or state-operated community facility pursuant to an order of commitment made pursuant to this article prior to July 1, 2012, and is being recommitted pursuant to paragraph (4) of this subdivision. (3) If the person with a developmental disability is in the care or treatment of a state hospital, developmental center, or other facility at the time a petition for commitment is filed pursuant to this article, proof of a recent overt act while in the care and treatment of a state hospital, developmental center, or other facility is not required in order to find that the person is a danger to self or others. (4) If subsequent petitions are filed with respect to a resident of a developmental center or a state-operated community facility committed prior to July 1, 2012, the procedures followed and criteria for recommitment shall be the same as with the initial petition for commitment. (5) In any proceedings conducted under the authority of this article, the person alleged to have a developmental disability shall be informed of their right to counsel by the court and, if the person does not have an attorney for the proceedings, the court shall immediately appoint the public defender or other attorney to represent them. The person shall pay the cost for the legal services if the person is able to do so. At any judicial proceeding under this article, allegations that a person has a developmental disability and is dangerous to self or others, or as a result of an acute crisis, shall be presented by the district attorney for the county unless the board of supervisors, by ordinance or resolution, delegates this authority to the county counsel. The regional center shall inform the clients’ rights advocate, as described in Section 4433, when a petition is filed under this section and when a petition expires. The clients’ rights advocate for the regional center may attend any judicial proceedings to assist in protecting the individual’s rights. (c) (1) An order of commitment made pursuant to this article with respect to a person described in paragraph (3) of subdivision (a) of Section 7505 shall expire automatically one year after the order of commitment is made. This section does not prohibit a party enumerated in Section 6502 from filing subsequent petitions for additional periods of commitment. If subsequent petitions are filed, the procedures followed shall be the same as with an initial petition for commitment. (2) An order of commitment made pursuant to this article on or after July 1, 2012, with respect to the admission to a developmental center or state-operated community facility of a person described in paragraph (2), (4), or (7) of subdivision (a) of Section 7505 shall expire automatically six months after the earlier of the order of commitment pursuant to this section or the order of a placement in a developmental center pursuant to Section 6506, unless the regional center, prior to the expiration of the order of commitment, notifies the court in writing of the need for an extension. The required notice shall state facts demonstrating that the individual continues to be in acute crisis, as defined in paragraph (1) of subdivision (d) of Section 4418.7, and the justification for the requested extension, and shall be accompanied by the comprehensive assessment and plan described in subdivision (e) of Section 4418.7. An order granting an extension shall not extend the total period of commitment beyond one year, including a placement in a developmental center pursuant to Section 6506. If, prior to expiration of one year, the regional center notifies the court in writing of facts demonstrating that, due to circumstances beyond the regional center’s control, the placement cannot be made prior to expiration of the extension, and the court determines that good cause exists, the court may grant one further extension of up to 30 days. The court may also issue any orders the court deems appropriate to ensure that necessary steps are taken to ensure that the individual can be safely and appropriately transitioned to the community in a timely manner. The required notice shall state facts demonstrating that the regional center has made significant progress implementing the plan described in subdivision (e) of Section 4418.7 and that extraordinary circumstances exist beyond the regional center’s control that have prevented the plan’s implementation. This paragraph does not preclude the individual or a person acting on the person’s behalf from making a request for release pursuant to Section 4800, or counsel for the individual from filing a petition for habeas corpus pursuant to Section 4801. Notwithstanding subdivision (a) of Section 4801, for purposes of this paragraph, judicial review shall be in the superior court of the county that issued the order of commitment pursuant to this section. (3) An order of commitment made pursuant to this article on or after January 1, 2020, with respect to the admission to an institution for mental disease, as described in subparagraph (C) of paragraph (9) of subdivision (a) of Section 4648, shall expire automatically six months after the earlier of the order of commitment pursuant to this section, the order of a placement in an institution for mental disease pursuant to Section 6506, or the date the regional center placed the individual in the institution for mental disease, unless the regional center notifies the court in writing of the need for an extension. The required notice shall state facts demonstrating that the individual continues to be in acute crisis, as defined in paragraph (1) of subdivision (d) of Section 4418.7, and the justification for the requested extension, and shall be accompanied by the comprehensive assessment and plan described in clause (v) of subparagraph (C) of paragraph (9) of subdivision (a) of Section 4648. An order granting an extension shall not extend the total period of commitment beyond one year, including a placement in an institution for mental disease pursuant to Section 6506. If, prior to expiration of one year, the regional center notifies the court in writing of facts demonstrating that, due to circumstances beyond the regional center’s control, the placement cannot be made prior to expiration of the extension, and the court determines that good cause exists, the court may grant one further extension of up to 30 days. The court may also issue any orders the court deems appropriate in order for necessary steps to be taken to ensure that the individual can be safely and appropriately transitioned to the community in a timely manner. The required notice shall state facts demonstrating that the regional center has made significant progress implementing the plan described in clause (v) of subparagraph (C) of paragraph (9) of subdivision (a) of Section 4648 and that extraordinary circumstances exist beyond the regional center’s control that have prevented the plan’s implementation. This paragraph does not preclude the individual or any person acting on their own behalf from making a request for release pursuant to Section 4800, or counsel for the individual from filing a petition for habeas corpus pursuant to Section 4801. Notwithstanding subdivision (a) of Section 4801, for purposes of this paragraph, judicial review shall be in the superior court of the county that issued the order of commitment pursuant to this section. (4) An order of commitment made pursuant to this article on or after July 1, 2024, with respect to the admission to a completed and licensed complex needs home of a person described in paragraph (8) of subdivision (a) of Section 7505 shall expire automatically six months after the earlier of the order of commitment pursuant to this section or the order of a placement pursuant to Section 6506, unless the regional center, prior to the expiration of the order of commitment, notifies the court in writing of the need for an extension. The required notice shall state facts demonstrating that the individual continues to require placement in a complex needs home, as defined in paragraph (3) of subdivision (h) of Section 4418.8, and the justification for the requested extension, and shall be accompanied by the comprehensive assessment and plan described in subdivision (e) of Section 4418.8. An order granting an extension shall not extend the total period of commitment beyond 18 months, except as provided for in subdivision (e) of Section 4418.8, including a placement pursuant to Section 6506. This paragraph does not preclude the individual or a person acting on the person’s behalf from making a request for release pursuant to Section 4800, or counsel for the individual from filing a petition for habeas corpus pursuant to Section 4801. Notwithstanding subdivision (a) of Section 4801, for purposes of this paragraph, judicial review shall be in the superior court of the county that issued the order of commitment pursuant to this section. (Amended by Stats. 2023, Ch. 192, Sec. 10. (SB 138) Effective September 13, 2023.)
  7. 6501.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. Commitment Classification [6331 - 6609.3] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 2. Persons with Intellectual Disabilities [6500 - 6513] ( Heading of Article 2 amended by Stats. 2012, Ch. 457, Sec. 55. )

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    If a qualifying person is committed for placement in a secure treatment facility, the department must give priority to placing that person at Porterville Developmental Center before any other secure treatment facility.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. Commitment Classification [6331 - 6609.3] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 2. Persons with Intellectual Disabilities [6500 - 6513] ( Heading of Article 2 amended by Stats. 2012, Ch. 457, Sec. 55. ) ## 6501. If a person is charged with a violent felony, as described in Section 667.5 of the Penal Code, and the individual has been committed to the State Department of Developmental Services pursuant to Section 1370.1 of the Penal Code or Section 6500 for placement in a secure treatment facility, as described in subdivision (e) of Section 1370.1 of the Penal Code, the department shall give priority to placing the individual at Porterville Developmental Center prior to placing the individual at any other secure treatment facility. (Amended by Stats. 2012, Ch. 25, Sec. 20. (AB 1472) Effective June 27, 2012.)
  8. 6502.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. Commitment Classification [6331 - 6609.3] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 2. Persons with Intellectual Disabilities [6500 - 6513] ( Heading of Article 2 amended by Stats. 2012, Ch. 457, Sec. 55. )

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    Certain listed people may ask the person authorized under Section 6500 to file a commitment petition, and the request must explain why the person is believed eligible for admission and be verified by affidavit.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. Commitment Classification [6331 - 6609.3] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 2. Persons with Intellectual Disabilities [6500 - 6513] ( Heading of Article 2 amended by Stats. 2012, Ch. 457, Sec. 55. ) ## 6502. A petition for the commitment of a person with a developmental disability to the State Department of Developmental Services who has been found incompetent to stand trial pursuant to Chapter 6 (commencing with Section 1367) of Title 10 of Part 2 of the Penal Code when the defendant has been charged with one or more of the offenses identified or described in Section 6500, may be filed in the superior court of the county that determined the question of mental competence of the defendant. All other petitions may be filed in the county in which that person is physically present. A petition for the commitment of a person with a developmental disability to the State Department of Developmental Services who is in acute crisis, as defined in paragraph (1) of subdivision (d) of Section 4418.7, may be filed in the superior court of the county that determined the question of acute crisis or the county in which the acute crisis home is located. The following persons may request the person authorized to present allegations pursuant to Section 6500 to file a petition for commitment: (a) The parent, guardian, conservator, or other person charged with the support of the person with a developmental disability. (b) The probation officer. (c) The Department of Corrections and Rehabilitation, Division of Juvenile Justice. (d) Any person designated for that purpose by the judge of the court. (e) The Secretary of the Department of Corrections and Rehabilitation. (f) The regional center director or the director’s designee. The request shall state the petitioner’s reasons for supposing the person to be eligible for admission thereto, and shall be verified by affidavit. (Amended by Stats. 2021, Ch. 76, Sec. 55. (AB 136) Effective July 16, 2021.)
  9. 6503.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. Commitment Classification [6331 - 6609.3] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 2. Persons with Intellectual Disabilities [6500 - 6513] ( Heading of Article 2 amended by Stats. 2012, Ch. 457, Sec. 55. )

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    The court must set a hearing date and place for the petition, and the hearing date must be within 60 days after filing.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. Commitment Classification [6331 - 6609.3] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 2. Persons with Intellectual Disabilities [6500 - 6513] ( Heading of Article 2 amended by Stats. 2012, Ch. 457, Sec. 55. ) ## 6503. The court shall fix a time and place for the hearing of the petition. The time for the hearing shall be set no more than 60 days after the filing of the petition. The court may grant a continuance only upon a showing of good cause. The hearing may, in the discretion of the court, be held at any place which the court deems proper, and which will give opportunity for the production and examination of witnesses. (Amended by Stats. 1980, Ch. 859, Sec. 3.)
  10. 6504.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. Commitment Classification [6331 - 6609.3] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 2. Persons with Intellectual Disabilities [6500 - 6513] ( Heading of Article 2 amended by Stats. 2012, Ch. 457, Sec. 55. )

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    The court must ensure notice of the petition hearing is given to the person alleged to have a developmental disability, and may also require notice to parents, guardians, conservators, or others supporting that person when a petition is filed.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. Commitment Classification [6331 - 6609.3] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 2. Persons with Intellectual Disabilities [6500 - 6513] ( Heading of Article 2 amended by Stats. 2012, Ch. 457, Sec. 55. ) ## 6504. In all cases the court shall require due notice of the hearing of the petition to be given to the person alleged to have a developmental disability. Whenever a petition is filed, the court shall require such notice of the hearing of the petition as it deems proper to be given to any parent, guardian, conservator, or other person charged with the support of the person mentioned in the petition. (Amended by Stats. 2012, Ch. 25, Sec. 22. (AB 1472) Effective June 27, 2012.)
  11. 6504.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. Commitment Classification [6331 - 6609.3] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 2. Persons with Intellectual Disabilities [6500 - 6513] ( Heading of Article 2 amended by Stats. 2012, Ch. 457, Sec. 55. )

    Verify source ↗

    When a petition is filed under this article, the court must appoint a regional center director (or designee) to examine the person, and reports must be submitted on a short timeline.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. Commitment Classification [6331 - 6609.3] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 2. Persons with Intellectual Disabilities [6500 - 6513] ( Heading of Article 2 amended by Stats. 2012, Ch. 457, Sec. 55. ) ## 6504.5. (a) Wherever a petition is filed pursuant to this article, the court shall appoint the director of a regional center for the developmentally disabled established under Division 4.5 (commencing with Section 4500), or the designee of the director, to examine the person alleged to have a developmental disability. (b) Within 15 judicial days after his or her appointment, the regional center director or designee shall submit to the court in writing a report containing his or her evaluation of the person alleged to have a developmental disability. If the person is an individual described in paragraph (2) of subdivision (a) of Section 7505, the report shall include the results of the assessment conducted pursuant to subdivision (b) of Section 4418.7. The report shall contain a recommendation of a facility or facilities in which the alleged developmentally disabled person may be placed. The report shall include any comprehensive assessment, or updated assessment, conducted by the regional center pursuant to paragraph (2) of subdivision (c) of Section 4418.25. (c) The report shall include a description of the least restrictive residential placement necessary to achieve the purposes of treatment. In determining the least restrictive residential placement, consideration shall be given to public safety. If placement into or out of a developmental center is recommended, the regional center director or designee simultaneously shall submit the report to the executive director of the developmental center or his or her designee. The executive director of the developmental center or his or her designee may, within 15 days of receiving the regional center report, submit to the court a written report evaluating the ability of the developmental center to achieve the purposes of treatment for this person and whether the developmental center placement can adequately provide the security measures or systems required to protect the public health and safety from the potential dangers posed by the person’s known behaviors. (d) The reports prepared by the regional center director and developmental center director, if applicable, shall also address suitable interim placements for the person as provided for in Section 6506. (Amended by Stats. 2014, Ch. 30, Sec. 22. (SB 856) Effective June 20, 2014.)
  12. 6505.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. Commitment Classification [6331 - 6609.3] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 2. Persons with Intellectual Disabilities [6500 - 6513] ( Heading of Article 2 amended by Stats. 2012, Ch. 457, Sec. 55. )

    Verify source ↗

    If the court thinks it is necessary or advisable, it may order the apprehension and delivery of a person alleged to have a developmental disability, and a peace officer may execute the order.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. Commitment Classification [6331 - 6609.3] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 2. Persons with Intellectual Disabilities [6500 - 6513] ( Heading of Article 2 amended by Stats. 2012, Ch. 457, Sec. 55. ) ## 6505. Whenever the court considers it necessary or advisable, it may cause an order to issue for the apprehension and delivery to the court of the person alleged to have a developmental disability, and may have the order executed by a peace officer. (Amended by Stats. 2012, Ch. 457, Sec. 56. (SB 1381) Effective January 1, 2013.)
  13. 6506.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. Commitment Classification [6331 - 6609.3] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 2. Persons with Intellectual Disabilities [6500 - 6513] ( Heading of Article 2 amended by Stats. 2012, Ch. 457, Sec. 55. )

    Verify source ↗

    While a hearing is pending, the court may order temporary placement and treatment for a person alleged to have a developmental disability, and those orders expire when the hearing time arrives.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. Commitment Classification [6331 - 6609.3] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 2. Persons with Intellectual Disabilities [6500 - 6513] ( Heading of Article 2 amended by Stats. 2012, Ch. 457, Sec. 55. ) ## 6506. Pending the hearing, the court may order that the alleged dangerous person alleged to have a developmental disability may be left in the charge of his or her parent, guardian, conservator, or other suitable person, or placed in a state developmental center, in the county psychiatric hospital, or in any other suitable placement as determined by the court. Prior to the issuance of an order under this section, the regional center and developmental center, if applicable, shall recommend to the court a suitable person or facility to care for the person alleged to have a developmental disability. The determination of a suitable person or facility shall be the least restrictive option that provides for the person’s treatment needs and that has existing security systems or measures in place to adequately protect the public safety from any known dangers posed by the person. In determining whether the public safety will be adequately protected, the court shall make the finding required by subparagraph (D) of paragraph (1) of subdivision (a) of Section 1370.1 of the Penal Code. Pending the hearing, the court may order that the person receive necessary habilitation, care, and treatment, including medical and dental treatment. Orders made pursuant to this section shall expire at the time set for the hearing pursuant to Section 6503. If the court upon a showing of good cause grants a continuance of the hearing on the matter, it shall order that the person be detained pursuant to this section until the hearing on the petition is held. (Amended by Stats. 2012, Ch. 25, Sec. 24. (AB 1472) Effective June 27, 2012.)
  14. 6507.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. Commitment Classification [6331 - 6609.3] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 2. Persons with Intellectual Disabilities [6500 - 6513] ( Heading of Article 2 amended by Stats. 2012, Ch. 457, Sec. 55. )

    Verify source ↗

    The court must inquire into whether the person alleged to have a developmental disability has that condition or status.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. Commitment Classification [6331 - 6609.3] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 2. Persons with Intellectual Disabilities [6500 - 6513] ( Heading of Article 2 amended by Stats. 2012, Ch. 457, Sec. 55. ) ## 6507. The court shall inquire into the condition or status of the person alleged to have a developmental disability. For this purpose it may by subpoena require the attendance before it of a physician who has made a special study of developmental disabilities and is qualified as a medical examiner, and of a clinical psychologist, or of two such physicians, or of two such psychologists, to examine the person and testify concerning his or her developmental disability. The court may also by subpoena require the attendance of such other persons as it deems advisable, to give evidence. (Amended by Stats. 2012, Ch. 25, Sec. 25. (AB 1472) Effective June 27, 2012.)
  15. 6508.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. Commitment Classification [6331 - 6609.3] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 2. Persons with Intellectual Disabilities [6500 - 6513] ( Heading of Article 2 amended by Stats. 2012, Ch. 457, Sec. 55. )

    Verify source ↗

    Psychologists, physicians, and some witnesses are entitled to fees and expenses for attendance, and the county treasurer must pay covered amounts that are not otherwise paid, once a judge certifies the claim.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. Commitment Classification [6331 - 6609.3] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 2. Persons with Intellectual Disabilities [6500 - 6513] ( Heading of Article 2 amended by Stats. 2012, Ch. 457, Sec. 55. ) ## 6508. Each psychologist and physician shall receive for each attendance mentioned in Section 6507 the sum of five dollars ($5) for each person examined, together with his necessary actual expenses occasioned thereby, and other witnesses shall receive for such attendance such fees and expenses as the court in its discretion allows, if any, not exceeding the fees and expenses allowed by law in other cases in the superior court. Any fees or traveling expenses payable to a psychologist, physician, or witness as provided in this section and all expenses connected with the execution of any process under the provisions of this article, which are not paid by the parent, guardian, conservator, or person charged with the support of the person with the supposed developmental disability, shall be paid by the county treasurer of the county in which the person resides, upon the presentation to the treasurer of a certificate of the judge that the claimant is entitled thereto. (Amended by Stats. 2012, Ch. 25, Sec. 26. (AB 1472) Effective June 27, 2012.)
  16. 6509.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. Commitment Classification [6331 - 6609.3] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 2. Persons with Intellectual Disabilities [6500 - 6513] ( Heading of Article 2 amended by Stats. 2012, Ch. 457, Sec. 55. )

    Verify source ↗

    A court may commit a person with a developmental disability to the State Department of Developmental Services for suitable treatment and habilitation services if specified conditions are met.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. Commitment Classification [6331 - 6609.3] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 2. Persons with Intellectual Disabilities [6500 - 6513] ( Heading of Article 2 amended by Stats. 2012, Ch. 457, Sec. 55. ) ## 6509. (a) If the court finds that the person has a developmental disability, and is a danger to self or to others, or is in acute crisis, as defined in paragraph (1) of subdivision (d) of Section 4418.7, or in paragraph (1) of subdivision (h) of Section 4418.8, the court may make an order that the person be committed to the State Department of Developmental Services for suitable treatment and habilitation services. For purposes of this section, “suitable treatment and habilitation services” means the least restrictive residential placement necessary to achieve the purposes of treatment. Care and treatment of a person committed to the State Department of Developmental Services may include placement in any of the following: (1) A licensed community care facility, as defined in Section 1502 of the Health and Safety Code, or a health facility, as defined in Section 1250 of the Health and Safety Code, other than a developmental center or state-operated facility. (2) A property used to provide Stabilization, Training, Assistance and Reintegration (STAR) services operated by the department if the person meets the criteria for admission pursuant to paragraph (2) of subdivision (a) of Section 7505. (3) The secure treatment program at Porterville Developmental Center, if the person meets the criteria for admission pursuant to paragraph (3) of subdivision (a) of Section 7505. (4) Canyon Springs Community Facility, if the person meets the criteria for admission pursuant to paragraph (4), (5), or (6) of subdivision (a) of Section 7505. (5) On or after July 1, 2019, the acute crisis center at Porterville Developmental Center, if the person meets the criteria for admission pursuant to paragraph (7) of subdivision (a) of Section 7505. (6) On or after July 1, 2024, upon completion and licensing, a complex needs home as defined in paragraph (3) of subdivision (h) of Section 4418.8, if the person meets the criteria for admission pursuant to subdivision (c) of Section 4418.8. (7) Any other appropriate placement permitted by law. (b) (1) The court shall hold a hearing as to the available placement alternatives and consider the reports of the regional center director or designee and the developmental center director or designee submitted pursuant to Section 6504.5. After hearing all the evidence, the court shall order that the person be committed to the placement that the court finds to be the most appropriate and least restrictive alternative. If the court finds that release of the person can be made subject to conditions that the court deems proper and adequate for the protection and safety of others and the welfare of the person, the person shall be released subject to those conditions. (2) The court, however, may commit a person with a developmental disability who is not a resident of this state under Section 4460 for the purpose of transportation of the person to the state of legal residence pursuant to Section 4461. The State Department of Developmental Services shall receive the person committed to it and shall place the person in the placement ordered by the court. (c) If the person has at any time been found mentally incompetent pursuant to Chapter 6 (commencing with Section 1367) of Title 10 of Part 2 of the Penal Code arising out of a complaint charging a felony offense specified in Section 290 of the Penal Code, the court shall order the State Department of Developmental Services to give notice of that finding to the designated placement facility and the appropriate law enforcement agency or agencies having local jurisdiction at the site of the placement facility. (d) For persons residing in the secure treatment program at the Porterville Developmental Center, at the person’s annual individual program plan meeting the team shall determine if the person should be considered for transition from the secure treatment program to an alternative placement. If the team concludes that an alternative placement is appropriate, the regional center, in coordination with the developmental center, shall conduct a comprehensive assessment and develop a proposed plan to transition the individual from the secure treatment program to the community. The transition plan shall be based upon the individual’s needs, developed through the individual program plan process, and shall ensure that needed services and supports will be in place at the time the individual moves. Individual supports and services shall include, when appropriate for the individual, wrap-around services through intensive individualized support services. The clients’ rights advocate for the regional center shall be notified of the individual program plan meeting and may participate in the meeting unless the consumer objects on their own behalf. The individual’s transition plan shall be provided to the court as part of the notice required pursuant to subdivision (e). (e) If the State Department of Developmental Services decides that a change in placement is necessary, it shall notify, in writing, the court of commitment, the district attorney, the attorney of record for the person, and the regional center of its decision at least 15 days in advance of the proposed change in placement. The court may hold a hearing and either approve or disapprove of the change or take no action, in which case the change shall be deemed approved. At the request of the district attorney or of the attorney for the person, a hearing shall be held. (Amended by Stats. 2023, Ch. 192, Sec. 11. (SB 138) Effective September 13, 2023.)
  17. 651.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 16. Wards—Commencement of Proceedings [650 - 664] ( Heading of Article 16 renumbered from Article 7 by Stats. 1976, Ch. 1068. )

    Verify source ↗

    Juvenile court proceedings under this chapter may be started in specified county courts.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 16. Wards—Commencement of Proceedings [650 - 664] ( Heading of Article 16 renumbered from Article 7 by Stats. 1976, Ch. 1068. ) ## 651. Proceedings under this chapter may be commenced either in the juvenile court for the county in which a minor resides, or in which a minor is found, or in which the circumstances exist or acts take place to bring a minor within the provisions of Section 601 or Section 602. (Amended (as added by Stats. 1982, Ch. 1088, Sec. 9) by Stats. 1984, Ch. 1412, Sec. 5.)
  18. 651.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 16. Wards—Commencement of Proceedings [650 - 664] ( Heading of Article 16 renumbered from Article 7 by Stats. 1976, Ch. 1068. )

    Verify source ↗

    This section defines “community-based organization” for this article.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 16. Wards—Commencement of Proceedings [650 - 664] ( Heading of Article 16 renumbered from Article 7 by Stats. 1976, Ch. 1068. ) ## 651.5. For purposes of this article, “community-based organization” means a public or private nonprofit organization of demonstrated effectiveness that is representative of a community or significant segments of a community and provides educational, physical, or mental health, recreational, arts, and other youth development or related services to individuals in the community. (Added by Stats. 2020, Ch. 323, Sec. 9. (AB 901) Effective January 1, 2021.)
  19. 6510.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. Commitment Classification [6331 - 6609.3] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 2. Persons with Intellectual Disabilities [6500 - 6513] ( Heading of Article 2 amended by Stats. 2012, Ch. 457, Sec. 55. )

    Verify source ↗

    If a petition is dismissed and the court thinks it was filed maliciously, the court may order the petitioner to pay related expenses.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. Commitment Classification [6331 - 6609.3] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 2. Persons with Intellectual Disabilities [6500 - 6513] ( Heading of Article 2 amended by Stats. 2012, Ch. 457, Sec. 55. ) ## 6510. In case of the dismissal of the petition, the court may, if it considers the petition to have been filed with malicious intent, order the petitioner to pay the expenses in connection therewith, and may enforce such payment by such further orders as it deems necessary. (Added by Stats. 1967, Ch. 1667.)
  20. 6510.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. Commitment Classification [6331 - 6609.3] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 2. Persons with Intellectual Disabilities [6500 - 6513] ( Heading of Article 2 amended by Stats. 2012, Ch. 457, Sec. 55. )

    Verify source ↗

    The court must not order placement in a developmental center when the department has specifically notified the court in writing that the person cannot be safely served there.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. Commitment Classification [6331 - 6609.3] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 2. Persons with Intellectual Disabilities [6500 - 6513] ( Heading of Article 2 amended by Stats. 2012, Ch. 457, Sec. 55. ) ## 6510.5. Under no circumstances shall the court order placement of a person described in this article or a dangerous person committed pursuant to Section 1370.1 of the Penal Code to a developmental center if the department has specifically notified the court in writing that the individual cannot be safely served in that developmental center. (Added by Stats. 2012, Ch. 25, Sec. 28. (AB 1472) Effective June 27, 2012.)
  21. 6511.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. Commitment Classification [6331 - 6609.3] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 2. Persons with Intellectual Disabilities [6500 - 6513] ( Heading of Article 2 amended by Stats. 2012, Ch. 457, Sec. 55. )

    Verify source ↗

    A person must not knowingly and improperly cause someone to be adjudged developmentally disabled under this article; doing so is a misdemeanor.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. Commitment Classification [6331 - 6609.3] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 2. Persons with Intellectual Disabilities [6500 - 6513] ( Heading of Article 2 amended by Stats. 2012, Ch. 457, Sec. 55. ) ## 6511. Any person who knowingly contrives to have any person adjudged to have a developmental disability under the provisions of this article, unlawfully or improperly, is guilty of a misdemeanor. (Amended by Stats. 2012, Ch. 25, Sec. 29. (AB 1472) Effective June 27, 2012.)
  22. 6512.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. Commitment Classification [6331 - 6609.3] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 2. Persons with Intellectual Disabilities [6500 - 6513] ( Heading of Article 2 amended by Stats. 2012, Ch. 457, Sec. 55. )

    Verify source ↗

    A court may pause a juvenile or criminal proceeding if it appears the person has a developmental disability, and may order temporary detention or guardianship while a petition is prepared and heard.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. Commitment Classification [6331 - 6609.3] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 2. Persons with Intellectual Disabilities [6500 - 6513] ( Heading of Article 2 amended by Stats. 2012, Ch. 457, Sec. 55. ) ## 6512. If, when a boy or girl is brought before a juvenile court under the juvenile court law, it appears to the court, either before or after adjudication, that the person has a developmental disability, or if, on the conviction of any person of a crime by any court, it appears to the court that the person has a developmental disability, the court may adjourn the proceedings or suspend the sentence, as the case may be, and direct some suitable person to take proceedings under this article against the person before the court, and the court may order that, pending the preparation, filing, and hearing of the petition, the person before the court be detained in a place of safety, or be placed under the guardianship of some suitable person, on his entering into a recognizance for the appearance of the person upon trial or under conviction when required. If, upon the hearing of the petition, or upon a subsequent hearing, the person upon trial or under conviction is not found to have a developmental disability, the court may proceed with the trial or impose sentence, as the case may be. (Amended by Stats. 2012, Ch. 25, Sec. 30. (AB 1472) Effective June 27, 2012.)
  23. 6513.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. Commitment Classification [6331 - 6609.3] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 2. Persons with Intellectual Disabilities [6500 - 6513] ( Heading of Article 2 amended by Stats. 2012, Ch. 457, Sec. 55. )

    Verify source ↗

    The State Department of Developmental Services must pay certain judicial proceeding costs when the county and patient-location conditions are met. County officials may prepare a cost statement, and the statement must be certified by a superior court judge and sent to the department; statements may also be submitted quarterly.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. Commitment Classification [6331 - 6609.3] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 2. Persons with Intellectual Disabilities [6500 - 6513] ( Heading of Article 2 amended by Stats. 2012, Ch. 457, Sec. 55. ) ## 6513. (a) The State Department of Developmental Services shall pay for the costs, as defined in this section, of judicial proceedings, including commitment, placement, or release, under this article under both of the following conditions: (1) The judicial proceedings are in a county where a state hospital or developmental center maintains a treatment program for persons with intellectual disabilities who are a danger to themselves or others. (2) The judicial proceedings relate to a person with an intellectual disability who is at the time residing in the state hospital or developmental center located in the county of the proceedings. (b) The appropriate financial officer or other designated official in a county described in subdivision (a) may prepare a statement of all costs incurred by the county in the investigation, preparation for, and conduct of the proceeding, including any costs of the district attorney or county counsel and any public defender or court-appointed counsel representing the person, and including any costs incurred by the county for the guarding or keeping of the person while away from the state hospital and for transportation of the person to and from the hospital. The statement shall be certified by a judge of the superior court and shall be sent to the State Department of Developmental Services. In lieu of sending statements after each proceeding, the statements may be held and submitted quarterly for the preceding three-month period. (Amended by Stats. 2012, Ch. 457, Sec. 57. (SB 1381) Effective January 1, 2013.)
  24. 652.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 16. Wards—Commencement of Proceedings [650 - 664] ( Heading of Article 16 renumbered from Article 7 by Stats. 1976, Ch. 1068. )

    Verify source ↗

    When a probation officer has cause to believe a person in the county is within Section 601 or 602, the officer must immediately investigate whether juvenile court proceedings should begin.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 16. Wards—Commencement of Proceedings [650 - 664] ( Heading of Article 16 renumbered from Article 7 by Stats. 1976, Ch. 1068. ) ## 652. Whenever the probation officer has cause to believe that there was or is within the county, or residing therein, a person within the provisions of Section 601 or 602, the probation officer shall immediately make an investigation he or she deems necessary to determine whether proceedings in the juvenile court should be commenced, including whether reasonable efforts, as described in paragraph (5) of subdivision (d) of Section 727.4, have been made to prevent or eliminate the need for removal of the minor from his or her home. However, this section does not require an investigation by the probation officer with respect to a minor delivered or referred to an agency pursuant to subdivision (b) of Section 626. (Amended by Stats. 1999, Ch. 997, Sec. 8. Effective January 1, 2000.)
  25. 652.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 16. Wards—Commencement of Proceedings [650 - 664] ( Heading of Article 16 renumbered from Article 7 by Stats. 1976, Ch. 1068. )

    Verify source ↗

    When a minor is referred or delivered under Section 626(b), the receiving agency must investigate right away and may start a service program; if it does not start one within the stated time limits, it must notify the referring officer in writing and keep a copy for 30 days.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 16. Wards—Commencement of Proceedings [650 - 664] ( Heading of Article 16 renumbered from Article 7 by Stats. 1976, Ch. 1068. ) ## 652.5. (a) Whenever an officer refers or delivers a minor pursuant to subdivision (b) of Section 626, the agency to which the minor is referred or delivered shall immediately make such investigation as that agency deems necessary to determine what disposition of the minor that agency shall make and shall initiate a service program for the minor when appropriate. (b) The service program for any minor referred or delivered to the agency for any act described in Section 602 shall include constructive assignments that will help the minor learn to be responsible for his or her actions. The assignments may include, but not be limited to, requiring the minor to repair damaged property or to make other appropriate restitution, or requiring the minor to participate in an educational or counseling program. (c) If the referral agency does not initiate a service program on behalf of a minor referred to the agency within 20 calendar days, or initiate a service program on behalf of a minor delivered to the agency within 10 days, that agency shall immediately notify the referring officer of that decision in writing. The referral agency shall retain a copy of that written notification for 30 days. (Amended by Stats. 2017, Ch. 678, Sec. 8. (SB 190) Effective January 1, 2018.)
  26. 653.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 16. Wards—Commencement of Proceedings [650 - 664] ( Heading of Article 16 renumbered from Article 7 by Stats. 1976, Ch. 1068. )

    Verify source ↗

    A person asking to start juvenile court proceedings must file an affidavit with supporting facts, and the probation officer or district attorney must promptly investigate whether the case should begin.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 16. Wards—Commencement of Proceedings [650 - 664] ( Heading of Article 16 renumbered from Article 7 by Stats. 1976, Ch. 1068. ) ## 653. Whenever any person applies to the probation officer or the district attorney in accordance with subdivision (e) of Section 601.3, to commence proceedings in the juvenile court, the application shall be in the form of an affidavit alleging that there was or is within the county, or residing therein, a minor within the provisions of Section 601 and setting forth facts in support thereof. The probation officer or the district attorney, in consultation with the probation officer, shall immediately make any investigation he or she deems necessary to determine whether proceedings in the juvenile court should be commenced. (Amended by Stats. 1994, Ch. 450, Sec. 1. Effective January 1, 1995.)
  27. 653.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 16. Wards—Commencement of Proceedings [650 - 664] ( Heading of Article 16 renumbered from Article 7 by Stats. 1976, Ch. 1068. )

    Verify source ↗

    A probation officer must promptly send certain affidavits to the prosecuting attorney when the minor meets specified conditions, and the prosecuting attorney may send the affidavit back if no petition is filed.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 16. Wards—Commencement of Proceedings [650 - 664] ( Heading of Article 16 renumbered from Article 7 by Stats. 1976, Ch. 1068. ) ## 653.1. Notwithstanding Section 653, in the case of an affidavit alleging that the minor is a person described in Section 602, the probation officer shall cause the affidavit to be immediately taken to the prosecuting attorney if it appears to the probation officer that the minor has been referred to the probation officer for any violation of an offense listed in subdivision (b) of Section 707 and that offense was allegedly committed when the minor was 14 years of age or older. If the prosecuting attorney decides not to file a petition, he or she may return the affidavit to the probation officer for any other appropriate action. (Amended by Stats. 2018, Ch. 423, Sec. 124. (SB 1494) Effective January 1, 2019.)
  28. 653.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 16. Wards—Commencement of Proceedings [650 - 664] ( Heading of Article 16 renumbered from Article 7 by Stats. 1976, Ch. 1068. )

    Verify source ↗

    This section tells the probation officer and prosecuting attorney what to do when someone applies to start juvenile court proceedings.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 16. Wards—Commencement of Proceedings [650 - 664] ( Heading of Article 16 renumbered from Article 7 by Stats. 1976, Ch. 1068. ) ## 653.5. (a) Whenever any person applies to the probation officer to commence proceedings in the juvenile court, the application shall be in the form of an affidavit alleging that there was or is within the county, or residing therein, a minor within the provisions of Section 602, or that a minor committed an offense described in Section 602 within the county, and setting forth facts in support thereof. The probation officer shall immediately make any investigation the probation officer deems necessary to determine whether proceedings in the juvenile court shall be commenced. If the probation officer determines that it is appropriate to recommend services to the family to prevent or eliminate the need for removal of the minor from the minor’s home, the probation officer shall make a referral to those services. The probation officer shall refer the youth to services provided by a health agency, community-based organization, local educational agency, an appropriate non-law-enforcement agency, or the probation department. (b) Except as provided in subdivision (c), if the probation officer determines that proceedings pursuant to Section 650 should be commenced to declare a person to be a ward of the juvenile court on the basis that the minor is a person described in Section 602, the probation officer shall cause the affidavit to be taken to the prosecuting attorney. (c) Notwithstanding subdivision (b), the probation officer shall cause the affidavit to be taken within 48 hours to the prosecuting attorney in all of the following cases: (1) If it appears to the probation officer that the minor has been referred to the probation officer for any violation of an offense listed in subdivision (b), paragraph (2) of subdivision (d), or subdivision (e) of Section 707. (2) If it appears to the probation officer that the minor is under 14 years of age at the date of the offense and that the offense constitutes a second felony referral to the probation officer. (3) If it appears to the probation officer that the minor was 14 years of age or older at the date of the offense and that the offense constitutes a felony referral to the probation officer. (4) If it appears to the probation officer that the minor has been referred to the probation officer for the sale or possession for sale of a controlled substance as defined in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code. (5) If it appears to the probation officer that the minor has been referred to the probation officer for a violation of Section 11350 or 11377 of the Health and Safety Code where the violation takes place at a public or private elementary, vocational, junior high school, or high school, or a violation of Section 245.5, 626.9, or 626.10 of the Penal Code. (6) If it appears to the probation officer that the minor has been referred to the probation officer for a violation of Section 186.22 of the Penal Code. (7) If it appears to the probation officer that the minor has committed an offense in which the restitution owed to the victim exceeds five thousand dollars ($5,000). For purposes of this paragraph, the definition of “victim” in paragraph (1) of subdivision (a) of Section 730.6 and “restitution” in subdivision (h) of Section 730.6 shall apply. (d) Except for offenses listed in paragraph (5), subdivision (c) shall not apply to a narcotics and drug offense set forth in Section 1000 of the Penal Code. (e) The prosecuting attorney shall within their discretionary power institute proceedings in accordance with their role as public prosecutor pursuant to subdivision (b) of Section 650 and Section 26500 of the Government Code. However, if it appears to the prosecuting attorney that the affidavit was not properly referred, that the offense for which the minor was referred should be charged as a misdemeanor, or that the minor may benefit from a program of informal supervision, they shall refer the matter to the probation officer for whatever action the probation officer may deem appropriate. (f) In all matters where the minor is not in custody and is already a ward of the court or a probationer under Section 602, the prosecuting attorney, within five judicial days of receipt of the affidavit from the probation officer, shall institute proceedings in accordance with their role as public prosecutor pursuant to subdivision (b) of Section 650 of this code and Section 26500 of the Government Code, unless it appears to the prosecuting attorney that the affidavit was not properly referred or that the offense for which the minor was referred requires additional substantiating information, in which case they shall immediately notify the probation officer of what further action they are taking. (g) This section shall become operative on January 1, 1997. (Amended by Stats. 2023, Ch. 850, Sec. 1. (AB 1643) Effective January 1, 2024.)
  29. 653.7.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 16. Wards—Commencement of Proceedings [650 - 664] ( Heading of Article 16 renumbered from Article 7 by Stats. 1976, Ch. 1068. )

    Verify source ↗

    If the probation officer does not act within 21 court days, the officer must endorse the affidavit with the decision and reasons, notify the applicant immediately, and keep the affidavit and endorsement for 30 court days after notice.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 16. Wards—Commencement of Proceedings [650 - 664] ( Heading of Article 16 renumbered from Article 7 by Stats. 1976, Ch. 1068. ) ## 653.7. If the probation officer does not take action under Section 654 and does not file a petition in juvenile court within 21 court days after the application, or in the case of an affidavit alleging that a minor committed an offense described in Section 602 or alleging that a minor is within Section 602, does not cause the affidavit to be taken to the prosecuting attorney within 21 court days after the application, he or she shall endorse upon the affidavit of the applicant the decision not to proceed further and the reasons therefor and shall immediately notify the applicant of the action taken or the decision rendered by him or her under this section. The probation officer shall retain the affidavit and the endorsement thereon for a period of 30 court days after the notice to the applicant. (Amended by Stats. 1984, Ch. 1412, Sec. 10.)
  30. 654.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 16. Wards—Commencement of Proceedings [650 - 664] ( Heading of Article 16 renumbered from Article 7 by Stats. 1976, Ch. 1068. )

    Verify source ↗

    A probation officer may use diversion and supervision options instead of filing a petition, with consent requirements and time limits.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 16. Wards—Commencement of Proceedings [650 - 664] ( Heading of Article 16 renumbered from Article 7 by Stats. 1976, Ch. 1068. ) ## 654. (a) In any case in which a probation officer, after investigation of an application for a petition or any other investigation the probation officer is authorized to make, concludes that a minor is within the jurisdiction of the juvenile court, or would come within the jurisdiction of the court if a petition were filed, the probation officer may, in lieu of filing a petition to declare a minor a ward of the court under Section 601 or requesting that a petition be filed by the prosecuting attorney to declare a minor a ward of the court under subdivision (e) of Section 601.3 or Section 602 and with consent of the minor and the minor’s parent or guardian, refer the minor to services provided by a health agency, community-based organization, local educational agency, an appropriate non-law-enforcement agency, or the probation department. If the services are provided by the probation department, the probation officer may delineate specific programs of supervision for the minor, not to exceed six months, and attempt thereby to adjust the situation that brings the minor within the jurisdiction of the court. This section does not prevent the probation officer from requesting the prosecuting attorney to file a petition at any time within the six-month period or a 90-day period thereafter. If the probation officer determines that the minor has not participated in the specific programs within 60 days, the probation officer may file a petition or request that a petition be filed by the prosecuting attorney. However, when in the judgment of the probation officer the interest of the minor and the community can be protected, the probation officer shall make a diligent effort to proceed under this section. (b) The program of supervision of the minor undertaken pursuant to this section may call for the minor to obtain care and treatment for the misuse of, or addiction to, controlled substances from a county mental health service or other appropriate community agency. (c) The program of supervision shall encourage the parents or guardians of the minor to participate with the minor in counseling or education programs, including, but not limited to, parent education and parenting programs operated by community colleges, school districts, or other appropriate agencies designated by the court if the program of supervision is pursuant to the procedure prescribed in Section 654.2. (d) Further, a probation officer with consent of the minor and the minor’s parent or guardian may provide the following services in lieu of filing a petition: (1) Maintain and operate sheltered-care facilities, or contract with private or public agencies to provide these services. The placement shall be limited to a maximum of 90 days. Counseling services shall be extended to the sheltered minor and the minor’s family during this period of diversion services. Referrals for sheltered-care diversion may be made by the minor, the minor’s family, schools, any law enforcement agency, or any other private or public social service agency. (2) Maintain and operate crisis resolution homes, or contract with private or public agencies offering these services. Residence at these facilities shall be limited to 20 days during which period individual and family counseling shall be extended to the minor and the minor’s family. Failure to resolve the crisis within the 20-day period may result in the minor’s referral to a sheltered-care facility for a period not to exceed 90 days. Referrals shall be accepted from the minor, the minor’s family, schools, law enforcement, or any other private or public social service agency. (3) Maintain and operate counseling and educational centers, or contract with community-based organizations or public agencies to provide vocational training or skills, counseling and mental health resources, educational supports, and arts, recreation, and other youth development services. These services may be provided separately or in conjunction with crisis resolution homes to be operated by the probation officer. The probation officer shall be authorized to make referrals to those organizations when available. (4) Refer an offense to a youth, peer, or teen court established and maintained by the probation officer or by a community-based organization, Indian tribe, tribal court, or private or public agency, to implement restorative justice practices designed to enable peer youth jurors to hear cases and make dispositions for offenses committed by youths. Such referral offenses may include, but are not limited to, infractions or misdemeanors specified in subdivisions (a) to (v), inclusive, of Section 48900 of the Education Code, or for any other violation the probation officer may determine appropriate for referral. This provision shall be implemented consistent with subdivision (w) of Section 48900 of the Education Code. At the conclusion of the program of supervision undertaken pursuant to this section, the probation officer shall prepare and maintain a followup report of the actual program measures taken. (Amended by Stats. 2024, Ch. 179, Sec. 1. (SB 1005) Effective January 1, 2025.)
  31. 654.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 16. Wards—Commencement of Proceedings [650 - 664] ( Heading of Article 16 renumbered from Article 7 by Stats. 1976, Ch. 1068. )

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    For certain Vehicle Code violations by a minor, the probation officer may use a supervision program instead of asking for a wardship petition, but must have the citation heard and disposed of by the judge, referee, or juvenile hearing officer.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 16. Wards—Commencement of Proceedings [650 - 664] ( Heading of Article 16 renumbered from Article 7 by Stats. 1976, Ch. 1068. ) ## 654.1. (a) Notwithstanding Section 654 or any other provision of law, in any case in which a minor has been charged with a violation of Section 23140 or 23152 of the Vehicle Code, the probation officer may, in lieu of requesting that a petition be filed by the prosecuting attorney to declare the minor a ward of the court under Section 602, proceed in accordance with Section 654 and delineate a program of supervision for the minor. However, the probation officer shall cause the citation for a violation of Section 23140 or 23152 of the Vehicle Code to be heard and disposed of by the judge, referee, or juvenile hearing officer pursuant to Sections 257 and 258 as a condition of any program of supervision. (b) This section may not be construed to prevent the probation officer from requesting the prosecuting attorney to file a petition to declare the minor a ward of the court under Section 602 for a violation of Section 23140 or 23152 of the Vehicle Code. However, if in the judgment of the probation officer, the interest of the minor and the community can be protected by adjudication of a violation of Section 23140 or 23152 of the Vehicle Code in accordance with subdivision (a), the probation officer shall proceed under subdivision (a). (Amended by Stats. 2003, Ch. 149, Sec. 90. Effective January 1, 2004.)
  32. 654.2.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 16. Wards—Commencement of Proceedings [650 - 664] ( Heading of Article 16 renumbered from Article 7 by Stats. 1976, Ch. 1068. )

    Verify source ↗

    The court may delay a wardship hearing for six months, order supervision, and must dismiss the petition if supervision is completed successfully.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 16. Wards—Commencement of Proceedings [650 - 664] ( Heading of Article 16 renumbered from Article 7 by Stats. 1976, Ch. 1068. ) ## 654.2. (a) If a petition has been filed by the prosecuting attorney to declare a minor a ward of the court under Section 602, the court may, without adjudging the minor a ward of the court and with the consent of the minor and the minor’s parents or guardian, continue any hearing on a petition for six months and order the minor to participate in a program of supervision as set forth in Section 654. If the probation officer recommends additional time to enable the minor to complete the program, the court at its discretion may order an extension. Fifteen days prior to the final conclusion of the program of supervision undertaken pursuant to this section, the probation officer shall submit to the court a followup report of the minor’s participation in the program. The minor and the minor’s parents or guardian shall be ordered to appear at the conclusion of the six-month period and at the conclusion of each additional three-month period. If the minor successfully completes the program of supervision, the court shall order the petition be dismissed. If the minor has not successfully completed the program of supervision, proceedings on the petition shall proceed no later than 12 months from the date the petition was filed. (b) If the minor is eligible for Section 654 supervision, and the probation officer believes the minor would benefit from a program of supervision pursuant to this section, the probation officer may, in referring the affidavit described in Section 653.5 to the prosecuting attorney, recommend informal supervision as provided in this section. (c) A minor shall be given equal consideration for informal probation pursuant to Section 654.3 regardless of whether the minor lives in the county where the offense occurred. (Amended by Stats. 2024, Ch. 782, Sec. 7. (SB 1161) Effective January 1, 2025.)
  33. 654.3.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 16. Wards—Commencement of Proceedings [650 - 664] ( Heading of Article 16 renumbered from Article 7 by Stats. 1976, Ch. 1068. )

    Verify source ↗

    A minor is generally not eligible for the supervision program, unless the court finds an interests-of-justice exception and states its reasons on the record.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 16. Wards—Commencement of Proceedings [650 - 664] ( Heading of Article 16 renumbered from Article 7 by Stats. 1976, Ch. 1068. ) ## 654.3. (a) A minor shall not be eligible for the program of supervision set forth in Section 654 or 654.2 in the following cases, except where the interests of justice would best be served and the court specifies on the record the reasons for its decision: (1) A petition alleges that the minor has violated Section 245.5, 626.9, or 626.10 of the Penal Code. (2) A petition alleges that the minor has violated Section 186.22 of the Penal Code. (3) The minor has previously participated in a program of supervision pursuant to Section 654. (4) The minor has previously been adjudged a ward of the court pursuant to Section 602. (5) (A) A petition alleges that the minor has violated an offense in which the restitution owed to the victim exceeds five thousand dollars ($5,000). However, a minor’s inability to pay restitution due to the minor’s indigence shall not be grounds for finding a minor ineligible for the program of supervision or a finding that the minor has failed to comply with the terms of the program of supervision. (B) For purposes of this paragraph, the definition of “victim” in paragraph (1) of subdivision (a) of Section 730.6 and “restitution” in subdivision (h) of Section 730.6 shall apply. (b) A minor shall not be eligible for the program of supervision set forth in Section 654 or 654.2 in the case of a petition alleging that the minor has violated an offense listed in subdivision (b) of Section 707, except in unusual cases where the court determines the interests of justice would be best served and the court specified on the record the reason for its decision. (Amended by Stats. 2023, Ch. 850, Sec. 2. (AB 1643) Effective January 1, 2024.)
  34. 654.4.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 16. Wards—Commencement of Proceedings [650 - 664] ( Heading of Article 16 renumbered from Article 7 by Stats. 1976, Ch. 1068. )

    Verify source ↗

    Some minors in specified supervision programs must complete an alcohol or drug education program.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 16. Wards—Commencement of Proceedings [650 - 664] ( Heading of Article 16 renumbered from Article 7 by Stats. 1976, Ch. 1068. ) ## 654.4. Any minor who is placed in a program of supervision set forth in Section 654 or 654.2 for a violation of an offense involving the unlawful possession, use, sale, or other furnishing of a controlled substance, as defined in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code, or for violating subdivision (f) of Section 647 of the Penal Code or Section 23140 or 23152 of the Vehicle Code, shall be required to participate in and successfully complete an alcohol or drug education program from a county mental health agency or other appropriate community program. (Added by Stats. 1989, Ch. 1117, Sec. 13.)
  35. 654.6.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 16. Wards—Commencement of Proceedings [650 - 664] ( Heading of Article 16 renumbered from Article 7 by Stats. 1976, Ch. 1068. )

    Verify source ↗

    A supervision program for certain minors must include constructive assignments that help the minor learn responsibility.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 16. Wards—Commencement of Proceedings [650 - 664] ( Heading of Article 16 renumbered from Article 7 by Stats. 1976, Ch. 1068. ) ## 654.6. A program of supervision pursuant to Section 654 or 654.2 for any minor described in Section 602 shall include constructive assignments that will help the minor learn to be responsible for his or her actions. The assignments may include, but not be limited to, requiring the minor to perform at least 10 hours of community service, requiring the minor to repair damaged property or to make other appropriate restitution, or requiring the minor to participate in an educational or counseling program. (Amended by Stats. 2017, Ch. 678, Sec. 10. (SB 190) Effective January 1, 2018.)
  36. 655.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 16. Wards—Commencement of Proceedings [650 - 664] ( Heading of Article 16 renumbered from Article 7 by Stats. 1976, Ch. 1068. )

    Verify source ↗

    This section lets an applicant seek review if a probation officer or district attorney does not file the requested juvenile court petition on time, and it limits district attorneys from filing certain ward petitions except as separately allowed.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 16. Wards—Commencement of Proceedings [650 - 664] ( Heading of Article 16 renumbered from Article 7 by Stats. 1976, Ch. 1068. ) ## 655. (a) When any person has applied to the probation officer, pursuant to Section 653, to request commencement of juvenile court proceedings to declare a minor a ward of the court under Section 602 and the probation officer does not cause the affidavit to be taken to the prosecuting attorney pursuant to Section 653 within 21 court days after such application, the applicant may, within 10 court days after receiving notice of the probation officer’s decision not to file a petition, apply to the prosecuting attorney to review the decision of the probation officer, and the prosecuting attorney may either affirm the decision of the probation officer or commence juvenile court proceedings. (b) When any person has applied to the probation officer or the district attorney, pursuant to Section 653, to commence juvenile court proceedings to declare a minor a dependent child of the court or a ward of the court under Section 601 and the probation officer or district attorney fails to file a petition within 21 court days after making such application, the applicant may, within 10 court days after receiving notice of the probation officer’s or district attorney’s decision not to file a petition, apply to the juvenile court to review the decision of the probation officer or district attorney, and the court may either affirm the decision of the probation officer or district attorney or order him or her to commence juvenile court proceedings. (c) Nothing in subdivision (b) shall be construed so as to allow district attorneys to file a petition to make a minor a ward of the court under Section 601, except as specifically allowed by Section 653 in accordance with subdivision (e) of Section 601.3. (Amended by Stats. 1991, Ch. 1202, Sec. 18.)
  37. 655.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 16. Wards—Commencement of Proceedings [650 - 664] ( Heading of Article 16 renumbered from Article 7 by Stats. 1976, Ch. 1068. )

    Verify source ↗

    If a minor has been referred or delivered under Section 626(b) and the referral agency does not start a service program on time under Section 652.5, the referring agency may ask the probation officer to review that decision within 10 court days after the referral agency receives notice.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 16. Wards—Commencement of Proceedings [650 - 664] ( Heading of Article 16 renumbered from Article 7 by Stats. 1976, Ch. 1068. ) ## 655.5. When an officer has referred or delivered a minor pursuant to subdivision (b) of Section 626, and the referral agency does not initiate a service program for the minor within the time periods required by Section 652.5, the referring agency may within 10 court days following receipt of the notification by the referral agency, apply to the probation officer for a review of that decision. (Added by Stats. 1984, Ch. 260, Sec. 9.)
  38. 6550.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. Commitment Classification [6331 - 6609.3] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 3. Juvenile Court Wards [6550 - 6552] ( Heading of Article 3 renumbered from Article 6 by Stats. 1980, Ch. 676, Sec. 342. )

    Verify source ↗

    If the juvenile court is unsure about a minor’s mental health or mental condition after finding the minor fits certain sections, it may continue the hearing and proceed under this article.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. Commitment Classification [6331 - 6609.3] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 3. Juvenile Court Wards [6550 - 6552] ( Heading of Article 3 renumbered from Article 6 by Stats. 1980, Ch. 676, Sec. 342. ) ## 6550. If the juvenile court, after finding that the minor is a person described by Section 300, 601, or 602, is in doubt concerning the state of mental health or the mental condition of the person, the court may continue the hearing and proceed pursuant to this article. (Amended by Stats. 1989, Ch. 1360, Sec. 163.)
  39. 6551.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. Commitment Classification [6331 - 6609.3] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 3. Juvenile Court Wards [6550 - 6552] ( Heading of Article 3 renumbered from Article 6 by Stats. 1980, Ch. 676, Sec. 342. )

    Verify source ↗

    If the juvenile court is unsure whether a person has a mental health disorder or intellectual disability, it must order a 72-hour county-designated facility evaluation. The facility must report back, and depending on the findings, the person may be certified for up to 14 days of involuntary intensive treatment or the juvenile court may pursue an intellectually disabled-person commitment filing.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. Commitment Classification [6331 - 6609.3] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 3. Juvenile Court Wards [6550 - 6552] ( Heading of Article 3 renumbered from Article 6 by Stats. 1980, Ch. 676, Sec. 342. ) ## 6551. (a) If the court is in doubt as to whether the person has a mental health disorder or an intellectual disability, the court shall order the person to be taken to a facility designated by the county and approved by the State Department of Health Care Services as a facility for 72-hour treatment and evaluation. Thereupon, Article 1 (commencing with Section 5150) of Chapter 2 of Part 1 of Division 5 applies, except that the professional person in charge of the facility shall make a written report to the court concerning the results of the evaluation of the person’s mental condition. If the professional person in charge of the facility finds the person is, as a result of a mental health disorder, in need of intensive treatment, the person may be certified for not more than 14 days of involuntary intensive treatment if the conditions set forth in subdivision (c) of Section 5250 and subdivision (b) of Section 5260 are complied with. Thereupon, Article 4 (commencing with Section 5250) of Chapter 2 of Part 1 of Division 5 shall apply to the person. The person may be detained pursuant to Article 4.5 (commencing with Section 5260), or Article 4.7 (commencing with Section 5270.10), or Article 6 (commencing with Section 5300) of Part 1 of Division 5 if that article applies. (b) If the professional person in charge of the facility finds that the person has an intellectual disability, the juvenile court may direct the filing in any other court of a petition for the commitment of a minor as an intellectually disabled person to the State Department of Developmental Services for placement in a state hospital. In that case, the juvenile court shall transmit to the court in which the petition is filed a copy of the report of the professional person in charge of the facility in which the minor was placed for observation. The court in which the petition for commitment is filed may accept the report of the professional person in lieu of the appointment, or subpoenaing, and testimony of other expert witnesses appointed by the court, if the laws applicable to the commitment proceedings provide for the appointment by court of medical or other expert witnesses or may consider the report as evidence in addition to the testimony of medical or other expert witnesses. (c) If the professional person in charge of the facility for 72-hour evaluation and treatment reports to the juvenile court that the minor is not affected with a mental health disorder requiring intensive treatment or an intellectual disability, the professional person in charge of the facility shall return the minor to the juvenile court on or before the expiration of the 72-hour period and the court shall proceed with the case in accordance with the Juvenile Court Law. (d) Expenditure for the evaluation or intensive treatment of a minor under this section shall be considered an expenditure made under Part 2 (commencing with Section 5600) of Division 5 and shall be reimbursed by the state as are other local expenditures pursuant to that part. (e) The jurisdiction of the juvenile court over the minor shall be suspended during the time that the minor is subject to the jurisdiction of the court in which the petition for postcertification treatment of an imminently dangerous person or the petition for commitment of an intellectually disabled person is filed or under remand for 90 days for intensive treatment or commitment ordered by the court. (Amended by Stats. 2014, Ch. 144, Sec. 111. (AB 1847) Effective January 1, 2015.)
  40. 6552.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. Commitment Classification [6331 - 6609.3] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 3. Juvenile Court Wards [6550 - 6552] ( Heading of Article 3 renumbered from Article 6 by Stats. 1980, Ch. 676, Sec. 342. )

    Verify source ↗

    A minor under juvenile court jurisdiction may apply for voluntary inpatient or outpatient mental health services, and the juvenile court can authorize the application if stated conditions are met.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. Commitment Classification [6331 - 6609.3] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 3. Juvenile Court Wards [6550 - 6552] ( Heading of Article 3 renumbered from Article 6 by Stats. 1980, Ch. 676, Sec. 342. ) ## 6552. A minor who has been declared to be within the jurisdiction of the juvenile court may, with the advice of counsel, make voluntary application for inpatient or outpatient mental health services in accordance with Section 5003. Notwithstanding subdivision (b) of Section 6000, Section 6002, or Section 6004, the juvenile court may authorize the minor to make the application if it is satisfied from the evidence before it that the minor is experiencing a mental disorder that may reasonably be expected to be cured or ameliorated by a course of treatment offered by the hospital, facility, or program in which the minor wishes to be placed, and that there is no other available hospital, program, or facility that might better serve the minor’s medical needs and best interest. The superintendent or person in charge of any state, county, or other hospital facility or program may then receive the minor as a voluntary patient. Applications and placements under this section shall be subject to the provisions and requirements of the Short-Doyle Act (Part 2 (commencing with Section 5600) of Division 5), which are generally applicable to voluntary admissions. The juvenile court shall review the application for judicial authorization of the voluntary application for admission to a psychiatric residential treatment facility pursuant to Section 361.23 or 727.13, as applicable. If the minor is accepted as a voluntary patient, the juvenile court may issue an order to the minor and to the person in charge of the hospital, facility, or program in which the minor is to be placed that should the minor leave or demand to leave the care or custody thereof prior to the time they are discharged by the superintendent or person in charge, they shall be returned forthwith to the juvenile court for a further dispositional hearing pursuant to the juvenile court law. The provisions of this section shall continue to apply to the minor until the termination or expiration of the jurisdiction of the juvenile court. (Amended by Stats. 2024, Ch. 948, Sec. 61. (AB 2119) Effective January 1, 2025.)
  41. 656.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 16. Wards—Commencement of Proceedings [650 - 664] ( Heading of Article 16 renumbered from Article 7 by Stats. 1976, Ch. 1068. )

    Verify source ↗

    A petition to start juvenile court proceedings to declare a minor a ward must be verified and include specified information and notices.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 16. Wards—Commencement of Proceedings [650 - 664] ( Heading of Article 16 renumbered from Article 7 by Stats. 1976, Ch. 1068. ) ## 656. A petition to commence proceedings in the juvenile court to declare a minor a ward of the court shall be verified and shall contain all of the following: (a) The name of the court to which it is addressed. (b) The title of the proceeding. (c) The code section and subdivision under which the proceedings are instituted. (d) The name, age, and address, if any, of the minor upon whose behalf the petition is brought. (e) The names and residence addresses, if known to the petitioner, of both of the parents and any guardian of the minor. If there is no parent or guardian residing within the state, or if his or her place of residence is not known to the petitioner, the petition shall also contain the name and residence address, if known, of any adult relative residing within the county, or, if there are none, the adult relative residing nearest to the location of the court. (f) A concise statement of facts, separately stated, to support the conclusion that the minor upon whose behalf the petition is being brought is a person within the definition of each of the sections and subdivisions under which the proceedings are being instituted. (g) The fact that the minor upon whose behalf the petition is brought is detained in custody or is not detained in custody, and if he or she is detained in custody, the date and the precise time the minor was taken into custody. (h) In a proceeding alleging that the minor comes within Section 601, notice to the parent, guardian, or other person having control or charge of the minor that failure to comply with the compulsory school attendance laws is an infraction, which may be charged and prosecuted before the juvenile court judge sitting as a superior court judge. In those cases, the petition shall also include notice that the parent, guardian, or other person having control or charge of the minor has the right to a hearing on the infraction before a judge different than the judge who has heard or is to hear the proceeding pursuant to Section 601. The notice shall explain the provisions of Section 170.6 of the Code of Civil Procedure. (i) If a proceeding is pending against a minor child for a violation of Section 594.2, 640.5, 640.6, or 640.7 of the Penal Code, a notice to the parent or legal guardian of the minor that if the minor is found to have violated either or both of these provisions that (1) any community service that may be required of the minor may be performed in the presence, and under the direct supervision, of the parent or legal guardian pursuant to either or both of these provisions, and (2) if the minor is personally unable to pay any fine levied for the violation of either or both of these provisions, that the parent or legal guardian of the minor shall be liable for payment of the fine pursuant to those sections. (j) A notice to the parent or guardian of the minor that if the minor is ordered to make restitution to the victim pursuant to Section 729.6, as operative on or before August 2, 1995, Section 731.1, as operative on or before August 2, 1995, or Section 730.6, or to pay fines or penalty assessments, the parent or guardian may be liable for the payment of restitution, fines, or penalty assessments. (Amended by Stats. 2017, Ch. 678, Sec. 11. (SB 190) Effective January 1, 2018.)
  42. 656.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 16. Wards—Commencement of Proceedings [650 - 664] ( Heading of Article 16 renumbered from Article 7 by Stats. 1976, Ch. 1068. )

    Verify source ↗

    A petition for a minor described by Section 602 must state for each count whether the charged crime is a felony or a misdemeanor.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 16. Wards—Commencement of Proceedings [650 - 664] ( Heading of Article 16 renumbered from Article 7 by Stats. 1976, Ch. 1068. ) ## 656.1. Any petition alleging that the minor is a person described by Section 602 shall specify as to each count whether the crime charged is a felony or a misdemeanor. (Added by Stats. 1976, Ch. 1071.)
  43. 656.2.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 16. Wards—Commencement of Proceedings [650 - 664] ( Heading of Article 16 renumbered from Article 7 by Stats. 1976, Ch. 1068. )

    Verify source ↗

    Victims get rights to speak, attend, and receive information in juvenile court cases, and victims and officials have related notice and confidentiality duties.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 16. Wards—Commencement of Proceedings [650 - 664] ( Heading of Article 16 renumbered from Article 7 by Stats. 1976, Ch. 1068. ) ## 656.2. (a) (1) Notwithstanding any other law, a victim shall have the right to present a victim impact statement in all juvenile court hearings concerning petitions filed pursuant to Section 602 alleging the commission of any criminal offense. In any case in which a minor is alleged to have committed a criminal offense, the probation officer shall inform the victim of the rights of victims to submit a victim impact statement. If the victim exercises the right to submit a victim impact statement to the probation officer, the probation officer is encouraged to include the statement in his or her social study submitted to the court pursuant to Section 706 and, if applicable, in his or her report submitted to the court pursuant to Section 707. The probation officer also shall advise those persons as to the time and place of the disposition hearing to be conducted pursuant to Sections 702 and 706; any fitness hearing to be conducted pursuant to Section 707, and any other judicial proceeding concerning the case. (2) The officer shall also provide the victim with information concerning the victim’s right to an action for civil damages against the minor and his or her parents and the victim’s opportunity to be compensated from the restitution fund. The information shall be in the form of written material prepared by the Judicial Council and shall be provided to each victim for whom the probation officer has a current mailing address. (b) Notwithstanding any other law, the persons from whom the probation officer is required to solicit a statement pursuant to subdivision (a) shall have the right to attend the disposition hearing conducted pursuant to Section 702 and to express their views concerning the offense and disposition of the case pursuant to Section 706, to attend any fitness hearing conducted pursuant to Section 707, and to be present during juvenile proceedings as provided in Section 676.5. (c) (1) Notwithstanding any other law, in any case in which a minor is alleged to have committed an act subject to a fitness hearing under Section 707, the victim shall have the right to be informed of all court dates and continuances pertaining to the case, and shall further have the right to obtain copies of the charging petition, the minutes of the proceedings, and orders of adjudications and disposition of the court that are contained in the court file. The arresting agency shall notify the victim in a timely manner of the address and telephone number of the juvenile branch of the district attorney’s office that will be responsible for the case and for informing the victim of the victim’s right to attend hearings and obtain documents as provided in this section. The district attorney shall, upon request, inform the victim of the date of the fitness hearing, the date of the disposition hearing, and the dates for any continuances of those hearings, and shall inform the court if the victim seeks to exercise his or her right to obtain copies of the documents described in this subdivision. (2) Where the proceeding against the minor is based on a felony that is not listed in Section 676, a victim who obtains information about the minor under this subdivision shall not disclose or disseminate this information beyond his or her immediate family or support persons authorized by Section 676, unless authorized to do so by a judge of the juvenile court, and the judge may suspend or terminate the right of the victim to access to information under this subdivision if the information is improperly disclosed or disseminated by the victim or any members of his or her immediate family. The intentional dissemination of documents in violation of this subdivision is a misdemeanor and shall be punished by a fine of not more than five hundred dollars ($500). Documents released by the court to a victim pursuant to this section shall be stamped as confidential and with a statement that the unlawful dissemination of the documents is a misdemeanor punishable by a fine of not more than five hundred dollars ($500). (d) Upon application of the district attorney for good cause and a showing of potential danger to the public, the court may redact any information contained in any documents released by the court to a victim pursuant to this section. (e) For purposes of this section, “victim” means the victim, the parent or guardian of the victim if the victim is a minor, or, if the victim has died, the victim’s next of kin. (Amended by Stats. 2013, Ch. 28, Sec. 91. (SB 71) Effective June 27, 2013.)
  44. 656.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 16. Wards—Commencement of Proceedings [650 - 664] ( Heading of Article 16 renumbered from Article 7 by Stats. 1976, Ch. 1068. )

    Verify source ↗

    A juvenile court may dismiss an unverified petition without prejudice.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 16. Wards—Commencement of Proceedings [650 - 664] ( Heading of Article 16 renumbered from Article 7 by Stats. 1976, Ch. 1068. ) ## 656.5. Any petition filed in juvenile court to commence proceedings pursuant to this chapter that is not verified may be dismissed without prejudice by such court. (Added by Stats. 1972, Ch. 897.)
  45. 657.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 16. Wards—Commencement of Proceedings [650 - 664] ( Heading of Article 16 renumbered from Article 7 by Stats. 1976, Ch. 1068. )

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    The juvenile court clerk must set a petition for hearing within 30 days, with shorter deadlines in some custody situations. A minor alleged under Sections 601 or 602 may, with counsel’s consent, admit the petition allegations and waive the jurisdictional hearing.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 16. Wards—Commencement of Proceedings [650 - 664] ( Heading of Article 16 renumbered from Article 7 by Stats. 1976, Ch. 1068. ) ## 657. (a) Upon the filing of the petition, the clerk of the juvenile court shall set the same for hearing within 30 days, except as follows: (1) In the case of a minor detained in custody at the time of the filing of the petition, the petition must be set for hearing within 15 judicial days from the date of the order of the court directing such detention. (2) In the case of a minor not before the juvenile court at the time of the filing of the petition and for whom a warrant of arrest has been issued pursuant to Section 663, the hearing on the petition shall be stayed until the minor is brought before the juvenile court on the warrant of arrest. The clerk of the juvenile court shall set the petition for hearing within 30 days of the minor’s initial appearance in juvenile court on the petition, except that in the case of a minor detained in custody, the petition shall be set for hearing within 15 judicial days from the date of the order of the court directing such detention. (b) At the detention hearing, or any time thereafter, a minor who is alleged to come within the provisions of Section 601 or 602, may, with the consent of counsel, admit in court the allegations of the petition and waive the jurisdictional hearing. (Amended by Stats. 1984, Ch. 158, Sec. 1.)
  46. 658.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 16. Wards—Commencement of Proceedings [650 - 664] ( Heading of Article 16 renumbered from Article 7 by Stats. 1976, Ch. 1068. )

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    The juvenile court clerk must issue and serve notices and petition copies when a petition is filed, with special rules for minors, related caretakers, attorneys, and the district attorney.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 16. Wards—Commencement of Proceedings [650 - 664] ( Heading of Article 16 renumbered from Article 7 by Stats. 1976, Ch. 1068. ) ## 658. (a) Except as provided in subdivision (b), upon the filing of the petition, the clerk of the juvenile court shall issue a notice, to which shall be attached a copy of the petition, and he or she shall cause the same to be served upon the minor, if the minor is eight or more years of age, and upon each of the persons described in subdivision (e) of Section 656 whose residence addresses are set forth in the petition and thereafter before the hearing upon all persons whose residence addresses become known to the clerk. If the court has ordered 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 clerk shall also issue a copy of that notice to any foster parents, preadoptive parents, legal guardians, or relatives providing care to the minor. The clerk shall issue a copy of the petition, to the minor’s attorney and to the district attorney, if the district attorney has notified the clerk of the court that he or she wishes to receive the petition, containing the time, date, and place of the hearing. Service under this subdivision may be by electronic service pursuant to Section 212.5, except that electronic service is not authorized if the minor is detained and those persons entitled to notice are not present at the initial detention hearing. (b) Upon the filing of a supplemental petition where the minor has been declared a ward of the court or a probationer under Section 602 in the original matter, the clerk of the juvenile court shall issue a notice, to which shall be attached a copy of the petition, and he or she shall cause the notice to be served upon the minor, if the minor is eight or more years of age, and upon each of the persons described in subdivision (e) of Section 656 whose residence addresses are set forth in the supplemental petition and thereafter known to the clerk. The clerk shall issue a copy of the supplemental petition to the minor’s attorney, and to the district attorney if the probation officer is the petitioner, or, to the probation officer if the district attorney is the petitioner, containing the time, date, and place of the hearing. If the court has ordered 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 clerk shall also issue a copy of that notice to any foster parents, preadoptive parents, legal guardians, or relatives providing care to the minor. Service under this subdivision may be by electronic service pursuant to Section 212.5. (Amended by Stats. 2017, Ch. 319, Sec. 138. (AB 976) Effective January 1, 2018.)
  47. 659.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 16. Wards—Commencement of Proceedings [650 - 664] ( Heading of Article 16 renumbered from Article 7 by Stats. 1976, Ch. 1068. )

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    The notice must include the hearing details, the minor’s name, the sections used, and attorney-rights statements. If an indigent parent, guardian, or adult relative wants counsel, they must promptly notify the juvenile court clerk; they may also be liable for some court-provided counsel costs, except for costs for representing the minor.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 16. Wards—Commencement of Proceedings [650 - 664] ( Heading of Article 16 renumbered from Article 7 by Stats. 1976, Ch. 1068. ) ## 659. The notice shall contain all of the following: (a) The name and address of the person to whom the notice is directed. (b) The date, time, and place of the hearing on the petition. (c) The name of the minor upon whose behalf the petition has been brought. (d) Each section and subdivision under which the proceeding has been instituted. (e) A statement that the minor and his or her parent or guardian or adult relative, as the case may be, to whom notice is required to be given, are entitled to have an attorney present at the hearing on the petition, and that, if the parent or guardian or the adult relative is indigent and cannot afford an attorney, and the minor or his or her parent or guardian or the adult relative desires to be represented by an attorney, the parent or guardian or adult relative shall promptly notify the clerk of the juvenile court, and that in the event counsel or legal assistance is furnished by the court, the parent or guardian or adult relative shall be liable to the county, to the extent of his, her, or their financial ability, for all or a portion of the cost thereof, but he or shall not be liable for the cost of counsel or legal assistance furnished by the court for purposes of representing the minor. (f) A statement that the parent or guardian of the minor may be liable for the payment of restitution, fines, or penalty assessments if the minor is ordered to make restitution to the victim or to pay fines or penalty assessments. (Amended by Stats. 2017, Ch. 678, Sec. 12. (SB 190) Effective January 1, 2018.)
  48. 660.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 16. Wards—Commencement of Proceedings [650 - 664] ( Heading of Article 16 renumbered from Article 7 by Stats. 1976, Ch. 1068. )

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    This section requires the juvenile court clerk to serve notice and a copy of the petition on required persons within specified time limits, depending on whether the minor is detained.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 16. Wards—Commencement of Proceedings [650 - 664] ( Heading of Article 16 renumbered from Article 7 by Stats. 1976, Ch. 1068. ) ## 660. (a) Except as provided in subdivision (b), if the minor is detained, the clerk of the juvenile court shall cause the notice and copy of the petition to be served on all persons required to receive that notice and copy of the petition pursuant to subdivision (e) of Section 656 and Section 658, either personally or by certified mail with request for return receipt, as soon as possible after filing of the petition and at least five days before the time set for hearing, unless the hearing is set less than five days from the filing of the petition, in which case, the notice and copy of the petition shall be served at least 24 hours before the time set for hearing. Service under this subdivision shall not be made by electronic service. (b) If the minor is detained, and all persons entitled to notice pursuant to subdivision (e) of Section 656 and Section 658 were present at the detention hearing, the clerk of the juvenile court shall cause the notice and copy of the petition to be served on all persons required to receive the notice and copy of the petition, by personal service, by first-class mail, or by electronic service pursuant to Section 212.5, as soon as possible after the filing of the petition and at least five days before the time set for hearing, unless the hearing is set less than five days from the filing of the petition, in which case the notice and copy of the petition shall be served at least 24 hours before the time set for the hearing. Service under this subdivision may be by electronic service pursuant to Section 212.5 except that electronic service is not authorized if the minor is detained and those persons entitled to notice are not present at the detention hearing. (c) If the minor is not detained, the clerk of the juvenile court shall cause the notice and copy of the petition to be served on all persons required to receive the notice and copy of the petition, by personal service, by first-class mail, or by electronic service pursuant to Section 212.5 at least 10 days before the time set for hearing. If that person is known to reside outside of the county, the clerk of the juvenile court shall serve the notice and copy of the petition, by first-class mail or by electronic service pursuant to Section 212.5, to that person, as soon as possible after the filing of the petition and at least 10 days before the time set for hearing. Failure to respond to the notice shall in no way result in arrest or detention. In the instance of failure to appear after notice by first-class mail or by electronic service pursuant to Section 212.5, the court shall direct that the notice and copy of the petition is to be personally served on all persons required to receive the notice and a copy of the petition. However, if the whereabouts of the minor are unknown, personal service of the notice and a copy of the petition is not required and a warrant for the arrest of the minor may be issued pursuant to Section 663. Personal service of the notice and copy of the petition outside of the county at least 10 days before the time set for hearing is equivalent to service by first-class mail or electronic service. Service may be waived by any person by a voluntary appearance entered in the minutes of the court or by a written waiver of service filed with the clerk of the court at or prior to the hearing. (d) For purposes of this section, service on the minor’s attorney shall constitute service on the minor’s parent or legal guardian. (Amended by Stats. 2017, Ch. 319, Sec. 139. (AB 976) Effective January 1, 2018. Note: This section was amended on March 7, 2000, by initiative Prop. 21.)
  49. 660.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 16. Wards—Commencement of Proceedings [650 - 664] ( Heading of Article 16 renumbered from Article 7 by Stats. 1976, Ch. 1068. )

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    This section sets a juvenile-court citation and appearance process for certain non-detained youth, requires county and court deadlines, and makes willful failure to appear a misdemeanor.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 16. Wards—Commencement of Proceedings [650 - 664] ( Heading of Article 16 renumbered from Article 7 by Stats. 1976, Ch. 1068. ) ## 660.5. (a) This section shall be known as the Expedited Youth Accountability Program. It shall be operative in the superior court in Los Angeles County. It shall also be operative in any other county in which a committee consisting of the sheriff, the chief probation officer, the district attorney, the public defender, and the presiding judge of the superior court votes to participate in the program, upon approval by the board of supervisors. (b) It is the intent of the Legislature to hold nondetained, delinquent youth accountable for their crimes in a swift and certain manner. (c) Each county participating in the Expedited Youth Accountability Program shall establish agreed upon time deadlines for law enforcement, probation, district attorney, and court functions which shall assure that a case which is to proceed pursuant to this section shall be ready to be heard within 60 calendar days after the minor is cited to the court. (d) (1) Notwithstanding Sections 658, 659, and 660, if a minor, who is between 12 years of age and 17 years of age, inclusive, is not detained for any misdemeanor or felony offense and is not cited to Informal Juvenile and Traffic Court pursuant to paragraphs (1) to (15), inclusive, of Section 256 and Section 853.6a of the Penal Code, the peace officer or probation officer releasing the minor shall issue a citation and obtain a written promise to appear in juvenile court, or record the minor’s refusal to sign the promise to appear and serve a notice to appear in juvenile court. The appearance shall not be set for more than 60 calendar days nor less than 10 calendar days from the issuance of the citation. If the 60th day falls on a court holiday, the appearance date shall be on the next date that the court is in session. The date set for the appearance of the minor shall allow for sufficient time for the probation department to evaluate eligible minors for informal handling under Section 654 or any other disposition provided by law. However, nothing in this section shall be construed to limit or conflict with Sections 653.1 and 653.5. (2) Upon receipt of the citation and petition, but in no event less than 72 hours, excluding nonjudicial days and holidays prior to the hearing, the clerk of the juvenile court shall issue a copy of the citation and petition to the public defender or the minor’s attorney of record. If a copy of the citation and petition is not provided at least 72 hours, excluding nonjudicial days and holidays prior to the hearing, it shall be grounds to request a continuance pursuant to Sections 682 and 700. At a hearing conducted under Section 700, the minor and minor’s parent or guardian shall be furnished a copy of the petition and any other material required to be provided under Section 659. (3) The original citation and promise or notice to appear shall be retained by the court if a petition is filed. In addition, there shall be three copies of the citation and promise or notice to appear, which shall be distributed as follows: (A) One copy shall be provided to the person to whom the citation is issued. (B) One copy shall be provided to the probation department. (C) If a petition is requested, the second copy of the citation shall go to the district attorney along with the petition request, and the third copy shall be retained by the agency issuing the citation. (4) The original citation shall include a copy of all police reports relating to the citation and a petition request. The citation shall contain the following information: (A) Date, time, and location of the issuance of the citation. (B) The name, address, telephone number if known, driver’s license number, age, date of birth, sex, race, height, weight, hair color, and color of eyes of the person to whom the citation is issued. (C) A list of the offenses and the location where the offense or offenses were committed. (D) Date and time of the required court appearance. (E) Address of the juvenile court where the person to whom the citation is issued is to appear. (F) A preprinted promise to appear which is signed by the person to whom the citation is issued, or where the person refused to sign the written promise, the notice to appear. (G) A preprinted declaration under penalty of perjury that the above information is true and correct, signed by the peace officer or probation officer issuing the citation. (H) A statement that the failure to appear is punishable as a misdemeanor. (e) The minor’s parent or guardian shall be issued a citation in the same manner as described in subdivision (b). (f) The willful failure to appear in court pursuant to a citation or notice issued as required pursuant to this section is a misdemeanor. (g) (1) Notwithstanding Section 662, if a parent or guardian to whom a citation has been issued pursuant to this section fails to appear, a warrant of arrest may issue for that person. A warrant of arrest may also issue for a parent or guardian who is not personally served where efforts to effect personal service have been unsuccessful, upon an affidavit, under penalty of perjury, signed by a peace officer stating facts sufficient to establish that all reasonable efforts to locate the person have failed or that the person has willfully evaded service of process. (2) Notwithstanding Section 663, if a minor to whom a citation has been issued pursuant to this section fails to appear, and the minor’s parent or guardian has either appeared or the prerequisite conditions for issuing a warrant against the minor’s parent or guardian under paragraph (1) have been met, a warrant of arrest may issue for the minor. (3) A warrant of arrest may also issue for a minor who is not personally served where each of the following occur: (A) Efforts to effect personal service have been unsuccessful. (B) An affidavit is submitted under penalty of perjury, signed by a peace officer, stating facts sufficient to establish that all reasonable efforts to locate the minor have failed or that minor has willfully evaded service of process. (C) The minor’s parent or guardian has either appeared or the prerequisite conditions for issuing a warrant against the minor’s parent or guardian under paragraph (1) have been met. (h) (1) Notwithstanding Section 654 or any other provision of law, a probation officer in a county in which this subdivision is applicable may, in lieu of filing a petition or proceeding under Section 654, issue a citation in the form described in subdivision (d) to the Informal Juvenile and Traffic Court pursuant to Section 256 for any misdemeanor except the following: (A) Any crime involving a firearm. (B) Any crime involving violence. (C) Any crime involving a sex-related offense. (D) Any minor who has previously been declared a ward of the court. (E) Any minor who has previously been referred to juvenile traffic court pursuant to this section. (2) This subdivision shall apply only if the case will be heard by a juvenile hearing officer who meets the minimum qualifications of a juvenile court referee and only in those counties in which a committee consisting of the sheriff, the chief probation officer, the district attorney, the public defender, and the presiding judge of the superior court vote for this subdivision to apply and then only upon approval of the board of supervisors. This approval shall be required in Los Angeles and all other counties participating in the program, and shall be in addition to that required by subdivision (a) for participation in the Expedited Youth Accountability Program. (3) In counties in which this subdivision is applicable, the probation department shall conduct a risk and needs assessment for each minor eligible for citation to the Informal Juvenile and Traffic Court pursuant to paragraph (1). The risk and needs assessment shall consider the best interest of the minor and the protection of the community. It shall also include an assessment of whether the child has any significant problems in the home, school, or community, whether the matter appears to have arisen from a temporary problem within the family which has been or can be resolved, and whether any agency or other resource in the community is better suited to serve the needs of the child, the parent or guardian, or both. (i) In the event that the probation officer places a minor on informal probation or cites the minor to Informal Juvenile and Traffic Court, or elects some other lawful disposition not requiring the hearing set forth in subdivision (b), the probation officer shall so inform the minor and his or her parent or guardian no later than 72 hours, excluding nonjudicial days and holidays, prior to the hearing, that a court appearance is not required. (j) Except as modified by this section, the requirements of this chapter shall remain in full force and effect. (k) This section shall be operative on January 1, 1998, and shall be implemented in all branches of the juvenile court in Los Angeles County on or before July 1, 1998. (l) It is the intent of the Legislature that an interim hearing be conducted by appropriate policy committees in the Legislature prior to January 1, 2002, to examine the success of the program in expediting punishment for juvenile offenses, reducing delinquent behavior, and promoting greater accountability on the part of juvenile offenders. (Amended by Stats. 2024, Ch. 193, Sec. 4. (SB 1484) Effective January 1, 2025.)
  50. 6600.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. Commitment Classification [6331 - 6609.3] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 4. Sexually Violent Predators [6600 - 6609.3] ( Article 4 added by Stats. 1995, Ch. 763, Sec. 3. )

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    This section defines key terms used for sexually violent predator commitment proceedings.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. Commitment Classification [6331 - 6609.3] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 4. Sexually Violent Predators [6600 - 6609.3] ( Article 4 added by Stats. 1995, Ch. 763, Sec. 3. ) ## 6600. As used in this article, the following terms have the following meanings: (a) (1) “Sexually violent predator” means a person who has been convicted of a sexually violent offense against one or more victims and who has a diagnosed mental disorder that makes the person a danger to the health and safety of others in that it is likely that he or she will engage in sexually violent criminal behavior. (2) For purposes of this subdivision any of the following shall be considered a conviction for a sexually violent offense: (A) A prior or current conviction that resulted in a determinate prison sentence for an offense described in subdivision (b). (B) A conviction for an offense described in subdivision (b) that was committed prior to July 1, 1977, and that resulted in an indeterminate prison sentence. (C) A prior conviction in another jurisdiction for an offense that includes all of the elements of an offense described in subdivision (b). (D) A conviction for an offense under a predecessor statute that includes all of the elements of an offense described in subdivision (b). (E) A prior conviction for which the inmate received a grant of probation for an offense described in subdivision (b). (F) A prior finding of not guilty by reason of insanity for an offense described in subdivision (b). (G) A conviction resulting in a finding that the person was a mentally disordered sex offender. (H) A prior conviction for an offense described in subdivision (b) for which the person was committed to the Division of Juvenile Facilities, Department of Corrections and Rehabilitation pursuant to Section 1731.5. (I) A prior conviction for an offense described in subdivision (b) that resulted in an indeterminate prison sentence. (3) Conviction of one or more of the crimes enumerated in this section shall constitute evidence that may support a court or jury determination that a person is a sexually violent predator, but shall not be the sole basis for the determination. The existence of any prior convictions may be shown with documentary evidence. The details underlying the commission of an offense that led to a prior conviction, including a predatory relationship with the victim, may be shown by documentary evidence, including, but not limited to, preliminary hearing transcripts, trial transcripts, probation and sentencing reports, and evaluations by the State Department of State Hospitals. Jurors shall be admonished that they may not find a person a sexually violent predator based on prior offenses absent relevant evidence of a currently diagnosed mental disorder that makes the person a danger to the health and safety of others in that it is likely that he or she will engage in sexually violent criminal behavior. (4) The provisions of this section shall apply to any person against whom proceedings were initiated for commitment as a sexually violent predator on or after January 1, 1996. (b) “Sexually violent offense” means the following acts when committed by force, violence, duress, menace, fear of immediate and unlawful bodily injury on the victim or another person, or threatening to retaliate in the future against the victim or any other person, and that are committed on, before, or after the effective date of this article and result in a conviction or a finding of not guilty by reason of insanity, as defined in subdivision (a): a felony violation of Section 261, 262, 264.1, 269, 286, 287, 288, 288.5, or 289 of, or former Section 288a of, the Penal Code, or any felony violation of Section 207, 209, or 220 of the Penal Code, committed with the intent to commit a violation of Section 261, 262, 264.1, 286, 287, 288, or 289 of, or former Section 288a of, the Penal Code. (c) “Diagnosed mental disorder” includes a congenital or acquired condition affecting the emotional or volitional capacity that predisposes the person to the commission of criminal sexual acts in a degree constituting the person a menace to the health and safety of others. (d) “Danger to the health and safety of others” does not require proof of a recent overt act while the offender is in custody. (e) “Predatory” means an act is directed toward a stranger, a person of casual acquaintance with whom no substantial relationship exists, or an individual with whom a relationship has been established or promoted for the primary purpose of victimization. (f) “Recent overt act” means any criminal act that manifests a likelihood that the actor may engage in sexually violent predatory criminal behavior. (g) Notwithstanding any other provision of law and for purposes of this section, a prior juvenile adjudication of a sexually violent offense may constitute a prior conviction for which the person received a determinate term if all of the following apply: (1) The juvenile was 16 years of age or older at the time he or she committed the prior offense. (2) The prior offense is a sexually violent offense as specified in subdivision (b). (3) The juvenile was adjudged a ward of the juvenile court within the meaning of Section 602 because of the person’s commission of the offense giving rise to the juvenile court adjudication. (4) The juvenile was committed to the Division of Juvenile Facilities, Department of Corrections and Rehabilitation for the sexually violent offense. (h) A minor adjudged a ward of the court for commission of an offense that is defined as a sexually violent offense shall be entitled to specific treatment as a sexual offender. The failure of a minor to receive that treatment shall not constitute a defense or bar to a determination that any person is a sexually violent predator within the meaning of this article. (Amended by Stats. 2018, Ch. 423, Sec. 128. (SB 1494) Effective January 1, 2019. Note: This section was amended on Nov. 7, 2006, by initiative Prop. 83 (The Sexual Predator Punishment and Control Act: Jessica's Law).)
  51. 6600.05.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. Commitment Classification [6331 - 6609.3] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 4. Sexually Violent Predators [6600 - 6609.3] ( Article 4 added by Stats. 1995, Ch. 763, Sec. 3. )

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    Coalinga State Hospital must be used for these placements unless unique circumstances prevent it, and certain hospitals are barred from use.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. Commitment Classification [6331 - 6609.3] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 4. Sexually Violent Predators [6600 - 6609.3] ( Article 4 added by Stats. 1995, Ch. 763, Sec. 3. ) ## 6600.05. (a) Coalinga State Hospital shall be used whenever a person is committed to a secure facility for mental health treatment pursuant to this article and is placed in a state hospital under the direction of the State Department of State Hospitals unless there are unique circumstances that would preclude the placement of a person at that facility. If a state hospital is not used, the facility to be used shall be located on a site or sites determined by the Secretary of the Department of Corrections and Rehabilitation and the Director of State Hospitals. In no case shall a person committed to a secure facility for mental health treatment pursuant to this article be placed at Metropolitan State Hospital or Napa State Hospital. (b) The State Department of State Hospitals shall be responsible for operation of the facility, including the provision of treatment. (Amended by Stats. 2012, Ch. 24, Sec. 138. (AB 1470) Effective June 27, 2012.)
  52. 6600.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. Commitment Classification [6331 - 6609.3] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 4. Sexually Violent Predators [6600 - 6609.3] ( Article 4 added by Stats. 1995, Ch. 763, Sec. 3. )

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    If the victim of a specified underlying offense is under 14, the offense is treated as a sexually violent offense for Section 6600.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. Commitment Classification [6331 - 6609.3] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 4. Sexually Violent Predators [6600 - 6609.3] ( Article 4 added by Stats. 1995, Ch. 763, Sec. 3. ) ## 6600.1. If the victim of an underlying offense that is specified in subdivision (b) of Section 6600 is a child under the age of 14, the offense shall constitute a “sexually violent offense” for purposes of Section 6600. (Amended November 7, 2006, by initiative Proposition 83, Sec. 25.)
  53. 6601.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. Commitment Classification [6331 - 6609.3] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 4. Sexually Violent Predators [6600 - 6609.3] ( Article 4 added by Stats. 1995, Ch. 763, Sec. 3. )

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    State corrections and state hospital officials must screen, evaluate, and timely refer certain people who may be sexually violent predators for further evaluation and possible commitment proceedings.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. Commitment Classification [6331 - 6609.3] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 4. Sexually Violent Predators [6600 - 6609.3] ( Article 4 added by Stats. 1995, Ch. 763, Sec. 3. ) ## 6601. (a) (1) When the Secretary of the Department of Corrections and Rehabilitation determines that an individual who is in custody under the jurisdiction of the Department of Corrections and Rehabilitation, who is either serving a determinate prison sentence or whose parole has been revoked, and who is not in custody for the commission of a new offense committed while the individual was serving an indeterminate term in a state hospital as a sexually violent predator, may be a sexually violent predator, the secretary shall, at least six months prior to that individual’s scheduled date for release from prison, refer the person for evaluation in accordance with this section. However, if the inmate was received by the department with less than nine months of their sentence to serve, or if the inmate’s release date is modified by judicial or administrative action, the secretary may refer the person for evaluation in accordance with this section at a date that is less than six months prior to the inmate’s scheduled release date. (2) When an individual is in custody under the jurisdiction of the Department of Corrections and Rehabilitation for the commission of a new offense committed while the individual was serving an indeterminate term in a state hospital as a sexually violent predator, the Secretary of the Department of Corrections and Rehabilitation shall, at least six months prior to the individual’s scheduled date for release from prison, refer the person directly to the State Department of State Hospitals for a full evaluation of whether the person still meets the criteria in Section 6600. However, if the inmate was received by the department with less than nine months of their sentence to serve, or if the inmate’s release date is modified by judicial or administrative action, the secretary may refer the person for evaluation in accordance with this section at a date that is less than six months prior to the inmate’s scheduled release date. The evaluation shall be conducted in accordance with subdivisions (c) to (g), inclusive. If both evaluators concur that the person has a diagnosed mental disorder so that the person is likely to engage in acts of sexual violence without appropriate treatment and custody, the Director of State Hospitals shall forward a request for a court order no less than 20 calendar days prior to the scheduled release date of the person to the county designated in subdivision (i) authorizing a transfer of the individual from the Department of Corrections and Rehabilitation to the State Department of State Hospitals to continue serving the remainder of the individual’s original indeterminate commitment as a sexually violent predator if the original petition has not been dismissed. If the petition has previously been dismissed, the Director of State Hospitals shall forward a request for a new petition to be filed for commitment to the county designated in subdivision (i) no less than 20 calendar days prior to the scheduled release date of the person consistent with subdivision (d). (3) A petition may be filed under this section if the individual was in custody pursuant to a determinate prison term, parole revocation term, or a hold placed pursuant to Section 6601.3, at the time the petition is filed. A petition shall not be dismissed on the basis of a later judicial or administrative determination that the individual’s custody was unlawful, if the unlawful custody was the result of a good faith mistake of fact or law. This paragraph applies to any petition filed on or after January 1, 1996. (b) The person shall be screened by the Department of Corrections and Rehabilitation and the Board of Parole Hearings based on whether the person has committed a sexually violent predatory offense and on a review of the person’s social, criminal, and institutional history. This screening shall be conducted in accordance with a structured screening instrument developed and updated by the State Department of State Hospitals in consultation with the Department of Corrections and Rehabilitation. If as a result of this screening it is determined that the person is likely to be a sexually violent predator, the Department of Corrections and Rehabilitation shall refer the person to the State Department of State Hospitals for a full evaluation of whether the person meets the criteria in Section 6600. (c) The State Department of State Hospitals shall evaluate the person in accordance with a standardized assessment protocol, developed and updated by the State Department of State Hospitals, to determine whether the person is a sexually violent predator as defined in this article. The standardized assessment protocol shall require assessment of diagnosable mental disorders, as well as various factors known to be associated with the risk of reoffense among sex offenders. Risk factors to be considered shall include criminal and psychosexual history, type, degree, and duration of sexual deviance, and severity of mental disorder. (d) Pursuant to subdivision (c), the person shall be evaluated by two practicing psychiatrists or psychologists, or one practicing psychiatrist and one practicing psychologist, designated by the Director of State Hospitals. If both evaluators concur that the person has a diagnosed mental disorder so that the person is likely to engage in acts of sexual violence without appropriate treatment and custody, the Director of State Hospitals shall forward a request for a petition for commitment under Section 6602 to the county designated in subdivision (i). Copies of the evaluation reports and any other supporting documents shall be made available to the attorney designated by the county pursuant to subdivision (i) who may file a petition for commitment. (e) If one of the professionals performing the evaluation pursuant to subdivision (d) does not concur that the person meets the criteria specified in subdivision (d), but the other professional concludes that the person meets those criteria, the Director of State Hospitals shall arrange for further examination of the person by two independent professionals selected in accordance with subdivision (g). (f) If an examination by independent professionals pursuant to subdivision (e) is conducted, a petition to request commitment under this article shall only be filed if both independent professionals who evaluate the person pursuant to subdivision (e) concur that the person meets the criteria for commitment specified in subdivision (d). The professionals selected to evaluate the person pursuant to subdivision (g) shall inform the person that the purpose of their examination is not treatment but to determine if the person meets certain criteria to be involuntarily committed pursuant to this article. It is not required that the person appreciate or understand that information. (g) An independent professional who is designated by the Secretary of the Department of Corrections and Rehabilitation or the Director of State Hospitals for purposes of this section shall not be a state government employee, shall have at least five years of experience in the diagnosis and treatment of mental disorders, and shall include psychiatrists and licensed psychologists who have a doctoral degree in psychology. The requirements set forth in this section also shall apply to professionals appointed by the court to evaluate the person for purposes of any other proceedings under this article. (h) (1) If the State Department of State Hospitals determines that the person is a sexually violent predator as defined in this article, the Director of State Hospitals shall forward a request for a petition to be filed for commitment under this article to the county designated in subdivision (i) no less than 20 calendar days prior to the scheduled release date of the person. Copies of the evaluation reports and any other supporting documents shall be made available to the attorney designated by the county pursuant to subdivision (i) who may file a petition for commitment in the superior court. (2) If a hold is placed pursuant to Section 6601.3 and the State Department of State Hospitals determines that the person is a sexually violent predator as defined in this article, the Director of State Hospitals shall forward a request for a petition to be filed for commitment under this article to the county designated in subdivision (i) no less than 20 calendar days prior to the end of the hold. (3) The person shall have no right to enforce the time limit set forth in this subdivision and shall have no remedy for its violation. (i) If the county’s designated counsel concurs with the recommendation, a petition for commitment shall be filed in the superior court of the county in which the person was convicted of the offense for which the person was committed to the jurisdiction of the Department of Corrections and Rehabilitation. The petition shall be filed, and the proceedings shall be handled, by either the district attorney or the county counsel of that county. A person’s subsequent conviction for an offense that is not a sexually violent offense committed while in the custody of the Department of Corrections and Rehabilitation or the State Department of State Hospitals that occurs prior to the resolution of a petition filed pursuant to this section shall not change jurisdiction for the petition from the county in which the person was convicted of the offense for which the person was committed to the jurisdiction of the Department of Corrections and Rehabilitation. If a person is convicted of a subsequent sexually violent offense committed while in the custody of the Department of Corrections and Rehabilitation or the State Department of State Hospitals that occurs prior to the resolution of a petition filed pursuant to this section a subsequent petition for commitment as a sexually violent predator pursuant to this section shall be filed in the superior court of the county in which the person was convicted of the subsequent sexually violent offense. The county board of supervisors shall designate either the district attorney or the county counsel to assume responsibility for proceedings under this article. (j) An order issued by a judge pursuant to Section 6601.5, finding that the petition, on its face, supports a finding of probable cause to believe that the individual named in the petition is likely to engage in sexually violent predatory criminal behavior upon release, shall toll that person’s parole pursuant to paragraph (4) of subdivision (a) of Section 3000 of the Penal Code, if that individual is determined to be a sexually violent predator. (k) The attorney designated by the county pursuant to subdivision (i) shall notify the State Department of State Hospitals of its decision regarding the filing of a petition for commitment pursuant to subdivision (d) within 15 days of making that decision. (Amended by Stats. 2021, Ch. 383, Sec. 1. (SB 248) Effective January 1, 2022. Note: Section 6601 was amended on Nov. 7, 2006, by initiative Prop. 83.)
  54. 6601.3.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. Commitment Classification [6331 - 6609.3] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 4. Sexually Violent Predators [6600 - 6609.3] ( Article 4 added by Stats. 1995, Ch. 763, Sec. 3. )

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    The Board of Parole Hearings may order extended custody, up to 45 days past a person’s scheduled release date, if there is good cause.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. Commitment Classification [6331 - 6609.3] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 4. Sexually Violent Predators [6600 - 6609.3] ( Article 4 added by Stats. 1995, Ch. 763, Sec. 3. ) ## 6601.3. (a) Upon a showing of good cause, the Board of Parole Hearings may order that a person referred to the State Department of State Hospitals pursuant to subdivision (b) of Section 6601 remain in custody for no more than 45 days beyond the person’s scheduled release date for full evaluation pursuant to subdivisions (c) to (i), inclusive, of Section 6601. (b) For purposes of this section, good cause means circumstances where there is a recalculation of credits or a restoration of denied or lost credits by any custodial agency or court, a resentencing by a court, the receipt of the prisoner into custody, or equivalent exigent circumstances that result in there being less than 45 days prior to the person’s scheduled release date for the full evaluation described in subdivisions (c) to (i), inclusive, of Section 6601. (Amended by Stats. 2016, Ch. 878, Sec. 2. (AB 1906) Effective January 1, 2017.)
  55. 6601.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. Commitment Classification [6331 - 6609.3] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 4. Sexually Violent Predators [6600 - 6609.3] ( Article 4 added by Stats. 1995, Ch. 763, Sec. 3. )

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    A superior court judge must review an SVP petition on request and decide whether it shows probable cause; if it does, the judge must order detention in a secure facility and the probable cause hearing must start within 10 calendar days of the order.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. Commitment Classification [6331 - 6609.3] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 4. Sexually Violent Predators [6600 - 6609.3] ( Article 4 added by Stats. 1995, Ch. 763, Sec. 3. ) ## 6601.5. Upon filing of the petition and a request for review under this section, a judge of the superior court shall review the petition and determine whether the petition states or contains sufficient facts that, if true, would constitute probable cause to believe that the individual named in the petition is likely to engage in sexually violent predatory criminal behavior upon his or her release. If the judge determines that the petition, on its face, supports a finding of probable cause, the judge shall order that the person be detained in a secure facility until a hearing can be completed pursuant to Section 6602. The probable cause hearing provided for in Section 6602 shall commence within 10 calendar days of the date of the order issued by the judge pursuant to this section. (Amended by Stats. 2000, Ch. 41, Sec. 2. Effective June 26, 2000.)
  56. 6602.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. Commitment Classification [6331 - 6609.3] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 4. Sexually Violent Predators [6600 - 6609.3] ( Article 4 added by Stats. 1995, Ch. 763, Sec. 3. )

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    A superior court judge must review the petition, decide probable cause, and may require custody and a trial if probable cause is found.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. Commitment Classification [6331 - 6609.3] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 4. Sexually Violent Predators [6600 - 6609.3] ( Article 4 added by Stats. 1995, Ch. 763, Sec. 3. ) ## 6602. (a) A judge of the superior court shall review the petition and shall determine whether there is probable cause to believe that the individual named in the petition is likely to engage in sexually violent predatory criminal behavior upon his or her release. The person named in the petition shall be entitled to assistance of counsel at the probable cause hearing. Upon the commencement of the probable cause hearing, the person shall remain in custody pending the completion of the probable cause hearing. If the judge determines there is not probable cause, he or she shall dismiss the petition and any person subject to parole shall report to parole. If the judge determines that there is probable cause, the judge shall order that the person remain in custody in a secure facility until a trial is completed and shall order that a trial be conducted to determine whether the person is, by reason of a diagnosed mental disorder, a danger to the health and safety of others in that the person is likely to engage in acts of sexual violence upon his or her release from the jurisdiction of the Department of Corrections and Rehabilitation or other secure facility. (b) The probable cause hearing shall not be continued except upon a showing of good cause by the party requesting the continuance. (c) The court shall notify the State Department of State Hospitals of the outcome of the probable cause hearing by forwarding to the department a copy of the minute order of the court within 15 days of the decision. (Amended by Stats. 2012, Ch. 24, Sec. 141. (AB 1470) Effective June 27, 2012.)
  57. 6602.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. Commitment Classification [6331 - 6609.3] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 4. Sexually Violent Predators [6600 - 6609.3] ( Article 4 added by Stats. 1995, Ch. 763, Sec. 3. )

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    A person cannot be placed in a state hospital under this article until probable cause has been found. The state hospital department must identify and notify the court about covered cases, and the court must act within 30 days of notice.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. Commitment Classification [6331 - 6609.3] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 4. Sexually Violent Predators [6600 - 6609.3] ( Article 4 added by Stats. 1995, Ch. 763, Sec. 3. ) ## 6602.5. (a) No person may be placed in a state hospital pursuant to the provisions of this article until there has been a determination pursuant to Section 6601.3 or 6602 that there is probable cause to believe that the individual named in the petition is likely to engage in sexually violent predatory criminal behavior. (b) The State Department of State Hospitals shall identify each person for whom a petition pursuant to this article has been filed who is in a state hospital on or after January 1, 1998, and who has not had a probable cause hearing pursuant to Section 6602. The State Department of State Hospitals shall notify the court in which the petition was filed that the person has not had a probable cause hearing. Copies of the notice shall be provided by the court to the attorneys of record in the case. Within 30 days of notice by the State Department of State Hospitals, the court shall either order the person removed from the state hospital and returned to local custody or hold a probable cause hearing pursuant to Section 6602. (c) In no event shall the number of persons referred pursuant to subdivision (b) to the superior court of any county exceed 10 in any 30-day period, except upon agreement of the presiding judge of the superior court, the district attorney, the public defender, the sheriff, and the Director of State Hospitals. (d) This section shall be implemented in Los Angeles County pursuant to a letter of agreement between the Department of State Hospitals, the Los Angeles County district attorney, the Los Angeles County public defender, the Los Angeles County sheriff, and the Los Angeles County Superior Court. The number of persons referred to the Superior Court of Los Angeles County pursuant to subdivision (b) shall be governed by the letter of agreement. (Amended by Stats. 2012, Ch. 24, Sec. 142. (AB 1470) Effective June 27, 2012.)
  58. 6603.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. Commitment Classification [6331 - 6609.3] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 4. Sexually Violent Predators [6600 - 6609.3] ( Article 4 added by Stats. 1995, Ch. 763, Sec. 3. )

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    This section gives a person subject to the article trial and counsel rights, sets procedures for continuances, and requires the court and State Department of State Hospitals to exchange and handle evaluations and records in specific ways.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. Commitment Classification [6331 - 6609.3] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 4. Sexually Violent Predators [6600 - 6609.3] ( Article 4 added by Stats. 1995, Ch. 763, Sec. 3. ) ## 6603. (a) A person subject to this article is entitled to a trial by jury, to the assistance of counsel, to the right to retain experts or professional persons to perform an examination on the person’s behalf, and to have access to all relevant medical and psychological records and reports. If the person is indigent, the court shall appoint counsel to assist that person and, upon the person’s request, assist the person in obtaining an expert or professional person to perform an examination or participate in the trial on the person’s behalf. Any right that may exist under this section to request DNA testing on prior cases shall be made in conformity with Section 1405 of the Penal Code. (b) The attorney petitioning for commitment under this article has the right to demand that the trial be before a jury. (c) To continue a trial, written notice shall be filed and served on all parties to the proceeding, together with affidavits or declarations detailing specific facts showing that a continuance is necessary. (1) All moving and supporting papers shall be served and filed at least 10 court days before the hearing, except as provided in paragraph (2). The moving and supporting papers served shall be a copy of the papers filed or to be filed with the court. (2) If the written notice is served by mail, the 10-day period of notice before the hearing shall be increased as follows: (A) Five calendar days if the place of mailing and the place of address are within the State of California. (B) Ten calendar days if either the place of mailing or the place of address is outside the State of California, but within the United States. (C) Twenty calendar days if either the place of mailing or the place of address is outside the United States. (D) Two calendar days if the notice is served by facsimile transmission, express mail, or another method of delivery providing for overnight delivery. (3) All papers opposing a continuance motion noticed pursuant to this subdivision shall be filed with the court and a copy shall be served on each party at least four court days before the hearing. All reply papers shall be served on each party at least two court days before the hearing. A party may waive the right to have documents served in a timely manner after receiving actual notice of the request for continuance. (4) If a party makes a motion for a continuance that does not comply with the requirements described in this subdivision, the court shall hold a hearing on whether there is good cause for the failure to comply with those requirements. At the conclusion of the hearing, the court shall make a finding whether good cause has been shown and, if it finds that there is good cause, shall state on the record the facts proved that justify its finding. If the moving party is unable to show good cause for the failure to give notice, the motion for continuance shall not be granted. (5) Continuances shall be granted only upon a showing of good cause. The court shall not find good cause solely based on the convenience of the parties or a stipulation of the parties. At the conclusion of the motion for continuance, the court shall make a finding whether good cause has been shown and, if it finds that there is good cause, shall state on the record the facts proved that justify its finding. (6) In determining good cause, the court shall consider the general convenience and prior commitments of all witnesses. The court shall also consider the general convenience and prior commitments of each witness in selecting a continuance date if the motion is granted. The facts as to inconvenience or prior commitments may be offered by the witness or by a party to the case. (7) Except as specified in paragraph (8), a continuance shall be granted only for the period of time shown to be necessary by the evidence considered at the hearing on the motion. If a continuance is granted, the court shall state on the record the facts proved that justify the length of the continuance. (8) For purposes of this subdivision, “good cause” includes, but is not limited to, those cases in which the attorney assigned to the case has another trial or probable cause hearing in progress. A continuance granted pursuant to this subdivision as the result of another trial or hearing in progress shall not exceed 10 court days after the conclusion of that trial or hearing. (d) (1) If the attorney petitioning for commitment under this article determines that updated evaluations are necessary in order to properly present the case for commitment, the attorney may request the State Department of State Hospitals to perform updated evaluations. If one or more of the original evaluators is no longer available to testify for the petitioner in court proceedings, the attorney petitioning for commitment under this article may request the State Department of State Hospitals to perform replacement evaluations. When a request is made for updated or replacement evaluations, the State Department of State Hospitals shall perform the requested evaluations and forward them to the petitioning attorney and to the counsel for the person subject to this article. However, updated or replacement evaluations shall not be performed except as necessary to update one or more of the original evaluations or to replace the evaluation of an evaluator who is no longer available to testify for the petitioner in court proceedings. These updated or replacement evaluations shall include review of available medical and psychological records, including treatment records, consultation with current treating clinicians, and interviews of the person being evaluated, either voluntarily or by court order. If an updated or replacement evaluation results in a split opinion as to whether the person subject to this article meets the criteria for commitment, the State Department of State Hospitals shall conduct two additional evaluations in accordance with subdivision (f) of Section 6601. (2) For purposes of this subdivision, “no longer available to testify for the petitioner in court proceedings” means that the evaluator is no longer authorized by the Director of State Hospitals to perform evaluations regarding sexually violent predators as a result of any of the following: (A) The evaluator has failed to adhere to the protocol of the State Department of State Hospitals. (B) The evaluator’s license has been suspended or revoked. (C) The evaluator is unavailable pursuant to Section 240 of the Evidence Code. (D) The independent professional or state employee who has served as the evaluator has resigned or retired and has not entered into a new contract to continue as an evaluator in the case, unless this evaluator, in the evaluator’s most recent evaluation of the person subject to this article, opined that the person subject to this article does not meet the criteria for commitment. (e) This section does not prevent the defense from presenting otherwise relevant and admissible evidence. (f) If the person subject to this article or the petitioning attorney does not demand a jury trial, the trial shall be before the court without a jury. (g) A unanimous verdict shall be required in any jury trial. (h) The court shall notify the State Department of State Hospitals of the outcome of the trial by forwarding to the department a copy of the minute order of the court within 72 hours of the decision. (i) This section does not limit any legal or equitable right that a person may have to request DNA testing. (j) Subparagraph (D) of paragraph (2) of subdivision (d) does not affect the authority of the State Department of State Hospitals to conduct two additional evaluations when an updated or replacement evaluation results in a split opinion. (k) (1) Notwithstanding any other law, the evaluator performing an updated evaluation shall include with the evaluation a statement listing all records reviewed by the evaluator pursuant to subdivision (d). The court shall issue a subpoena, upon the request of either party, for a certified copy of these records. The records shall be provided to the attorney petitioning for commitment and the counsel for the person subject to this article. The attorneys may use the records in proceedings under this article and shall not disclose them for any other purpose. (2) This subdivision does not affect the right of a party to object to the introduction at trial of all or a portion of a record subpoenaed under paragraph (1) on the ground that it is more prejudicial than probative pursuant to Section 352 of the Evidence Code or that it is not material to the issue of whether the person subject to this article is a sexually violent predator, as defined in subdivision (a) of Section 6600, or to any other issue to be decided by the court. If the relief is granted, in whole or in part, the record or records shall retain any confidentiality that may apply under Section 5328 of this code and Section 1014 of the Evidence Code. (3) This subdivision does not affect any right of a party to seek to obtain other records regarding the person subject to this article. (4) Except as provided in paragraph (1), this subdivision does not affect any right of a committed person to assert that records are confidential under Section 5328 of this code or Section 1014 of the Evidence Code. (Amended by Stats. 2019, Ch. 606, Sec. 1. (AB 303) Effective January 1, 2020.)
  59. 6603.3.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. Commitment Classification [6331 - 6609.3] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 4. Sexually Violent Predators [6600 - 6609.3] ( Article 4 added by Stats. 1995, Ch. 763, Sec. 3. )

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    Attorneys generally may not reveal victim or witness identifying information to the subject person, family members, or others unless the court allows it for good cause.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. Commitment Classification [6331 - 6609.3] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 4. Sexually Violent Predators [6600 - 6609.3] ( Article 4 added by Stats. 1995, Ch. 763, Sec. 3. ) ## 6603.3. (a) (1) Except as provided in paragraph (2), no attorney may disclose or permit to be disclosed to a person subject to this article, family members of the person subject to this article, or any other person, the name, address, telephone number, or other identifying information of a victim or witness whose name is disclosed to the attorney pursuant to Section 6603 and Chapter 1 (commencing with Section 2016.010) of Part 4 of Title 4 of the Code of Civil Procedure, unless specifically permitted to do so by the court after a hearing and showing of good cause. (2) Notwithstanding paragraph (1), an attorney may disclose or permit to be disclosed, the name, address, telephone number, or other identifying information of a victim or witness to persons employed by the attorney or to a person hired or appointed for the purpose of assisting the person subject to this article in the preparation of the case, if that disclosure is required for that preparation. Persons provided this information shall be informed by the attorney that further dissemination of the information, except as provided by this section, is prohibited. (3) A willful violation of this subdivision by an attorney, persons employed by an attorney, or persons appointed by the court is a misdemeanor. (b) If the person subject to this article is acting as his or her own attorney, the court shall endeavor to protect the name, address, telephone number, or other identifying information of a victim or witness by providing for contact only through a private investigator licensed by the Department of Consumer Affairs and appointed by the court or by imposing other reasonable restrictions, absent a showing of good cause as determined by the court. (Added by Stats. 2008, Ch. 155, Sec. 1. Effective January 1, 2009.)
  60. 6603.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. Commitment Classification [6331 - 6609.3] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 4. Sexually Violent Predators [6600 - 6609.3] ( Article 4 added by Stats. 1995, Ch. 763, Sec. 3. )

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    Certain staff of named California agencies must not disclose identifying information about a person involved in a civil commitment hearing as the victim of a sex offense, except to specified people or when authorized or required by law.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. Commitment Classification [6331 - 6609.3] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 4. Sexually Violent Predators [6600 - 6609.3] ( Article 4 added by Stats. 1995, Ch. 763, Sec. 3. ) ## 6603.5. No employee or agent of the Department of Corrections and Rehabilitation, the Board of Parole Hearings, or the State Department of State Hospitals shall disclose to any person, except to employees or agents of each named department, the prosecutor, the respondent’s counsel, licensed private investigators hired or appointed for the respondent, or other persons or agencies where authorized or required by law, the name, address, telephone number, or other identifying information of a person who was involved in a civil commitment hearing under this article as the victim of a sex offense except where authorized or required by law. (Amended by Stats. 2012, Ch. 440, Sec. 67. (AB 1488) Effective September 22, 2012.)
  61. 6603.7.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. Commitment Classification [6331 - 6609.3] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 4. Sexually Violent Predators [6600 - 6609.3] ( Article 4 added by Stats. 1995, Ch. 763, Sec. 3. )

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    A court may, on the victim’s request and subject to findings about privacy and prejudice, order the victim’s identity kept as Jane Doe or John Doe in records and proceedings. If that happens and there is a jury trial, the court must tell the jury at the start and end of trial that the name change is only to protect privacy.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. Commitment Classification [6331 - 6609.3] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 4. Sexually Violent Predators [6600 - 6609.3] ( Article 4 added by Stats. 1995, Ch. 763, Sec. 3. ) ## 6603.7. (a) Except as provided in Section 6603.3, the court, at the request of the victim of a sex offense relevant in a proceeding under this article, may order the identity of the victim in all records and during all proceedings to be either Jane Doe or John Doe, if the court finds that the order is reasonably necessary to protect the privacy of the person and will not unduly prejudice the party petitioning for commitment under this article or the person subject to this article. (b) If the court orders the victim to be identified as Jane Doe or John Doe pursuant to subdivision (a), and if there is a jury trial, the court shall instruct the jury at the beginning and at the end of the trial that the victim is being so identified only for the purposes of protecting his or her privacy. (Added by Stats. 2008, Ch. 155, Sec. 3. Effective January 1, 2009.)
  62. 6604.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. Commitment Classification [6331 - 6609.3] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 4. Sexually Violent Predators [6600 - 6609.3] ( Article 4 added by Stats. 1995, Ch. 763, Sec. 3. )

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    The court or jury must decide whether a person is a sexually violent predator, and if so, the person is committed for an indeterminate term to the State Department of State Hospitals.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. Commitment Classification [6331 - 6609.3] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 4. Sexually Violent Predators [6600 - 6609.3] ( Article 4 added by Stats. 1995, Ch. 763, Sec. 3. ) ## 6604. The court or jury shall determine whether, beyond a reasonable doubt, the person is a sexually violent predator. If the court or jury is not satisfied beyond a reasonable doubt that the person is a sexually violent predator, the court shall direct that the person be released at the conclusion of the term for which he or she was initially sentenced, or that the person be unconditionally released at the end of parole, whichever is applicable. If the court or jury determines that the person is a sexually violent predator, the person shall be committed for an indeterminate term to the custody of the State Department of State Hospitals for appropriate treatment and confinement in a secure facility designated by the Director of State Hospitals. The facility shall be located on the grounds of an institution under the jurisdiction of the Department of Corrections and Rehabilitation. (Amended by Stats. 2012, Ch. 24, Sec. 143. (AB 1470) Effective June 27, 2012. Note: This section was amended on Nov. 7, 2006, by initiative Prop. 83.)
  63. 6604.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. Commitment Classification [6331 - 6609.3] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 4. Sexually Violent Predators [6600 - 6609.3] ( Article 4 added by Stats. 1995, Ch. 763, Sec. 3. )

    Verify source ↗

    The commitment term starts when the court issues the initial commitment order, and the person must be evaluated by designated psychologists or psychiatrists.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. Commitment Classification [6331 - 6609.3] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 4. Sexually Violent Predators [6600 - 6609.3] ( Article 4 added by Stats. 1995, Ch. 763, Sec. 3. ) ## 6604.1. (a) The indeterminate term of commitment provided for in Section 6604 shall commence on the date upon which the court issues the initial order of commitment pursuant to that section. (b) The person shall be evaluated by two practicing psychologists or psychiatrists, or by one practicing psychologist and one practicing psychiatrist, designated by the State Department of State Hospitals. The provisions of subdivisions (c) to (i), inclusive, of Section 6601 shall apply to evaluations performed for purposes of extended commitments. The rights, requirements, and procedures set forth in Section 6603 shall apply to all commitment proceedings. (Amended by Stats. 2012, Ch. 440, Sec. 68. (AB 1488) Effective September 22, 2012. Note: This section was amended on Nov. 7, 2006, by initiative Prop. 83.)
  64. 6604.9.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. Commitment Classification [6331 - 6609.3] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 4. Sexually Violent Predators [6600 - 6609.3] ( Article 4 added by Stats. 1995, Ch. 763, Sec. 3. )

    Verify source ↗

    People committed as sexually violent predators must have a yearly mental-condition examination, and the department must file and serve the periodic report.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. Commitment Classification [6331 - 6609.3] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 4. Sexually Violent Predators [6600 - 6609.3] ( Article 4 added by Stats. 1995, Ch. 763, Sec. 3. ) ## 6604.9. (a) A person found to be a sexually violent predator and committed to the custody of the State Department of State Hospitals shall have a current examination of his or her mental condition made at least once every year. The report shall be in the form of a declaration and shall be prepared by a professionally qualified person. The person may retain or, if he or she is indigent and so requests, the court may appoint, a qualified expert or professional person to examine him or her, and the expert or professional person shall have access to all records concerning the person. (b) The annual report shall include consideration of whether the committed person currently meets the definition of a sexually violent predator and whether conditional release to a less restrictive alternative, pursuant to Section 6608, or an unconditional discharge, pursuant to Section 6605, is in the best interest of the person and conditions can be imposed that would adequately protect the community. (c) The State Department of State Hospitals shall file this periodic report with the court that committed the person under this article. A copy of the report shall be served on the prosecuting agency involved in the initial commitment and upon the committed person. (d) If the State Department of State Hospitals determines that either: (1) the person’s condition has so changed that the person no longer meets the definition of a sexually violent predator and should, therefore, be considered for unconditional discharge, or (2) conditional release to a less restrictive alternative is in the best interest of the person and conditions can be imposed that adequately protect the community, the director shall authorize the person to petition the court for conditional release to a less restrictive alternative or for an unconditional discharge. The petition shall be filed with the court and served upon the prosecuting agency responsible for the initial commitment. (e) The court, upon receipt of the petition for conditional release to a less restrictive alternative, shall consider the petition using procedures described in Section 6608. (f) The court, upon receiving a petition for unconditional discharge, shall order a show cause hearing, pursuant to the provisions of Section 6605, at which the court may consider the petition and any accompanying documentation provided by the medical director, the prosecuting attorney, or the committed person. (Amended by Stats. 2014, Ch. 71, Sec. 189. (SB 1304) Effective January 1, 2015.)
  65. 6605.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. Commitment Classification [6331 - 6609.3] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 4. Sexually Violent Predators [6600 - 6609.3] ( Article 4 added by Stats. 1995, Ch. 763, Sec. 3. )

    Verify source ↗

    This section sets procedures for a petition for unconditional discharge, including a show cause hearing, a possible later hearing, and related rights and proof requirements.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. Commitment Classification [6331 - 6609.3] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 4. Sexually Violent Predators [6600 - 6609.3] ( Article 4 added by Stats. 1995, Ch. 763, Sec. 3. ) ## 6605. (a) (1) The court, upon receiving a petition for unconditional discharge, shall order a show cause hearing at which the court can consider the petition and any accompanying documentation provided by the medical director, the prosecuting attorney, or the committed person. (2) If the court at the show cause hearing determines that probable cause exists to believe that the committed person’s diagnosed mental disorder has so changed that he or she is not a danger to the health and safety of others and is not likely to engage in sexually violent criminal behavior if discharged, then the court shall set a hearing on the issue. (3) At the hearing, the committed person shall have the right to be present and shall be entitled to the benefit of all constitutional protections that were afforded to him or her at the initial commitment proceeding. The attorney designated by the county pursuant to subdivision (i) of Section 6601 shall represent the state and shall have the right to demand a jury trial and to have the committed person evaluated by experts chosen by the state. The committed person also shall have the right to demand a jury trial and to have experts evaluate him or her on his or her behalf. The court shall appoint an expert if the person is indigent and requests an appointment. The burden of proof at the hearing shall be on the state to prove beyond a reasonable doubt that the committed person’s diagnosed mental disorder remains such that he or she is a danger to the health and safety of others and is likely to engage in sexually violent criminal behavior if discharged. Where the person’s failure to participate in or complete treatment is relied upon as proof that the person’s condition has not changed, and there is evidence to support that reliance, the jury shall be instructed substantially as follows: “The committed person’s failure to participate in or complete the State Department of State Hospitals Sex Offender Commitment Program (SOCP) are facts that, if proved, may be considered as evidence that the committed person’s condition has not changed. The weight to be given that evidence is a matter for the jury to determine.” (b) If the court or jury rules against the committed person at the hearing conducted pursuant to subdivision (a), the term of commitment of the person shall run for an indeterminate period from the date of this ruling and the committed person may not file a new petition until one year has elapsed from the date of the ruling. If the court or jury rules for the committed person, he or she shall be unconditionally released and unconditionally discharged. (c) If the State Department of State Hospitals has reason to believe that a person committed to it as a sexually violent predator is no longer a sexually violent predator, it shall seek judicial review of the person’s commitment pursuant to the procedures set forth in Section 7250 in the superior court from which the commitment was made. If the superior court determines that the person is no longer a sexually violent predator, he or she shall be unconditionally released and unconditionally discharged. (Amended by Stats. 2013, Ch. 182, Sec. 2. (SB 295) Effective January 1, 2014. Note: This section was amended on Nov. 7, 2006, by initiative Prop. 83.)
  66. 6606.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. Commitment Classification [6331 - 6609.3] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 4. Sexually Violent Predators [6600 - 6609.3] ( Article 4 added by Stats. 1995, Ch. 763, Sec. 3. )

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    People committed under this article must be given treatment programming by the State Department of State Hospitals, and people who decline treatment must be re-offered treatment at least monthly.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. Commitment Classification [6331 - 6609.3] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 4. Sexually Violent Predators [6600 - 6609.3] ( Article 4 added by Stats. 1995, Ch. 763, Sec. 3. ) ## 6606. (a) A person who is committed under this article shall be provided with programming by the State Department of State Hospitals which shall afford the person with treatment for his or her diagnosed mental disorder. Persons who decline treatment shall be offered the opportunity to participate in treatment on at least a monthly basis. (b) Amenability to treatment is not required for a finding that any person is a person described in Section 6600, nor is it required for treatment of that person. Treatment does not mean that the treatment be successful or potentially successful, nor does it mean that the person must recognize his or her problem and willingly participate in the treatment program. (c) The programming provided by the State Department of State Hospitals in facilities shall be consistent with current institutional standards for the treatment of sex offenders, and shall be based on a structured treatment protocol developed by the State Department of State Hospitals. The protocol shall describe the number and types of treatment components that are provided in the program, and shall specify how assessment data will be used to determine the course of treatment for each individual offender. The protocol shall also specify measures that will be used to assess treatment progress and changes with respect to the individual’s risk of reoffense. (d) Notwithstanding any other provision of law, except as to requirements relating to fire and life safety of persons with mental illness, and consistent with information and standards described in subdivision (c), the State Department of State Hospitals is authorized to provide the programming using an outpatient/day treatment model, wherein treatment is provided by licensed professional clinicians in living units not licensed as health facility beds within a secure facility setting, on less than a 24-hour a day basis. The State Department of State Hospitals shall take into consideration the unique characteristics, individual needs, and choices of persons committed under this article, including whether or not a person needs antipsychotic medication, whether or not a person has physical medical conditions, and whether or not a person chooses to participate in a specified course of offender treatment. The State Department of State Hospitals shall ensure that policies and procedures are in place that address changes in patient needs, as well as patient choices, and respond to treatment needs in a timely fashion. The State Department of State Hospitals, in implementing this subdivision, shall be allowed by the State Department of Public Health to place health facility beds at Coalinga State Hospital in suspense in order to meet the mental health and medical needs of the patient population. Coalinga State Hospital may remove all or any portion of its voluntarily suspended beds into active license status by request to the State Department of Public Health. The facility’s request shall be granted unless the suspended beds fail to comply with current operational requirements for licensure. (e) The department shall meet with each patient who has chosen not to participate in a specific course of offender treatment during monthly treatment planning conferences. At these conferences the department shall explain treatment options available to the patient, offer and re-offer treatment to the patient, seek to obtain the patient’s cooperation in the recommended treatment options, and document these steps in the patient’s health record. The fact that a patient has chosen not to participate in treatment in the past shall not establish that the patient continues to choose not to participate. (Amended by Stats. 2012, Ch. 24, Sec. 145. (AB 1470) Effective June 27, 2012.)
  67. 6607.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. Commitment Classification [6331 - 6609.3] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 4. Sexually Violent Predators [6600 - 6609.3] ( Article 4 added by Stats. 1995, Ch. 763, Sec. 3. )

    Verify source ↗

    If the Director of State Hospitals finds a person’s mental disorder has changed enough, the director must send a conditional-release report and recommendation to specified recipients, and the court must set a hearing.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. Commitment Classification [6331 - 6609.3] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 4. Sexually Violent Predators [6600 - 6609.3] ( Article 4 added by Stats. 1995, Ch. 763, Sec. 3. ) ## 6607. (a) If the Director of State Hospitals determines that the person’s diagnosed mental disorder has so changed that the person is not likely to commit acts of predatory sexual violence while under supervision and treatment in the community, the director shall forward a report and recommendation for conditional release in accordance with Section 6608 to the county attorney designated in subdivision (i) of Section 6601, the attorney of record for the person, and the committing court. (b) When a report and recommendation for conditional release is filed by the Director of State Hospitals pursuant to subdivision (a), the court shall set a hearing in accordance with the procedures set forth in Section 6608. (Amended by Stats. 2012, Ch. 440, Sec. 69. (AB 1488) Effective September 22, 2012.)
  68. 6608.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. Commitment Classification [6331 - 6609.3] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 4. Sexually Violent Predators [6600 - 6609.3] ( Article 4 added by Stats. 1995, Ch. 763, Sec. 3. )

    Verify source ↗

    A committed sexually violent predator may petition for conditional release, but the court and involved attorneys must follow specific notice, hearing, and timing rules.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. Commitment Classification [6331 - 6609.3] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 4. Sexually Violent Predators [6600 - 6609.3] ( Article 4 added by Stats. 1995, Ch. 763, Sec. 3. ) ## 6608. (a) A person who has been committed as a sexually violent predator shall be permitted to petition the court for conditional release with or without the recommendation or concurrence of the Director of State Hospitals. If a person has previously filed a petition for conditional release without the concurrence of the director and the court determined, either upon review of the petition or following a hearing, that the petition was frivolous or that the committed person’s condition had not so changed that the person would not be a danger to others in that it is not likely that the person will engage in sexually violent criminal behavior if placed under supervision and treatment in the community, the court shall deny the subsequent petition unless it contains facts upon which a court could find that the condition of the committed person had so changed that a hearing was warranted. Upon receipt of a first or subsequent petition from a committed person without the concurrence of the director, the court shall endeavor whenever possible to review the petition and determine if it is based upon frivolous grounds and, if so, shall deny the petition without a hearing. The person petitioning for conditional release under this subdivision shall be entitled to assistance of counsel in all hearings under this section. The person petitioning for conditional release shall serve a copy of the petition on the State Department of State Hospitals at the time the petition is filed with the court. (b) The procedure for a conditional release hearing in a case where the county of domicile has not yet been determined shall be as follows: (1) If the court deems the petition not frivolous pursuant to subdivision (a), the court shall give notice to the attorney designated in subdivision (i) of Section 6601, the retained or appointed attorney for the committed person, and the Director of State Hospitals of its intention to set a conditional release hearing. The person petitioning for conditional release, the Director of State Hospitals, and the designated attorney of the county of commitment shall notify the court within 30 court days of receipt of this notice if it appears that a county other than the county of commitment may be the county of domicile. (2) If no county other than the county of commitment appears to be the county of domicile, the court shall determine, consistent with Section 6608.5, that the county of commitment is the county of domicile. (3) If it appears or there are allegations that one or more counties, other than the county of commitment, may be the county of domicile, the court shall set a hearing to determine the county of domicile, consistent with the provisions of Section 6608.5. The court shall, at least 30 court days prior to the hearing, give notice of the domicile hearing to the persons listed in paragraph (1) and to the designated attorney for any county that is alleged to be the county of domicile. Persons listed in this paragraph and paragraph (1) may, at least 10 court days prior to the hearing, file and serve declarations, documentary evidence, and other pleadings, that are specific only to the issue of domicile. The court may, consistent with Section 6608.5, decide the issue of domicile solely on the pleadings, or additionally permit, in the interests of justice, argument and testimony. (4) After determining the county of domicile pursuant to paragraph (2) or (3), the court shall set a date for a conditional release hearing and shall give notice of the hearing at least 30 court days before the hearing to the persons described in paragraph (1) and the designated attorney for the county of domicile. (5) (A) If the county of domicile is different than the county of commitment, the designated attorney for the county of domicile and the designated attorney for the county of commitment may mutually agree that the designated attorney for the county of domicile will represent the state at the conditional release hearing. If the designated attorneys do not make this agreement, the designated attorney for the county of commitment will represent the state at the conditional release hearing. (B) At least 20 court days before the conditional release hearing, the designated attorney for the county of commitment shall give notice to the parties listed in paragraph (1) and to the court whether the state will be represented by the designated attorney of the county of domicile or the designated attorney of the county of commitment. (C) The designated attorney for the county of domicile and the designated attorney for the county of commitment should cooperate with each other to ensure that all relevant evidence is submitted on behalf of the state. No attorney other than the designated attorney for the county representing the state shall appear on behalf of the state at the conditional release hearing. (6) The court’s determination of a county of domicile shall govern the current and any subsequent petition for conditional release under this section. (7) For the purpose of this subdivision, the term “county of domicile” shall have the same meaning as defined in Section 6608.5. (8) For purposes of this section, the term “designated attorney of the county of commitment” means the attorney designated in subdivision (i) of Section 6601 in the county of commitment. (9) For purposes of this section, the term “designated attorney for the county of domicile” means the attorney designated in subdivision (i) of Section 6601 in the county of domicile. (c) The proceedings for a conditional release hearing in a case where the court has previously determined the county of domicile shall be as follows: (1) If the court determines, pursuant to subdivision (a), that the petition is not frivolous, the court shall give notice of the hearing date at least 30 days prior to the hearing to the designated attorneys for the county of domicile and the county of commitment, the retained or appointed attorney for the petitioner, and the Director of State Hospitals. (2) Representation of the state at the conditional release hearing shall be pursuant to paragraph (5) of subdivision (b). (d) (1) If a committed person has been conditionally released by a court to a county other than the county of domicile, and the jurisdiction of the person has been transferred to that county, pursuant to subdivision (g) of Section 6608.5, the notice specified in paragraph (1) of subdivision (c) shall be given to the designated attorney of the county of placement, who shall represent the state in any further proceedings. (2) The term “county of placement” means the county where the court has placed a person who is granted conditional release. (e) If the petition for conditional release is made without the consent of the director of the treatment facility, no action shall be taken on the petition by the court without first obtaining the written recommendation of the director of the treatment facility. (f) A hearing upon the petition shall not be held until the person who is committed has been under commitment for confinement and care in a facility designated by the Director of State Hospitals for not less than one year from the date of the order of commitment. A hearing upon the petition shall not be held until the community program director designated by the State Department of State Hospitals submits a report to the court that makes a recommendation as to the appropriateness of placing the person in a state-operated forensic conditional release program. (g) The court shall hold a hearing to determine whether the person committed would be a danger to the health and safety of others in that it is likely that the person will engage in sexually violent criminal behavior due to the person’s diagnosed mental disorder if under supervision and treatment in the community. The attorney designated pursuant to paragraph (5) of subdivision (b) shall represent the state and may have the committed person evaluated by experts chosen by the state. The committed person shall have the right to the appointment of experts, if the committed person so requests. If the court at the hearing determines that the committed person would not be a danger to others due to the committed person’s diagnosed mental disorder while under supervision and treatment in the community, the court shall order the committed person placed with an appropriate forensic conditional release program operated by the state for one year. A substantial portion of the state-operated forensic conditional release program shall include outpatient supervision and treatment. The court shall retain jurisdiction of the person throughout the course of the program, except as provided in subdivision (g) of Section 6608.5. (h) Before placing a committed person in a state-operated forensic conditional release program, the community program director designated by the State Department of State Hospitals shall submit a written recommendation to the court stating which forensic conditional release program is most appropriate for supervising and treating the committed person. If the court does not accept the community program director’s recommendation, the court shall specify the reason or reasons for its order on the record. The procedures described in Sections 1605 to 1610, inclusive, of the Penal Code shall apply to the person placed in the forensic conditional release program. (i) If the court determines that the person should be transferred to a state-operated forensic conditional release program, the community program director, or their designee, shall make the necessary placement arrangements and, within 30 days after receiving notice of the court’s finding, the person shall be placed in the community in accordance with the treatment and supervision plan unless good cause for not doing so is presented to the court. (j) If the court denies the petition to place the person in an appropriate forensic conditional release program, the person may not file a new application until one year has elapsed from the date of the denial. (k) In a hearing authorized by this section, the committed person shall have the burden of proof by a preponderance of the evidence, unless the report required by Section 6604.9 determines that conditional release to a less restrictive alternative is in the best interest of the person and that conditions can be imposed that would adequately protect the community, in which case the burden of proof shall be on the state to show, by a preponderance of the evidence, that conditional release is not appropriate. (l) Time spent in a conditional release program pursuant to this section shall not count toward the term of commitment under this article unless the person is confined in a locked facility by the conditional release program, in which case the time spent in a locked facility shall count toward the term of commitment. (m) After a minimum of one year on conditional release, the committed person, with or without the recommendation or concurrence of the Director of State Hospitals, may petition the court for unconditional discharge. The court shall use the procedures described in subdivisions (a) and (b) of Section 6605 to determine if the person should be unconditionally discharged from commitment on the basis that, by reason of a diagnosed mental disorder, the person is no longer a danger to the health and safety of others in that it is not likely that the person will engage in sexually violent criminal behavior. (Amended by Stats. 2022, Ch. 880, Sec. 1. (SB 1034) Effective January 1, 2023.)
  69. 6608.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. Commitment Classification [6331 - 6609.3] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 4. Sexually Violent Predators [6600 - 6609.3] ( Article 4 added by Stats. 1995, Ch. 763, Sec. 3. )

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    People on outpatient status or conditional release under this article must be monitored by GPS until they are unconditionally discharged.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. Commitment Classification [6331 - 6609.3] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 4. Sexually Violent Predators [6600 - 6609.3] ( Article 4 added by Stats. 1995, Ch. 763, Sec. 3. ) ## 6608.1. A person who is released on outpatient status or granted conditional release pursuant to this article shall be monitored by a global positioning system (GPS) until the person is unconditionally discharged. (Added by Stats. 2022, Ch. 104, Sec. 1. (AB 1641) Effective January 1, 2023.)
  70. 6608.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. Commitment Classification [6331 - 6609.3] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 4. Sexually Violent Predators [6600 - 6609.3] ( Article 4 added by Stats. 1995, Ch. 763, Sec. 3. )

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    This section generally requires a conditionally released person to be placed in their county of domicile, unless specified exceptions apply.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. Commitment Classification [6331 - 6609.3] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 4. Sexually Violent Predators [6600 - 6609.3] ( Article 4 added by Stats. 1995, Ch. 763, Sec. 3. ) ## 6608.5. (a) After a judicial determination that a person would not be a danger to the health and safety of others in that it is not likely that the person will engage in sexually violent criminal behavior due to the person’s diagnosed mental disorder while under supervision and treatment in the community, a person who is conditionally released pursuant to this article shall be placed in the county of domicile of the person prior to the person’s incarceration, unless both of the following conditions are satisfied: (1) The court finds that extraordinary circumstances require placement outside the county of domicile as set forth in Section 6608.6. (2) The designated county of placement was given prior notice and an opportunity to comment on the proposed placement of the committed person in the county, according to procedures set forth in Section 6609.1. (b) (1) For the purposes of this section, “county of domicile” means the county where the person has their true, fixed, and permanent home and principal residence and to which the person has manifested the intention of returning whenever the person is absent. For the purposes of determining the county of domicile, the court shall consider information found on a California driver’s license, California identification card, recent rent or utility receipt, printed personalized checks or other recent banking documents showing that person’s name and address, or information contained in an arrest record, probation officer’s report, trial transcript, or other court document. If no information can be identified or verified, the county of domicile of the individual shall be considered to be the county in which the person was arrested for the crime for which the person was last incarcerated in the state prison or from which the person was last returned from parole. (2) In a case where the person committed a crime while being held for treatment in a state hospital, or while being confined in a state prison or local jail facility, the county wherein that facility was located shall not be considered the county of domicile unless the person resided in that county prior to being housed in the hospital, prison, or jail. (c) For the purposes of this section, “extraordinary circumstances” means circumstances that would inordinately limit the department’s ability to effect conditional release of the person in the county of domicile in accordance with Section 6608 or any other provision of this article, and the procedures described in Sections 1605 to 1610, inclusive, of the Penal Code. (d) (1) The counsel for the committed individual; the sheriff or the chief of police of the locality for placement, the county counsel, and the district attorney from the county of domicile; and the sheriff or the chief of police of, and the county counsel and the district attorney of, an alternative placement locality where a potential placement location has been identified and is being considered by the department for potential recommendation to the court for placement of the individual; or their designees, shall provide assistance and consultation in the department’s process of locating and securing housing within the county for persons committed as sexually violent predators who are about to be conditionally released under Section 6608. Upon notification by the department of a person’s potential or expected conditional release under Section 6608, the counsel for the committed individual; the sheriff or the chief of police of the locality for placement, the county counsel, and the district attorney of the county of domicile; and the sheriff or chief of police of, and the county counsel and district attorney of, an alternative placement locality; or their designees, shall provide appropriate contact information for their respective office to the department, at least 60 days before the date of the potential or expected release. (2) The department shall convene a committee with the participants listed in paragraph (1) for the purpose of obtaining relevant assistance and consultation information in order to secure suitable housing for the person to be conditionally released. Notwithstanding the Bagley-Keene Open Meeting Act (Article 9 (commencing with Section 11120) of Chapter 1 of Part 1 of Division 3 of Title 2 of the Government Code), these committee meetings may be held by teleconference as long as the public is afforded teleconference access to the public portion of the committee meetings. (3) The court may order a status conference to evaluate the department’s progress in locating and securing housing and in obtaining relevant assistance and consultation information from the participants listed in paragraph (1). The court may sanction any of the participants listed in paragraph (1) for failure to appear at the status conference unless the participant shows good cause for their failure to appear. (4) This subdivision does not require the participants listed in paragraph (1) to perform a housing site assessment. (e) In recommending a specific placement for community outpatient treatment, the department or its designee shall consider all of the following: (1) The concerns and proximity of the victim or the victim’s next of kin. (2) The age and profile of the victim or victims in the sexually violent offenses committed by the person subject to placement. For purposes of this subdivision, the “profile” of a victim includes, but is not limited to, gender, physical appearance, economic background, profession, and other social or personal characteristics. (f) Notwithstanding any other law, a person released under this section shall not be placed within one-quarter mile of any public or private school providing instruction in kindergarten or any of grades 1 to 12, inclusive, if either of the following conditions exist: (1) The person has previously been convicted of a violation of Section 288.5 of, or subdivision (a) or (b), or paragraph (1) of subdivision (c) of Section 288 of, the Penal Code. (2) The court finds that the person has a history of improper sexual conduct with children. (g) (1) Except as provided in paragraph (2), if the committed person is ordered to be conditionally released in a county other than the county of commitment due to extraordinary circumstances pursuant to Section 6608.6, the court shall order that jurisdiction of the person and all records related to the case be transferred to the court of the county of placement. Upon transfer of jurisdiction to the county of placement, the designated attorney of the county of placement shall represent the state in all further proceedings. (2) The designated attorney of the county of commitment shall serve written notice upon the designated attorney for the county of placement within 15 court days of an order to place a committed person in the county of placement. The designated attorney of the county of placement may file an affidavit with the court in the county of commitment objecting to the transfer of jurisdiction within 15 court days after receiving the notice. If the affidavit objecting to the transfer of jurisdiction is timely filed, the court shall not transfer jurisdiction. If an affidavit objecting to the transfer of jurisdiction is not timely filed, paragraph (1) shall apply. (3) For the purpose of this section, “county of placement” means the county where the court orders the committed person to be placed for conditional release. (4) For the purpose of this section, “designated attorney of the county of placement” means the attorney designated in subdivision (l) of Section 6601 in the county of placement. (5) This section shall not be construed to negate or in any way affect the decision of the court of the county of commitment to conditionally release the committed person in the county of placement. (Amended by Stats. 2024, Ch. 816, Sec. 1. (AB 1954) Effective January 1, 2025.)
  71. 6608.6.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. Commitment Classification [6331 - 6609.3] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 4. Sexually Violent Predators [6600 - 6609.3] ( Article 4 added by Stats. 1995, Ch. 763, Sec. 3. )

    Verify source ↗

    A court can find extraordinary circumstances only after the committed person’s county of domicile petitions and the stated procedural steps are completed.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. Commitment Classification [6331 - 6609.3] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 4. Sexually Violent Predators [6600 - 6609.3] ( Article 4 added by Stats. 1995, Ch. 763, Sec. 3. ) ## 6608.6. (a) A court may make a finding of extraordinary circumstances only after the committed person’s county of domicile has petitioned the court to make this finding. (b) The court may grant the county of domicile’s petition and make a finding of extraordinary circumstances only after all of the following have occurred: (1) The county of domicile has demonstrated to the court that the county of domicile has engaged in an exhaustive housing search with meaningful and robust participation from the participants listed in subdivision (d) of Section 6608.5 in both committee conferences and status conferences. The county of domicile shall provide the court with declarations from the county of domicile and all the participants attesting to the exhaustive housing search. (2) (A) The county of domicile has provided at least one alternative placement county for consideration and has noticed the district attorney, or district attorneys, of the alternative placement county, or counties, and the department regarding the county of domicile’s intention to petition for a finding of extraordinary circumstance. (B) The county of domicile shall indicate, if applicable, how the committed person has a community connection to a proposed alternative placement county, including whether the committed person has previously resided, been employed, or has next of kin in a proposed alternative placement county. (3) The county of domicile has provided the declarations and community connection information required by paragraphs (1) and (2) to the department and to the district attorney of a proposed alternative placement county. (4) The department and the district attorney of a proposed alternative placement county have had an opportunity to be heard at a hearing, which shall be noticed no fewer than 30 days before the date of the hearing. (c) (1) If the court finds that extraordinary circumstances require the placement to occur outside the county of domicile, the court shall state its findings on the record and the grounds supporting its findings. (2) Extraordinary costs associated with a housing placement inside the county of domicile shall not be grounds for a finding of extraordinary circumstances. (d) A court shall not order a search of alternative housing placements outside of the county of domicile until after the court has granted a petition finding that extraordinary circumstances exist. (e) The Judicial Council shall report to the Legislature on an annual basis the instances in which a court issues a finding of extraordinary circumstances and shall detail the court’s findings and grounds supporting the findings, as stated by the court pursuant to subdivision (c). The annual report required by this subdivision shall be submitted in compliance with Section 9795 of the Government Code. (f) Notwithstanding any other law, a court may order the placement of the committed person in an alternative placement county upon stipulation between the domicile county and the alternative placement county. (Added by Stats. 2022, Ch. 880, Sec. 3. (SB 1034) Effective January 1, 2023.)
  72. 6608.7.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. Commitment Classification [6331 - 6609.3] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 4. Sexually Violent Predators [6600 - 6609.3] ( Article 4 added by Stats. 1995, Ch. 763, Sec. 3. )

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    The State Department of State Hospitals may make agreements or contracts with corrections or local law enforcement agencies for supervision or monitoring services for conditionally released sexually violent predators.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. Commitment Classification [6331 - 6609.3] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 4. Sexually Violent Predators [6600 - 6609.3] ( Article 4 added by Stats. 1995, Ch. 763, Sec. 3. ) ## 6608.7. The State Department of State Hospitals may enter into an interagency agreement or contract with the Department of Corrections and Rehabilitation or with local law enforcement agencies for services related to supervision or monitoring of sexually violent predators who have been conditionally released into the community under the forensic conditional release program pursuant to this article. (Amended by Stats. 2014, Ch. 442, Sec. 17. (SB 1465) Effective September 18, 2014.)
  73. 6608.8.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. Commitment Classification [6331 - 6609.3] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 4. Sexually Violent Predators [6600 - 6609.3] ( Article 4 added by Stats. 1995, Ch. 763, Sec. 3. )

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    The department must provide the court and certain parties with specified contract or notice information, and it generally cannot change conditional release terms without court approval unless there is an emergency.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. Commitment Classification [6331 - 6609.3] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 4. Sexually Violent Predators [6600 - 6609.3] ( Article 4 added by Stats. 1995, Ch. 763, Sec. 3. ) ## 6608.8. (a) For any person who is proposed for community outpatient treatment under the forensic conditional release program, the department shall provide to the court a copy of the written contract entered into with any public or private person or entity responsible for monitoring and supervising the patient’s outpatient placement and treatment program. This subdivision does not apply to subcontracts between the contractor and clinicians providing treatment and related services to the person. (b) The terms and conditions of conditional release shall be drafted to include reasonable flexibility to achieve the aims of conditional release, and to protect the public and the conditionally released person. (c) The court in its discretion may order the department to, notwithstanding Section 4514 or 5328, provide a copy of the written terms and conditions of conditional release to the sheriff or chief of police, or both, that have jurisdiction over the proposed or actual placement community. (d) (1) Except in an emergency, the department or its designee shall not alter the terms and conditions of conditional release without the prior approval of the court. (2) The department shall provide notice to the person committed under this article and the district attorney or designated county counsel of any proposed change in the terms and conditions of conditional release. (3) The court on its own motion, or upon the motion of either party to the action, may set a hearing on the proposed change. The hearing shall be held as soon as is practicable. (4) If a hearing on the proposed change is held, the court shall state its findings on the record. If the court approves a change in the terms and conditions of conditional release without a hearing, the court shall issue a written order. (5) In the case of an emergency, the department or its designee may deviate from the terms and conditions of the conditional release if necessary to protect public safety or the safety of the person. If a hearing on the emergency is set by the court or requested by either party, the hearing shall be held as soon as practicable. The department, its designee, and the parties shall endeavor to resolve routine matters in a cooperative fashion without the need for a formal hearing. (e) Notwithstanding any provision of this section, including, but not limited to, subdivision (d), matters concerning the residential placement, including any changes or proposed changes in the residence of the person, shall be considered and determined pursuant to Section 6609.1. (Amended by Stats. 2007, Ch. 302, Sec. 20. Effective January 1, 2008.)
  74. 6608.9.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. Commitment Classification [6331 - 6609.3] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 4. Sexually Violent Predators [6600 - 6609.3] ( Article 4 added by Stats. 1995, Ch. 763, Sec. 3. )

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    The State Department of State Hospitals must analyze whether transitional housing facilities should be established for the conditional release program and report the findings to the Legislature by January 1, 2027.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. Commitment Classification [6331 - 6609.3] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 4. Sexually Violent Predators [6600 - 6609.3] ( Article 4 added by Stats. 1995, Ch. 763, Sec. 3. ) ## 6608.9. (a) On or before January 1, 2027, the State Department of State Hospitals shall conduct an analysis of the benefits and feasibility of establishing transitional housing facilities for the conditional release program, and submit the findings of the analysis in a report to the Legislature. (b) A report to be submitted pursuant to subdivision (a) shall be submitted in compliance with Section 9795 of the Government Code. (Added by Stats. 2025, Ch. 581, Sec. 1. (SB 380) Effective October 10, 2025.)
  75. 6609.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. Commitment Classification [6331 - 6609.3] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 4. Sexually Violent Predators [6600 - 6609.3] ( Article 4 added by Stats. 1995, Ch. 763, Sec. 3. )

    Verify source ↗

    On request by a city police chief or county sheriff, the State Department of State Hospitals must provide specified information about certain sexually violent predators in conditional release outpatient care within 10 days.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. Commitment Classification [6331 - 6609.3] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 4. Sexually Violent Predators [6600 - 6609.3] ( Article 4 added by Stats. 1995, Ch. 763, Sec. 3. ) ## 6609. Within 10 days of a request made by the chief of police of a city or the sheriff of a county, the State Department of State Hospitals shall provide the following information concerning each person committed as a sexually violent predator who is receiving outpatient care in a conditional release program in that city or county: name, address, date of commitment, county from which committed, date of placement in the conditional release program, fingerprints, and a glossy photograph no smaller than 31/8 × 31/8 inches in size, or clear copies of the fingerprints and photograph. (Amended by Stats. 2014, Ch. 442, Sec. 18. (SB 1465) Effective September 18, 2014.)
  76. 6609.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. Commitment Classification [6331 - 6609.3] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 4. Sexually Violent Predators [6600 - 6609.3] ( Article 4 added by Stats. 1995, Ch. 763, Sec. 3. )

    Verify source ↗

    The department and related agencies must give notice and share information before certain sexually violent predator release or placement decisions, and receiving agencies may comment.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. Commitment Classification [6331 - 6609.3] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 4. Sexually Violent Predators [6600 - 6609.3] ( Article 4 added by Stats. 1995, Ch. 763, Sec. 3. ) ## 6609.1. (a) (1) When the State Department of State Hospitals makes a recommendation to the court for community outpatient treatment for any person committed as a sexually violent predator, or when a person who is committed as a sexually violent predator pursuant to this article has petitioned a court pursuant to Section 6608 for conditional release under supervision and treatment in the community pursuant to a conditional release program, or has petitioned a court pursuant to Section 6608 for subsequent unconditional discharge, and the department is notified, or is aware, of the filing of the petition, and when a community placement location is recommended or proposed, the department shall notify the sheriff or chief of police, or both, the district attorney, or the county’s designated counsel, that have jurisdiction over the following locations: (A) The community in which the person may be released for community outpatient treatment. (B) The community in which the person maintained their last legal residence as defined by Section 3003 of the Penal Code. (C) The county that filed for the person’s civil commitment pursuant to this article. (2) The department shall also notify the Sexually Violent Predator Parole Coordinator of the Department of Corrections and Rehabilitation, if the person is otherwise subject to parole pursuant to Article 1 (commencing with Section 3000) of Chapter 8 of Title 1 of Part 3 of the Penal Code. The department shall also notify the Department of Justice. (3) The notice shall be given when the department or its designee makes a recommendation under subdivision (e) of Section 6608 or proposes a placement location without making a recommendation, or when any other person proposes a placement location to the court and the department or its designee is made aware of the proposal. (4) The notice shall be given at least 30 days prior to the department’s submission of its recommendation to the court in those cases in which the department recommended community outpatient treatment under Section 6607, or in which the department or its designee is recommending or proposing a placement location, or in the case of a petition or placement proposal by someone other than the department or its designee, within 48 hours after becoming aware of the petition or placement proposal. (5) The notice shall state that it is being made under this section and include all of the following information concerning each person committed as a sexually violent predator who is proposed or is petitioning to receive outpatient care in a conditional release program in that city or county: (A) The name, proposed placement address, date of commitment, county from which committed, proposed date of placement in the conditional release program, fingerprints, and a glossy photograph no smaller than 31/8 by 31/8 inches in size, or clear copies of the fingerprints and photograph. (B) The date, place, and time of the court hearing at which the location of placement is to be considered and a proof of service attesting to the notice’s mailing in accordance with this subdivision. (C) A list of agencies that are being provided this notice and the addresses to which the notices are being sent. (6) The notice shall be sent electronically and by certified mail. The timeframe for notice provisions under this section begins when the notice is sent. (b) Those agencies receiving the notice referred to in paragraphs (1) and (2) of subdivision (a) may provide written comment to the department and the court regarding the impending release, placement, location, and conditions of release. All community agency comments shall be combined and consolidated. The written comment shall be filed with the court at the time that the comment is provided to the department. The written comment shall identify differences between the comment filed with the court and that provided to the department, if any. In addition, a single agency in the community of the specific proposed or recommended placement address may suggest appropriate, alternative locations for placement within that community. A copy of the suggested alternative placement location shall be filed with the court at the time that the suggested placement location is provided to the department. The State Department of State Hospitals shall issue a written statement to the commenting agencies and to the court within 10 days of receiving the written comments with a determination as to whether to adjust the release location or general terms and conditions, and explaining the basis for its decision. In lieu of responding to the individual community agencies or individuals, the department’s statement responding to the community comment shall be in the form of a public statement. (c) The agencies’ comments and department’s statements shall be considered by the court which shall, based on those comments and statements, approve, modify, or reject the department’s recommendation or proposal regarding the community or specific address to which the person is scheduled to be released or the conditions that shall apply to the release if the court finds that the department’s recommendation or proposal is not appropriate. (d) (1) When the State Department of State Hospitals makes a recommendation to pursue recommitment, makes a recommendation not to pursue recommitment, or seeks a judicial review of commitment status pursuant to subdivision (f) of Section 6605, of any person committed as a sexually violent predator, it shall provide written notice of that action to the sheriff or chief of police, or both, and to the district attorney, that have jurisdiction over the following locations: (A) The community in which the person maintained their last legal residence as defined by Section 3003 of the Penal Code. (B) The community in which the person will probably be released, if recommending not to pursue recommitment. (C) The county that filed for the person’s civil commitment pursuant to this article. (2) The State Department of State Hospitals shall also notify the Sexually Violent Predator Parole Coordinator of the Department of Corrections and Rehabilitation, if the person is otherwise subject to parole pursuant to Article 1 (commencing with Section 3000) of Chapter 8 of Title 1 of Part 3 of the Penal Code. The State Department of State Hospitals shall also notify the Department of Justice. The notice shall be made at least 15 days prior to the department’s submission of its recommendation to the court. (3) Those agencies receiving the notice referred to in this subdivision shall have 15 days from receipt of the notice to provide written comment to the department regarding the impending release. At the time that the written comment is made to the department, a copy of the written comment shall be filed with the court by the agency or agencies making the comment. Those comments shall be considered by the department, which may modify its decision regarding the community in which the person is scheduled to be released, based on those comments. (e) (1) If the court orders the release of a sexually violent predator, the court shall notify the Sexually Violent Predator Parole Coordinator of the Department of Corrections and Rehabilitation. The Department of Corrections and Rehabilitation shall notify the Department of Justice, the State Department of State Hospitals, the sheriff or chief of police, or both, and the district attorney, that have jurisdiction over the following locations: (A) The community in which the person is to be released. (B) The community in which the person maintained their last legal residence as defined in Section 3003 of the Penal Code. (2) The Department of Corrections and Rehabilitation shall make the notifications required by this subdivision regardless of whether the person released will be serving a term of parole after release by the court. (f) If the person is otherwise subject to parole pursuant to Article 1 (commencing with Section 3000) of Chapter 8 of Title 1 of Part 3 of the Penal Code, to allow adequate time for the Department of Corrections and Rehabilitation to make appropriate parole arrangements upon release of the person, the person shall remain in physical custody for a period not to exceed 72 hours or until parole arrangements are made by the Sexually Violent Predator Parole Coordinator of the Department of Corrections and Rehabilitation, whichever is sooner. To facilitate timely parole arrangements, notification to the Sexually Violent Predator Parole Coordinator of the Department of Corrections and Rehabilitation of the pending release shall be made by telephone or facsimile and, to the extent possible, notice of the possible release shall be made in advance of the proceeding or decision determining whether to release the person. (g) The notice required by this section shall be made whether or not a request has been made pursuant to Section 6609. (h) The time limits imposed by this section are not applicable when the release date of a sexually violent predator has been advanced by a judicial or administrative process or procedure that could not have reasonably been anticipated by the State Department of State Hospitals and where, as the result of the time adjustments, there is less than 30 days remaining on the commitment before the inmate’s release, but notice shall be given as soon as practicable. (i) In the case of any subsequent community placement or change of community placement of a conditionally released sexually violent predator, notice required by this section shall be given under the same terms and standards as apply to the initial placement, except in the case of an emergency where the sexually violent predator must be moved to protect the public safety or the safety of the sexually violent predator. In the case of an emergency, the notice shall be given as soon as practicable, and the affected communities may comment on the placement as described in subdivision (b). (j) The provisions of this section are severable. If any provision of this section or its application is held invalid, that invalidity shall not affect other provisions or applications that can be given effect without the invalid provision or application. (Amended by Stats. 2024, Ch. 816, Sec. 2. (AB 1954) Effective January 1, 2025.)
  77. 6609.2.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. Commitment Classification [6331 - 6609.3] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 4. Sexually Violent Predators [6600 - 6609.3] ( Article 4 added by Stats. 1995, Ch. 763, Sec. 3. )

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    If notified by the State Department of State Hospitals, a sheriff or chief of police may notify a designated recipient about the disposition of a sexually violent predator.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. Commitment Classification [6331 - 6609.3] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 4. Sexually Violent Predators [6600 - 6609.3] ( Article 4 added by Stats. 1995, Ch. 763, Sec. 3. ) ## 6609.2. (a) When any sheriff or chief of police is notified by the State Department of State Hospitals of its recommendation to the court concerning the disposition of a sexually violent predator pursuant to subdivision (a) or (b) of Section 6609.1, that sheriff or chief of police may notify any person designated by the sheriff or chief of police as an appropriate recipient of the notice. (b) A law enforcement official authorized to provide notice pursuant to this section, and the public agency or entity employing the law enforcement official, shall not be liable for providing or failing to provide notice pursuant to this section. (Amended by Stats. 2012, Ch. 440, Sec. 71. (AB 1488) Effective September 22, 2012.)
  78. 6609.3.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. Commitment Classification [6331 - 6609.3] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 4. Sexually Violent Predators [6600 - 6609.3] ( Article 4 added by Stats. 1995, Ch. 763, Sec. 3. )

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    Certain officials must notify requested persons about release-related events for sexually violent offenses, and the requesting person must keep their mailing address current to receive the notice.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. Commitment Classification [6331 - 6609.3] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 4. Sexually Violent Predators [6600 - 6609.3] ( Article 4 added by Stats. 1995, Ch. 763, Sec. 3. ) ## 6609.3. (a) At the time a notice is sent pursuant to subdivisions (a) and (b) of Section 6609.1, the sheriff, chief of police, or district attorney notified of the release shall also send a notice to persons described in Section 679.03 of the Penal Code who have requested a notice, informing those persons of the fact that the person who committed the sexually violent offense may be released together with information identifying the court that will consider the conditional release, recommendation regarding recommitment, or review of commitment status pursuant to subdivision (f) of Section 6605. When a person is approved by the court to be conditionally released, notice of the community in which the person is scheduled to reside shall also be given only if it is (1) in the county of residence of a witness, victim, or family member of a victim who has requested notice, or (2) within 100 miles of the actual residence of a witness, victim, or family member of a victim who has requested notice. If, after providing the witness, victim, or next of kin with the notice, there is any change in the release date or the community in which the person is to reside, the sheriff, chief of police, or the district attorney shall provide the witness, victim, or next of kin with the revised information. (b) At the time a notice is sent pursuant to subdivision (c) of Section 6609.1 the Department of Corrections shall also send a notice to persons described in Section 679.03 of the Penal Code who have requested a notice informing those persons of the fact that the person who committed the sexually violent offense has been released. (c) In order to be entitled to receive the notice set forth in this section, the requesting party shall keep the sheriff, chief of police, and district attorney who were notified under Section 679.03 of the Penal Code, informed of his or her current mailing address. (Amended by Stats. 1998, Ch. 961, Sec. 11. Effective September 29, 1998.)
  79. 661.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 16. Wards—Commencement of Proceedings [650 - 664] ( Heading of Article 16 renumbered from Article 7 by Stats. 1976, Ch. 1068. )

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    The juvenile court may issue a citation requiring certain parents or custodians to appear or bring the minor, and the notice must include specified warnings and rights in Section 601 cases.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 16. Wards—Commencement of Proceedings [650 - 664] ( Heading of Article 16 renumbered from Article 7 by Stats. 1976, Ch. 1068. ) ## 661. (a) In addition to the notice provided in Sections 658 and 659, the juvenile court may issue a citation directing any parent, guardian, or foster parent of the person concerning whom a petition has been filed to appear at the time and place set for any hearing or financial evaluation under the provisions of this chapter, including a hearing under the provisions of Section 257, and directing any person having custody or control of the minor concerning whom the petition has been filed to bring the minor with him or her. (b) The notice shall in addition state that a parent, guardian, or foster parent may be required to participate in a counseling or education program with the minor concerning whom the petition has been filed. (c) If the proceeding is one alleging that the minor comes within the provisions of Section 601, the notice shall in addition contain notice to the parent, guardian, or other person having control or charge of the minor that failure to comply with the compulsory school attendance laws is an infraction, which may be charged and prosecuted before the juvenile court judge sitting as a superior court judge. In those cases, the notice shall also include notice that the parent, guardian, or other person having control or charge of the minor has the right to a hearing on the infraction before a judge different than the judge who has heard or is to hear the proceeding pursuant to Section 601. The notice shall also explain the provisions of Section 170.6 of the Code of Civil Procedure. (d) Personal service of the citation shall be made at least 24 hours before the time stated therein for the appearance. The citation may also be electronically served pursuant to Section 212.5, but only in addition to service by other forms of service required by law. (Amended by Stats. 2017, Ch. 319, Sec. 140. (AB 976) Effective January 1, 2018.)
  80. 662.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 16. Wards—Commencement of Proceedings [650 - 664] ( Heading of Article 16 renumbered from Article 7 by Stats. 1976, Ch. 1068. )

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    If a citation cannot be served, is ignored, or seems likely to be ineffective, the court may order a warrant of arrest for certain adults connected to the minor.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 16. Wards—Commencement of Proceedings [650 - 664] ( Heading of Article 16 renumbered from Article 7 by Stats. 1976, Ch. 1068. ) ## 662. In case such citation cannot be served, or the person served fails to obey it, or in any case in which it appears to the court that the citation will probably be ineffective, a warrant of arrest may issue on the order of the court either against the parent, or guardian, or the person having the custody of the minor, or with whom the minor is. (Repealed and added by Stats. 1961, Ch. 1616.)
  81. 663.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 16. Wards—Commencement of Proceedings [650 - 664] ( Heading of Article 16 renumbered from Article 7 by Stats. 1976, Ch. 1068. )

    Verify source ↗

    A juvenile court may immediately issue a warrant of arrest for a minor if specified conditions are shown.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 16. Wards—Commencement of Proceedings [650 - 664] ( Heading of Article 16 renumbered from Article 7 by Stats. 1976, Ch. 1068. ) ## 663. (a) Whenever a petition has been filed in the juvenile court alleging that a minor comes within the provisions of Section 601 or 602 of this code and praying for a hearing thereon, or whenever any subsequent petition has been filed praying for a hearing in the matter of the minor, a warrant of arrest may be issued immediately for the minor upon a showing that any one of the following conditions are satisfied: (1) It appears to the court that the conduct and behavior of the minor may endanger the health, person, welfare, or property of himself or herself, or others, or that the circumstances of his or her home environment may endanger the health, person, welfare, or property of the minor. (2) It appears to the court that either personal service upon the minor has been unsuccessful, or the whereabouts of the minor are unknown. (3) It appears to the court that the minor has willfully evaded service of process. (b) Nothing in this section shall be construed to limit the right of parents or guardians to receive the notice and a copy of the petition pursuant to Section 660. (Amended March 7, 2000, by initiative Proposition 21, Sec. 24.)
  82. 664.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 16. Wards—Commencement of Proceedings [650 - 664] ( Heading of Article 16 renumbered from Article 7 by Stats. 1976, Ch. 1068. )

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    This section lets specified court actors issue subpoenas in juvenile matters, allows witness fees to be paid, and requires parents or guardians to attend certain hearings unless excused.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 16. Wards—Commencement of Proceedings [650 - 664] ( Heading of Article 16 renumbered from Article 7 by Stats. 1976, Ch. 1068. ) ## 664. (a) The district attorney or the attorney of record for the minor may issue, and upon request of the probation officer, the minor, or the minor’s parent, guardian, or custodian, the court or the clerk of the court shall issue, and, on the court’s own motion, the court may issue, subpoenas requiring attendance and testimony of witnesses and production of papers at any hearing regarding a minor who is alleged or determined by the court to be a person described by Section 601 or 602. (b) When a person attends a juvenile court hearing as a witness upon a subpoena, in its discretion, the court may by an order on its minutes, direct the county auditor to draw his or her warrant upon the county treasurer in favor of the witness for witness fees in the amount and manner prescribed by Section 68093 of the Government Code. The fees are county charges. (c) (1) The court shall use whatever means are appropriate, including, but not limited to, the issuance of a subpoena, if appropriate, to require the presence of the parent, parents, or guardian of a child at the detention, jurisdictional, and disposition hearings regarding a minor who is alleged or determined by the court to be a person described by Section 601 or 602 unless the court determines that it would be in the best interests of the child for the parent to not attend or the court finds that it would impose a hardship upon the parent or guardian to attend. Any parent or guardian who does not attend a hearing pursuant to a subpoena under this section is guilty of contempt unless the court excuses, for good cause, the parent or guardian from attending the hearing or the court finds that the parent or guardian has a satisfactory excuse for not attending. (2) For purposes of this subdivision, the term “parent” includes a foster parent. (Amended by Stats. 1997, Ch. 903, Sec. 1. Effective January 1, 1998.)
  83. 6715.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 3. Expense of Detention or Proceedings Concerning Commitments [6715 - 6717] ( Chapter 3 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 4. Persons with Intellectual Disabilities [6715 - 6717] ( Heading of Article 4 amended by Stats. 2012, Ch. 457, Sec. 59. )

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    The court must review the financial condition of certain responsible persons and, if they can pay, order payment of specified commitment-related expenses. The court also must appoint a county officer to track and process the payments.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 3. Expense of Detention or Proceedings Concerning Commitments [6715 - 6717] ( Chapter 3 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 4. Persons with Intellectual Disabilities [6715 - 6717] ( Heading of Article 4 amended by Stats. 2012, Ch. 457, Sec. 59. ) ## 6715. The court shall inquire into the financial condition of the parent, guardian, or other person charged with the support of a person committed as having an intellectual disability, and if it finds the person able to do so, in whole or in part, it shall make a further order, requiring him or her to pay, to the extent the court considers the person able, the expenses of the proceedings in connection with the investigation, detention, and commitment of the person committed, and the expenses of the committed person’s delivery to the institution, and to pay to the county, at stated periods, the sums the court deems proper, during the time the person remains in the institution or on leave of absence to a licensed hospital, facility, or home for the care of those persons. This order may be enforced by further orders as the court deems necessary, and may be varied, altered, or revoked in its discretion. The court shall designate a county officer to keep a record of payments ordered to be made, to receive, receipt for, and record the payments made, to pay over the payments to the county treasurer, to see that the persons ordered to make the payments comply with the orders, and to report to the court any failure to make the payments. (Amended by Stats. 2012, Ch. 457, Sec. 60. (SB 1381) Effective January 1, 2013.)
  84. 6716.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 3. Expense of Detention or Proceedings Concerning Commitments [6715 - 6717] ( Chapter 3 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 4. Persons with Intellectual Disabilities [6715 - 6717] ( Heading of Article 4 amended by Stats. 2012, Ch. 457, Sec. 59. )

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    The board of supervisors may relieve a probation officer from accountability for collecting certain county amounts if the amount is too small, time-barred, or unlikely to be collected.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 3. Expense of Detention or Proceedings Concerning Commitments [6715 - 6717] ( Chapter 3 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 4. Persons with Intellectual Disabilities [6715 - 6717] ( Heading of Article 4 amended by Stats. 2012, Ch. 457, Sec. 59. ) ## 6716. In any case in which the probation officer is charged with the duty of collecting amounts payable to the county under this article, upon the verified application of the probation officer the board of supervisors may make an order discharging the probation officer from further accountability for the collection of any such amount in any case as to which the board determines that the amount is too small to justify the cost of collection; that the statute of limitations has run; or that the collection of such amount is improbable for any reason. Such order is authorization for the probation officer to close his books in regard to such item, but such discharge of accountability of the probation officer does not constitute a release of any person from liability for payment of any such amount which is due and owing to the county. The board may request a written opinion from the district attorney or county counsel as to whether any particular amount is too small to justify the cost of collection, whether the statute of limitations has run, or whether collection of any particular item is improbable. (Added by Stats. 1967, Ch. 1667.)
  85. 6717.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 3. Expense of Detention or Proceedings Concerning Commitments [6715 - 6717] ( Chapter 3 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 4. Persons with Intellectual Disabilities [6715 - 6717] ( Heading of Article 4 amended by Stats. 2012, Ch. 457, Sec. 59. )

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    Costs of commitment proceedings are charged to the county, but if the person is not indigent, those costs must be paid by the person or other listed payers unless the judge orders otherwise.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 3. Expense of Detention or Proceedings Concerning Commitments [6715 - 6717] ( Chapter 3 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 4. Persons with Intellectual Disabilities [6715 - 6717] ( Heading of Article 4 amended by Stats. 2012, Ch. 457, Sec. 59. ) ## 6717. The cost necessarily incurred in determining whether a person is a fit subject for commitment and securing his or her commitment, is a charge upon the county where he or she is committed. These costs include the fees of witnesses, medical examiners, psychiatrists, and psychologists allowed by the judge ordering the examination. If the person sought to be committed is not an indigent person, the costs of the proceedings are the obligation of that person and shall be paid by him or her, or by his or her guardian or conservator, as provided in Division 4 (commencing with Section 1400) of the Probate Code, or shall be paid by persons legally liable for his or her maintenance, unless otherwise ordered by the judge. (Amended by Stats. 2012, Ch. 457, Sec. 61. (SB 1381) Effective January 1, 2013.)
  86. 6740.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 4. Execution of Commitment Orders [6740 - 6751] ( Chapter 4 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 4. Persons with Intellectual Disabilities [6740 - 6741] ( Heading of Article 4 amended by Stats. 2012, Ch. 457, Sec. 62. )

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    When issuing a commitment order for a person with an intellectual disability, the court must attach its findings, conclusions, and related social or other data, and deliver them with the order to the place of commitment.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 4. Execution of Commitment Orders [6740 - 6751] ( Chapter 4 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 4. Persons with Intellectual Disabilities [6740 - 6741] ( Heading of Article 4 amended by Stats. 2012, Ch. 457, Sec. 62. ) ## 6740. The court shall attach to the order of commitment of a person with an intellectual disability its findings and conclusions, together with all the social and other data it has bearing upon the case, and the same shall be delivered to the place of commitment with the order. (Amended by Stats. 2012, Ch. 457, Sec. 63. (SB 1381) Effective January 1, 2013.)
  87. 6741.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 4. Execution of Commitment Orders [6740 - 6751] ( Chapter 4 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 4. Persons with Intellectual Disabilities [6740 - 6741] ( Heading of Article 4 amended by Stats. 2012, Ch. 457, Sec. 62. )

    Verify source ↗

    A sheriff or court-designated probation officer may execute a commitment order for a person with an intellectual disability, and a probation officer who does so must be compensated for transporting the person to a state hospital.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 4. Execution of Commitment Orders [6740 - 6751] ( Chapter 4 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 4. Persons with Intellectual Disabilities [6740 - 6741] ( Heading of Article 4 amended by Stats. 2012, Ch. 457, Sec. 62. ) ## 6741. The sheriff or probation officer, whichever is designated by the court, may execute the order of commitment with respect to a person with an intellectual disability. In a case in which the probation officer executes the order of commitment, he or she shall be compensated for transporting the person to a state hospital in the amount and manner that a sheriff is compensated for similar services. (Amended by Stats. 2012, Ch. 457, Sec. 64. (SB 1381) Effective January 1, 2013.)
  88. 675.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 17. Wards—Hearings [675 - 714] ( Heading of Article 17 renumbered from Article 8 by Stats. 1976, Ch. 1068. )

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    Juvenile court cases under this chapter must be heard in a special or separate session, with no other matters heard at that session, and the court may apply joinder, consolidation, and severance rules when hearing two or more minors together.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 17. Wards—Hearings [675 - 714] ( Heading of Article 17 renumbered from Article 8 by Stats. 1976, Ch. 1068. ) ## 675. (a) All cases under the provisions of this chapter shall be heard at a special or separate session of the court, and no other matter shall be heard at that session. Except as provided in subdivision (b), no person on trial, awaiting trial, or under accusation of crime, other than a parent, guardian, or relative of the minor, shall be permitted to be present at any such session, except as a witness. (b) Hearings for two or more minors may be heard upon the same rules of joinder, consolidation, and severance as apply to trials in a court of criminal jurisdiction. (Amended by Stats. 1983, Ch. 390, Sec. 1.)
  89. 6750.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 4. Execution of Commitment Orders [6740 - 6751] ( Chapter 4 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 5. Medical Examiners [6750 - 6751] ( Heading of Article 5 added by Stats. 1968, Ch. 1374. )

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    The superior court judge may issue certificates in the prescribed form, and the department must issue certificates or commissions after certified copies are filed.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 4. Execution of Commitment Orders [6740 - 6751] ( Chapter 4 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 5. Medical Examiners [6750 - 6751] ( Heading of Article 5 added by Stats. 1968, Ch. 1374. ) ## 6750. The superior court judge of each county may grant certificates in accordance with the form prescribed by the State Department of State Hospitals, showing that the persons named therein are reputable physicians licensed in this state, and have been in active practice of their profession at least five years. When certified copies of such certificates have been filed with the department, it shall issue to such persons certificates or commissions, and the persons therein named shall be known as “medical examiners.” There shall at all times be at least two such medical examiners in each county. The certificate may be revoked by the department for incompetency or neglect, and shall not be again granted without the consent of the department. (Amended by Stats. 2012, Ch. 24, Sec. 148. (AB 1470) Effective June 27, 2012.)
  90. 6751.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 4. Execution of Commitment Orders [6740 - 6751] ( Chapter 4 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 5. Medical Examiners [6750 - 6751] ( Heading of Article 5 added by Stats. 1968, Ch. 1374. )

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    The department must keep a record of each duly qualified medical examiner and, when it receives a certified copy of a medical examiner’s certificate, it must file it and tell the person about the receipt and filing.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 4. Execution of Commitment Orders [6740 - 6751] ( Chapter 4 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 5. Medical Examiners [6750 - 6751] ( Heading of Article 5 added by Stats. 1968, Ch. 1374. ) ## 6751. The department shall keep in its office a record showing the name, residence, and certificate of each duly qualified medical examiner. Immediately upon the receipt of each duly certified copy of a medical examiner’s certificate, it shall file the same, and advise him of its receipt and filing. (Added by Stats. 1967, Ch. 1667.)
  91. 676.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 17. Wards—Hearings [675 - 714] ( Heading of Article 17 renumbered from Article 8 by Stats. 1976, Ch. 1068. )

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    This section limits public access to juvenile court hearings and records, with exceptions for certain cases and people the judge or referee may admit.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 17. Wards—Hearings [675 - 714] ( Heading of Article 17 renumbered from Article 8 by Stats. 1976, Ch. 1068. ) ## 676. (a) Unless requested by the minor concerning whom the petition has been filed and any parent or guardian present, the public shall not be admitted to a juvenile court hearing. Nothing in this section shall preclude the attendance of up to two family members of a prosecuting witness for the support of that witness, as authorized by Section 868.5 of the Penal Code. The judge or referee may nevertheless admit those persons he or she deems to have a direct and legitimate interest in the particular case or the work of the court. However, except as provided in subdivision (b), members of the public shall be admitted, on the same basis as they may be admitted to trials in a court of criminal jurisdiction, to hearings concerning petitions filed pursuant to Section 602 alleging that a minor is a person described in Section 602 by reason of the violation of any one of the following offenses: (1) Murder. (2) Arson of an inhabited building. (3) Robbery while armed with a dangerous or deadly weapon. (4) Rape with force or violence, threat of great bodily harm, or when the person is prevented from resisting due to being rendered unconscious by any intoxicating, anesthetizing, or controlled substance, or when the victim is at the time incapable, because of a disability, of giving consent, and this is known or reasonably should be known to the person committing the offense. (5) Sodomy by force, violence, duress, menace, threat of great bodily harm, or when the person is prevented from resisting due to being rendered unconscious by any intoxicating, anesthetizing, or controlled substance, or when the victim is at the time incapable, because of a disability, of giving consent, and this is known or reasonably should be known to the person committing the offense. (6) Oral copulation by force, violence, duress, menace, threat of great bodily harm, or when the person is prevented from resisting due to being rendered unconscious by any intoxicating, anesthetizing, or controlled substance, or when the victim is at the time incapable, because of a disability, of giving consent, and this is known or reasonably should be known to the person committing the offense. (7) Any offense specified in subdivision (a) or (e) of Section 289 of the Penal Code. (8) Kidnapping for ransom. (9) Kidnapping for purpose of robbery. (10) Kidnapping with bodily harm. (11) Assault with intent to murder or attempted murder. (12) Assault with a firearm or destructive device. (13) Assault by any means of force likely to produce great bodily injury. (14) Discharge of a firearm into an inhabited dwelling or occupied building. (15) Any offense described in Section 1203.09 of the Penal Code. (16) Any offense described in Section 12022.5 or 12022.53 of the Penal Code. (17) Any felony offense in which a minor personally used a weapon described in any provision listed in Section 16590 of the Penal Code. (18) Burglary of an inhabited dwelling house or trailer coach, as defined in Section 635 of the Vehicle Code, or the inhabited portion of any other building, if the minor previously has been adjudged a ward of the court by reason of the commission of any offense listed in this section, including an offense listed in this paragraph. (19) Any felony offense described in Section 136.1 or 137 of the Penal Code. (20) Any offense as specified in Sections 11351, 11351.5, 11352, 11378, 11378.5, 11379, and 11379.5 of the Health and Safety Code. (21) Criminal street gang activity which constitutes a felony pursuant to Section 186.22 of the Penal Code. (22) Manslaughter as specified in Section 192 of the Penal Code. (23) Driveby shooting or discharge of a weapon from or at a motor vehicle as specified in Sections 246, 247, and 26100 of the Penal Code. (24) Any crime committed with an assault weapon, as defined in Section 30510 of the Penal Code, including possession of an assault weapon as specified in Section 30605 of the Penal Code. (25) Carjacking, while armed with a dangerous or deadly weapon. (26) Kidnapping, in violation of Section 209.5 of the Penal Code. (27) Torture, as described in Sections 206 and 206.1 of the Penal Code. (28) Aggravated mayhem, in violation of Section 205 of the Penal Code. (b) Where the petition filed alleges that the minor is a person described in Section 602 by reason of the commission of rape with force or violence or great bodily harm; sodomy by force, violence, duress, menace, threat of great bodily harm, or when the person is prevented from resisting by any intoxicating, anesthetizing, or controlled substance, or when the victim is at the time incapable, because of mental disorder or developmental or physical disability, of giving consent, and this is known or reasonably should be known to the person committing the offense; oral copulation by force, violence, duress, menace, threat of great bodily harm, or when the person is prevented from resisting by any intoxicating, anesthetizing, or controlled substance, or when the victim is at the time incapable, because of mental disorder or developmental or physical disability, of giving consent, and this is known or reasonably should be known to the person committing the offense; any offense specified in Section 289 of the Penal Code, members of the public shall not be admitted to the hearing in either of the following instances: (1) Upon a motion for a closed hearing by the district attorney, who shall make the motion if so requested by the victim. (2) During the victim’s testimony, if, at the time of the offense the victim was under 16 years of age. (c) The name of a minor found to have committed one of the offenses listed in subdivision (a) shall not be confidential, unless the court, for good cause, so orders. As used in this subdivision, “good cause” shall be limited to protecting the personal safety of the minor, a victim, or a member of the public. The court shall make a written finding, on the record, explaining why good cause exists to make the name of the minor confidential. (d) Notwithstanding Sections 827 and 828 and subject to subdivisions (e) and (f), when a petition is sustained for any offense listed in subdivision (a), the charging petition, the minutes of the proceeding, and the orders of adjudication and disposition of the court that are contained in the court file shall be available for public inspection. Nothing in this subdivision shall be construed to authorize public access to any other documents in the court file. (e) The probation officer or any party may petition the juvenile court to prohibit disclosure to the public of any file or record. The juvenile court shall prohibit the disclosure if it appears that the harm to the minor, victims, witnesses, or public from the public disclosure outweighs the benefit of public knowledge. However, the court shall not prohibit disclosure for the benefit of the minor unless the court makes a written finding that the reason for the prohibition is to protect the safety of the minor. (f) Nothing in this section shall be applied to limit the disclosure of information as otherwise provided for by law. (g) The juvenile court shall for each day that the court is in session, post in a conspicuous place which is accessible to the general public, a written list of hearings that are open to the general public pursuant to this section, the location of those hearings, and the time when the hearings will be held. (Amended by Stats. 2014, Ch. 919, Sec. 2. (SB 838) Effective January 1, 2015. Note: This section was amended on March 7, 2000, by initiative Prop. 21.)
  92. 676.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 17. Wards—Hearings [675 - 714] ( Heading of Article 17 renumbered from Article 8 by Stats. 1976, Ch. 1068. )

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    Victims of juvenile offenses have a right to attend certain juvenile court hearings, with up to two support persons, unless a narrow exclusion rule applies.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 17. Wards—Hearings [675 - 714] ( Heading of Article 17 renumbered from Article 8 by Stats. 1976, Ch. 1068. ) ## 676.5. The right of victims of juvenile offenses to be present during juvenile proceedings, as specified in subdivision (a), shall be secured as follows: (a) Notwithstanding any other law, and except as provided in subdivision (d), a victim and up to two support persons of the victim’s choosing shall be entitled to be admitted, on the same basis as he or she may be admitted to trials in a court of criminal jurisdiction, to juvenile court hearings concerning petitions filed pursuant to Section 602 alleging the commission of any criminal offense, and shall be so notified by the probation officer in person or by registered mail, return receipt requested, together with a notice explaining all other rights and services available to the victim with respect to the case. (b) A victim or his or her support person may be excluded from a juvenile court hearing described in subdivision (a) only if each of the following criteria are met: (1) Any movant, including the minor defendant, who seeks to exclude the victim or his or her support person from a hearing demonstrates that there is a substantial probability that overriding interests will be prejudiced by the presence of the victim or his or her support person. (2) The court considers reasonable alternatives to exclusion of the victim or his or her support person from the hearing. (3) The exclusion of the victim or his or her support person from a hearing, or any limitation on his or her presence at a hearing, is narrowly tailored to serve the overriding interests identified by the movant. (4) Following a hearing at which any person who is to be excluded from a juvenile court hearing is afforded an opportunity to be heard, the court makes specific factual findings that support the exclusion of the victim or his or her support person from, or any limitation on his or her presence at, the juvenile court hearing. (c) As used in this section, “victim” means (1) the alleged victim of the offense and one person of his or her choosing or however many more the court may allow under the particular circumstances surrounding the proceeding, (2) in the event that the victim is unable to attend the proceeding, two persons designated by the victim or however many more the court may allow under the particular circumstances surrounding the proceeding, or (3) if the victim is no longer living, two members of the victim’s immediate family or however many more the court may allow under the particular circumstances surrounding the proceeding. (d) Nothing in this section shall prevent a court from excluding a victim or his or her support person from a hearing, pursuant to Section 777 of the Evidence Code, when the victim is subpoenaed as a witness. An order of exclusion shall be consistent with the objectives of paragraphs (1) to (4), inclusive, of subdivision (b) to allow the victim to be present, whenever possible, at all hearings. (Amended by Stats. 1999, Ch. 996, Sec. 19. Effective January 1, 2000.)
  93. 677.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 17. Wards—Hearings [675 - 714] ( Heading of Article 17 renumbered from Article 8 by Stats. 1976, Ch. 1068. )

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    In juvenile court hearings, the court reporter must take down the proceedings in shorthand, and may do so at referee hearings if directed by the court.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 17. Wards—Hearings [675 - 714] ( Heading of Article 17 renumbered from Article 8 by Stats. 1976, Ch. 1068. ) ## 677. At any juvenile court hearing conducted by a juvenile court judge, an official court reporter shall, and at any such hearing conducted by a juvenile court referee, the official reporter, as directed by the court, may take down in shorthand all the testimony and all of the statements and remarks of the judge and all persons appearing at the hearing; and, if directed by the judge, or requested by the person on whose behalf the petition was brought, or by his parent or legal guardian, or the attorneys of such persons, he must, within such reasonable time after the hearing of the petition as the court may designate, write out the same or such specific portions thereof as may be requested in plain and legible longhand or by typewriter or other printing machine and certify to the same as being correctly reported and transcribed, and when directed by the court, file the same with the clerk of the court. Unless otherwise directed by the judge, the costs of writing out and transcribing all or any portion of the reporter’s shorthand notes shall be paid in advance at the rates fixed for transcriptions in a civil action by the person requesting the same. (Repealed and added by Stats. 1961, Ch. 1616.)
  94. 6775.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 6. Counselors in Mental Health [6775 - 6779] ( Chapter 6 added by Stats. 1967, Ch. 1667. )

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    A county board of supervisors may create the office of counselor in mental health, and a superior court judge must nominate and appoint the counselors by written order entered in the court minutes.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 6. Counselors in Mental Health [6775 - 6779] ( Chapter 6 added by Stats. 1967, Ch. 1667. ) ## 6775. The office of counselor in mental health may be created in any county in this state by the board of supervisors thereof. The counselors in mental health to serve under the provisions of this chapter shall be nominated and appointed by the judge of the superior court by written order entered in the minutes of the court. (Added by Stats. 1967, Ch. 1667.)
  95. 6776.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 6. Counselors in Mental Health [6775 - 6779] ( Chapter 6 added by Stats. 1967, Ch. 1667. )

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    A superior court judge may appoint two mental health counselors in each county that has created the office. In Los Angeles County, their number, compensation, and benefits are controlled by a separate Government Code act.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 6. Counselors in Mental Health [6775 - 6779] ( Chapter 6 added by Stats. 1967, Ch. 1667. ) ## 6776. In each county where the office of counselor in mental health has been created under the provisions of this chapter, the judge of the superior court may appoint two such counselors. In Los Angeles County, the number, compensation, and benefits of counselors in mental health are governed by the Trial Court Employment Protection and Governance Act (Chapter 7 (commencing with Section 71600) of Title 8 of the Government Code). (Amended by Stats. 2002, Ch. 784, Sec. 620. Effective January 1, 2003.)
  96. 6777.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 6. Counselors in Mental Health [6775 - 6779] ( Chapter 6 added by Stats. 1967, Ch. 1667. )

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    Counselors in mental health serve at the court’s pleasure and may be removed by the court at any time. They must devote their full time and attention to their office.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 6. Counselors in Mental Health [6775 - 6779] ( Chapter 6 added by Stats. 1967, Ch. 1667. ) ## 6777. The term of office of the counselors in mental health shall be during the pleasure of the court, and they may at any time be removed by the court in its discretion. Such counselors shall devote their entire time and attention to the duties of their office. (Added by Stats. 1967, Ch. 1667.)
  97. 6778.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 6. Counselors in Mental Health [6775 - 6779] ( Chapter 6 added by Stats. 1967, Ch. 1667. )

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    A mental health counselor may do services designated by the county, and counselors, assistant counselors, and deputy counselors in mental health have peace officer powers.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 6. Counselors in Mental Health [6775 - 6779] ( Chapter 6 added by Stats. 1967, Ch. 1667. ) ## 6778. The counselor in mental health may perform such services as are designated by the county. Every counselor, assistant counselor, and deputy counselor in mental health shall have the powers of a peace officer. (Amended by Stats. 1968, Ch. 1374.)
  98. 6779.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 6. Counselors in Mental Health [6775 - 6779] ( Chapter 6 added by Stats. 1967, Ch. 1667. )

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    This section says certain references in the code or other statutes must be read as referring to the counselors in mental health created by this chapter, and references to probation of incompetent persons must be read as supervision of those persons.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 6. Counselors in Mental Health [6775 - 6779] ( Chapter 6 added by Stats. 1967, Ch. 1667. ) ## 6779. Wherever in this code or in any other statute reference is made to psychopathic probation officers, such reference shall be deemed to mean and refer to the counselors in mental health provided for in this chapter; and wherever in this code or in any other statute reference is made to probation of incompetent persons, such reference shall mean and refer to supervision of such persons. (Added by Stats. 1967, Ch. 1667.)
  99. 678.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 17. Wards—Hearings [675 - 714] ( Heading of Article 17 renumbered from Article 8 by Stats. 1976, Ch. 1068. )

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    Civil-procedure rules on variance and amending pleadings apply to petitions and proceedings under this chapter as if they were civil actions.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 17. Wards—Hearings [675 - 714] ( Heading of Article 17 renumbered from Article 8 by Stats. 1976, Ch. 1068. ) ## 678. The provisions of Chapter 8 (commencing with Section 469) of Title 6 of Part 2 of the Code of Civil Procedure relating to variance and amendment of pleadings in civil actions shall apply to petitions and proceedings under this chapter, to the same extent and with the same effect as if proceedings under this chapter were civil actions. (Repealed and added by Stats. 1961, Ch. 1616.)
  100. 679.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 17. Wards—Hearings [675 - 714] ( Heading of Article 17 renumbered from Article 8 by Stats. 1976, Ch. 1068. )

    Verify source ↗

    Certain minors in juvenile court hearings, and people entitled to notice under Section 658, may attend the hearing and have a right to counsel.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 17. Wards—Hearings [675 - 714] ( Heading of Article 17 renumbered from Article 8 by Stats. 1976, Ch. 1068. ) ## 679. A minor who is the subject of a juvenile court hearing and any person entitled to notice of the hearing under the provisions of Section 658, is entitled to be present at such hearing. Any such minor and any such person has the right to be represented at such hearing by counsel of his own choice or, if unable to afford counsel, has the right to be represented by counsel appointed by the court. (Amended by Stats. 1976, Ch. 1068.)
  101. 679.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 17. Wards—Hearings [675 - 714] ( Heading of Article 17 renumbered from Article 8 by Stats. 1976, Ch. 1068. )

    Verify source ↗

    This section allows juvenile justice proceedings to be held remotely, but gives minors a right to be physically present unless they waive that right or another listed exception applies.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 17. Wards—Hearings [675 - 714] ( Heading of Article 17 renumbered from Article 8 by Stats. 1976, Ch. 1068. ) ## 679.5. (a) A juvenile justice proceeding may be conducted in whole or in part through the use of remote technology, subject to the provisions of this section. (b) As used in this section, the following definitions apply: (1) “Juvenile justice proceeding” means a conference, hearing, or proceeding pursuant to Section 601 or 602. (2) “Minor” means a person subject to a petition pursuant to Section 601 or 602. (3) “Remote proceeding” means a juvenile justice proceeding conducted in whole or in part through the use of remote technology. (4) “Remote technology” means technology that provides for the two-way transmission of video and audio signals except that audio signals alone may be permitted where specifically authorized by subdivision (k) of Section 224.2. Remote technology shall include, but not be limited to, a computer, tablet, telephone, cellular telephone, or other electronic or communications device. Notwithstanding the foregoing, and subject to subdivision (i), a minor, minor’s family member or guardian, at the individual’s request, may participate through audio only technology. (c) Except as provided in subdivisions (d), (e), and (f), a minor has the right to be physically present in any juvenile justice proceeding and has the right, subject to express waiver, to the physical presence of defense counsel, any prosecution witnesses whom the prosecution calls to testify, and the judicial officer. (d) A minor, in consultation with counsel, may waive their right to be physically present and may elect to appear remotely. The court shall take the waiver on the record, but the waiver may be taken remotely. If the minor waives their right to be physically present, the minor, in consultation with counsel, also may waive their right to physical presence of persons identified in subdivision (c). (e) If the minor is physically present in court, defense counsel shall be physically present absent exceptional circumstances and subject to the express waiver of the minor. If a minor waives their right to be physically present and appears remotely, defense counsel may also appear remotely. (f) A minor’s parent or guardian may appear through remote technology, subject to the court’s authority to require the person to be physically present, in accordance, and consistent, with subdivision (i). (g) A minor retains the same constitutional rights as a criminal defendant to confront and cross-examine witnesses. (h) The court shall not require any party or witness to appear through the use of remote technology. (i) (1) If any of the following conditions are present and cannot be resolved, the court shall not permit any party, counsel, or witness to appear or participate in a juvenile justice proceeding through the use of remote technology, and shall continue any juvenile justice proceeding being conducted with remote technology: (A) The court does not have the technology necessary to conduct the juvenile justice proceeding remotely. (B) Although the court has the requisite technology, the quality of the technology or audibility prevents the effective management or resolution of the juvenile justice proceeding. (C) The quality of the technology or audibility at a juvenile justice proceeding inhibits the court reporter’s ability to accurately prepare and certify a transcript of the juvenile justice proceeding. (D) The court reporter is unable to capture the verbatim record and certify a transcript of any proceeding that is conducted remotely, in whole or in part, to the same extent and in the same manner as if it were not conducted remotely. (E) The quality of the technology or audibility at a juvenile justice proceeding prevents an attorney from being able to provide effective representation to the attorney’s client. (F) The quality of the technology or audibility at a juvenile justice proceeding inhibits a court interpreter’s ability to provide language access to a court user or authorized individual. (2) Except as otherwise provided by law, the court may require a party or witness to appear in person if the court determines on a hearing-by-hearing basis that an inperson appearance would materially assist in the determination of the proceeding or the resolution of the case. The court’s determination shall be based on the individual case before the court and the basis for the determination shall be stated on the record. In making its determination, the court shall consider the request of the minor, the nature of the proceedings, and whether requiring the physical presence of the minor would disrupt the education, employment, treatment, or case plan of the minor or would otherwise result in a significant hardship to the minor or the minor’s family. (j) If, at any time during a remote proceeding, the court determines that an inperson appearance is necessary, the court may require such an appearance and continue the matter for only a period of time that is necessary to ensure the party or witness is physically present, considering the factors specified in subdivision (i). The court shall only continue the matter for such period of time as is necessary to ensure the matter can be heard in person. The court shall not continue proceedings beyond statutory time limits pursuant to this section absent a waiver by the minor in consultation with counsel. (k) (1) Until July 1, 2024, when the court conducts proceedings that will be reported by an official reporter or official reporter pro tempore, the reporter shall be physically present in the same room as the judicial officer except where the court finds that, as the result of unusual circumstances, this requirement would place extreme or undue hardship on the court or the litigants. For purposes of this paragraph, “unusual circumstances” means a work stoppage, a circumstance described in paragraph (a) of Section 68115 of the Government Code, an unforeseen emergency, court proceedings conducted in a remote court location to which a judicial officer is not regularly assigned to sit, or when a judicial officer has to travel to a location outside a courthouse to conduct the proceeding. (2) Beginning July 1, 2024, when the court conducts proceedings that will be reported by an official reporter or official reporter pro tempore, the reporter shall be physically present in the same room as the judicial officer if the court cannot provide the technology standards described in subdivision (n). (l) The court may develop local procedures or protocols that benefit minors and families, while ensuring that the constitutional and statutory rights of the minor are protected in remote proceedings, and that a party is not prejudiced by lack of access to, or ability to effectively use, remote technology in any juvenile justice proceeding. (m) When conducting remote proceedings, the court shall, at a minimum, do all of the following: (1) Ensure that any party appearing remotely can participate in the proceeding in real time, with no delay in aural or visual transmission or reception. (2) Ensure that the statements of participants are audible to all other participants and court staff and that the statements made by a participant are identifiable as being made by that participant. (3) Ensure that any juvenile justice proceeding that is conducted remotely, in whole or in part, is reported to the same extent and in the same manner as if it were not conducted remotely. (4) Ensure that the quality of the technology or audibility at a remote proceeding does not prevent an attorney from being able to provide effective representation to the attorney’s client. (5) Ensure that a minor appearing remotely is able to communicate confidentially with their attorney during the remote proceeding and provide timely notice to all parties of the steps necessary to secure confidential communication. A request for a confidential attorney-client communication during the remote proceeding shall be granted by the court to ensure effective representation of the minor under the California and the United States Constitutions. (6) Ensure that the quality of the technology or audibility at a remote proceeding does not inhibit the court reporter’s ability to accurately prepare and certify a transcript of the remote proceeding. (7) Ensure that the quality of the technology or audibility at a remote proceeding does not inhibit a court interpreter’s ability to provide language access to a minor, a parent, or other individual ordered by the court to have access to court interpreter services. (8) Ensure there is a process, before the court with jurisdiction over the case proceeds with a remote proceeding, for a party, witness, official reporter, official reporter pro tempore, court interpreter, or other court personnel to alert the judicial officer of technology or audibility issues that arise during the remote proceeding. (9) Ensure that the juvenile justice proceedings remain confidential, as required by law. (10) Permit a party to appear in person for a juvenile justice proceeding at the time and place for which the proceeding was noticed, even if that party had previously notified the court of an intent to appear remotely. (11) Publish information online providing the instructions necessary for participants to appear remotely. (n) By April 1, 2024, the Judicial Council shall adopt, and trial courts shall implement by July 1, 2024, minimum standards for the courtroom technology necessary to permit remote participation in juvenile justice proceedings. Such standards shall include, but not be limited to, hard-wired or other reliable high-speed internet connections in the courtroom for the judicial officer and court reporter, and monitors, dedicated cameras, speakers, and microphones so the judicial officer, court reporter, and court interpreter can appropriately see and hear remote participants, as well as to ensure that remote participants can appropriately see and hear the judicial officer and other courtroom participants. (o) Consistent with federal and California labor law, a trial court shall not retaliate or threaten to retaliate against an official reporter or official reporter pro tempore who notifies the judicial officer that technology or audibility issues are impeding the creation of the verbatim record of a proceeding conducted pursuant to this section that includes participation through remote technology. This subdivision shall only apply to an official reporter and official reporter pro tempore when they meet the definition of “trial court employee” under subdivision (l) of Section 71601 of the Government Code. (p) This section shall remain in effect only until January 1, 2032, and as of that date is repealed. (Amended by Stats. 2026, Ch. 29, Sec. 11. (SB 174) Effective June 29, 2026. Repealed as of January 1, 2032, by its own provisions.)
  102. 680.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 17. Wards—Hearings [675 - 714] ( Heading of Article 17 renumbered from Article 8 by Stats. 1976, Ch. 1068. )

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    The juvenile court judge must control the hearing proceedings to help determine the facts and the person’s current condition and future welfare.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 17. Wards—Hearings [675 - 714] ( Heading of Article 17 renumbered from Article 8 by Stats. 1976, Ch. 1068. ) ## 680. The judge of the juvenile court shall control all proceedings during the hearings with a view to the expeditious and effective ascertainment of the jurisdictional facts and the ascertainment of all information relative to the present condition and future welfare of the person upon whose behalf the petition is brought. Except where there is a contested issue of fact or law, the proceedings shall be conducted in an informal nonadversary atmosphere with a view to obtaining the maximum co-operation of the minor upon whose behalf the petition is brought and all persons interested in his welfare with such provisions as the court may make for the disposition and care of such minor. (Repealed and added by Stats. 1961, Ch. 1616.)
  103. 6800.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 7. Duties of Peace Officers [6800- 6800.] ( Chapter 7 added by Stats. 1967, Ch. 1667. )

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    Peace officers and similar officials must help committed poor persons get relief, transfer them to state hospitals when ordered by a superior court judge, and make sure they are clean and properly clothed before transport.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 7. Duties of Peace Officers [6800- 6800.] ( Chapter 7 added by Stats. 1967, Ch. 1667. ) ## 6800. All peace officers and other persons having similar duties relating to judicially committed poor persons shall see that all poor and indigent committed persons within their respective municipalities are speedily granted the relief conferred by this part. When so ordered by a superior court judge, they shall see that such committed persons are, without unnecessary delay, transferred to the proper state hospitals provided for their care and treatment. Before sending a person to any such hospital, they shall see that he is in a state of bodily cleanliness and comfortably clothed with clean clothes. The department may by order direct that any person whom it deems unsuitable therefor shall not be employed as an attendant for any committed person. After the patient has been delivered to the proper officers of the hospital, the care and custody of the county or municipality from which he is sent ceases. (Amended by Stats. 1968, Ch. 1374.)
  104. 681.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 17. Wards—Hearings [675 - 714] ( Heading of Article 17 renumbered from Article 8 by Stats. 1976, Ch. 1068. )

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    This section requires or allows the prosecuting attorney to appear in certain juvenile court hearings, depending on the petition type and the judge’s consent or request.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 17. Wards—Hearings [675 - 714] ( Heading of Article 17 renumbered from Article 8 by Stats. 1976, Ch. 1068. ) ## 681. (a) In a juvenile court hearing which is based upon a petition that alleges that the minor upon whose behalf the petition is being brought is a person within the description of Section 602, the prosecuting attorney shall appear on behalf of the people of the State of California. (b) In a juvenile court hearing which is based upon a petition that alleges that the minor upon whose behalf the petition is being brought is a person within the description of Section 601 and the minor who is the subject of the hearing is represented by counsel, the prosecuting attorney may, with the consent or at the request of the juvenile court judge, or at the request of the probation officer with the consent of the juvenile court judge, appear and participate in the hearing to assist in the ascertaining and presenting of the evidence. Where the petition in a juvenile court proceeding alleges that a minor is a person described in subdivision (a), (b), or (d) of Section 300, and either of the parents, or the guardian, or other person having care or custody of the minor, or who resides in the home of the minor, is charged in a pending criminal prosecution based upon unlawful acts committed against the minor, the prosecuting attorney shall, with the consent or at the request of the juvenile court judge, represent the minor in the interest of the state at the juvenile court proceeding. The terms and conditions of such representation shall be with the consent or approval of the judge of the juvenile court. (Amended by Stats. 1978, Ch. 380.)
  105. 681.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 17. Wards—Hearings [675 - 714] ( Heading of Article 17 renumbered from Article 8 by Stats. 1976, Ch. 1068. )

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    A prosecuting attorney who has appeared for the people in a juvenile court hearing based on a Section 602 petition cannot represent the minor, and neither can another attorney from that prosecutor’s office, in a later Section 300 juvenile court proceeding.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 17. Wards—Hearings [675 - 714] ( Heading of Article 17 renumbered from Article 8 by Stats. 1976, Ch. 1068. ) ## 681.5. If a prosecuting attorney has appeared on behalf of the people of the State of California in any juvenile court hearing which is based upon a petition that alleges that a minor is a person within the description of Section 602, neither that prosecuting attorney nor any attorney from the office of that prosecuting attorney shall represent the minor in a juvenile court proceeding alleging that a minor is a person described in Section 300. (Added by renumbering Section 618.5 by Stats. 2009, Ch. 140, Sec. 188. (AB 1164) Effective January 1, 2010.)
  106. 682.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 17. Wards—Hearings [675 - 714] ( Heading of Article 17 renumbered from Article 8 by Stats. 1976, Ch. 1068. )

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    This section sets rules for continuing juvenile court hearings, including notice, good-cause showings, and when the court must deny or grant a continuance.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 17. Wards—Hearings [675 - 714] ( Heading of Article 17 renumbered from Article 8 by Stats. 1976, Ch. 1068. ) ## 682. (a) To continue any hearing relating to proceedings pursuant to Section 601 or 602, regardless of the custody status of the minor, beyond the time limit within which the hearing is otherwise required to be heard, a written notice shall be filed and served on all parties to the proceeding at least two court days before the hearing sought to be continued, together with affidavits or declarations detailing specific facts showing good cause for the continuance. (b) A continuance shall be granted only upon a showing of good cause and only for that period of time shown to be necessary by the moving party at the hearing on the motion. Neither stipulation of the parties nor convenience of the parties is, in and of itself, good cause. Whenever any continuance is granted, the facts which require the continuance shall be entered into the minutes. (c) Notwithstanding subdivision (a), a party may make a motion for a continuance without complying with the requirements of that subdivision. However, unless the moving party shows good cause for failure to comply with those requirements, the court shall deny the motion. (d) In any case in which the minor is represented by counsel and no objection is made to an order continuing any such hearing beyond the time limit within which the hearing is otherwise required to be held, the absence of such an objection shall be deemed a consent to the continuance. (e) When any hearing is continued pursuant to this section, the hearing shall commence on the date to which it was continued or within seven days thereafter whenever the court is satisfied that good cause exists and the moving party will be prepared to proceed within that time. (Amended by Stats. 1992, Ch. 126, Sec. 1. Effective July 7, 1992.)
  107. 6825.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 8. Mentally Disordered Persons Charged With Crime [6825- 6825.] ( Chapter 8 added by Stats. 1967, Ch. 1667. )

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    This section says the procedures for handling people with mental health disorders who are charged with public offenses are found in specified Penal Code provisions.

    ## Welfare and Institutions Code - WIC ## DIVISION 6. ADMISSIONS AND JUDICIAL COMMITMENTS [6000 - 6825] ( Division 6 repealed and added by Stats. 1967, Ch. 1667. ) ## PART 2. JUDICIAL COMMITMENTS [6250 - 6825] ( Part 2 added by Stats. 1967, Ch. 1667. ) ## CHAPTER 8. Mentally Disordered Persons Charged With Crime [6825- 6825.] ( Chapter 8 added by Stats. 1967, Ch. 1667. ) ## 6825. The procedures for handling persons with mental health disorders who are charged with the commission of public offenses are provided for in Section 1026 of the Penal Code and in Chapter 6 (commencing with Section 1365), Title 10, Part 2 of the Penal Code. (Amended by Stats. 2014, Ch. 144, Sec. 112. (AB 1847) Effective January 1, 2015.)
  108. 7.

    ## Welfare and Institutions Code - WIC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 369. )

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    A deputy or other person legally authorized by the officer may exercise the officer’s powers or perform the officer’s duties, unless the code expressly says otherwise.

    ## Welfare and Institutions Code - WIC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 369. ) ## 7. Whenever, by the provisions of this code, a power is granted to a public officer or a duty imposed upon such an officer, the power may be exercised or the duty performed by a deputy of the officer or by a person authorized pursuant to law by the officer, unless it is expressly otherwise provided. (Enacted by Stats. 1937, Ch. 369.)
  109. 700.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 17. Wards—Hearings [675 - 714] ( Heading of Article 17 renumbered from Article 8 by Stats. 1976, Ch. 1068. )

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    At the start of a juvenile hearing, the judge or clerk must read the petition, and the judge must explain the hearing and counsel rights, warn about possible liability for restitution and fines, appoint counsel in required cases, and continue the hearing when needed.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 17. Wards—Hearings [675 - 714] ( Heading of Article 17 renumbered from Article 8 by Stats. 1976, Ch. 1068. ) ## 700. At the beginning of the hearing on a petition filed pursuant to Article 16 (commencing with Section 650) of this chapter, the judge or clerk shall first read the petition to those present and upon request of the minor upon whose behalf the petition has been brought or upon the request of any parent, relative or guardian, the judge shall explain any term of allegation contained therein and the nature of the hearing, its procedures, and possible consequences. The judge shall advise those present that if the petition or petitions are sustained and the minor is ordered to make restitution to the victim, or to pay fines or penalty assessments, the parent or guardian may be liable for the payment of restitution, fines, or penalty assessments. The judge shall ascertain whether the minor and his or her parent or guardian or adult relative, as the case may be, has been informed of the right of the minor to be represented by counsel, and if not, the judge shall advise the minor and that person, if present, of the right to have counsel present and where applicable, of the right to appointed counsel. The court shall appoint counsel to represent the minor if he or she appears at the hearing without counsel, whether he or she is unable to afford counsel or not, unless there is an intelligent waiver of the right of counsel by the minor. The court shall continue the hearing for not to exceed seven days, as necessary to make an appointment of counsel, or to enable counsel to acquaint himself or herself with the case, and shall continue the hearing as necessary to provide reasonable opportunity for the minor and the parent or guardian or adult relative to prepare for the hearing. (Amended by Stats. 2017, Ch. 678, Sec. 13. (SB 190) Effective January 1, 2018.)
  110. 700.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 17. Wards—Hearings [675 - 714] ( Heading of Article 17 renumbered from Article 8 by Stats. 1976, Ch. 1068. )

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    Courts must hear motions to suppress evidence from unlawful search or seizure before jeopardy attaches, and the hearing must be at least five judicial days after notice to the people unless that time is waived.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 17. Wards—Hearings [675 - 714] ( Heading of Article 17 renumbered from Article 8 by Stats. 1976, Ch. 1068. ) ## 700.1. Any motion to suppress as evidence any tangible or intangible thing obtained as a result of an unlawful search or seizure shall be heard prior to the attachment of jeopardy and shall be heard at least five judicial days after receipt of notice by the people unless the people are willing to waive a portion of this time. If the court grants a motion to suppress prior to the attachment of jeopardy over the objection of the people, the court shall enter a judgment of dismissal as to all counts of the petition except those counts on which the prosecuting attorney elects to proceed pursuant to Section 701. If, prior to the attachment of jeopardy, opportunity for this motion did not exist or the person alleged to come within the provisions of the juvenile court law was not aware of the grounds for the motion, that person shall have the right to make this motion during the course of the proceeding under Section 701. (Added by Stats. 1980, Ch. 1095, Sec. 2.)
  111. 700.2.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 17. Wards—Hearings [675 - 714] ( Heading of Article 17 renumbered from Article 8 by Stats. 1976, Ch. 1068. )

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    When a minor appears before juvenile court on this complaint type, the court must tell the parent, guardian, or other person in charge about the rights to an open hearing and to a hearing before a different judge.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 17. Wards—Hearings [675 - 714] ( Heading of Article 17 renumbered from Article 8 by Stats. 1976, Ch. 1068. ) ## 700.2. Upon his or her appearance before the juvenile court on a complaint charging violation of Section 48293 of the Education Code, the juvenile court shall inform the parent, guardian, or other person having control or charge of the minor of the right to an open hearing and of the right to have a hearing on the complaint before a judge different than the judge who has heard or is to hear the proceeding pursuant to Section 601. The provisions of Section 170.6 of the Code of Civil Procedure shall be explained to the parent, guardian, or other person having control or charge of the minor. (Added by Stats. 1985, Ch. 120, Sec. 6.)
  112. 700.3.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 17. Wards—Hearings [675 - 714] ( Heading of Article 17 renumbered from Article 8 by Stats. 1976, Ch. 1068. )

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    In certain juvenile court cases, the court may decide that an offense is a misdemeanor instead of a felony.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 17. Wards—Hearings [675 - 714] ( Heading of Article 17 renumbered from Article 8 by Stats. 1976, Ch. 1068. ) ## 700.3. If a petition filed in the juvenile court alleging that a minor comes within the provisions of Section 602 alleges that a minor has committed an offense that would, in the case of an adult, be punishable alternatively as a felony or a misdemeanor, the court, subject to a hearing, at any stage of a proceeding under Section 602, may determine that the offense is a misdemeanor, in which event the case shall proceed as if the minor had been brought before the court on a misdemeanor petition. (Added by Stats. 2022, Ch. 197, Sec. 37. (SB 1493) Effective January 1, 2023.)
  113. 701.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 17. Wards—Hearings [675 - 714] ( Heading of Article 17 renumbered from Article 8 by Stats. 1976, Ch. 1068. )

    Verify source ↗

    At the hearing, the court must first decide only whether the minor falls within Sections 300, 601, or 602, and evidence must follow the Evidence Code and judicial decisions.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 17. Wards—Hearings [675 - 714] ( Heading of Article 17 renumbered from Article 8 by Stats. 1976, Ch. 1068. ) ## 701. At the hearing, the court shall first consider only the question whether the minor is a person described by Section 300, 601, or 602. The admission and exclusion of evidence shall be pursuant to the rules of evidence established by the Evidence Code and by judicial decision. Proof beyond a reasonable doubt supported by evidence, legally admissible in the trial of criminal cases, must be adduced to support a finding that the minor is a person described by Section 602, and a preponderance of evidence, legally admissible in the trial of civil cases must be adduced to support a finding that the minor is a person described by Section 300 or 601. When it appears that the minor has made an extrajudicial admission or confession and denies the same at the hearing, the court may continue the hearing for not to exceed seven days to enable the prosecuting attorney to subpoena witnesses to attend the hearing to prove the allegations of the petition. If the minor is not represented by counsel at the hearing, it shall be deemed that objections that could have been made to the evidence were made. (Amended by Stats. 1977, Ch. 579.)
  114. 701.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 17. Wards—Hearings [675 - 714] ( Heading of Article 17 renumbered from Article 8 by Stats. 1976, Ch. 1068. )

    Verify source ↗

    At the hearing, the court must dismiss the petition and discharge the minor if the court finds the minor is not described by Section 601 or 602.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 17. Wards—Hearings [675 - 714] ( Heading of Article 17 renumbered from Article 8 by Stats. 1976, Ch. 1068. ) ## 701.1. At the hearing, the court, on motion of the minor or on its own motion, shall order that the petition be dismissed and that the minor be discharged from any detention or restriction therefore ordered, after the presentation of evidence on behalf of the petitioner has been closed, if the court, upon weighing the evidence then before it, finds that the minor is not a person described by Section 601 or 602. If such a motion at the close of evidence offered by the petitioner is not granted, the minor may offer evidence without first having reserved that right. (Added by Stats. 1980, Ch. 266, Sec. 2.)
  115. 702.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 17. Wards—Hearings [675 - 714] ( Heading of Article 17 renumbered from Article 8 by Stats. 1976, Ch. 1068. )

    Verify source ↗

    After hearing evidence, the court must decide whether the minor is described by specified sections and then take the required next steps, including dismissal, further hearings, continuances, detention or release orders, and labeling certain offenses as misdemeanors or felonies.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 17. Wards—Hearings [675 - 714] ( Heading of Article 17 renumbered from Article 8 by Stats. 1976, Ch. 1068. ) ## 702. After hearing the evidence, the court shall make a finding, noted in the minutes of the court, whether or not the minor is a person described by Section 300, 601, or 602. If it finds that the minor is not such a person, it shall order that the petition be dismissed and the minor be discharged from any detention or restriction theretofore ordered. If the court finds that the minor is such a person, it shall make and enter its findings and order accordingly, and shall then proceed to hear evidence on the question of the proper disposition to be made of the minor. Prior to doing so, it may continue the hearing, if necessary, to receive the social study of the probation officer, to refer the minor to a juvenile justice community resource program as defined in Article 5.2 (commencing with Section 1784) of Chapter 1 of Division 2.5, or to receive other evidence on its own motion or the motion of a parent or guardian for not to exceed 10 judicial days if the minor is detained during the continuance. If the minor is not detained, it may continue the hearing to a date not later than 30 days after the date of filing of the petition. The court may, for good cause shown continue the hearing for an additional 15 days, if the minor is not detained. The court may make such order for detention of the minor or his or her release from detention, during the period of the continuance, as is appropriate. If the minor is found to have committed an offense which would in the case of an adult be punishable alternatively as a felony or a misdemeanor, the court shall declare the offense to be a misdemeanor or felony. (Amended by Stats. 1984, Ch. 1752, Sec. 1.)
  116. 702.3.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 17. Wards—Hearings [675 - 714] ( Heading of Article 17 renumbered from Article 8 by Stats. 1976, Ch. 1068. )

    Verify source ↗

    This section sets the hearing and commitment procedure when a minor raises insanity in a juvenile petition case.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 17. Wards—Hearings [675 - 714] ( Heading of Article 17 renumbered from Article 8 by Stats. 1976, Ch. 1068. ) ## 702.3. Notwithstanding any other provision of law: (a) When a minor denies, by a plea of not guilty by reason of insanity, the allegations of a petition filed pursuant to Section 602 of the Welfare and Institutions Code, and also joins with that denial a general denial of the conduct alleged in the petition, he or she shall first be subject to a hearing as if he or she had made no allegation of insanity. If the petition is sustained or if the minor denies the allegations only by reason of insanity, then a hearing shall be held on the question of whether the minor was insane at the time the offense was committed. (b) If the court finds that the minor was insane at the time the offense was committed, the court, unless it appears to the court that the minor has fully recovered his or her sanity, shall direct that the minor be confined in a state hospital for the care and treatment of the mentally disordered or any other appropriate public or private mental health facility approved by the community program director, or the court may order the minor to undergo outpatient treatment as specified in Title 15 (commencing with Section 1600) of Part 2 of the Penal Code. The court shall transmit a copy of its order to the community program director or his or her designee. If the allegations of the petition specifying any felony are found to be true, the court shall direct that the minor be confined in a state hospital or other public or private mental health facility approved by the community program director for a minimum of 180 days, before the minor may be released on outpatient treatment. Prior to making the order directing that the minor be confined in a state hospital or other facility or ordered to undergo outpatient treatment, the court shall order the community program director or his or her designee to evaluate the minor and to submit to the court within 15 judicial days of the order his or her written recommendation as to whether the minor should be required to undergo outpatient treatment or committed to a state hospital or another mental health facility. If, however, it shall appear to the court that the minor has fully recovered his or her sanity the minor shall be remanded to the custody of the probation department until his or her sanity shall have been finally determined in the manner prescribed by law. A minor committed to a state hospital or other facility or ordered to undergo outpatient treatment shall not be released from confinement or the required outpatient treatment unless and until the court which committed him or her shall, after notice and hearing, in the manner provided in Section 1026.2 of the Penal Code, find and determine that his or her sanity has been restored. (c) When the court, after considering the placement recommendation for the community program director required in subdivision (b), orders that the minor be confined in a state hospital or other public or private mental health facility, the court shall provide copies of the following documents which shall be taken with the minor to the state hospital or other treatment facility where the minor is to be confined: (1) The commitment order, including a specification of the charges. (2) The computation or statement setting forth the maximum time of commitment in accordance with Section 1026.5 and subdivision (e). (3) A computation or statement setting forth the amount of credit, if any, to be deducted from the maximum term of commitment. (4) State Summary Criminal History information. (5) Any arrest or detention reports prepared by the police department or other law enforcement agency. (6) Any court-ordered psychiatric examination or evaluation reports. (7) The community program director’s placement recommendation report. (d) The procedures set forth in Sections 1026, 1026.1, 1026.2, 1026.3, 1026.4, 1026.5, and 1027 of the Penal Code, and in Title 15 (commencing with Section 1600) of Part 2 of the Penal Code, shall be applicable to minors pursuant to this section, except that, in cases involving minors, the probation department rather than the sheriff, shall have jurisdiction over the minor. (e) No minor may be committed pursuant to this section for a period longer than the jurisdictional limits of the juvenile court, pursuant to Section 607, unless, at the conclusion of the commitment, by reason of a mental disease, defect, or disorder, he or she represents a substantial danger of physical harm to others, in which case the commitment for care and treatment beyond the jurisdictional age may be extended by proceedings in superior court in accordance with and under the circumstances specified in subdivision (b) of Section 1026.5 of the Penal Code. (f) The provision of a jury trial in superior court on the issue of extension of commitment shall not be construed to authorize the determination of any issue in juvenile court proceedings to be made by a jury. (Amended by Stats. 1989, Ch. 625, Sec. 3.)
  117. 702.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 17. Wards—Hearings [675 - 714] ( Heading of Article 17 renumbered from Article 8 by Stats. 1976, Ch. 1068. )

    Verify source ↗

    In certain juvenile court hearings, the minor has a privilege against self-incrimination and a right to confront and cross-examine witnesses.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 17. Wards—Hearings [675 - 714] ( Heading of Article 17 renumbered from Article 8 by Stats. 1976, Ch. 1068. ) ## 702.5. In any hearing conducted pursuant to Section 701 or 702 to determine whether a minor is a person described in Section 601 or 602, the minor has a privilege against self-incrimination and has a right to confrontation by, and cross-examination of, witnesses. (Added by Stats. 1967, Ch. 1355.)
  118. 705.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 17. Wards—Hearings [675 - 714] ( Heading of Article 17 renumbered from Article 8 by Stats. 1976, Ch. 1068. )

    Verify source ↗

    If, during a petition hearing, the court thinks the minor may be mentally disordered or is unsure about the minor’s mental health, it may proceed under the cited code sections.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 17. Wards—Hearings [675 - 714] ( Heading of Article 17 renumbered from Article 8 by Stats. 1976, Ch. 1068. ) ## 705. Whenever the court, before or during the hearing on the petition, is of the opinion that the minor is mentally disordered or if the court is in doubt concerning the mental health of any such person, the court may proceed as provided in Section 6550 of this code or Section 4011.6 of the Penal Code. (Amended by Stats. 1976, Ch. 445.)
  119. 706.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 17. Wards—Hearings [675 - 714] ( Heading of Article 17 renumbered from Article 8 by Stats. 1976, Ch. 1068. )

    Verify source ↗

    If a minor is found to fall under Section 601 or 602, the court must hear evidence, accept specified evidence, and say in its disposition order that the probation social study was read and considered.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 17. Wards—Hearings [675 - 714] ( Heading of Article 17 renumbered from Article 8 by Stats. 1976, Ch. 1068. ) ## 706. After finding that a minor is a person described in Section 601 or 602, the court shall hear evidence on the question of the proper disposition to be made of the minor. The court shall receive in evidence the social study of the minor made by the probation officer and any other relevant and material evidence that may be offered, including any written or oral statement offered by the victim, the parent or guardian of the victim if the victim is a minor, or if the victim has died or is incapacitated, the victim’s next of kin, as authorized by subdivision (b) of Section 656.2. In addition, if the probation officer has recommended that the minor be transferred to the Department of Corrections and Rehabilitation, Division of Juvenile Justice pursuant to an adjudication for an offense requiring him or her to register as a sex offender pursuant to Section 290.008 of the Penal Code, the SARATSO selected pursuant to subdivision (d) of Section 290.04 of the Penal Code shall be used to assess the minor, and the court shall receive that risk assessment score into evidence. In any judgment and order of disposition, the court shall state that the social study made by the probation officer has been read and that the social study and any statement has been considered by the court. (Amended by Stats. 2009, Ch. 582, Sec. 6. (SB 325) Effective January 1, 2010.)
  120. 706.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 17. Wards—Hearings [675 - 714] ( Heading of Article 17 renumbered from Article 8 by Stats. 1976, Ch. 1068. )

    Verify source ↗

    This section requires probation and the court to include and order case plans and related information in juvenile foster care social studies and reviews.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 17. Wards—Hearings [675 - 714] ( Heading of Article 17 renumbered from Article 8 by Stats. 1976, Ch. 1068. ) ## 706.5. (a) If placement in foster care is recommended by the probation officer, or where the minor is already in foster care placement or pending placement pursuant to an earlier order, the social study prepared by the probation officer that is received into evidence at disposition pursuant to Section 706 shall include a case plan, as described in Section 706.6. If the court elects to hold the first status review at the disposition hearing, the social study shall also include, but not be limited to, the factual material described in subdivision (c). (b) If placement in foster care is not recommended by the probation officer prior to disposition, but the court orders foster care placement, the court shall order the probation officer to prepare a case plan, as described in Section 706.6, within 30 days of the placement order. The case plan shall be filed with the court. (c) At each status review hearing, the social study shall include, but not be limited to, an updated case plan as described in Section 706.6 and the following information: (1) (A) The continuing necessity for and appropriateness of the placement. (B) On and after October 1, 2021, for the minor or nonminor dependent whose placement in a short-term residential therapeutic program has been reviewed and approved, and, on and after July 1, 2022, for the minor or nonminor dependent whose placement in a community treatment facility has been reviewed and approved, pursuant to Section 727.12, the social study shall include evidence of each of the following: (i) Ongoing assessment of the strengths and needs of the minor or nonminor dependent continues to support the determination that the needs of the minor or nonminor dependent cannot be met by family members or in another family-based setting, placement in a short-term residential therapeutic program or community treatment facility, as applicable, continues to provide the most effective and appropriate level of care in the least restrictive environment, and the placement is consistent with the short- and long-term mental and behavioral health goals and permanency plan for the minor or nonminor dependent. (ii) Documentation of the minor or nonminor dependent’s specific treatment or service needs that will be met in the placement, and the length of time the minor or nonminor dependent is expected to need the treatment or services. For a Medi-Cal beneficiary, the determination of services and expected length of time for those services funded by Medi-Cal shall be based upon medical necessity and on all other state and federal Medi-Cal requirements, and shall be reflected in the documentation. (iii) Documentation of the intensive and ongoing efforts made by the probation department, consistent with the minor or nonminor dependent’s permanency plan, to prepare the minor or nonminor dependent to return home or to be placed with a fit and willing relative, a legal guardian, an adoptive parent, in a resource family home, tribally approved home, or in another appropriate family-based setting, or, in the case of a nonminor dependent, in a supervised independent living setting. (2) The extent of the probation department’s compliance with the case plan in making reasonable efforts to safely return the minor to the minor’s home or to complete whatever steps are necessary to finalize the permanent placement of the minor. (3) The extent of progress that has been made by the minor and parent or guardian toward alleviating or mitigating the causes necessitating placement in foster care. (4) If the first permanency planning hearing has not yet occurred, the social study shall include the likely date by which the minor may be returned to and safely maintained in the home or placed for adoption, appointed a legal guardian, permanently placed with a fit and willing relative, or referred to another planned permanent living arrangement. (5) Whether the minor has been or will be referred to educational services and what services the minor is receiving, including special education and related services if the minor has exceptional needs as described in Part 30 (commencing with Section 56000) of Division 4 of Title 2 of the Education Code or accommodations if the child has disabilities as described in Chapter 16 (commencing with Section 701) of Title 29 of the United States Code Annotated. The probation officer or child advocate shall solicit comments from the appropriate local education agency prior to completion of the social study. (6) If the parent or guardian is unwilling or unable to participate in making an educational or developmental services decision for their child, or if other circumstances exist that compromise the ability of the parent or guardian to make educational or developmental services decisions for the child, the probation department shall consider whether the right of the parent or guardian to make educational or developmental services decisions for the minor should be limited. If the study makes that recommendation, it shall identify whether there is a responsible adult available to make educational or developmental services decisions for the minor pursuant to Section 726. (7) When the minor is 16 years of age or older and in another planned permanent living arrangement, the social study shall include a description of all of the following: (A) The intensive and ongoing efforts to return the minor to the home of the parent, place the minor for adoption, or establish a legal guardianship, as appropriate. (B) The steps taken to do both of the following: (i) Ensure that the minor’s care provider is following the reasonable and prudent parent standard. (ii) Determine whether the minor has regular, ongoing opportunities to engage in age or developmentally appropriate activities, including consulting with the minor about opportunities for the minor to participate in the activities. (8) When the minor is under 16 years of age and has a permanent plan of return home, adoption, legal guardianship, or placement with a fit and willing relative, the social study shall include a description of any barriers to achieving the permanent plan and the efforts made by the agency to address those barriers. (9) (A) For a child who is 10 years of age or older and has been declared a ward of the juvenile court pursuant to Section 601 or 602 for a year or longer, the information in subparagraph (B) of paragraph (1) of subdivision (h) of Section 366.1. (B) For a child who is 10 years of age or older, whether the probation officer has informed the minor or nonminor dependent of the information in paragraph (2) of subdivision (h) of Section 366.1. (C) This paragraph does not affect any applicable confidentiality law. (10) For a child who is 16 years of age or older or for a nonminor dependent, whether the probation officer has, pursuant to the requirements of paragraph (22) of subdivision (g) of Section 16501.1, identified the person or persons who shall be responsible for assisting the child or nonminor dependent with applications for postsecondary education and related financial aid, or that the child or nonminor dependent stated that they do not want to pursue postsecondary education, including career or technical education. (11) A copy of each child and family team action plan, as required by subparagraph (B) of paragraph (5) of subdivision (a) of Section 16501, that is completed on or after January 1, 2026, and was not previously provided to the court. (d) At each permanency planning hearing, the social study shall include, but not be limited to, an updated case plan as described in Section 706.6, the factual material described in subdivision (c) of this section, and a recommended permanent plan for the minor. (Amended by Stats. 2025, Ch. 79, Sec. 6. (SB 119) Effective July 29, 2025.)
  121. 706.6.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 17. Wards—Hearings [675 - 714] ( Heading of Article 17 renumbered from Article 8 by Stats. 1976, Ch. 1068. )

    Verify source ↗

    This section requires probation case plans for minors to include specific information, be submitted to the court, and document child and family team recommendations and any differences from them.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 17. Wards—Hearings [675 - 714] ( Heading of Article 17 renumbered from Article 8 by Stats. 1976, Ch. 1068. ) ## 706.6. (a) Services to minors are best provided in a framework that integrates service planning and delivery among multiple service systems, including the mental health system, using a team-based approach, such as a child and family team. A child and family team brings together individuals that engage with the child or youth and family in assessing, planning, and delivering services. Use of a team approach increases efficiency, and thus reduces cost, by increasing coordination of formal services and integrating the natural and informal supports available to the child or youth and family. (b) (1) For the purposes of this section, “child and family team” has the same meaning as in paragraph (4) of subdivision (a) of Section 16501. (2) In its development of the case plan, the probation agency shall consider and document any recommendations of the child and family team, as defined in paragraph (4) of subdivision (a) of Section 16501. The agency shall document the rationale for any inconsistencies between the case plan and the child and family team recommendations. (c) A case plan prepared as required by Section 706.5 shall be submitted to the court. It shall either be attached to the social study or incorporated as a separate section within the social study. The case plan shall include, but not be limited to, the following information: (1) A description of the circumstances that resulted in the minor being placed under the supervision of the probation department and in foster care. (2) Documentation of the preplacement assessment of the minor’s and family’s strengths and service needs showing that preventive services have been provided, and that reasonable efforts to prevent out-of-home placement have been made. The assessment shall include the type of placement best equipped to meet those needs. (3) (A) A description of the type of home or institution in which the minor is to be placed, and the reasons for that placement decision, including a discussion of the safety and appropriateness of the placement, including the recommendations of the child and family team, if available. (B) An appropriate placement is a placement in the least restrictive, most family-like environment that promotes normal childhood experiences, in closest proximity to the minor’s home, that meets the minor’s best interests and special needs. (4) Effective January 1, 2010, to ensure the educational stability of the child while in foster care, both of the following: (A) Information providing assurances that the placement agency has taken into account the appropriateness of the current educational setting and the proximity to the school in which the child is enrolled at the time of placement. (B) Information providing assurances that the placement agency has coordinated with appropriate local educational agencies to ensure that the child remains in the school in which the child is enrolled at the time of placement, or, if remaining in that school is not in the best interests of the child, that the placement agency and the local educational agency are to provide immediate and appropriate enrollment in a new school and provide all of the child’s educational records to the new school. (5) Specific time-limited goals and related activities designed to enable the safe return of the minor to the minor’s home, or in the event that return to the minor’s home is not possible, activities designed to result in permanent placement or emancipation. Specific responsibility for carrying out the planned activities shall be assigned to one or more of the following: (A) The probation department. (B) The minor’s parent or parents or legal guardian or guardians, as applicable. (C) The minor. (D) The foster parents or licensed agency providing foster care. (6) The projected date of completion of the case plan objectives and the date services will be terminated. (7) (A) Scheduled visits between the minor and the minor’s family and an explanation if no visits are made. (B) Whether the child has other siblings, and, if any siblings exist, all of the following: (i) The nature of the relationship between the child and the child’s siblings. (ii) The appropriateness of developing or maintaining the sibling relationships under Section 16002. (iii) If the siblings are not placed together in the same home, why the siblings are not placed together and what efforts are being made to place the siblings together, or why those efforts are not appropriate. (iv) If the siblings are not placed together, all of the following: (I) The frequency and nature of the visits between the siblings. (II) If there are visits between the siblings, whether the visits are supervised or unsupervised. If the visits are supervised, a discussion of the reasons why the visits are supervised, and what needs to be accomplished in order for the visits to be unsupervised. (III) If there are visits between the siblings, a description of the location and length of the visits. (IV) Any plan to increase visitation between the siblings. (v) The impact of the sibling relationships on the child’s placement and planning for legal permanence. (vi) The continuing need to suspend sibling interaction, if applicable, under subdivision (c) of Section 16002. (C) The factors the court may consider in making a determination regarding the nature of the child’s sibling relationships may include, but are not limited to, whether the siblings were raised together in the same home, whether the siblings have shared significant common experiences or have existing close and strong bonds, whether either sibling expresses a desire to visit or live with the child’s sibling, as applicable, and whether ongoing contact is in the child’s best emotional interests. (8) (A) When placement is made in a resource family home, short-term residential therapeutic program, or other children’s residential facility that is either a substantial distance from the home of the minor’s parent or legal guardian or out of state, the case plan shall specify the reasons why the placement is the most appropriate and is in the best interest of the minor. (B) When an out-of-state residential facility placement is recommended or made, the case plan shall comply with Section 727.1 of this code and Section 7911.1 of the Family Code. In addition, the case plan shall include documentation that the county placing agency has satisfied Section 16010.9. The case plan also shall address what in-state services or facilities were used or considered and why they were not recommended. (9) If applicable, efforts to make it possible to place siblings together, unless it has been determined that placement together is not in the best interest of one or more siblings. (10) A schedule of visits between the minor and the probation officer, including a monthly visitation schedule for those children placed in short-term residential therapeutic programs or out-of-state residential facilities, as defined in subdivision (b) of Section 7910 of the Family Code. (11) Health and education information about the minor, school records, immunizations, known medical problems, and any known medications the minor may be taking, names and addresses of the minor’s health and educational providers; the minor’s grade level performance; assurances that the minor’s placement in foster care takes into account proximity to the school in which the minor was enrolled at the time of placement; and other relevant health and educational information. (12) When out-of-home services are used and the goal is reunification, the case plan shall describe the services that were provided to prevent removal of the minor from the home, those services to be provided to assist in reunification and the services to be provided concurrently to achieve legal permanency if efforts to reunify fail. (13) (A) For a permanency planning hearing, an updated recommendation for a permanent plan for the minor. The identified permanent plan for a minor under 16 years of age shall be to return home, adoption, legal guardianship, or placement with a fit and willing relative. The case plan shall identify any barriers to achieving legal permanence and the steps the agency will take to address those barriers. (B) If, after considering reunification, adoptive placement, legal guardianship, or permanent placement with a fit and willing relative the probation officer recommends placement in a planned permanent living arrangement for a minor 16 years of age or older, the case plan shall include documentation of a compelling reason or reasons why termination of parental rights is not in the minor’s best interest. For purposes of this subdivision, a “compelling reason” shall have the same meaning as in subdivision (c) of Section 727.3. The case plan shall also identify the intensive and ongoing efforts to return the minor to the home of the parent, place the minor for adoption, establish a legal guardianship, or place the minor with a fit and willing relative, as appropriate. Efforts shall include the use of technology, including social media, to find biological family members of the minor. (14) For each review hearing, an updated description of the services that have been provided to the minor under the plan and an evaluation of the appropriateness and effectiveness of those services. (15) A statement that the parent or legal guardian and the minor have had an opportunity to participate in the development of the case plan, to review the case plan, to sign the case plan, and to receive a copy of the plan, or an explanation of why the parent, legal guardian, or minor was not able to participate or sign the case plan. (16) For a minor in out-of-home care who is 14 years of age or older, a written description of the programs and services, which will help the minor prepare for the transition from foster care to successful adulthood. (17) On and after the date required by paragraph (9) of subdivision (h) of Section 11461: (A) The minor’s tier, if applicable, as determined by the IP-CANS assessment for purposes of the Tiered Rate Structure under subdivision (h) of Section 11461. (B) If applicable, the plan to meet the minor’s immediate needs, as defined in paragraph (2) of subdivision (c) of Section 16562, using funding made available for that purpose. (C) The strengths building activities the minor is engaged in, or desires to be engaged in, a brief description of the strengths building goals identified in the IP-CANS, and the Spending Plan Report, as defined in subdivision (c) of Section 16565, for a minor eligible for the Strengths Building Child and Family Determination Program established in Section 16565. (d) The following shall apply: (1) The agency selecting a placement shall consider, in order of priority: (A) Placement with relatives, nonrelated extended family members, and tribal members. (B) Foster family homes and certified homes or resource families of foster family agencies. (C) Treatment and intensive treatment certified homes or resource families of foster family agencies, or multidimensional treatment foster homes or therapeutic foster care homes. (D) Group care placements in the following order: (i) Short-term residential therapeutic programs. (ii) Group homes vendored by a regional center. (iii) Community treatment facilities. (iv) Out-of-state residential facilities as authorized by subdivision (b) of Section 727.1. (2) In an Indian child custody proceeding as defined in subdivision (d) of Section 224.1, the placement shall comply with the placement preferences set forth in Section 361.31. (3) Although the placement options shall be considered in the preferential order specified in paragraph (1), the placement of a child may be with any of these placement settings in order to ensure the selection of a safe placement setting that is in the child’s best interests and meets the child’s special needs. (4) (A) A minor may be placed into a community care facility licensed as a short-term residential therapeutic program, as defined in subdivision (ad) of Section 11400, provided the case plan indicates that the placement is for the purposes of providing short-term, specialized, intensive, and trauma-informed treatment for the minor, the case plan specifies the need for, nature of, and anticipated duration of this treatment, and the case plan includes transitioning the minor to a less restrictive environment and the projected timeline by which the minor will be transitioned to a less restrictive environment. (B) On and after October 1, 2021, within 30 days of the minor’s placement in a short-term residential therapeutic program, and, on and after July 1, 2022, within 30 days of the minor’s placement in a community treatment facility, the case plan shall document all of the following: (i) The reasonable and good faith effort by the probation officer to identify and include all required individuals in the child and family team. (ii) All contact information for members of the child and family team, as well as contact information for other relatives and nonrelative extended family members who are not part of the child and family team. (iii) Evidence that meetings of the child and family team, including the meetings related to the determination required under Section 4096, are held at a time and place convenient for the family. (iv) If reunification is the goal, evidence that the parent from whom the minor or nonminor dependent was removed provided input on the members of the child and family team. (v) Evidence that the determination required under Section 4096 was conducted in conjunction with the child and family team. (vi) The placement preferences of the minor or nonminor dependent and the child and family team relative to the determination and, if the placement preferences of the minor or nonminor dependent or the child and family team are not the placement setting recommended by the qualified individual conducting the determination, the reasons why the preferences of the team or minor or nonminor dependent were not recommended. (C) Following the court review required pursuant to Section 727.12, the case plan shall document the court’s approval or disapproval of the placement. (D) When the minor or nonminor dependent has been placed in a short-term residential therapeutic program or a community treatment facility for more than 12 consecutive months or 18 nonconsecutive months, or, in the case of a minor who has not attained 13 years of age, for more than 6 consecutive or nonconsecutive months, the case plan shall include both of the following: (i) Documentation of the information submitted to the court pursuant to subparagraph (B) of paragraph (1) of subdivision (c) of Section 706.5. (ii) Documentation that the chief probation officer of the county probation department, or their designee, has approved the continued placement of the minor or nonminor dependent in the setting. (E) (i) On and after October 1, 2021, prior to discharge from a short-term residential therapeutic program, and, on and after July 1, 2022, prior to discharge from a community treatment facility, the case plan shall include a description of the type of in-home or institution-based services to encourage the safety, stability, and appropriateness of the next placement, including the recommendations of the child and family team, if available. (ii) A plan, developed in collaboration with the short-term residential therapeutic program or community treatment facility, as applicable, for the provision of discharge planning and family-based aftercare support pursuant to Section 4096.6. (Amended by Stats. 2025, Ch. 67, Sec. 188. (AB 1170) Effective January 1, 2026.)
  122. 707.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 17. Wards—Hearings [675 - 714] ( Heading of Article 17 renumbered from Article 8 by Stats. 1976, Ch. 1068. )

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    This section lets a prosecutor ask to move certain juvenile cases to criminal court, and it requires the juvenile court to order a probation report and decide the transfer under specified criteria.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 17. Wards—Hearings [675 - 714] ( Heading of Article 17 renumbered from Article 8 by Stats. 1976, Ch. 1068. ) ## 707. (a) (1) In any case in which a minor is alleged to be a person described in Section 602 by reason of the violation, when the minor was 16 years of age or older, of any offense listed in subdivision (b) or any other felony criminal statute, the district attorney or other appropriate prosecuting officer may make a motion to transfer the minor from juvenile court to a court of criminal jurisdiction. The motion shall be made prior to the attachment of jeopardy. Upon the motion, the juvenile court shall order the probation officer to submit a report on the behavioral patterns and social history of the minor. The report shall include any written or oral statement offered by the victim pursuant to Section 656.2. (2) In any case in which an individual is alleged to be a person described in Section 602 by reason of the violation, when the individual was 14 or 15 years of age, of any offense listed in subdivision (b), but was not apprehended prior to the end of juvenile court jurisdiction, the district attorney or other appropriate prosecuting officer may make a motion to transfer the individual from juvenile court to a court of criminal jurisdiction. The motion shall be made prior to the attachment of jeopardy. Upon the motion, the juvenile court shall order the probation officer to submit a report on the behavioral patterns and social history of the individual. The report shall include any written or oral statement offered by the victim pursuant to Section 656.2. (3) Following submission and consideration of the report, and of any other relevant evidence that the petitioner or the minor may wish to submit, the juvenile court shall decide whether the minor should be transferred to a court of criminal jurisdiction. In order to find that the minor should be transferred to a court of criminal jurisdiction, the court shall find by clear and convincing evidence that the minor is not amenable to rehabilitation while under the jurisdiction of the juvenile court. In making its decision, the court shall consider the criteria specified in subparagraphs (A) to (E), inclusive. If the court orders a transfer of jurisdiction, the court shall recite the basis for its decision in an order entered upon the minutes, which shall include the reasons supporting the court’s finding that the minor is not amenable to rehabilitation while under the jurisdiction of the juvenile court. In any case in which a hearing has been noticed pursuant to this section, the court shall postpone the taking of a plea to the petition until the conclusion of the transfer hearing, and a plea that has been entered already shall not constitute evidence at the hearing. (A) (i) The degree of criminal sophistication exhibited by the minor. (ii) When evaluating the criterion specified in clause (i), the juvenile court shall give weight to any relevant factor, including, but not limited to, the minor’s age, maturity, intellectual capacity, and physical, mental, and emotional health at the time of the alleged offense; the minor’s impetuosity or failure to appreciate risks and consequences of criminal behavior; the effect of familial, adult, or peer pressure on the minor’s actions; the effect of the minor’s family and community environment; the existence of childhood trauma; the minor’s involvement in the child welfare or foster care system; and the status of the minor as a victim of human trafficking, sexual abuse, or sexual battery on the minor’s criminal sophistication. (B) (i) Whether the minor can be rehabilitated prior to the expiration of the juvenile court’s jurisdiction. (ii) When evaluating the criterion specified in clause (i), the juvenile court shall give weight to any relevant factor, including, but not limited to, the minor’s potential to grow and mature. (C) (i) The minor’s previous delinquent history. (ii) When evaluating the criterion specified in clause (i), the juvenile court shall give weight to any relevant factor, including, but not limited to, the seriousness of the minor’s previous delinquent history and the effect of the minor’s family and community environment and childhood trauma on the minor’s previous delinquent behavior. (D) (i) Success of previous attempts by the juvenile court to rehabilitate the minor. (ii) When evaluating the criterion specified in clause (i), the juvenile court shall give weight to any relevant factor, including, but not limited to, the adequacy of the services previously provided to address the minor’s needs. (E) (i) The circumstances and gravity of the offense alleged in the petition to have been committed by the minor. (ii) When evaluating the criterion specified in clause (i), the juvenile court shall give weight to any relevant factor, including, but not limited to, the actual behavior of the person, the mental state of the person, the person’s degree of involvement in the crime, the level of harm actually caused by the person, and the person’s mental and emotional development. (iii) When evaluating the criterion specified in clause (i), the court shall consider evidence offered that indicates that the person against whom the minor is accused of committing an offense trafficked, sexually abused, or sexually battered the minor. (b) This subdivision is applicable to any case in which a minor is alleged to be a person described in Section 602 by reason of the violation of one of the following offenses: (1) Murder. (2) Arson, as provided in subdivision (a) or (b) of Section 451 of the Penal Code. (3) Robbery. (4) Rape with force, violence, or threat of great bodily harm. (5) Sodomy by force, violence, duress, menace, or threat of great bodily harm. (6) A lewd or lascivious act as provided in subdivision (b) of Section 288 of the Penal Code. (7) Oral copulation by force, violence, duress, menace, or threat of great bodily harm. (8) An offense specified in subdivision (a) of Section 289 of the Penal Code. (9) Kidnapping for ransom. (10) Kidnapping for purposes of robbery. (11) Kidnapping with bodily harm. (12) Attempted murder. (13) Assault with a firearm or destructive device. (14) Assault by any means of force likely to produce great bodily injury. (15) Discharge of a firearm into an inhabited or occupied building. (16) An offense described in Section 1203.09 of the Penal Code. (17) An offense described in Section 12022.5 or 12022.53 of the Penal Code. (18) A felony offense in which the minor personally used a weapon described in any provision listed in Section 16590 of the Penal Code. (19) A felony offense described in Section 136.1 or 137 of the Penal Code. (20) Manufacturing, compounding, or selling one-half ounce or more of a salt or solution of a controlled substance specified in subdivision (e) of Section 11055 of the Health and Safety Code. (21) A violent felony, as defined in subdivision (c) of Section 667.5 of the Penal Code, which also would constitute a felony violation of subdivision (b) of Section 186.22 of the Penal Code. (22) Escape, by the use of force or violence, from a county juvenile hall, home, ranch, camp, or forestry camp in violation of subdivision (b) of Section 871 if great bodily injury is intentionally inflicted upon an employee of the juvenile facility during the commission of the escape. (23) Torture as described in Sections 206 and 206.1 of the Penal Code. (24) Aggravated mayhem, as described in Section 205 of the Penal Code. (25) Carjacking, as described in Section 215 of the Penal Code, while armed with a dangerous or deadly weapon. (26) Kidnapping for purposes of sexual assault, as punishable in subdivision (b) of Section 209 of the Penal Code. (27) Kidnapping as punishable in Section 209.5 of the Penal Code. (28) The offense described in subdivision (c) of Section 26100 of the Penal Code. (29) The offense described in Section 18745 of the Penal Code. (30) Voluntary manslaughter, as described in subdivision (a) of Section 192 of the Penal Code. (Amended by Stats. 2023, Ch. 716, Sec. 1. (SB 545) Effective January 1, 2024.)
  123. 707.01.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 17. Wards—Hearings [675 - 714] ( Heading of Article 17 renumbered from Article 8 by Stats. 1976, Ch. 1068. )

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    When a minor is found unfit for juvenile court treatment, pending petitions may be sent to criminal court or kept in juvenile court depending on jeopardy and age, and some prior juvenile-court jurisdiction continues.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 17. Wards—Hearings [675 - 714] ( Heading of Article 17 renumbered from Article 8 by Stats. 1976, Ch. 1068. ) ## 707.01. (a) If a minor is found an unfit subject to be dealt with under the juvenile court law pursuant to Section 707, then the following shall apply: (1) The jurisdiction of the juvenile court with respect to any previous adjudication resulting in the minor being made a ward of the juvenile court that did not result in the minor’s commitment to the Youth Authority shall not terminate, unless a hearing is held pursuant to Section 785 and the jurisdiction of the juvenile court over the minor is terminated. (2) The jurisdiction of the juvenile court and the Youth Authority with respect to any previous adjudication resulting in the minor being made a ward of the juvenile court that resulted in the minor’s commitment to the Youth Authority shall not terminate. (3) All petitions pending against the minor shall be transferred to the court of criminal jurisdiction where one of the following applies: (A) Jeopardy has not attached and the minor was 16 years of age or older at the time he or she is alleged to have violated the criminal statute or ordinance. (B) Jeopardy has not attached and the minor is alleged to have violated a criminal statute for which he or she may be presumed or may be found to be not a fit and proper subject to be dealt with under the juvenile court law. (4) All petitions pending against the minor shall be disposed of in the juvenile court pursuant to the juvenile court law, where one of the following applies: (A) Jeopardy has attached. (B) The minor was under 16 years of age at the time he or she is alleged to have violated a criminal statute for which he or she may not be presumed or may not be found to be not a fit and proper subject to be dealt with under the juvenile court law. (5) If, subsequent to a finding that a minor is an unfit subject to be dealt with under the juvenile court law, the minor is convicted of the violations which were the subject of the proceeding that resulted in a finding of unfitness, a new petition or petitions alleging the violation of any law or ordinance defining crime which would otherwise cause the minor to be a person described in Section 602 committed by the minor prior to or after the finding of unfitness need not be filed in the juvenile court if one of the following applies: (A) The minor was 16 years of age or older at the time he or she is alleged to have violated a criminal statute or ordinance. (B) The minor is alleged to have violated a criminal statute for which he or she may be presumed or may be found to be not a fit and proper subject to be dealt with under the juvenile court law. (6) Subsequent to a finding that a minor is an unfit subject to be dealt with under the juvenile court law, which finding was based solely on either or both the minor’s previous delinquent history or a lack of success of previous attempts by the juvenile court to rehabilitate the minor, and the minor was not convicted of the offense, a new petition or petitions alleging the violation of any law or ordinance defining crime which would otherwise cause the minor to be a person described in Section 602 committed by the minor prior to or after the finding of unfitness need not be filed in the juvenile court if one of the following applies: (A) The minor was 16 years of age or older at the time he or she is alleged to have violated a criminal statute or ordinance. (B) The minor is alleged to have violated a criminal statute for which he or she may be presumed or may be found to be not a fit and proper subject to be dealt with under the juvenile court law. (7) If, subsequent to a finding that a minor is an unfit subject to be dealt with under the juvenile court law, the minor is not convicted of the violations which were the subject of the proceeding that resulted in a finding of unfitness and the finding of unfitness was not based solely on either or both the minor’s previous delinquent history or a lack of success of previous attempts by the juvenile court to rehabilitate the minor, a new petition or petitions alleging the violation of any law or ordinance defining a crime which would otherwise cause the minor to be a person described in Section 602 committed by the minor prior to or after the finding of unfitness shall be first filed in the juvenile court. This paragraph does not preclude the prosecuting attorney from seeking to find the minor unfit in a subsequent petition. (b) As to a violation referred to in paragraph (5) or (6) of subdivision (a), if a petition based on those violations has already been filed in the juvenile court, it shall be transferred to the court of criminal jurisdiction without any further proceedings. (c) The probation officer shall not be required to investigate or submit a report regarding the fitness of a minor for any charge specified in paragraph (5) or (6) of subdivision (a) which is refiled in the juvenile court. (d) This section shall not be construed to affect the right to appellate review of a finding of unfitness or the duration of the jurisdiction of the juvenile court as specified in Section 607. (Added by Stats. 1994, Ch. 453, Sec. 10.8. Effective January 1, 1995.)
  124. 707.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 17. Wards—Hearings [675 - 714] ( Heading of Article 17 renumbered from Article 8 by Stats. 1976, Ch. 1068. )

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    After a juvenile case is transferred to criminal court, the prosecutor may file an accusatory pleading, and the minor is entitled to bail or release on their own recognizance under the same conditions as an adult.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 17. Wards—Hearings [675 - 714] ( Heading of Article 17 renumbered from Article 8 by Stats. 1976, Ch. 1068. ) ## 707.1. (a) If, pursuant to a transfer hearing, the minor’s case is transferred from juvenile court to a court of criminal jurisdiction, the district attorney or other appropriate prosecuting officer may file an accusatory pleading against the minor in a court of criminal jurisdiction. The case shall proceed from that point according to the laws applicable to a criminal case. If a prosecution has been commenced in another court but has been suspended while juvenile court proceedings are being held, it shall be ordered that the proceedings upon that prosecution shall resume. (b) A minor whose case is transferred to a court of criminal jurisdiction shall, upon the conclusion of the transfer hearing, be entitled to release on bail or on their own recognizance on the same circumstances, terms, and conditions as an adult alleged to have committed the same offense. (Amended by Stats. 2020, Ch. 337, Sec. 25. (SB 823) Effective September 30, 2020.)
  125. 707.2.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 17. Wards—Hearings [675 - 714] ( Heading of Article 17 renumbered from Article 8 by Stats. 1976, Ch. 1068. )

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    In a Section 707 transfer hearing, the court must keep a minor in juvenile court jurisdiction if there is evidence the minor was trafficked, sexually abused, or sexually battered by the alleged victim, unless the court finds clear and convincing evidence that the alleged victim did not do those things.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 17. Wards—Hearings [675 - 714] ( Heading of Article 17 renumbered from Article 8 by Stats. 1976, Ch. 1068. ) ## 707.2. Notwithstanding a finding made pursuant to paragraph (3) of subdivision (a) of Section 707 that a minor is not amenable to rehabilitation while under the jurisdiction of the juvenile court, if the court, during a transfer hearing pursuant to Section 707, receives evidence that the minor was trafficked, sexually abused, or sexually battered by the alleged victim prior to or during the commission of the alleged offense, the minor shall be retained under the jurisdiction of the juvenile court unless the court finds by clear and convincing evidence that the person against whom the minor is accused of committing an offense did not traffic, sexually abuse, or sexually batter the minor. (Added by Stats. 2023, Ch. 716, Sec. 2. (SB 545) Effective January 1, 2024.)
  126. 707.4.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 17. Wards—Hearings [675 - 714] ( Heading of Article 17 renumbered from Article 8 by Stats. 1976, Ch. 1068. )

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    The criminal court clerk must report and transfer certain minor records to juvenile-related authorities, unless the minor has a prior criminal court conviction.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 17. Wards—Hearings [675 - 714] ( Heading of Article 17 renumbered from Article 8 by Stats. 1976, Ch. 1068. ) ## 707.4. In any case arising under this article in which there is no conviction in the criminal court, the clerk of the criminal court shall report such disposition to the juvenile court, to the probation department, to the law enforcement agency which arrested the minor for the offense which resulted in his remand to criminal court, and to the Department of Justice. Unless the minor has had a prior conviction in a criminal court, the clerk of the criminal court shall deliver to the clerk of the juvenile court all copies of the minor’s record in criminal court and shall obliterate the minor’s name from any index or minute book maintained in the criminal court. The clerk of the juvenile court shall maintain the minor’s criminal court record as provided by Article 22 (commencing with Section 825) of this chapter until such time as the juvenile court may issue an order that they be sealed pursuant to Section 781. (Amended by Stats. 1978, Ch. 380.)
  127. 707.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 17. Wards—Hearings [675 - 714] ( Heading of Article 17 renumbered from Article 8 by Stats. 1976, Ch. 1068. )

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    A person transferred from juvenile court to criminal court may ask for the case to be returned to juvenile court, and the court must do so in specified situations.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 17. Wards—Hearings [675 - 714] ( Heading of Article 17 renumbered from Article 8 by Stats. 1976, Ch. 1068. ) ## 707.5. (a) In any case in which a person is transferred from juvenile court to a court of criminal jurisdiction pursuant to Section 707, upon conviction or entry of a plea, the person may, under the circumstances described in subdivision (b), request the criminal court to return the case to the juvenile court for disposition. (b) Upon motion by the person, the criminal court shall have the authority to return the case to juvenile court for disposition in the following circumstances: (1) If the person is convicted at trial in criminal court solely of a misdemeanor or misdemeanors, upon request by the defense, the case shall be returned to juvenile court, as provided in subdivisions (d) and (e). (2) If the court receives evidence that the minor was trafficked, sexually abused, or sexually battered by the alleged victim prior to or during the commission of the alleged offense, the case shall be returned to juvenile court, as provided in subdivisions (d) and (e), unless the court finds, by clear and convincing evidence, that the person against whom the charged offense was committed had not sexually abused, sexually battered, or trafficked the minor prior to or during the commission of the alleged offense. This paragraph shall be construed to prioritize the successful treatment and rehabilitation of minor victims of human trafficking and sex crimes who commit acts of violence against their abusers. It is the intent of the Legislature that these minors be viewed as victims and provided treatment and services in the juvenile or family court system. (3) If any of the allegations in the juvenile court petition that were the basis for transfer involved an offense listed in subdivision (b) of Section 707, and the person is convicted at trial in criminal court only of felony offenses that are not listed in subdivision (b) of Section 707, or a combination of such felony offenses and misdemeanors, upon request by the defense, the court shall have the discretion to return the case to juvenile court for further proceedings pursuant to subdivision (c). (4) If the allegations in the juvenile court petition that were the basis for transfer involved only offenses not listed in subdivision (b) of Section 707, and pursuant to a plea agreement the person pleads guilty only to a misdemeanor or misdemeanors, or if any of the allegations in the juvenile court petition that were the basis for transfer involved an offense listed in subdivision (b) of Section 707, and pursuant to a plea agreement the person pleads guilty only to a misdemeanor or misdemeanors, felony offenses that are not listed in subdivision (b) of Section 707, or a combination of such felony offenses and misdemeanors, upon agreement and request of the parties, and subject to the approval of the court, the case shall be returned to juvenile court for further proceedings pursuant to subdivision (c). (c) In determining whether the case should be returned to juvenile court pursuant to paragraph (3) of subdivision (b), or in determining whether to approve the agreement pursuant to paragraph (4) of subdivision (b), the court shall make a finding by a preponderance of the evidence that a juvenile disposition is in the interests of justice and the welfare of the person, and shall so state on the minute order with the specific reasons for making that finding. In making the determination, the court shall consider the transcript and minute order of the transfer hearing, the time that the person has served in custody, the dispositions and services available to the person in the juvenile court, and any relevant evidence submitted by either party. A case that is ordered returned to juvenile court shall comply with subdivisions (d) and (e). (d) Upon determining that the case shall be returned to the juvenile court, the court shall return the entire case to the juvenile court and the matter shall be calendared within two court days. (e) The juvenile court shall order the probation department to prepare a social study on the questions of the proper disposition, and the case shall proceed to disposition as set forth in Sections 702, 706, 706.5, and 730, and Article 18 (commencing with Section 725), as applicable. A conviction or guilty plea that is returned to juvenile court shall be considered an adjudication or admission before the juvenile court for all purposes. (f) The clerk of the criminal court shall report the return to juvenile court to the probation department, the law enforcement agency that arrested the minor for the offense, and the Department of Justice. The clerk of the criminal court shall deliver to the clerk of the juvenile court all copies of the minor’s record in criminal court and shall obliterate the person’s name for any index maintained in the criminal court. The clerk of the juvenile court shall maintain the criminal court records as provided by Article 22 (commencing with Section 825) until such time as the juvenile court may issue an order that the records be sealed. (Amended by Stats. 2023, Ch. 716, Sec. 3. (SB 545) Effective January 1, 2024.)
  128. 708.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 17. Wards—Hearings [675 - 714] ( Heading of Article 17 renumbered from Article 8 by Stats. 1976, Ch. 1068. )

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    A juvenile court judge may continue a hearing for a minor who appears to be dangerous because of controlled substance use, and the court may send the minor to a county-designated, state-approved 72-hour treatment and evaluation facility.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 17. Wards—Hearings [675 - 714] ( Heading of Article 17 renumbered from Article 8 by Stats. 1976, Ch. 1068. ) ## 708. (a) Whenever a minor who appears to be a danger to himself or herself or others as a result of the use of controlled substances (as defined in Division 10 (commencing with Section 11000) of the Health and Safety Code), is brought before any judge of the juvenile court, the judge may continue the hearing and proceed pursuant to this section. The court may order the minor taken to a facility designated by the county and approved by the State Department of Health Care Services as a facility for 72-hour treatment and evaluation. Thereupon the provisions of Section 5343 shall apply, except that the professional person in charge of the facility shall make a written report to the court concerning the results of the evaluation of the minor. (b) If the professional person in charge of the facility for 72-hour evaluation and treatment reports to the juvenile court that the minor is not a danger to himself or herself or others as a result of the use of controlled substances or that the minor does not require 14-day intensive treatment, or if the minor has been certified for not more than 14 days of intensive treatment and the certification is terminated, the minor shall be released if the juvenile court proceedings have been dismissed; referred for further care and treatment on a voluntary basis, subject to the disposition of the juvenile court proceedings; or returned to the juvenile court, in which event the court shall proceed with the case pursuant to this chapter. (c) Any expenditure for the evaluation or intensive treatment of a minor under this section shall be considered an expenditure made under Part 2 (commencing with Section 5600) of Division 5, and shall be reimbursed by the state as are other local expenditures pursuant to that part. (Amended by Stats. 2013, Ch. 23, Sec. 28. (AB 82) Effective June 27, 2013.)
  129. 709.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 17. Wards—Hearings [675 - 714] ( Heading of Article 17 renumbered from Article 8 by Stats. 1976, Ch. 1068. )

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    This section sets the process for deciding a juvenile’s competency, including suspension of proceedings, expert evaluation, remediation, and possible dismissal.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 17. Wards—Hearings [675 - 714] ( Heading of Article 17 renumbered from Article 8 by Stats. 1976, Ch. 1068. ) ## 709. (a) (1) If the court has a doubt that a minor who is subject to any juvenile proceedings is competent, the court shall suspend all proceedings and proceed pursuant to this section. (2) A minor is incompetent for purposes of this section if the minor lacks sufficient present ability to consult with counsel and assist in preparing the minor’s defense with a reasonable degree of rational understanding, or lacks a rational as well as factual understanding of the nature of the charges or proceedings against them. Incompetency may result from the presence of any condition or conditions, including, but not limited to, mental illness, mental disorder, developmental disability, or developmental immaturity. Except as specifically provided otherwise, this section applies to a minor who is alleged to come within the jurisdiction of the court pursuant to Section 601 or 602. (3) Notwithstanding paragraph (1), during the pendency of any juvenile proceeding, the court may receive information from any source regarding the minor’s ability to understand the proceedings. The minor’s counsel or the court may express a doubt as to the minor’s competency. If the court finds substantial evidence that raises a doubt as to the minor’s competency, the proceedings shall be suspended. (b) (1) Unless the parties stipulate to a finding that the minor lacks competency, or the parties are willing to submit on the issue of the minor’s lack of competency, the court shall appoint an expert to evaluate the minor and determine whether the minor suffers from a mental illness, mental disorder, developmental disability, developmental immaturity, or other condition affecting competency and, if so, whether the minor is incompetent as defined in paragraph (2) of subdivision (a). (2) The expert shall have expertise in child and adolescent development and forensic evaluation of juveniles for purposes of adjudicating competency, shall be familiar with competency standards and accepted criteria used in evaluating juvenile competency, shall have received training in conducting juvenile competency evaluations, and shall be familiar with competency remediation for the condition or conditions affecting competence in the particular case. (3) The expert shall personally interview the minor and review all of the available records provided, including, but not limited to, medical, education, special education, probation, child welfare, mental health, regional center, and court records, and any other relevant information that is available. The expert shall consult with the minor’s counsel and any other person who has provided information to the court regarding the minor’s lack of competency. The expert shall gather a developmental history of the minor. If any information is unavailable to the expert, the expert shall note in the report the efforts to obtain that information. The expert shall administer age-appropriate testing specific to the issue of competency unless the facts of the particular case render testing unnecessary or inappropriate. The expert shall be proficient in the language preferred by the minor, or, if that is not feasible, the expert shall employ the services of a certified interpreter and use assessment tools that are linguistically and culturally appropriate for the minor. In a written report, the expert shall opine whether the minor has the sufficient present ability to consult with the minor’s counsel with a reasonable degree of rational understanding and whether the minor has a rational and factual understanding of the proceedings against them. The expert shall also state the basis for these conclusions. If the expert concludes that the minor lacks competency, the expert shall give their opinion on whether the minor is likely to attain competency in the foreseeable future, and, if so, make recommendations regarding the type of remediation services that would be effective in assisting the minor in attaining competency. (4) The Judicial Council, in conjunction with groups or individuals representing judges, defense counsel, district attorneys, chief probation officers, counties, advocates for people with developmental and mental disabilities, experts in special education testing, psychologists and psychiatrists specializing in adolescents, professional associations and accredited bodies for psychologists and psychiatrists, and other interested stakeholders, shall adopt a rule of court identifying the training and experience needed for an expert to be competent in forensic evaluations of juveniles. The Judicial Council shall develop and adopt rules for the implementation of the other requirements in this subdivision. (5) Statements made to the appointed expert during the minor’s competency evaluation and statements made by the minor to mental health professionals during the remediation proceedings, and any fruits of these statements, shall not be used in any other hearing against the minor in either juvenile or adult court. (6) The district attorney or minor’s counsel may retain or seek the appointment of additional qualified experts who may testify during the competency hearing. The expert’s report and qualifications shall be disclosed to the opposing party within a reasonable time before, but no later than five court days before, the hearing. If disclosure is not made in accordance with this paragraph, the court may make any order necessary to enforce the provisions of this paragraph, including, but not limited to, immediate disclosure, contempt proceedings, delaying or prohibiting the testimony of the expert or consideration of the expert’s report upon a showing of good cause, or any other lawful order. If, after disclosure of the report, the opposing party requests a continuance in order to further prepare for the hearing and shows good cause for the continuance, the court shall grant a continuance for a reasonable period of time. This paragraph does not allow a qualified expert retained or appointed by the district attorney to perform a competency evaluation on a minor without an order from the juvenile court after petitioning the court for an order pursuant to the Civil Discovery Act (Title 4 (commencing with Section 2016.010) of Part 4 of the Code of Civil Procedure). (7) If the expert believes the minor is developmentally disabled, the court shall appoint the director of a regional center for developmentally disabled individuals described in Article 1 (commencing with Section 4620) of Chapter 5 of Division 4.5, or the director’s designee, to evaluate the minor. The director of the regional center, or the director’s designee, shall determine whether the minor is eligible for services under the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500)), and shall provide the court with a written report informing the court of his or her determination. The court’s appointment of the director of the regional center for determination of eligibility for services shall not delay the court’s proceedings for determination of competency. (8) An expert’s opinion that a minor is developmentally disabled does not supersede an independent determination by the regional center whether the minor is eligible for services under the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500)). (9) This section does not authorize or require determinations regarding the competency of a minor by the director of the regional center or the director’s designee. (c) The question of the minor’s competency shall be determined at an evidentiary hearing unless there is a stipulation or submission by the parties on the findings of the expert that the minor is incompetent. It shall be presumed that the minor is mentally competent, unless it is proven by a preponderance of the evidence that the minor is mentally incompetent. With respect to a minor under 14 years of age at the time of the commission of the alleged offense, the court shall make a determination as to the minor’s capacity pursuant to Section 26 of the Penal Code prior to deciding the issue of competency. (d) If the court finds the minor to be competent, the court shall reinstate proceedings and proceed commensurate with the court’s jurisdiction. (e) If the court finds, by a preponderance of evidence, that the minor is incompetent, all proceedings shall remain suspended for a period of time that is no longer than reasonably necessary to determine whether there is a substantial probability that the minor will attain competency in the foreseeable future, or the court no longer retains jurisdiction and the case must be dismissed. Prior to a dismissal, the court may make orders that it deems appropriate for services. Further, the court may rule on motions that do not require the participation of the minor in the preparation of the motions. These motions include, but are not limited to, all of the following: (1) Motions to dismiss. (2) Motions regarding a change in the placement of the minor. (3) Detention hearings. (4) Demurrers. (f) If the minor is found to be incompetent and the petition contains only misdemeanor offenses, the petition shall be dismissed. (g) (1) Upon a finding of incompetency, the court shall refer the minor to services designed to help the minor attain competency, unless the court finds that competency cannot be achieved within the foreseeable future. The court may also refer the minor to treatment services to assist in remediation that may include, but are not limited to, mental health services, treatment for trauma, medically supervised medication, behavioral counseling, curriculum-based legal education, or training in socialization skills, consistent with any laws requiring consent. Service providers and evaluators shall adhere to the standards stated in this section and the California Rules of Court. Services shall be provided in the least restrictive environment consistent with public safety, as determined by the court. A finding of incompetency alone shall not be the basis for secure confinement. The minor shall be returned to court at the earliest possible date. The court shall review remediation services at least every 30 calendar days for minors in custody and every 45 calendar days for minors out of custody prior to the expiration of the total remediation period specified in paragraph (3) of subdivision (h). If the minor is in custody, the county mental health department shall provide the court with suitable alternatives for the continued delivery of remediation services upon release from custody as part of the court’s review of remediation services. The court shall consider appropriate alternatives to juvenile hall confinement, including, but not limited to, all of the following: (A) Placement through regional centers. (B) Short-term residential therapeutic programs. (C) Crisis residential programs. (D) Civil commitment. (E) Foster care, relative placement, or other nonsecure placement. (F) Other residential treatment programs. (2) The court may make any orders necessary to assist with the delivery of remediation services in an alternative setting to secure confinement. (h) (1) Within six months of the initial receipt of a recommendation by the designated person or entity, the court shall hold an evidentiary hearing on whether the minor is remediated or is able to be remediated unless the parties stipulate to, or agree to the recommendation of, the remediation program. If the recommendation is that the minor has attained competency, and if the minor disputes that recommendation, the burden is on the minor to prove by a preponderance of evidence that he or she remains incompetent. If the recommendation is that the minor is unable to be remediated and if the prosecutor disputes that recommendation, the burden is on the prosecutor to prove by a preponderance of evidence that the minor is remediable. If the prosecution contests the evaluation of continued incompetence, the minor shall be presumed incompetent and the prosecution shall have the burden to prove by a preponderance of evidence that the minor is competent. The provisions of subdivision (c) shall apply at this stage of the proceedings. (2) If the court finds that the minor has been remediated, the court shall reinstate the proceedings. (3) If the court finds that the minor has not yet been remediated, but is likely to be remediated within six months, the court shall order the minor to return to the remediation program. However, the total remediation period shall not exceed one year from the finding of incompetency and secure confinement shall not exceed the limit specified in subparagraph (A) of paragraph (5). (4) If the court finds that the minor will not achieve competency within six months, the court shall dismiss the petition. The court may invite persons and agencies with information about the minor, including, but not limited to, the minor and the minor’s attorney, the probation department, parents, guardians, or relative caregivers, mental health treatment professionals, the public guardian, educational rights holders, education providers, and social services agencies, to the dismissal hearing to discuss any services that may be available to the minor after jurisdiction is terminated. If appropriate, the court shall refer the minor for evaluation pursuant to Article 6 (commencing with Section 5300) of Chapter 2 of Part 1 of Division 5 or Article 3 (commencing with Section 6550) of Chapter 2 of Part 2 of Division 6. (5) (A) Secure confinement shall not extend beyond six months from the finding of incompetence, except as provided in this section. In making that determination, the court shall consider all of the following: (i) Where the minor will have the best chance of obtaining competence. (ii) Whether the placement is the least restrictive setting appropriate for the minor. (iii) Whether alternatives to secure confinement have been identified and pursued and why alternatives are not available or appropriate. (iv) Whether the placement is necessary for the safety of the minor or others. (B) If the court determines, upon consideration of these factors, that it is in the best interests of the minor and the public’s safety for the minor to remain in secure confinement, the court shall state the reasons on the record. (C) Only in cases where the petition involves an offense listed in subdivision (b) of Section 707 may the court consider whether it is necessary and in the best interests of the minor and the public’s safety to order secure confinement of a minor for up to an additional year, not to exceed 18 months from the finding of incompetence. (i) The presiding judge of the juvenile court, the probation department, the county mental health department, the public defender and any other entity that provides representation for minors, the district attorney, the regional center, if appropriate, and any other participants that the presiding judge shall designate, shall develop a written protocol describing the competency process and a program to ensure that minors who are found incompetent receive appropriate remediation services. (Amended by Stats. 2019, Ch. 161, Sec. 1. (AB 439) Effective July 31, 2019.)
  130. 710.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 17. Wards—Hearings [675 - 714] ( Heading of Article 17 renumbered from Article 8 by Stats. 1976, Ch. 1068. )

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    Counties may set up certain juvenile court programs, and related grant money may be used only for mental health assessment, treatment, and evaluation services.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 17. Wards—Hearings [675 - 714] ( Heading of Article 17 renumbered from Article 8 by Stats. 1976, Ch. 1068. ) ## 710. (a) Sections 711, 712, and 713 shall not be applicable in a county unless the application of those sections in the county has been approved by a resolution adopted by the board of supervisors. A county may establish a program pursuant to Section 711, 712, or 713, or pursuant to two or all three of those sections, on a permanent basis, or it may establish the program on a limited duration basis for a specific number of years. Moneys from a grant from the Mental Health Services Act used to fund a program pursuant to Section 711, 712, or 713 may be used only for services related to mental health assessment, treatment, and evaluation. (b) It is the intent of the Legislature that in a county where funding exists through the Mental Health Services Act, and the board of supervisors has adopted a resolution pursuant to subdivision (a), the courts may, under the guidelines established in Section 711, make available the evaluation described in Section 712, and receive treatment and placement recommendations from the multidisciplinary assessment team as described in Section 713. (Added by Stats. 2005, Ch. 265, Sec. 3. Effective January 1, 2006.)
  131. 7100.

    ## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 1. County Psychiatric Hospitals [7100 - 7107] ( Heading of Chapter 1 renumbered from Chapter 2 by Stats. 1979, Ch. 373. )

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    County boards may maintain or contract for psychiatric facilities and services, and the relevant state departments can approve those facilities while inspecting them.

    ## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 1. County Psychiatric Hospitals [7100 - 7107] ( Heading of Chapter 1 renumbered from Chapter 2 by Stats. 1979, Ch. 373. ) ## 7100. (a) The board of supervisors of each county may maintain in the county hospital or in any other hospital situated within or without the county or in any other psychiatric health facility situated within or without the county, suitable facilities and nonhospital or hospital service for the detention, supervision, care, and treatment of persons who have a mental health disorder or a developmental disability, or who are alleged to be such. (b) The county may contract with public or private hospitals for those facilities and hospital service when they are not suitably available in an institution, psychiatric facility, or establishment maintained or operated by the county. (c) The facilities and services for persons who have, or are alleged to have, a mental health disorder shall be subject to the approval of the State Department of Health Care Services, and the facilities and services for persons who have, or are alleged to have, a developmental disability shall be subject to the approval of the State Department of Developmental Services. The professional person having charge and control of the hospital or psychiatric health facility shall allow the department whose approval is required to make investigations thereof as it deems necessary at any time. (d) Nothing in this chapter means that persons who have a mental health disorder or a developmental disability may not be detained, supervised, cared for, or treated, subject to the right of inquiry or investigation by the department, in their own homes, or the homes of their relatives or friends, or in a licensed establishment. (Amended by Stats. 2014, Ch. 144, Sec. 113. (AB 1847) Effective January 1, 2015.)
  132. 7101.

    ## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 1. County Psychiatric Hospitals [7100 - 7107] ( Heading of Chapter 1 renumbered from Chapter 2 by Stats. 1979, Ch. 373. )

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    This section defines “county psychiatric hospital” for this chapter as a hospital, ward, or facility provided by the county under Section 7100.

    ## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 1. County Psychiatric Hospitals [7100 - 7107] ( Heading of Chapter 1 renumbered from Chapter 2 by Stats. 1979, Ch. 373. ) ## 7101. As used in this chapter “county psychiatric hospital” means the hospital, ward, or facility provided by the county pursuant to the provisions of Section 7100. (Added by Stats. 1967, Ch. 1667.)
  133. 7102.

    ## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 1. County Psychiatric Hospitals [7100 - 7107] ( Heading of Chapter 1 renumbered from Chapter 2 by Stats. 1979, Ch. 373. )

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    The superintendent or person in charge of a county psychiatric hospital may receive, detain, supervise, care for, or treat certain people in the hospital.

    ## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 1. County Psychiatric Hospitals [7100 - 7107] ( Heading of Chapter 1 renumbered from Chapter 2 by Stats. 1979, Ch. 373. ) ## 7102. The superintendent or person in charge of the county psychiatric hospital, may receive, detain, supervise, care for or treat in the hospital any person who comes within any of the following descriptions: (a) Who has been placed therein pursuant to a court order or court commitment under the provisions of this code or the Penal Code. (b) Who has been placed therein pursuant to the provisions of Part 1 of Division 5 of this code. (Added by Stats. 1967, Ch. 1667.)
  134. 7103.

    ## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 1. County Psychiatric Hospitals [7100 - 7107] ( Heading of Chapter 1 renumbered from Chapter 2 by Stats. 1979, Ch. 373. )

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    The superintendent or person in charge of a county psychiatric hospital may admit and provide care and treatment for certain people who meet the listed written-application conditions.

    ## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 1. County Psychiatric Hospitals [7100 - 7107] ( Heading of Chapter 1 renumbered from Chapter 2 by Stats. 1979, Ch. 373. ) ## 7103. The superintendent or person in charge of the county psychiatric hospital may admit and provide care and treatment in the hospital for any person who comes within the following descriptions: (a) Who voluntarily makes a written application as provided in Chapter 1 (commencing with Section 6000) of Part 1 of Division 6 of this code. (b) Who is a conservatee and has written application made in his behalf by his conservator. (Added by Stats. 1967, Ch. 1667.)
  135. 7104.

    ## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 1. County Psychiatric Hospitals [7100 - 7107] ( Heading of Chapter 1 renumbered from Chapter 2 by Stats. 1979, Ch. 373. )

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    Certain detained adults and minors can be exempt from medical or psychiatric treatment if the required statement or affidavit is filed with the superintendent.

    ## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 1. County Psychiatric Hospitals [7100 - 7107] ( Heading of Chapter 1 renumbered from Chapter 2 by Stats. 1979, Ch. 373. ) ## 7104. Any adult person detained in such hospital, who is in such condition of mind as to render him competent to make such application shall at his request be exempt from medical or psychiatric treatment, upon filing with the superintendent a statement that he depends upon prayer or spiritual means for healing in the practice of the religion of a well-recognized religious church, sect, denomination, or organization. In case of an adult not found to be in such condition of mind, a similar statement may be filed on his behalf by another and thereupon similar exemption shall be granted. Any minor detained in such hospital shall be exempt from medical or psychiatric treatment if his parent or guardian or conservator shall file with said superintendent an affidavit stating that he relies upon prayer or spiritual means for healing in the practice of the religion of a well-recognized religious church, sect, denomination or organization. (Amended by Stats. 1979, Ch. 730.)
  136. 7105.

    ## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 1. County Psychiatric Hospitals [7100 - 7107] ( Heading of Chapter 1 renumbered from Chapter 2 by Stats. 1979, Ch. 373. )

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    A county psychiatric hospital superintendent or person in charge may discharge a patient who is not suitable for treatment there.

    ## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 1. County Psychiatric Hospitals [7100 - 7107] ( Heading of Chapter 1 renumbered from Chapter 2 by Stats. 1979, Ch. 373. ) ## 7105. A superintendent or person in charge of the county psychiatric hospital may discharge any patient who is not a proper case for treatment therein. (Added by Stats. 1967, Ch. 1667.)
  137. 7106.

    ## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 1. County Psychiatric Hospitals [7100 - 7107] ( Heading of Chapter 1 renumbered from Chapter 2 by Stats. 1979, Ch. 373. )

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    A county psychiatric hospital may be reimbursed from a patient’s property, or the property of the person legally liable for the patient’s maintenance, for the county’s charges. The county board of supervisors must set the charge schedule used for that reimbursement.

    ## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 1. County Psychiatric Hospitals [7100 - 7107] ( Heading of Chapter 1 renumbered from Chapter 2 by Stats. 1979, Ch. 373. ) ## 7106. In case a county psychiatric hospital patient or the person legally liable for his maintenance is or becomes the owner of property, real, personal, or mixed, the county furnishing such care, treatment, or observation, shall be reimbursed therefrom for its charges. The board of supervisors of the county shall fix and determine a schedule of charges for the care, treatment, or observation of such patients, and reimbursement to the county shall be made upon the basis of the charges so fixed. (Added by Stats. 1967, Ch. 1667.)
  138. 7107.

    ## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 1. County Psychiatric Hospitals [7100 - 7107] ( Heading of Chapter 1 renumbered from Chapter 2 by Stats. 1979, Ch. 373. )

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    Certain county psychiatric hospital staff and public officials are immune from criminal liability for admissions, detention, care, or treatment done under this chapter.

    ## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 1. County Psychiatric Hospitals [7100 - 7107] ( Heading of Chapter 1 renumbered from Chapter 2 by Stats. 1979, Ch. 373. ) ## 7107. Any superintendent or person in charge of the county psychiatric hospital, and any public officer, public employee, or public physician who either admits, causes to be admitted, delivers, or assists in delivering, detains, cares for, or treats, or assists in detaining, caring for or treating, any person pursuant to this chapter shall not be rendered criminally liable thereby. (Added by Stats. 1967, Ch. 1667.)
  139. 711.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 17. Wards—Hearings [675 - 714] ( Heading of Article 17 renumbered from Article 8 by Stats. 1976, Ch. 1068. )

    Verify source ↗

    The court may order a minor referred for evaluation if certain concerns appear, and a minor may decline that referral with counsel’s approval.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 17. Wards—Hearings [675 - 714] ( Heading of Article 17 renumbered from Article 8 by Stats. 1976, Ch. 1068. ) ## 711. (a) When it appears to the court, or upon request of the prosecutor or counsel for the minor, at any time, that a minor who is alleged to come within the jurisdiction of the court under Section 602, may have a serious mental disorder, is seriously emotionally disturbed, or has a developmental disability, the court may order that the minor be referred for evaluation, as described in Section 712. (b) A minor, with the approval of his or her counsel, may decline the referral for mental health evaluation described in Section 712 or the multidisciplinary team review described in Section 713, in which case the matter shall proceed without the application of Sections 712 and 713, and in accordance with all other applicable provisions of law. (Added by Stats. 2005, Ch. 265, Sec. 4. Effective January 1, 2006.)
  140. 712.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 17. Wards—Hearings [675 - 714] ( Heading of Article 17 renumbered from Article 8 by Stats. 1976, Ch. 1068. )

    Verify source ↗

    When the court orders an evaluation of a minor, the selected evaluator must examine the minor, do appropriate screening or testing, and file a written report with the court on time.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 17. Wards—Hearings [675 - 714] ( Heading of Article 17 renumbered from Article 8 by Stats. 1976, Ch. 1068. ) ## 712. (a) The evaluation ordered by the court under Section 711 shall be made, in accordance with the provisions of Section 741 and Division 4.5 (commencing with Section 4500), by either of the following, as applicable: (1) For minors suspected to be developmentally disabled, by the director of a regional center or his or her designee, pursuant to paragraph (7) of subdivision (b) of Section 709. (2) For all other minors, by an appropriate and licensed mental health professional who meets one or more of the following criteria: (A) The person is licensed to practice medicine in the State of California and is trained and actively engaged in the practice of psychiatry. (B) The person is licensed as a psychologist under Chapter 6.6 (commencing with Section 2900) of Division 2 of the Business and Professions Code. (b) The evaluator selected by the court shall personally examine the minor, conduct appropriate psychological or mental health screening, assessment, or testing, according to a uniform protocol developed by the county mental health department, and prepare and submit to the court a written report indicating his or her findings and recommendations to guide the court in determining whether the minor has a serious mental disorder or is seriously emotionally disturbed, as described in Section 5600.3. If the minor is detained, the examination shall occur within three court days of the court’s order of referral for evaluation, and the evaluator’s report shall be submitted to the court not later than five court days after the evaluator has personally examined the minor, unless the submission date is extended by the court for good cause shown. (c) Based on the written report by the evaluator or the regional center, the court shall determine whether the minor has a serious mental disorder or is seriously emotionally disturbed, as described in Section 5600.3, or has a developmental disability, as defined in Section 4512. If the court determines that the minor has a serious mental disorder, is seriously emotionally disturbed, or has a developmental disability, the case shall proceed as described in Section 713. If the court determines that the minor does not have a serious mental disorder, is not seriously emotionally disturbed, or does not have a developmental disability, the matter shall proceed without the application of Section 713 and in accordance with all other applicable provisions of law. (d) This section shall not be construed to interfere with the legal authority of the juvenile court or of any other public or private agency or individual to refer a minor for mental health evaluation or treatment as provided in Section 370, 635.1, 704, 741, 5150, 5694.7, 5699.2, 5867.5, or 6551 of this code, or in Section 4011.6 of the Penal Code. (Amended by Stats. 2018, Ch. 991, Sec. 3. (AB 1214) Effective January 1, 2019.)
  141. 713.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 17. Wards—Hearings [675 - 714] ( Heading of Article 17 renumbered from Article 8 by Stats. 1976, Ch. 1068. )

    Verify source ↗

    This section requires a multidisciplinary review before disposition for certain wards who have specified mental or developmental conditions, and it directs the court to use that review when making placement decisions.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 17. Wards—Hearings [675 - 714] ( Heading of Article 17 renumbered from Article 8 by Stats. 1976, Ch. 1068. ) ## 713. (a) For any minor described in Section 711 who is determined by the court under Section 712 to be seriously emotionally disturbed, have a serious mental disorder, or have a developmental disability, and who is adjudicated a ward of the court under Section 602, the dispositional procedures set forth in this section shall apply. (b) Prior to the preparation of the social study required under Section 706, 706.5, or 706.6, the minor shall be referred to a multidisciplinary team for dispositional review and recommendation. The multidisciplinary team shall consist of qualified persons who are collectively able to evaluate the minor’s full range of treatment needs and may include representatives from local probation, mental health, regional centers, regional resource development projects, child welfare, education, community-based youth services, and other agencies or service providers. The multidisciplinary team shall include at least one licensed mental health professional as described in subdivision (a) of Section 712. If the minor has been determined to have both a mental disorder and a developmental disorder, the multidisciplinary team may include both an appropriate mental health agency and a regional center. (c) The multidisciplinary team shall review the nature and circumstances of the case, including the minor’s family circumstances, as well as the minor’s relevant tests, evaluations, records, medical and psychiatric history, and any existing individual education plan or individual program plans. The multidisciplinary team shall provide for the involvement of the minor’s available parent, guardian, or primary caretaker in its review, including any direct participation in multidisciplinary team proceedings as may be helpful or appropriate for development of a treatment plan in the case. The team shall identify the mental health or other treatment services, including in-home and community-based services that are available and appropriate for the minor, including services that may be available to the minor under federal and state programs and initiatives, such as wraparound service programs. At the conclusion of its review, the team shall then produce a recommended disposition and written treatment plan for the minor, to be appended to, or incorporated into, the probation social study presented to the court. (d) The court shall review the treatment plan and the dispositional recommendations prepared by the multidisciplinary team and shall take them into account when making the dispositional order in the case. The dispositional order in the case shall be consistent with the protection of the public and the primary treatment needs of the minor as identified in the report of the multidisciplinary team. The minor’s disposition order shall incorporate, to the extent feasible, the treatment plan submitted by the multidisciplinary team, with any adjustments deemed appropriate by the court. (e) The dispositional order in the case shall authorize placement of the minor in the least restrictive setting that is consistent with the protection of the public and the minor’s treatment needs, and with the treatment plan approved by the court. The court shall, in making the dispositional order, give preferential consideration to the return of the minor to the home of his or her family, guardian, or responsible relative with appropriate in-home, outpatient, or wraparound services, unless that action would be, in the reasonable judgment of the court, inconsistent with the need to protect the public or the minor, or with the minor’s treatment needs. (f) Whenever a minor is recommended for placement at a state developmental center, the regional center director or designee shall submit a report to the Director of the Department of Developmental Services or his or her designee. The regional center report shall include the assessments, individual program plan, and a statement describing the necessity for a developmental center placement. The Director of Developmental Services or his or her designee may, within 60 days of receiving the regional center report, submit to the court a written report evaluating the ability of an alternative community option or a developmental center to achieve the purposes of treatment for the minor and whether a developmental center placement can adequately provide the security measures or systems required to protect the public health and safety from the potential dangers posed by the minor’s known behaviors. (Added by Stats. 2005, Ch. 265, Sec. 6. Effective January 1, 2006.)
  142. 714.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 17. Wards—Hearings [675 - 714] ( Heading of Article 17 renumbered from Article 8 by Stats. 1976, Ch. 1068. )

    Verify source ↗

    A regional center does not have to provide assessments or services to minors just because a court found the minor developmentally disabled, but it may join multidisciplinary teams and must follow regional-center procedures when it does provide an assessment.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 17. Wards—Hearings [675 - 714] ( Heading of Article 17 renumbered from Article 8 by Stats. 1976, Ch. 1068. ) ## 714. A regional center, as described in Chapter 5 (commencing with Section 4620) of Division 4.5, shall not be required to provide assessments or services to minors pursuant to Section 711, 712, or 713 solely on the basis of a finding by the court under subdivision (c) of Section 712 that the minor is developmentally disabled. Regional center representatives may, at their option and on a case-by-case basis, participate in the multidisciplinary teams described in Section 713. However, any assessment provided by or through a regional center to a minor determined by the court to be developmentally disabled under subdivision (c) of Section 712 shall be provided in accordance with the provisions and procedures in Chapter 5 (commencing with Section 4620) of Division 4.5 that relate to regional centers. (Added by Stats. 2005, Ch. 265, Sec. 7. Effective January 1, 2006.)
  143. 7200.

    ## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. State Hospitals for the Mentally Disordered [7200 - 7375] ( Heading of Chapter 2 renumbered from Chapter 3 by Stats. 1979, Ch. 373. ) ## ARTICLE 1. Establishment and General Government [7200 - 7207] ( Article 1 added by Stats. 1967, Ch. 1667. )

    Verify source ↗

    This section lists the state hospitals for the care, treatment, and education of mentally disordered persons.

    ## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. State Hospitals for the Mentally Disordered [7200 - 7375] ( Heading of Chapter 2 renumbered from Chapter 3 by Stats. 1979, Ch. 373. ) ## ARTICLE 1. Establishment and General Government [7200 - 7207] ( Article 1 added by Stats. 1967, Ch. 1667. ) ## 7200. There are in the state the following state hospitals for the care, treatment, and education of the mentally disordered: (a) Metropolitan State Hospital near the City of Norwalk, Los Angeles County. (b) Atascadero State Hospital near the City of Atascadero, San Luis Obispo County. (c) Napa State Hospital near the City of Napa, Napa County. (d) Patton State Hospital near the City of San Bernardino, San Bernardino County. (e) Coalinga State Hospital near the City of Coalinga, Fresno County. (f) Any other State Department of State Hospitals facility subject to available funding by the Legislature. (Amended by Stats. 2014, Ch. 718, Sec. 7. (AB 1340) Effective January 1, 2015.)
  144. 7200.06.

    ## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. State Hospitals for the Mentally Disordered [7200 - 7375] ( Heading of Chapter 2 renumbered from Chapter 3 by Stats. 1979, Ch. 373. ) ## ARTICLE 1. Establishment and General Government [7200 - 7207] ( Article 1 added by Stats. 1967, Ch. 1667. )

    Verify source ↗

    After the perimeter fence is finished at Napa State Hospital, certain Penal Code patients may not be placed outside the fences except in the general acute care and skilled nursing units, and the state department must keep those units appropriately secure.

    ## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. State Hospitals for the Mentally Disordered [7200 - 7375] ( Heading of Chapter 2 renumbered from Chapter 3 by Stats. 1979, Ch. 373. ) ## ARTICLE 1. Establishment and General Government [7200 - 7207] ( Article 1 added by Stats. 1967, Ch. 1667. ) ## 7200.06. (a) After construction of the perimeter security fence is completed at Napa State Hospital, no patient whose placement has been required pursuant to the Penal Code shall be placed outside the perimeter security fences, with the exception of placements in the general acute care and skilled nursing units. The State Department of State Hospitals shall ensure that appropriate security measures are in place for the general acute care and skilled nursing units. (b) Any alteration to the security perimeter structure or policies shall be made in conjunction with representatives of the City of Napa, the County of Napa, and local law enforcement agencies. (Amended by Stats. 2016, Ch. 33, Sec. 53. (SB 843) Effective June 27, 2016.)
  145. 7200.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. State Hospitals for the Mentally Disordered [7200 - 7375] ( Heading of Chapter 2 renumbered from Chapter 3 by Stats. 1979, Ch. 373. ) ## ARTICLE 1. Establishment and General Government [7200 - 7207] ( Article 1 added by Stats. 1967, Ch. 1667. )

    Verify source ↗

    The children’s treatment center at Camarillo State Hospital is renamed the Norbert I. Rieger Children’s Treatment Center.

    ## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. State Hospitals for the Mentally Disordered [7200 - 7375] ( Heading of Chapter 2 renumbered from Chapter 3 by Stats. 1979, Ch. 373. ) ## ARTICLE 1. Establishment and General Government [7200 - 7207] ( Article 1 added by Stats. 1967, Ch. 1667. ) ## 7200.5. The children’s treatment center at Camarillo State Hospital shall be known as the Norbert I. Rieger Children’s Treatment Center. (Added by Stats. 1973, Ch. 80.)
  146. 7201.

    ## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. State Hospitals for the Mentally Disordered [7200 - 7375] ( Heading of Chapter 2 renumbered from Chapter 3 by Stats. 1979, Ch. 373. ) ## ARTICLE 1. Establishment and General Government [7200 - 7207] ( Article 1 added by Stats. 1967, Ch. 1667. )

    Verify source ↗

    State hospitals and developmental services institutions must follow their department’s uniform rules, and certain state-institution administration provisions also apply to them.

    ## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. State Hospitals for the Mentally Disordered [7200 - 7375] ( Heading of Chapter 2 renumbered from Chapter 3 by Stats. 1979, Ch. 373. ) ## ARTICLE 1. Establishment and General Government [7200 - 7207] ( Article 1 added by Stats. 1967, Ch. 1667. ) ## 7201. All of the institutions under the jurisdiction of the State Department of State Hospitals shall be governed by the uniform rules and regulations of the State Department of State Hospitals and all of the provisions of Part 2 (commencing with Section 4100) of Division 4 of this code on the administration of state institutions serving persons with mental health disorders shall apply to the conduct and management of the state hospitals. All of the institutions under the jurisdiction of the State Department of Developmental Services shall be governed by the uniform rules and regulations of the State Department of Developmental Services and, except as provided in Chapter 4 (commencing with Section 7500) of this division, all of the provisions of Part 2 (commencing with Section 4440) of Division 4.1 of this code on the administration of state institutions serving persons with developmental disabilities shall apply to the conduct and management of the state hospitals for persons with developmental disabilities. (Amended by Stats. 2014, Ch. 144, Sec. 115. (AB 1847) Effective January 1, 2015.)
  147. 7202.

    ## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. State Hospitals for the Mentally Disordered [7200 - 7375] ( Heading of Chapter 2 renumbered from Chapter 3 by Stats. 1979, Ch. 373. ) ## ARTICLE 1. Establishment and General Government [7200 - 7207] ( Article 1 added by Stats. 1967, Ch. 1667. )

    Verify source ↗

    The State Department of State Hospitals must regularly consult the Napa State Hospital Task Force on proposed changes to Napa State Hospital that may affect the Napa community.

    ## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. State Hospitals for the Mentally Disordered [7200 - 7375] ( Heading of Chapter 2 renumbered from Chapter 3 by Stats. 1979, Ch. 373. ) ## ARTICLE 1. Establishment and General Government [7200 - 7207] ( Article 1 added by Stats. 1967, Ch. 1667. ) ## 7202. The State Department of State Hospitals shall regularly consult with the Napa State Hospital Task Force, which consists of local community representatives, on proposed policy or structural modifications to Napa State Hospital that may affect the Napa community, including, but not limited to, all of the following: (a) Changes in the patient population mix. (b) Construction of, or significant alterations to, facility structures. (c) Changes in the hospital security plan. (Amended by Stats. 2012, Ch. 24, Sec. 153. (AB 1470) Effective June 27, 2012.)
  148. 7203.

    ## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. State Hospitals for the Mentally Disordered [7200 - 7375] ( Heading of Chapter 2 renumbered from Chapter 3 by Stats. 1979, Ch. 373. ) ## ARTICLE 1. Establishment and General Government [7200 - 7207] ( Article 1 added by Stats. 1967, Ch. 1667. )

    Verify source ↗

    The Director of General Services may grant easements and rights-of-way over Patton State Hospital property to the San Bernardino Unified School District or the County of San Bernardino.

    ## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. State Hospitals for the Mentally Disordered [7200 - 7375] ( Heading of Chapter 2 renumbered from Chapter 3 by Stats. 1979, Ch. 373. ) ## ARTICLE 1. Establishment and General Government [7200 - 7207] ( Article 1 added by Stats. 1967, Ch. 1667. ) ## 7203. The Director of General Services may grant to the San Bernardino Unified School District or to the County of San Bernardino under such terms, conditions, and restrictions as he deems to be for the best interests of the state, the necessary easements and rights-of-way over and across the Patton State Hospital property for all purposes of a public or private road. The right-of-way shall be across, along, and upon the following described property: The westerly 33 feet of Lot 2 of Block 60 of Rancho San Bernardino as recorded in Book 7 of Maps, page 2, Records of San Bernardino County, State of California, saving and excepting the southerly 40 rods thereof. (Added by Stats. 1967, Ch. 1667.)
  149. 7204.

    ## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. State Hospitals for the Mentally Disordered [7200 - 7375] ( Heading of Chapter 2 renumbered from Chapter 3 by Stats. 1979, Ch. 373. ) ## ARTICLE 1. Establishment and General Government [7200 - 7207] ( Article 1 added by Stats. 1967, Ch. 1667. )

    Verify source ↗

    Patients placed under the Penal Code may earn grounds privileges or passes at state hospitals, but off-ground privileges or passes may not be granted. If such a patient leaves the hospital for any reason other than discharge, staff must accompany the patient at all times.

    ## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. State Hospitals for the Mentally Disordered [7200 - 7375] ( Heading of Chapter 2 renumbered from Chapter 3 by Stats. 1979, Ch. 373. ) ## ARTICLE 1. Establishment and General Government [7200 - 7207] ( Article 1 added by Stats. 1967, Ch. 1667. ) ## 7204. (a) Grounds privileges or passes may be earned by patients, whose placement has been required pursuant to the Penal Code, at all state hospitals. Grounds privileges shall be restricted to areas of the state hospital that are designated as secured campus areas. (b) Off-ground privileges or passes shall not be granted to patients, whose placement has been required pursuant to the Penal Code, at state hospitals. When a patient whose placement has been required pursuant to the Penal Code leaves a state hospital for any purpose other than discharge, the patient shall be accompanied by staff at all times. (Added by Stats. 1997, Ch. 294, Sec. 44. Effective August 18, 1997.)
  150. 7205.

    ## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. State Hospitals for the Mentally Disordered [7200 - 7375] ( Heading of Chapter 2 renumbered from Chapter 3 by Stats. 1979, Ch. 373. ) ## ARTICLE 1. Establishment and General Government [7200 - 7207] ( Article 1 added by Stats. 1967, Ch. 1667. )

    Verify source ↗

    The Director of General Services may transfer the described state property to the City of Costa Mesa, subject to stated conditions.

    ## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. State Hospitals for the Mentally Disordered [7200 - 7375] ( Heading of Chapter 2 renumbered from Chapter 3 by Stats. 1979, Ch. 373. ) ## ARTICLE 1. Establishment and General Government [7200 - 7207] ( Article 1 added by Stats. 1967, Ch. 1667. ) ## 7205. The Director of General Services with the consent of the State Department of Developmental Services is hereby authorized to transfer to the City of Costa Mesa and to convey to said city all of the state’s rights, title and interest, and upon such terms and conditions and with such reservations and exceptions as in the opinion of the Director of General Services may be in the best interest of the state, and subject to such use or uses as may be agreed upon by the city and the State Department of Developmental Services with the approval of the Director of General Services, in all or any part of the real property consisting of approximately five acres lying at the southwest corner of the Fairview State Hospital property in Orange County, being a parcel of land lying within Lot A of the Banning Tract, in the Rancho Santiago de Santa Ana, City of Orange, State of California, as shown on a map of said tract filed in action No. 6385 in the Superior Court of the State of California in and for the City of Los Angeles, being an action for partition entitled Hancock Banning et al. vs. Mary H. Banning, more particularly described as follows: Beginning at the most southeasterly corner of Parcel G as shown on a record of survey filed in Book 53, pages 34 through 36, of records of Surveys in the office of the County Recorder of Orange County, California; thence along the boundary of said Parcel G northwesterly along a curve concave southwesterly having a radius of 540.00 feet through a central angle of 23 degrees, 01 minutes, 33 seconds, an arc distance of 217.01 feet, thence north 34 degrees, 32 minutes, 30 seconds west, 97.50 feet to a point on a line parallel with and 280.00 feet measured at right angles northerly of the north line of Fairview Farms as shown on said record of Survey; thence departing from the boundary of said Parcel G north 89 degrees, 27 minutes, 30 seconds east along said parallel line 936.97 feet; thence south 0 degrees, 32 minutes, 30 seconds east, 280.00 feet to said north line of Fairview Farms; thence south 89 degrees, 27 minutes, 30 seconds, west, 800.00 feet to the point of beginning. The conveyance of such property shall be subject to the following conditions: (a) There shall be excepted and reserved in the state all deposits of minerals, including oil and gas, in the property and to the state, or persons authorized by the state, the right to prospect for, mine, and remove such deposits from the property. (b) If the city shall cease to use the property for public purposes, all right, title, and interest of the county in and to the property shall cease and the property shall revert and rest in the state. (Amended by Stats. 1977, Ch. 1252.)
  151. 7206.

    ## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. State Hospitals for the Mentally Disordered [7200 - 7375] ( Heading of Chapter 2 renumbered from Chapter 3 by Stats. 1979, Ch. 373. ) ## ARTICLE 1. Establishment and General Government [7200 - 7207] ( Article 1 added by Stats. 1967, Ch. 1667. )

    Verify source ↗

    The Director of General Services may grant a road right-of-way to San Bernardino County over part of Patton State Hospital property, with the Director of State Hospitals’ consent.

    ## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. State Hospitals for the Mentally Disordered [7200 - 7375] ( Heading of Chapter 2 renumbered from Chapter 3 by Stats. 1979, Ch. 373. ) ## ARTICLE 1. Establishment and General Government [7200 - 7207] ( Article 1 added by Stats. 1967, Ch. 1667. ) ## 7206. Notwithstanding the provisions of Section 4444, the Director of General Services, with the consent of the Director of State Hospitals, may grant a right-of-way for road purposes to the County of San Bernardino over and along a portion of the Patton State Hospital property adjacent to Arden Way and Pacific Street upon such terms and conditions and with such reservations and exceptions as in the opinion of the Director of General Services will be for the best interests of the state. (Amended by Stats. 2012, Ch. 24, Sec. 154. (AB 1470) Effective June 27, 2012.)
  152. 7207.

    ## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. State Hospitals for the Mentally Disordered [7200 - 7375] ( Heading of Chapter 2 renumbered from Chapter 3 by Stats. 1979, Ch. 373. ) ## ARTICLE 1. Establishment and General Government [7200 - 7207] ( Article 1 added by Stats. 1967, Ch. 1667. )

    Verify source ↗

    The Director of General Services may grant easements and rights-of-way to the Regents of the University of California, but only with the State Department of State Hospitals’ consent and on terms the Director considers in the state’s best interest.

    ## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. State Hospitals for the Mentally Disordered [7200 - 7375] ( Heading of Chapter 2 renumbered from Chapter 3 by Stats. 1979, Ch. 373. ) ## ARTICLE 1. Establishment and General Government [7200 - 7207] ( Article 1 added by Stats. 1967, Ch. 1667. ) ## 7207. The Director of General Services, with the consent of the State Department of State Hospitals, may grant to the Regents of the University of California, upon such terms, conditions, and with such reservations and exceptions as in the opinion of the Director of General Services may be for the best interest of the state, the necessary easements and rights-of-way for a utilities relocation and campus access road on the Langley Porter Neuropsychiatric Institute property. The right-of-way shall be across, along and upon the following described property: A strip of land approximately 40´ in width extending from the southerly line of Parnassus Avenue beginning at a point on the southerly boundary of Parnassus Avenue 331´ from the westerly boundary of said parcel of land described by deed dated October 1, 1940, and extending in a southerly direction to the south boundary of Langley Porter property. (Amended by Stats. 2012, Ch. 24, Sec. 155. (AB 1470) Effective June 27, 2012.)
  153. 7225.

    ## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. State Hospitals for the Mentally Disordered [7200 - 7375] ( Heading of Chapter 2 renumbered from Chapter 3 by Stats. 1979, Ch. 373. ) ## ARTICLE 2. Admission [7225 - 7234] ( Article 2 added by Stats. 1967, Ch. 1667. )

    Verify source ↗

    Patients admitted to a state hospital must be duly committed or transferred there and must follow the department’s and hospital’s general rules, unless otherwise provided.

    ## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. State Hospitals for the Mentally Disordered [7200 - 7375] ( Heading of Chapter 2 renumbered from Chapter 3 by Stats. 1979, Ch. 373. ) ## ARTICLE 2. Admission [7225 - 7234] ( Article 2 added by Stats. 1967, Ch. 1667. ) ## 7225. Except as otherwise provided, all patients admitted to a state hospital shall be duly committed or transferred thereto, and shall be subject to the general rules and regulations of the department and of the hospital. (Added by Stats. 1967, Ch. 1667.)
  154. 7226.

    ## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. State Hospitals for the Mentally Disordered [7200 - 7375] ( Heading of Chapter 2 renumbered from Chapter 3 by Stats. 1979, Ch. 373. ) ## ARTICLE 2. Admission [7225 - 7234] ( Article 2 added by Stats. 1967, Ch. 1667. )

    Verify source ↗

    The State Department of State Hospitals may admit qualified soldiers or sailors to a state hospital if there is room and the admission terms are agreed with authorized U.S. representatives.

    ## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. State Hospitals for the Mentally Disordered [7200 - 7375] ( Heading of Chapter 2 renumbered from Chapter 3 by Stats. 1979, Ch. 373. ) ## ARTICLE 2. Admission [7225 - 7234] ( Article 2 added by Stats. 1967, Ch. 1667. ) ## 7226. The State Department of State Hospitals may admit to any state hospital, if there is room therein, any soldier or sailor in the service of the United States who has a mental health disorder on terms agreed upon between the department and the properly authorized agents, officers, or representatives of the United States government. (Amended by Stats. 2014, Ch. 144, Sec. 116. (AB 1847) Effective January 1, 2015.)
  155. 7227.

    ## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. State Hospitals for the Mentally Disordered [7200 - 7375] ( Heading of Chapter 2 renumbered from Chapter 3 by Stats. 1979, Ch. 373. ) ## ARTICLE 2. Admission [7225 - 7234] ( Article 2 added by Stats. 1967, Ch. 1667. )

    Verify source ↗

    Prisoners with mental health disorders in state prisons must be admitted to state hospitals according to the Penal Code.

    ## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. State Hospitals for the Mentally Disordered [7200 - 7375] ( Heading of Chapter 2 renumbered from Chapter 3 by Stats. 1979, Ch. 373. ) ## ARTICLE 2. Admission [7225 - 7234] ( Article 2 added by Stats. 1967, Ch. 1667. ) ## 7227. Prisoners who have mental health disorders and who are in the state prisons shall be admitted to the state hospitals in accordance with the provisions of the Penal Code. (Amended by Stats. 2014, Ch. 144, Sec. 117. (AB 1847) Effective January 1, 2015.)
  156. 7228.

    ## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. State Hospitals for the Mentally Disordered [7200 - 7375] ( Heading of Chapter 2 renumbered from Chapter 3 by Stats. 1979, Ch. 373. ) ## ARTICLE 2. Admission [7225 - 7234] ( Article 2 added by Stats. 1967, Ch. 1667. )

    Verify source ↗

    Before admission, the State Department of State Hospitals must evaluate certain Penal Code patients and place them in the appropriate facility using specified documents.

    ## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. State Hospitals for the Mentally Disordered [7200 - 7375] ( Heading of Chapter 2 renumbered from Chapter 3 by Stats. 1979, Ch. 373. ) ## ARTICLE 2. Admission [7225 - 7234] ( Article 2 added by Stats. 1967, Ch. 1667. ) ## 7228. Prior to admission, the State Department of State Hospitals shall evaluate each patient committed pursuant to Section 1026 or 1370 of the Penal Code to determine the placement of the patient to the appropriate State Department of State Hospitals facility, as defined in Section 4100. The State Department of State Hospitals shall utilize the documents provided pursuant to subdivision (e) of Section 1026 of the Penal Code and paragraph (2) of subdivision (b) of Section 1370 of the Penal Code to make the appropriate placement. A patient determined to be a high security risk shall be treated in the department’s most secure facilities pursuant to Section 7230. A Penal Code patient not needing this level of security shall be treated as near to the patient’s community as possible if an appropriate treatment program is available. (Amended by Stats. 2017, Ch. 17, Sec. 63. (AB 103) Effective June 27, 2017.)
  157. 7230.

    ## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. State Hospitals for the Mentally Disordered [7200 - 7375] ( Heading of Chapter 2 renumbered from Chapter 3 by Stats. 1979, Ch. 373. ) ## ARTICLE 2. Admission [7225 - 7234] ( Article 2 added by Stats. 1967, Ch. 1667. )

    Verify source ↗

    Certain high-security-risk patients must be treated at designated secure facilities, while Metropolitan State Hospital and Napa State Hospital may treat only low- to moderate-risk patients.

    ## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. State Hospitals for the Mentally Disordered [7200 - 7375] ( Heading of Chapter 2 renumbered from Chapter 3 by Stats. 1979, Ch. 373. ) ## ARTICLE 2. Admission [7225 - 7234] ( Article 2 added by Stats. 1967, Ch. 1667. ) ## 7230. Those patients determined to be high security risk patients, as described in Section 7228, shall be treated at Atascadero State Hospital or Patton State Hospital, a correctional facility, or other secure facility as defined by the State Department of State Hospitals, but shall not be treated at Metropolitan State Hospital or Napa State Hospital. Metropolitan State Hospital and Napa State Hospital shall treat only low- to moderate-risk patients, as defined by the State Department of State Hospitals. (Amended by Stats. 2012, Ch. 24, Sec. 158. (AB 1470) Effective June 27, 2012.)
  158. 7231.

    ## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. State Hospitals for the Mentally Disordered [7200 - 7375] ( Heading of Chapter 2 renumbered from Chapter 3 by Stats. 1979, Ch. 373. ) ## ARTICLE 2. Admission [7225 - 7234] ( Article 2 added by Stats. 1967, Ch. 1667. )

    Verify source ↗

    The State Department of Mental Health must create policies and procedures for notifying law enforcement about patient escapes or walkaways, and local law enforcement must review them before final implementation.

    ## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. State Hospitals for the Mentally Disordered [7200 - 7375] ( Heading of Chapter 2 renumbered from Chapter 3 by Stats. 1979, Ch. 373. ) ## ARTICLE 2. Admission [7225 - 7234] ( Article 2 added by Stats. 1967, Ch. 1667. ) ## 7231. (a) The State Department of Mental Health shall develop policies and procedures, by no later than 30 days following the effective date of the Budget Act of 1997, at each state hospital, to notify appropriate law enforcement agencies in the event of a patient escape or walkaway. Local law enforcement agencies, including local police and county sheriff departments, shall review the policies and procedures prior to final implementation by the department. (b) Commencing July 1, 2012, the State Department of State Hospitals may adopt the policies and procedures developed by the State Department of Mental Health pursuant to subdivision (a). (Amended by Stats. 2012, Ch. 24, Sec. 159. (AB 1470) Effective June 27, 2012.)
  159. 7232.

    ## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. State Hospitals for the Mentally Disordered [7200 - 7375] ( Heading of Chapter 2 renumbered from Chapter 3 by Stats. 1979, Ch. 373. ) ## ARTICLE 2. Admission [7225 - 7234] ( Article 2 added by Stats. 1967, Ch. 1667. )

    Verify source ↗

    The State Department of Mental Health must issue a directive requiring certain state hospital patients to wear clothing that makes them readily identifiable, and the State Department of State Hospitals may adopt that directive starting July 1, 2012.

    ## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. State Hospitals for the Mentally Disordered [7200 - 7375] ( Heading of Chapter 2 renumbered from Chapter 3 by Stats. 1979, Ch. 373. ) ## ARTICLE 2. Admission [7225 - 7234] ( Article 2 added by Stats. 1967, Ch. 1667. ) ## 7232. (a) The State Department of Mental Health shall issue a state hospital administrative directive by no later than 30 days following the effective date of the Budget Act of 1997 to require patients whose placement has been required pursuant to the Penal Code, and other patients within the secured perimeter at each state hospital, to wear clothing that enables these patients to be readily identified. (b) Commencing July 1, 2012, the State Department of State Hospitals may adopt the state hospital administrative directive issued by the State Department of Mental Health pursuant to subdivision (a). (Amended by Stats. 2012, Ch. 24, Sec. 160. (AB 1470) Effective June 27, 2012.)
  160. 7234.

    ## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. State Hospitals for the Mentally Disordered [7200 - 7375] ( Heading of Chapter 2 renumbered from Chapter 3 by Stats. 1979, Ch. 373. ) ## ARTICLE 2. Admission [7225 - 7234] ( Article 2 added by Stats. 1967, Ch. 1667. )

    Verify source ↗

    The State Department of State Hospitals must create a Patient Management Unit and adopt rules for how it operates; the Director may also adopt emergency regulations to implement the section.

    ## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. State Hospitals for the Mentally Disordered [7200 - 7375] ( Heading of Chapter 2 renumbered from Chapter 3 by Stats. 1979, Ch. 373. ) ## ARTICLE 2. Admission [7225 - 7234] ( Article 2 added by Stats. 1967, Ch. 1667. ) ## 7234. (a) (1) A Patient Management Unit (PMU) shall be established within the State Department of State Hospitals to facilitate patient movement across all facilities under its jurisdiction, as defined in Section 4100, and any psychiatric programs operated by the State Department of State Hospitals pursuant to a memorandum of understanding with the Department of Corrections and Rehabilitation. (2) The PMU’s responsibilities shall include, but not be limited to, oversight and centralized management of patient admissions, and collection of data for reports and patient population projections. (b) The State Department of State Hospitals shall adopt regulations, consistent with this article, concerning policies and procedures to be implemented by the PMU, including, but not limited to, both of the following: (1) Policies and procedures for patient referral to the State Department of State Hospitals. (2) Screening criteria that ensures that patients are placed in a State Department of State Hospitals facility or psychiatric program closest to their county of residence in the absence of a compelling reason to place the patient in another facility. Compelling reasons may include, but not be limited to, the patient’s specialized psychiatric, medical, or safety needs, and the availability of beds for his or her commitment type. (c) The Director of State Hospitals may adopt emergency regulations in accordance with the Administrative Procedures Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) to implement this section. The adoption of an emergency regulation under this paragraph is deemed to address an emergency, for purposes of Sections 11346.1 and 11349.6 of the Government Code, and the Director of State Hospitals is hereby exempted for this purpose from the requirements of subdivision (b) of Section 11346.1 of the Government Code. (Amended by Stats. 2017, Ch. 17, Sec. 64. (AB 103) Effective June 27, 2017.)
  161. 725.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 18. Wards—Judgments and Orders [725 - 742] ( Heading of Article 18 renumbered from Article 9 by Stats. 1976, Ch. 1068. )

    Verify source ↗

    The court may enter judgment, place a qualifying minor on probation for up to six months under probation officer supervision, and later make the minor a ward of the court in specified circumstances.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 18. Wards—Judgments and Orders [725 - 742] ( Heading of Article 18 renumbered from Article 9 by Stats. 1976, Ch. 1068. ) ## 725. After receiving and considering the evidence on the proper disposition of the case, the court may enter judgment as follows: (a) If the court has found that the minor is a person described by Section 601 or 602, by reason of the commission of an offense other than any of the offenses set forth in Section 654.3, it may, without adjudging the minor a ward of the court, place the minor on probation, under the supervision of the probation officer, for a period not to exceed six months. The minor’s probation shall include the conditions required in Section 729.2 except in any case in which the court makes a finding and states on the record its reasons that any of those conditions would be inappropriate. If the offense involved the unlawful possession, use, or furnishing of a controlled substance, as defined in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code, a violation of subdivision (f) of Section 647 of the Penal Code, or a violation of Section 25662 of the Business and Professions Code, the minor’s probation shall include the conditions required by Section 729.10. If the minor fails to comply with the conditions of probation imposed, the court may order and adjudge the minor to be a ward of the court. (b) If the court has found that the minor is a person described by Section 601 or 602, it may order and adjudge the minor to be a ward of the court. (Amended by Stats. 1989, Ch. 1117, Sec. 14.)
  162. 725.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 18. Wards—Judgments and Orders [725 - 742] ( Heading of Article 18 renumbered from Article 9 by Stats. 1976, Ch. 1068. )

    Verify source ↗

    When deciding the judgment and order in a juvenile case under Section 602, the court must consider the minor’s age, the offense’s circumstances and seriousness, and the minor’s prior delinquent history.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 18. Wards—Judgments and Orders [725 - 742] ( Heading of Article 18 renumbered from Article 9 by Stats. 1976, Ch. 1068. ) ## 725.5. In determining the judgment and order to be made in any case in which the minor is found to be a person described in Section 602, the court shall consider, in addition to other relevant and material evidence, (1) the age of the minor, (2) the circumstances and gravity of the offense committed by the minor, and (3) the minor’s previous delinquent history. (Added by Stats. 1982, Ch. 1090, Sec. 1.)
  163. 7250.

    ## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. State Hospitals for the Mentally Disordered [7200 - 7375] ( Heading of Chapter 2 renumbered from Chapter 3 by Stats. 1979, Ch. 373. ) ## ARTICLE 3. Patients’ Care [7250 - 7254] ( Article 3 added by Stats. 1967, Ch. 1667. )

    Verify source ↗

    A committed person may seek habeas corpus, and in some incompetency cases judicial review must be in a different superior court.

    ## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. State Hospitals for the Mentally Disordered [7200 - 7375] ( Heading of Chapter 2 renumbered from Chapter 3 by Stats. 1979, Ch. 373. ) ## ARTICLE 3. Patients’ Care [7250 - 7254] ( Article 3 added by Stats. 1967, Ch. 1667. ) ## 7250. Any person who has been committed is entitled to a writ of habeas corpus, upon a proper application made by the State Department of State Hospitals or the State Department of Developmental Services, by that person, or by a relative or friend in his or her behalf to the judge of the superior court of the county in which the hospital is located, or if the person has been found incompetent to stand trial and has been committed pursuant to Chapter 6 (commencing with Section 1367) of Title 10 of Part 2 of the Penal Code, judicial review shall be in the superior court for the county that determined the question of the mental competence of the person. All documents requested by the court in the county of confinement shall be forwarded from the county of commitment to the court. Upon the return of the writ, the truth of the allegations under which he or she was committed shall be inquired into and determined. The medical history of the person as it appears in the clinical records shall be given in evidence, and the superintendent in charge of the state hospital wherein the person is held in custody and any other person who has knowledge of the facts shall be sworn and shall testify relative to the mental condition of the person. (Amended by Stats. 2012, Ch. 24, Sec. 161. (AB 1470) Effective June 27, 2012.)
  164. 7251.

    ## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. State Hospitals for the Mentally Disordered [7200 - 7375] ( Heading of Chapter 2 renumbered from Chapter 3 by Stats. 1979, Ch. 373. ) ## ARTICLE 3. Patients’ Care [7250 - 7254] ( Article 3 added by Stats. 1967, Ch. 1667. )

    Verify source ↗

    State hospital executives must examine patients promptly and record the results; they must also keep making examinations during care and report death or discharge details on department forms.

    ## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. State Hospitals for the Mentally Disordered [7200 - 7375] ( Heading of Chapter 2 renumbered from Chapter 3 by Stats. 1979, Ch. 373. ) ## ARTICLE 3. Patients’ Care [7250 - 7254] ( Article 3 added by Stats. 1967, Ch. 1667. ) ## 7251. Every executive director of a state hospital, shall, within three days after the reception of a patient, make or cause to be made a thorough physical and mental examination of the patient, and state the result thereof, on blanks prepared and exclusively set apart for that purpose. During the time the patient remains under his or her care he or she shall also make, or cause to be made, from time to time, examination of the mental state, bodily condition, and medical treatment of the patient at such intervals and in such manner, and state its result, upon blank forms, as are approved by the department. In the event of the death or discharge of a patient, the superintendent, or person in charge of the state hospital, shall state the circumstances thereof upon forms as are required by the department. (Amended by Stats. 2012, Ch. 24, Sec. 162. (AB 1470) Effective June 27, 2012.)
  165. 7252.

    ## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. State Hospitals for the Mentally Disordered [7200 - 7375] ( Heading of Chapter 2 renumbered from Chapter 3 by Stats. 1979, Ch. 373. ) ## ARTICLE 3. Patients’ Care [7250 - 7254] ( Article 3 added by Stats. 1967, Ch. 1667. )

    Verify source ↗

    A patient in a state hospital may voluntarily donate blood to a licensed nonprofit blood bank if the hospital’s executive director and medical director consent.

    ## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. State Hospitals for the Mentally Disordered [7200 - 7375] ( Heading of Chapter 2 renumbered from Chapter 3 by Stats. 1979, Ch. 373. ) ## ARTICLE 3. Patients’ Care [7250 - 7254] ( Article 3 added by Stats. 1967, Ch. 1667. ) ## 7252. Any patient in a state hospital, upon the consent of the executive director and medical director of the hospital, may voluntarily donate blood to any nonprofit blood bank duly licensed by the State Department of Public Health. (Amended by Stats. 2012, Ch. 24, Sec. 163. (AB 1470) Effective June 27, 2012.)
  166. 7253.

    ## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. State Hospitals for the Mentally Disordered [7200 - 7375] ( Heading of Chapter 2 renumbered from Chapter 3 by Stats. 1979, Ch. 373. ) ## ARTICLE 3. Patients’ Care [7250 - 7254] ( Article 3 added by Stats. 1967, Ch. 1667. )

    Verify source ↗

    Patients in a state hospital may be allowed to keep handiwork or finished products for personal use if the executive director determines they are suitable and the items were made by the patient.

    ## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. State Hospitals for the Mentally Disordered [7200 - 7375] ( Heading of Chapter 2 renumbered from Chapter 3 by Stats. 1979, Ch. 373. ) ## ARTICLE 3. Patients’ Care [7250 - 7254] ( Article 3 added by Stats. 1967, Ch. 1667. ) ## 7253. Every patient in a state hospital under this chapter may be permitted to keep for his or her own use articles of handiwork and other finished products suitable primarily for personal use, as determined by the executive director, which have been fabricated by the patient. (Amended by Stats. 2012, Ch. 24, Sec. 164. (AB 1470) Effective June 27, 2012.)
  167. 7254.

    ## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. State Hospitals for the Mentally Disordered [7200 - 7375] ( Heading of Chapter 2 renumbered from Chapter 3 by Stats. 1979, Ch. 373. ) ## ARTICLE 3. Patients’ Care [7250 - 7254] ( Article 3 added by Stats. 1967, Ch. 1667. )

    Verify source ↗

    The State Department of State Hospitals may require certain committed patients to wear identifiable clothing in a secured area of the facility.

    ## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. State Hospitals for the Mentally Disordered [7200 - 7375] ( Heading of Chapter 2 renumbered from Chapter 3 by Stats. 1979, Ch. 373. ) ## ARTICLE 3. Patients’ Care [7250 - 7254] ( Article 3 added by Stats. 1967, Ch. 1667. ) ## 7254. Notwithstanding any other provision of law, the State Department of State Hospitals shall have the authority to require that patients committed to a state mental health facility pursuant to Section 1026 of, and Chapter 6 (commencing with Section 1367) of Title 10 of Part 2 of the Penal Code, and Sections 6316 and 6321 of this code shall wear identifiable clothing in a secured area of the facility. (Amended by Stats. 2012, Ch. 24, Sec. 165. (AB 1470) Effective June 27, 2012.)
  168. 726.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 18. Wards—Judgments and Orders [725 - 742] ( Heading of Article 18 renumbered from Article 9 by Stats. 1976, Ch. 1068. )

    Verify source ↗

    The court may limit a parent’s control, but it must clearly state those limits and cannot remove physical custody unless it makes one of the listed findings. It also must appoint a responsible adult for education or developmental decisions in specified cases, and it cannot appoint a conflicted educational decisionmaker.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 18. Wards—Judgments and Orders [725 - 742] ( Heading of Article 18 renumbered from Article 9 by Stats. 1976, Ch. 1068. ) ## 726. (a) In all cases in which a minor is adjudged a ward or dependent child of the court, the court may limit the control to be exercised over the ward or dependent child by any parent or guardian and shall, in its order, clearly and specifically set forth all those limitations, but no ward or dependent child shall be taken from the physical custody of a parent or guardian, unless upon the hearing the court finds one of the following facts: (1) That the parent or guardian is incapable of providing or has failed or neglected to provide proper maintenance, training, and education for the minor. (2) That the minor has been tried on probation while in custody and has failed to reform. (3) That the welfare of the minor requires that custody be taken from the minor’s parent or guardian. (b) Whenever the court specifically limits the right of the parent or guardian to make educational or developmental services decisions for the minor, the court shall at the same time appoint a responsible adult to make educational or developmental services decisions for the child until one of the following occurs: (1) The minor reaches 18 years of age, unless the child chooses not to make educational or developmental services decisions for themselves, or is deemed by the court to be incompetent. (2) Another responsible adult is appointed to make educational or developmental services decisions for the minor pursuant to this section. (3) The right of the parent or guardian to make educational or developmental services decisions for the minor is fully restored. (4) A successor guardian or conservator is appointed. (5) The child is placed into a planned permanent living arrangement pursuant to paragraph (5) or (6) of subdivision (b) of Section 727.3, at which time, for educational decisionmaking, the foster parent, relative caretaker, or nonrelative extended family member, as defined in Section 362.7, has the right to represent the child in educational matters pursuant to Section 56055 of the Education Code, and for decisions relating to developmental services, unless the court specifies otherwise, the foster parent, relative caregiver, or nonrelative extended family member of the planned permanent living arrangement has the right to represent the child in matters related to developmental services. (c) An individual who would have a conflict of interest in representing the child, as specified under federal regulations, may not be appointed to make educational decisions. The limitations applicable to conflicts of interest for educational rights holders shall also apply to authorized representatives for developmental services decisions pursuant to subdivision (b) of Section 4701.6. For purposes of this section, “an individual who would have a conflict of interest” means a person having any interests that might restrict or bias their ability to make educational or developmental services decisions, including, but not limited to, those conflicts of interest prohibited by Section 1126 of the Government Code, and the receipt of compensation or attorneys’ fees for the provision of services pursuant to this section. A foster parent may not be deemed to have a conflict of interest solely because the foster parent receives compensation for the provision of services pursuant to this section. (1) If the court limits the parent’s educational rights pursuant to subdivision (a), the court shall determine whether there is a responsible adult who is a relative, nonrelative extended family member, or other adult known to the child and who is available and willing to serve as the child’s educational representative before appointing an educational representative or surrogate who is not known to the child. If the court cannot identify a responsible adult who is known to the child and available to make educational decisions for the child and paragraphs (1) to (5), inclusive, of subdivision (b) do not apply, and the child has either been referred to the local educational agency for special education and related services or has a valid individualized education program, the court shall refer the child to the local educational agency for appointment of a surrogate parent pursuant to Section 7579.5 of the Government Code. (2) All educational and school placement decisions shall seek to ensure that the child is in the least restrictive educational programs and has access to the academic resources, services, and extracurricular and enrichment activities that are available to all pupils. In all instances, educational and school placement decisions shall be based on the best interests of the child. If an educational representative or surrogate is appointed for the child, the representative or surrogate shall meet with the child, shall investigate the child’s educational needs and whether those needs are being met, and shall, before each review hearing held under Article 10 (commencing with Section 360), provide information and recommendations concerning the child’s educational needs to the child’s social worker, make written recommendations to the court, or attend the hearing and participate in those portions of the hearing that concern the child’s education. (3) Nothing in this section in any way removes the obligation to appoint surrogate parents for students with disabilities who are without parental representation in special education procedures as required by state and federal law, including Section 1415(b)(2) of Title 20 of the United States Code, Section 56050 of the Education Code, Section 7579.5 of the Government Code, and Rule 5.650 of the California Rules of Court. If the court appoints a developmental services decisionmaker pursuant to this section, they shall have the authority to access the child’s information and records pursuant to subdivision (u) of Section 4514 and paragraph (23) of subdivision (a) of Section 5328, and to act on the child’s behalf for the purposes of the individual program plan process pursuant to Sections 4646, 4646.5, and 4648 and the fair hearing process pursuant to Chapter 7 (commencing with Section 4700) of Division 4.5, and as set forth in the court order. (d) (1) If the minor is removed from the physical custody of the minor’s parent or guardian as the result of an order of wardship made pursuant to Section 602, the order shall specify that the minor may not be held in physical confinement for a period in excess of the middle term of imprisonment which could be imposed upon an adult convicted of the offense or offenses which brought or continued the minor under the jurisdiction of the juvenile court. (2) As used in this section and in Section 731, “maximum term of imprisonment” means the middle of the three time periods set forth in paragraph (3) of subdivision (a) of Section 1170 of the Penal Code, but without the need to follow the provisions of subdivision (b) of Section 1170 of the Penal Code or to consider time for good behavior or participation pursuant to Sections 2930, 2931, and 2932 of the Penal Code, plus enhancements which must be proven if pled. (3) If the court elects to aggregate the period of physical confinement on multiple counts or multiple petitions, including previously sustained petitions adjudging the minor a ward within Section 602, the “maximum term of imprisonment” shall be the aggregate term of imprisonment specified in subdivision (a) of Section 1170.1 of the Penal Code, which includes any additional term imposed pursuant to Section 667, 667.5, 667.6, or 12022.1 of the Penal Code, and Section 11370.2 of the Health and Safety Code. (4) If the charged offense is a misdemeanor or a felony not included within the scope of Section 1170 of the Penal Code, the “maximum term of imprisonment” is the middle term of imprisonment prescribed by law. (5) “Physical confinement” means placement in a juvenile hall, ranch, camp, forestry camp or secure juvenile home pursuant to Section 730, or in a secure youth treatment facility pursuant to Section 875, or in any institution operated by the Department of Corrections and Rehabilitation, Division of Juvenile Justice. (6) This section does not limit the power of the court to retain jurisdiction over a minor and to make appropriate orders pursuant to Section 727 for the period permitted by Section 607. (Amended by Stats. 2023, Ch. 131, Sec. 222. (AB 1754) Effective January 1, 2024.)
  169. 726.4.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 18. Wards—Judgments and Orders [725 - 742] ( Heading of Article 18 renumbered from Article 9 by Stats. 1976, Ch. 1068. )

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    In certain juvenile court cases, the court must ask about possible fathers, give notice to alleged fathers by certified mail, and may decide that a missed return receipt does not justify delaying the hearing.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 18. Wards—Judgments and Orders [725 - 742] ( Heading of Article 18 renumbered from Article 9 by Stats. 1976, Ch. 1068. ) ## 726.4. (a) At the disposition hearing, in any case where 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 court shall inquire of the mother and any other appropriate person as to the identity and address of all presumed or alleged fathers. The presence at the hearing of a man claiming to be the father shall not relieve the court of its duty of inquiry. The inquiry may include all of the following: (1) Whether a judgment of paternity already exists. (2) Whether the mother was married or believed she was married at the time of conception of the child or at any time thereafter. (3) Whether the mother was cohabiting with a man at the time of conception or birth of the child. (4) Whether the mother has received support payments or promises of support with respect to the child or in connection with her pregnancy. (5) Whether any man has formally or informally acknowledged or declared his possible paternity of the child. (6) Whether paternity tests have been administered and the results, if any. (b) If, after the court inquiry, one or more men are identified as an alleged father, each alleged father shall be provided notice at his last and usual place of abode by certified mail return receipt requested alleging that he is or could be the father of the child. The notice shall state that the child is the subject of proceedings under Section 602 and that the proceedings could result in the termination of parental rights and adoption of the child. Nothing in this section shall preclude a court from terminating a father’s parental rights even if he appears at the hearing and files an action under Section 7630 or 7631 of the Family Code. (c) The court may determine that the failure of an alleged father to return the certified mail receipt is not good cause to continue a hearing pursuant to Section 682. (d) If a man appears in the delinquency action and files an action under Section 7630 or 7631 of the Family Code, the court shall determine if he is the father. (e) After a petition has been filed to declare a minor a ward of the court, and until the time that the petition is dismissed, wardship is terminated, or parental rights are terminated pursuant to Section 727.31, the juvenile court which has jurisdiction of the wardship action shall have exclusive jurisdiction to hear an action filed under Section 7630 or 7631 of the Family Code. (Added by Stats. 1999, Ch. 997, Sec. 14. Effective January 1, 2000.)
  170. 726.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 18. Wards—Judgments and Orders [725 - 742] ( Heading of Article 18 renumbered from Article 9 by Stats. 1976, Ch. 1068. )

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    The juvenile court may issue certain protective, parentage, custody, or visitation orders when the child is a ward or wardship ends before age 18 and related family-court proceedings are pending; several notice, filing, mailing, and form duties apply.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 18. Wards—Judgments and Orders [725 - 742] ( Heading of Article 18 renumbered from Article 9 by Stats. 1976, Ch. 1068. ) ## 726.5. (a) At any time when (1) the minor is a ward of the juvenile court under Section 725, or the court terminates wardship while the minor remains under the age of 18 years, and (2) proceedings for dissolution of marriage, for nullity of marriage, or for legal separation of the minor’s parents, proceedings to determine custody of the child, or to establish paternity of the minor under the Uniform Parentage Act, Part 3 (commencing with Section 7600) of Division 12 of the Family Code are pending in the superior court of any county, or an order has been entered with regard to the custody of the minor, the juvenile court may issue a protective order as provided in Section 213.5 or as defined in Section 6218 of the Family Code and may issue an order determining parentage, custody of, or visitation with, the minor. A custody or visitation order issued by the juvenile court pursuant to this subdivision shall be made in accordance with the procedures and criteria of Part 2 (commencing with Section 3020) of Division 8 of the Family Code. An order determining parentage issued by the juvenile court pursuant to this subdivision shall be made in accordance with the procedures and presumptions of the Uniform Parentage Act, Part 3 (commencing with Section 7600) of Division 12 of the Family Code. (b) If the juvenile court decides to issue an order pursuant to subdivision (a), the juvenile court shall provide notice of that decision to the superior court in which the proceeding to decide parentage, custody of, or visitation with, the minor is pending. The clerk of the superior court, upon receipt of the notice, shall file the notice with other documents and records of the pending proceeding and send by first-class mail a copy of the notice to all parties of record in that proceeding. (c) Any order issued under this section shall continue until modified or terminated by a subsequent order of the juvenile court. The order of the juvenile court shall be filed in the proceeding for nullity, dissolution, or legal separation, or in the proceeding to determine custody or to establish paternity, if that proceeding is pending at the time the juvenile court terminates its jurisdiction over the minor. The order shall then become a part of that proceeding and may be terminated or modified as the court in that proceeding deems appropriate. (d) If no action is filed or pending relating to the custody of the minor in the superior court of any county at the time the juvenile court terminates its jurisdiction over the minor, the juvenile court order entered pursuant to subdivision (a) may be used as the sole basis for opening a file in the superior court of the county in which the parent who has been awarded physical custody resides. The clerk of the juvenile court shall transmit the order to the clerk of the superior court of the county in which the order is to be filed. The clerk of the superior court shall, upon receipt, open a file, without a filing fee, and assign a case number. (e) The clerk of the superior court shall, upon the filing of any juvenile court order pursuant to subdivision (d), send by first-class mail a copy of the order with the case number, to the juvenile court and to the parents at the address listed on the order. (f) The Judicial Council shall adopt forms for orders issued under this section. These orders shall not be confidential. (Added by Stats. 1998, Ch. 390, Sec. 3. Effective January 1, 1999.)
  171. 727.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 18. Wards—Judgments and Orders [725 - 742] ( Heading of Article 18 renumbered from Article 9 by Stats. 1976, Ch. 1068. )

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    This section lets the juvenile court make reasonable orders for a ward’s care and placement, but also gives wards a right to age-appropriate activities and limits when probation without supervision can be used.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 18. Wards—Judgments and Orders [725 - 742] ( Heading of Article 18 renumbered from Article 9 by Stats. 1976, Ch. 1068. ) ## 727. (a) (1) If a minor or nonminor is adjudged a ward of the court on the ground that the minor or nonminor is a person described by Section 601 or 602, the court may make any reasonable orders for the care, supervision, custody, conduct, maintenance, and support of the minor or nonminor, including medical treatment, subject to further order of the court. (2) In the discretion of the court, a ward may be ordered to be on probation without supervision of the probation officer. The court, in so ordering, may impose on the ward any and all reasonable conditions of behavior as may be appropriate under this disposition. A minor or nonminor who has been adjudged a ward of the court on the basis of the commission of any of the offenses described in subdivision (b) or paragraph (2) of subdivision (d) of Section 707, Section 459 of the Penal Code, or subdivision (a) of Section 11350 of the Health and Safety Code, shall not be eligible for probation without supervision of the probation officer. A minor or nonminor who has been adjudged a ward of the court on the basis of the commission of an offense involving the sale or possession for sale of a controlled substance, except misdemeanor offenses involving marijuana, as specified in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code, or of an offense in violation of Section 32625 of the Penal Code, shall be eligible for probation without supervision of the probation officer only if the court determines that the interests of justice would best be served and states reasons on the record for that determination. (3) In all other cases, the court shall order the care, custody, and control of the minor or nonminor to be under the supervision of the probation officer. (4) It is the responsibility, pursuant to Section 672(a)(2)(B) of Title 42 of the United States Code, of the probation agency to determine the appropriate placement for the ward once the court issues a placement order. In determination of the appropriate placement for the ward, the probation officer shall consider any recommendations of the child and family. In an Indian child custody proceeding as defined in subdivision (d) of Section 224.1, the provisions of Section 361.31 shall apply. The probation agency may place the minor or nonminor in any of the following: (A) The approved home of a relative or the approved home of a nonrelative, extended family member as defined in Section 362.7, or, in an Indian child custody proceeding, an extended family member as defined in paragraph (1) of subdivision (c) of Section 224.1. If a decision has been made to place the minor in the home of a relative, the court may authorize the relative to give legal consent for the minor’s medical, surgical, and dental care and education as if the relative caregiver were the custodial parent of the minor. (B) A foster home, the approved home of a resource family as defined in Section 16519.5, a tribally approved home as described by subdivision (r) of Section 224.1 and Section 10553.12, or a home or facility as described in Section 361.31 and Section 105 of the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1915). (C) A suitable licensed community care facility, as identified by the probation officer, except a youth homelessness prevention center licensed by the State Department of Social Services pursuant to Section 1502.35 of the Health and Safety Code. (D) A foster family agency, as defined in subdivision (g) of Section 11400 and paragraph (4) of subdivision (a) of Section 1502 of the Health and Safety Code, in a suitable certified family home or with a resource family. (E) A minor or nonminor dependent may be placed in a group home vendored by a regional center pursuant to Section 56004 of Title 17 of the California Code of Regulations or a short-term residential therapeutic program, as defined in subdivision (ad) of Section 11400 and paragraph (18) of subdivision (a) of Section 1502 of the Health and Safety Code. The placing agency shall also comply with requirements set forth in paragraph (9) of subdivision (e) of Section 361.2, that includes, but is not limited to, authorization, limitation on length of stay, extensions, and additional requirements related to minors. For youth 13 years of age or older, the chief probation officer of the county probation department, or their designee, shall approve the placement if it is longer than 12 months, and no less frequently than every 12 months thereafter. (F) (i) A minor adjudged a ward of the juvenile court shall be entitled to participate in age-appropriate extracurricular, enrichment, and social activities. A state or local regulation or policy shall not prevent, or create barriers to, participation in those activities. Each state and local entity shall ensure that private agencies that provide foster care services to wards have policies consistent with this section and that those agencies promote and protect the ability of wards to participate in age-appropriate extracurricular, enrichment, and social activities. A short-term residential therapeutic program or a group home administrator, a facility manager, or their responsible designee, and a caregiver, as defined in paragraph (1) of subdivision (a) of Section 362.04, shall use a reasonable and prudent parent standard, as defined in paragraph (2) of subdivision (a) of Section 362.04, in determining whether to give permission for a minor residing in foster care to participate in extracurricular, enrichment, and social activities. A short-term residential therapeutic program or a group home administrator, a facility manager, or their responsible designee, and a caregiver shall take reasonable steps to determine the appropriateness of the activity taking into consideration the minor’s age, maturity, and developmental level. For every minor placed in a setting described in subparagraphs (A) through (E), inclusive, age-appropriate extracurricular, enrichment, and social activities shall include access to computer technology and the internet. (ii) A short-term residential therapeutic program or a group home administrator, facility manager, or their responsible designee, is encouraged to consult with social work or treatment staff members who are most familiar with the minor at the group home or short-term residential therapeutic program in applying and using the reasonable and prudent parent standard. (G) For nonminors, an approved supervised independent living setting, as defined in Section 11400, including a residential housing unit certified by a licensed transitional housing placement provider. (5) The minor or nonminor shall be released from juvenile detention upon an order being entered under paragraph (3), unless the court determines that a delay in the release from detention is reasonable pursuant to Section 737. (b) (1) To facilitate coordination and cooperation among agencies, the court may, at any time after a petition has been filed, after giving notice and an opportunity to be heard, join in the juvenile court proceedings any agency that the court determines has failed to meet a legal obligation to provide services to a minor, for whom a petition has been filed under Section 601 or 602, to a nonminor, as described in Section 303, or to a nonminor dependent, as defined in subdivision (v) of Section 11400. In any proceeding in which an agency is joined, the court shall not impose duties upon the agency beyond those mandated by law. The purpose of joinder under this section is to ensure the delivery and coordination of legally mandated services to the minor. The joinder shall not be maintained for any other purpose. Nothing in this section shall prohibit agencies that have received notice of the hearing on joinder from meeting prior to the hearing to coordinate services. (2) The court has no authority to order services unless it has been determined through the administrative process of an agency that has been joined as a party, that the minor, nonminor, or nonminor dependent is eligible for those services. With respect to mental health assessment, treatment, and case management services pursuant to an individualized education program developed pursuant to Article 2 (commencing with Section 56320) of Chapter 4 of Part 30 of Division 4 of Title 2 of the Education Code, the court’s determination shall be limited to whether the agency has complied with that chapter. (3) For the purposes of this subdivision, “agency” means any governmental agency or any private service provider or individual that receives federal, state, or local governmental funding or reimbursement for providing services directly to a child, nonminor, or nonminor dependent. (c) If a minor has been adjudged a ward of the court on the ground that the minor is a person described in Section 601 or 602, and the court finds that notice has been given in accordance with Section 661, and if the court orders that a parent or guardian shall retain custody of that minor either subject to or without the supervision of the probation officer, the parent or guardian may be required to participate with that minor in a counseling or education program, including, but not limited to, parent education and parenting programs operated by community colleges, school districts, or other appropriate agencies designated by the court. (d) (1) The juvenile court may direct any reasonable orders to the parents and guardians of the minor who is the subject of any proceedings under this chapter as the court deems necessary and proper to carry out subdivisions (a), (b), and (c), including orders to appear before a county financial evaluation officer, to ensure the minor’s regular school attendance, and to make reasonable efforts to obtain appropriate educational services necessary to meet the needs of the minor. (2) If counseling or other treatment services are ordered for the minor, the parent, guardian, or foster parent shall be ordered to participate in those services, unless participation by the parent, guardian, or foster parent is deemed by the court to be inappropriate or potentially detrimental to the minor. (e) The court may, after receipt of relevant testimony and other evidence from the parties, affirm or reject the placement determination. If the court rejects the placement determination, the court may instruct the probation department to determine an alternative placement for the ward, or the court may modify the placement order to an alternative placement recommended by a party to the case after the court has received the probation department’s assessment of that recommendation and other relevant evidence from the parties. (Amended by Stats. 2024, Ch. 656, Sec. 22. (AB 81) Effective September 27, 2024.)
  172. 727.05.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 18. Wards—Judgments and Orders [725 - 742] ( Heading of Article 18 renumbered from Article 9 by Stats. 1976, Ch. 1068. )

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    The probation agency may make an emergency placement of a minor with a relative or nonrelative extended family member, but it must do required home and background checks first.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 18. Wards—Judgments and Orders [725 - 742] ( Heading of Article 18 renumbered from Article 9 by Stats. 1976, Ch. 1068. ) ## 727.05. (a) Notwithstanding paragraph (4) of subdivision (a) of Section 727, the probation agency may make an emergency placement of a minor ordered into its care, custody, and control with a relative or nonrelative extended family member. (b) Prior to making the emergency placement, the probation agency shall do all of the following: (1) Conduct an in-home inspection to assess the safety of the home and the ability of the relative or nonrelative extended family member to care for the minor’s needs. (2) Ensure that a state-level criminal records check is conducted by an appropriate government agency through the California Law Enforcement Telecommunications System (CLETS) pursuant to Section 16504.5 for all of the following: (A) Any person over 18 years of age living in the home of the relative or nonrelative extended family member who seeks emergency placement of the minor, excluding any person who is a nonminor dependent, as defined in subdivision (v) of Section 11400. (B) At the discretion of the probation agency, any person over 18 years of age known to the agency to be regularly present in the home, other than any professional providing professional services to the minor. (C) At the discretion of the agency, any person over 14 years of age living in the home who the agency believes may have a criminal record, excluding any child who is under the jurisdiction of the juvenile court. (3) Conduct a check of allegations of prior child abuse or neglect concerning the relative or nonrelative extended family member and other adults in the home. (c) (1) If the CLETS information that is obtained pursuant to paragraph (2) of subdivision (b) indicates that a person has no criminal record, the probation agency may place the minor in the home on an emergency basis. (2) If the CLETS information obtained pursuant to paragraph (2) of subdivision (b) indicates that a person has been convicted of an offense described in subparagraph (B) or (D) of paragraph (2) of subdivision (g) of Section 1522 of the Health and Safety Code, the minor shall not be placed in the home unless a criminal records exemption has been granted using the exemption criteria specified in paragraph (2) of subdivision (g) of Section 1522 of the Health and Safety Code. (3) Notwithstanding paragraph (2), a minor may be placed on an emergency basis if the CLETS information obtained pursuant to paragraph (2) of subdivision (b) indicates that the person has been convicted of an offense not described in subclause (II) of clause (i) of subparagraph (B) of paragraph (2) of subdivision (g) of Section 1522 of the Health and Safety Code, pending a criminal records exemption decision based on live scan fingerprint results if all of the following conditions are met: (A) The conviction does not involve an offense against a child. (B) The chief probation officer, or their designee, determines that the placement is in the best interests of the minor. (C) No party to the case objects to the placement. (4) If the CLETS information obtained pursuant to paragraph (2) of subdivision (b) indicates that the person has been arrested for any offense described in paragraph (2) of subdivision (e) of Section 1522 of the Health and Safety Code, the minor shall not be placed on an emergency basis in the home until the investigation required by paragraph (1) of subdivision (e) of Section 1522 of the Health and Safety Code has been completed and the chief probation officer, or their designee, and the court have considered the investigation results when determining whether the placement is in the best interests of the child. (5) If the CLETS information obtained pursuant to paragraph (2) of subdivision (b) indicates that the person has been convicted of an offense described in subparagraph (A) of paragraph (2) of subdivision (g) of Section 1522 of the Health and Safety Code, the minor shall not be placed in the home on an emergency basis. (6) Notwithstanding paragraphs (2) and (5), or the placement recommendation of the county probation agency, the court may authorize the placement of a child on an emergency basis in the home of a relative, regardless of the status of any criminal record exemption or resource family approval, if the court finds that the placement does not pose a risk to the health and safety of the child. (d) If the relative or nonrelative extended family member has not submitted an application for approval as a resource family at the time of the emergency placement, the probation agency shall require the relative or nonrelative extended family member to submit the application and initiate the home environment assessment no later than five business days after the emergency placement. (e) Unless the fingerprint clearance check has already been initiated, the probation agency shall ensure that, within five days of the emergency placement, a fingerprint clearance check of the relative or nonrelative extended family member and any other person whose criminal record was obtained pursuant to this section is initiated through the Department of Justice to ensure the accuracy of the criminal records check conducted through the CLETS and to ensure criminal record clearance of the relative or nonrelative extended family member and all adults in the home pursuant to subparagraph (A) of paragraph (2) of subdivision (d) of Section 16519.5 and any associated written directives or regulations. (f) An identification card from a foreign consulate or foreign passport shall be considered a valid form of identification for conducting a criminal records check pursuant to this section. (Amended by Stats. 2021, Ch. 687, Sec. 10. (SB 354) Effective January 1, 2022.)
  173. 727.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 18. Wards—Judgments and Orders [725 - 742] ( Heading of Article 18 renumbered from Article 9 by Stats. 1976, Ch. 1068. )

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    This section limits when a court may place a ward in an out-of-state residential facility, requires periodic review and reporting, and bars certain public funding unless stated conditions are met.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 18. Wards—Judgments and Orders [725 - 742] ( Heading of Article 18 renumbered from Article 9 by Stats. 1976, Ch. 1068. ) ## 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. In an Indian child custody proceeding, the selection shall comply with the placement preferences set forth in Section 361.31. (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 the ward is a person described by either Section 601 or 602 in an out-of-state residential facility, as defined in subdivision (b) of Section 7910 of the Family Code, unless the court finds, in its order of placement and based on evidence presented by the county probation department, that all of the following conditions are met: (1) The out-of-state residential facility is licensed or certified for the placement of children by an agency of the state in which the ward will be placed. (2) The out-of-state residential facility has been certified by the State Department of Social Services or is exempt from that certification, pursuant to Section 7911.1 of the Family Code. (3) On and after July 1, 2021, the county probation department has fulfilled its responsibilities as set forth in Sections 4096 and 16010.9. (4) The court has reviewed the documentation of any required assessment, technical assistance efforts, or recommendations and finds that in-state facilities or programs are unavailable or inadequate to meet the needs of the ward. (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. (f) Notwithstanding any other law, on and after July 1, 2022, the court shall not order or approve any new placement of a minor by a county probation department in an out-of-state residential facility, as defined in subdivision (b) of Section 7910 of the Family Code, except for placements described in subdivision (h) of Section 7911.1 of the Family Code. (g) Notwithstanding any other law, the court shall order any minor placed out of state by a county probation department in an out-of-state residential facility, as defined in subdivision (b) of Section 7910 of the Family Code, to be returned to California no later than January 1, 2023, except for placements described in subdivision (h) of Section 7911.1 of the Family Code. (Amended by Stats. 2024, Ch. 656, Sec. 23. (AB 81) Effective September 27, 2024.)
  174. 727.12.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 18. Wards—Judgments and Orders [725 - 742] ( Heading of Article 18 renumbered from Article 9 by Stats. 1976, Ch. 1068. )

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    The court must review certain placement decisions within set deadlines, and the probation officer must request and serve hearing materials on time.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 18. Wards—Judgments and Orders [725 - 742] ( Heading of Article 18 renumbered from Article 9 by Stats. 1976, Ch. 1068. ) ## 727.12. (a) (1) For a placement made on and after October 1, 2021, each placement of the minor or nonminor dependent in a short-term residential therapeutic program, including the initial placement and each subsequent placement into a short-term residential therapeutic program, shall be reviewed by the court within 45 days of the start of placement in accordance with this section. In no event shall the court grant a continuance pursuant to Section 682 that would cause the review to be completed more than 60 days after the start of the placement. (2) For a placement made on and after July 1, 2022, each placement of the minor or nonminor dependent in a community treatment facility, including the initial placement and each subsequent placement into a community treatment facility, shall be reviewed by the court within 45 days of the start of placement in accordance with this section. In no event shall the court grant a continuance pursuant to Section 682 that would cause the review to be completed more than 60 days after the start of the placement. (b) (1) At any time after the decision to place a minor or nonminor dependent into a short-term residential therapeutic program or a community treatment facility has been made, but no later than five calendar days following each placement, the probation officer shall request the juvenile court to schedule a hearing to review the placement. (2) The probation officer shall serve a copy of the request on all parties to the delinquency proceeding, the minor’s court-appointed special advocate, if applicable, and the minor’s tribe in the case of an Indian child to whom subparagraph (E) of paragraph (1) of subdivision (d) of Section 224.1 applies. (c) (1) The probation officer shall prepare and submit a report that shall include all of the following: (A) A copy of the assessment, determination, and documentation prepared by the qualified individual pursuant to subdivision (g) of Section 4096. (B) The case plan documentation required pursuant to subparagraph (B) of paragraph (3) of subdivision (d) of Section 706.6. (C) In the case of an Indian child, a statement regarding whether the minor’s tribe had an opportunity to confer regarding the departure from the placement preferences described in Section 361.31, and the active efforts made prior to placement in a short-term therapeutic program or community treatment facility to satisfy subdivision (f) of Section 224.1. (D) A statement regarding whether the minor or nonminor dependent or any party to the proceeding, or minor’s tribe in the case of an Indian child to whom subparagraph (E) of paragraph (1) of subdivision (d) of Section 224.1 applies, objects to the placement of the minor or nonminor dependent in the short-term residential therapeutic program or community treatment facility. (2) The probation officer shall serve a copy of the report on all parties to the proceeding no later than seven calendar days before the hearing. (d) Within five calendar days of the request described in subdivision (b), the court shall set a hearing to be held within 45 days after the start of the placement and give notice of the hearing to all parties to the proceeding, and the minor’s tribe in the case of an Indian child to whom subparagraph (E) of paragraph (1) of subdivision (d) of Section 224.1 applies. (e) When reviewing each placement of the minor or nonminor dependent in a short-term residential therapeutic program or community treatment facility, the court shall do all of the following: (1) Consider the information specified in subdivision (c). (2) Determine whether the needs of the minor or nonminor dependent can be met through placement in a family-based setting, or, if not, whether placement in a short-term residential therapeutic program or community treatment facility, as applicable, provides the most effective and appropriate care setting for the minor or nonminor dependent in the least restrictive environment. A shortage or lack of resource family homes shall not be an acceptable reason for determining that the needs of the minor or nonminor dependent cannot be met in a family-based setting. (3) Determine whether the short-term residential therapeutic program or community treatment facility level of care, as applicable, is consistent with the short- and long-term mental and behavioral health goals and permanency plan for the minor or nonminor dependent. (4) In the case of an Indian child, determine whether there is good cause to depart from the placement preferences set forth in Section 361.31. (5) Approve or disapprove the placement. (6) Make a finding, either in writing or on the record, of the basis for its determinations pursuant to this subdivision. (f) If the court disapproves the placement, the court shall order the probation officer to transition the minor or nonminor dependent to a placement setting that is consistent with the determinations made pursuant to subdivision (e) within 30 days of the disapproval. (g) This section does not prohibit the court from reviewing the placement of a minor or nonminor dependent in a short-term residential therapeutic program or community treatment facility pursuant to subdivision (a) at a regularly scheduled hearing if that hearing is held within 60 days of the placement and the information described in subdivision (c) has been presented to the court. (h) (1) On or before October 1, 2021, for placements into a short-term residential therapeutic program, the Judicial Council shall amend or adopt rules of court and shall develop or amend appropriate forms, as necessary, to implement this section, including developing a procedure to enable the court to review the placement without a hearing. (2) On or before October 1, 2022, for placements into a community treatment facility, the Judicial Council shall amend or adopt rules of court and shall develop or amend appropriate forms, as necessary, to implement this section, including developing a procedure to enable the court to review the placement without a hearing. (Amended by Stats. 2022, Ch. 50, Sec. 26. (SB 187) Effective June 30, 2022.)
  175. 727.13.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 18. Wards—Judgments and Orders [725 - 742] ( Heading of Article 18 renumbered from Article 9 by Stats. 1976, Ch. 1068. )

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    This section sets procedures for court review and authorization of voluntary admission of certain minors and nonminor dependents to a psychiatric residential treatment facility.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 18. Wards—Judgments and Orders [725 - 742] ( Heading of Article 18 renumbered from Article 9 by Stats. 1976, Ch. 1068. ) ## 727.13. (a) (1) Whenever voluntary admission into a psychiatric residential treatment facility is sought for a minor or nonminor dependent who is subject to a petition pursuant to Section 601 or 602, the court shall review the application for a voluntary admission as described in this section. A minor may not be admitted for inpatient treatment prior to court authorization unless the minor is subject to an involuntary hold pursuant to Chapter 2 (commencing with Section 5585.50) of Part 1.5 of Division 5. (2) For purposes of this section, “voluntary admission” for a child within the custody of a parent, guardian, or Indian custodian refers to the parent, guardian, or Indian custodian’s voluntary decision to have the child admitted to a psychiatric residential treatment facility. “Voluntary admission” for a child not within the custody of a parent, guardian, or Indian custodian refers to the child’s decision to voluntarily admit themselves pursuant to Section 6552. “Voluntary admission” for a nonminor dependent refers to the nonminor dependent’s decision to voluntarily admit themselves. (b) (1) When a parent, guardian, or Indian custodian who retains physical custody of a minor under the jurisdiction of the juvenile court pursuant to Section 601 or 602 seeks to have a minor admitted to a psychiatric residential treatment facility, or when a minor who is the subject of a petition pursuant to Section 601 or 602 seeks to make a voluntary admission to a psychiatric residential treatment facility, the probation officer shall file an ex parte application for an order authorizing the voluntary admission pursuant to Section 6552 within 48 hours of being informed of the request or, if the courts are closed for more than 48 hours after being informed of the request, on the first judicial day after being informed of the request. The application shall satisfy the requirements of Title 3 of the California Rules of Court, and include all of the following: (A) A brief description of the minor mental disorder. (B) The name of the psychiatric residential treatment facility proposed for treatment. (C) A brief description of how the mental disorder may reasonably be expected to be cured or ameliorated by the course of treatment offered by the psychiatric residential treatment facility. (D) A brief description of why the facility is the least restrictive setting for care and why there are no other available hospitals, programs, or facilities which might better serve the minor’s medical needs and best interest. (E) A copy of the plan required by subdivisions (c) and (d) of Section 16010.10. (F) (i) If the parent, guardian, or Indian custodian is seeking the minor’s admission to the facility, the basis of their belief that the minor’s admission to a psychiatric residential treatment facility is necessary. (ii) If the minor is seeking admission, whether the parent, guardian, or Indian custodian agrees with the minor request for admission. (G) A description of any mental health services, including community-based mental health services, that were offered or provided and an explanation for why those services were not sufficient, or an explanation for why no such services were offered or provided. (H) A statement describing how the minor was given the opportunity to confer privately with their counsel regarding the application. (I) A brief description of whether any member of the minor’s child and family team, if applicable, objects to the admission, and the reasons for the objection, if any. (J) The information required by this paragraph shall be sufficient to satisfy the applicant’s initial burden of establishing the need for an ex parte hearing required by subdivision (c) of Rule 3.1202 of the California Rules of Court. (2) Upon receipt of an ex parte application pursuant to paragraph (1), the juvenile court shall schedule a hearing for the next judicial day. The court clerk shall immediately notify the probation officer and the minor’s counsel of the date, time, and place for the hearing. (3) The probation officer shall provide notice of the hearing in accordance with Title 3 of the California Rules of Court to the minor and their counsel of record, the minor’s parents or guardian, the minor’s tribe in the case of an Indian child, and any person designated as the minor’s educational or developmental representative pursuant to subdivision (b) of Section 726. The provisions in subdivision (c) of Section 527 of the Code of Civil Procedure shall apply to notice of the hearing. The probation officer shall make arrangements for the minor to be transported to the hearing. (c) (1) At the hearing, the court shall consider evidence in the form of oral testimony under oath, affidavit, or declaration, or other admissible evidence, including a probation department court report, as to all of the following: (A) Whether the minor suffers from a mental disorder which may reasonably be expected to be cured or ameliorated by a course of treatment offered by the psychiatric residential treatment facility in which the minor wishes to be placed. (B) Whether the psychiatric residential treatment facility is the least restrictive setting for care. (C) Whether there is any other available hospital, program, or facility which might better serve the minor’s medical needs and best interest, including less restrictive facilities or community-based care. (D) Whether and how the minor, parent, or legal guardian, as appropriate, has been advised of the nature of inpatient psychiatric services, patient’s rights as identified in Section 6006, and their right to contact a patients’ rights advocate. (E) Whether and how the probation officer addressed the possible voluntary admission with the minor’s attorney. (F) Whether the minor was given the opportunity to confer privately with their attorney while considering a voluntary admission. (G) Whether and how the possible voluntary admission was addressed with the child and family team, whether any member of the team objects to voluntary admission, and the reasons for the objection. (H) The probation department’s plan for the minor, as described in Section 16010.10. (I) A brief description of any community-based mental health services that were offered or provided, or an explanation for why no such services were offered or provided. (2) (A) If the minor’s parent, guardian, or Indian custodian seeks to give voluntary consent to the child’s admission, the court shall inquire about the child’s position on the admission. (B) If the minor seeks to give voluntary consent to admission, the court shall inquire of the minor whether they knowingly and intelligently consent to admission into the psychiatric residential treatment facility, and whether they are giving consent without fear or threat of detention or initiation of conservatorship proceedings. (3) The court shall not continue the hearing unless the minor consents to the continuance and the court determines that additional evidence is necessary to support the findings required by subdivision (c). Any continuance shall be for only such period of time as is necessary to obtain the evidence and only if it is not detrimental to the minor’s health condition. (d) (1) The court may grant a parent, guardian, or Indian custodian’s request to have a child admitted, or authorize the minor’s voluntary consent to admission, into a psychiatric residential treatment facility only if it finds, by clear and convincing evidence, all of the following: (A) That the minor suffers from a mental disorder which may reasonably be expected to be cured or ameliorated by a course of treatment offered by the hospital, facility, or program in which the minor wishes to be placed. (B) That the psychiatric residential treatment facility is the least restrictive setting to treat the child’s mental disorder. (C) That there is no other available hospital, program, facility, or community-based care which might better serve the minor’s medical needs and best interest. (D) That the minor has given knowing and intelligent consent to admission to the facility and that the consent was not made under fear or threat of detention or initiation of conservatorship proceedings. (E) That the minor and, where appropriate, the parent or guardian have been advised of the nature of inpatient psychiatric, patient’s rights as identified in Section 6006, and their right to contact a patients’ rights advocate. (2) (A) When authorizing a parent’s or guardian’s consent to admission or the minor’s voluntary consent, the court may make any orders necessary to ensure that the child welfare services agency promptly makes all necessary arrangements to ensure that the minor is discharged in a timely manner and with all services and supports in place as necessary for a successful transition into a less restrictive setting. (B) The court’s order authorizing the admission to a psychiatric residential treatment facility shall be effective until the first of the following events occurs: (1) the parent, guardian, or Indian custodian, or the child if admission was granted pursuant to Section 6552, withdraws consent for the child to be present in the psychiatric residential treatment facility, (2) the court finds that the child no longer suffers from a mental disorder that may reasonably expected to be ameliorated by the treatment offered by the facility or that the psychiatric residential treatment facility is no longer the least restrictive setting for the treatment of the child’s mental health needs, or (3) the court makes a superseding order. (3) For minors who were in the custody of their parent, legal guardian or Indian custodian at the time of the authorization of admission, and based on the evidence presented during the ex parte hearing, the court shall consider whether the parent’s, legal guardian’s or Indian custodian’s conduct contributed to the deterioration of the minor’s mental disorder. If the court determines that the parent’s, legal guardian’s, or Indian custodian’s conduct may have contributed to the deterioration, it shall direct the county probation department to investigate whether the child may be safely returned to the custody of the parent, legal guardian or Indian custodian upon their discharge from the psychiatric residential treatment facility and to take appropriate action, including, but not limited to, assessing the minor pursuant to Section 241.1, making a report to the county child welfare services agency’s suspected child abuse and neglect hotline, or proceeding to modify court orders pursuant to Article 20 (commencing with Section 775). (e) (1) Whenever a nonminor dependent under the supervision of a county juvenile probation department seeks to voluntarily consent to admission to a psychiatric residential treatment facility, the probation officer shall file an ex parte application within 48 hours of the request or, if the courts are closed for more than 48 hours after being informed of the request, on the first judicial day after being informed of the request, for a hearing to address whether the nonminor dependent has been advised of the nature of inpatient psychiatric services, patient’s rights as identified in Section 6006, and their right to contact a patients’ rights advocate, and gives informed voluntary consent to admission. The application shall satisfy the requirements of Title 3 of the California Rules of Court, and include all of the following: (A) A brief description of the medical necessity for admission into a psychiatric residential treatment facility. (B) The name of the psychiatric residential treatment facility proposed for treatment. (C) A copy of the probation department’s plan developed pursuant to subdivisions (c) and (d) of Section 16010.10. (D) A description of any mental health services, including community-based mental health services, that were offered or provided to the nonminor dependent and an explanation for why those services were not sufficient, or an explanation for why no such services were offered or provided. (E) A brief description of whether the nonminor dependent believes admission to a less restrictive facility would not adequately address their mental disorder. (F) A statement describing how the nonminor dependent was given the opportunity to confer privately with their counsel regarding the application. (G) The information required by this paragraph shall be considered sufficient to satisfy the applicant’s initial burden of establishing the need for an ex parte hearing required by subdivision (c) of Rule 3.1202 of the California Rules of Court. (2) Upon receipt of an ex parte application pursuant to paragraph (1), the juvenile court shall schedule a hearing for the next judicial day. The court clerk shall immediately notify the probation officer and the nonminor dependent’s counsel of the date, time, and place for the hearing. (3) The probation officer shall provide notice of the hearing in accordance with Title 3 of the California Rules of Court to all parties to the proceeding and their counsel of record, the nonminor dependent’s tribe, if applicable, the nonminor dependent’s court-appointed special advocate, if applicable, and any person designated as the nonminor dependent’s educational or developmental representative pursuant to subdivision (b) of Section 726. The provisions in subdivision (c) of Section 527 of the Code of Civil Procedure shall apply to notice of the hearing. The probation officer shall make arrangements for the nonminor dependent to be present for the hearing. (4) At the hearing, the court shall consider evidence in the form of oral testimony under oath, affidavit, or declaration, or other admissible evidence, as to all of the following: (A) Whether the nonminor dependent’s receipt of treatment in the psychiatric residential treatment facility is medically necessary. (B) Whether there is an available less restrictive setting sufficient to meet the nonminor dependent’s needs, including a less restrictive facility or community-based care. (C) Whether and how the nonminor dependent has been advised of the nature of inpatient psychiatric services, patient’s rights as identified in Section 6006, and their right to contact a patients’ rights advocate. (D) Whether and how the probation officer addressed the voluntary admission with the nonminor dependent’s attorney, including whether the nonminor dependent was given the opportunity to confer privately with their attorney about a voluntary admission. (E) Whether and how the possible voluntary admission was addressed with the child and family team, whether any member of the team objects to voluntary admission, and the reasons for the objection. (F) The probation department’s plan for the nonminor dependent, as described in Section 16010.10. (5) (A) The court shall make a finding whether the nonminor dependent has given knowing and intelligent consent to admission. If the court finds that the nonminor dependent has not given knowing and intelligent consent, it shall direct the probation officer to convey its finding to the facility and direct the facility to discharge the nonminor dependent. If the court finds that the nonminor dependent has given knowing and intelligent consent, nothing in this section requires a court order to discharge the nonminor if the nonminor dependent subsequently withdraws their consent. (B) The court may make any orders necessary to ensure that the probation department promptly makes all necessary arrangements to ensure that the nonminor dependent is discharged in a timely manner and with all services and supports in place as necessary for a successful transition into a less restrictive setting. (6) The judicial proceedings described in this subdivision shall not delay a nonminor dependent’s access to medically necessary services as defined in Section 14059.5 and Section 1396d(r) of Title 42 of the United States Code, which may include voluntary admission to a psychiatric residential treatment facility for inpatient psychiatric services, while the judicial proceedings are ongoing. (f) (1) (A) No later than 60 days following the admission of a minor to a psychiatric residential treatment facility, and every 30 days thereafter, the court shall hold a review hearing on the minor’s placement in the facility and the medical necessity of the placement. (B) If the hearing described in subparagraph (A) coincides with the date for a review hearing pursuant to Section 727.2, the court may hold the hearing simultaneously with the status review hearing. (C) At the hearing described in subparagraph (A), the court shall consider all of the following: (i) Whether the minor, or parent or guardian, continues to consent to the voluntary admission made pursuant to this section. (ii) Whether the minor continues to suffer from a mental disorder which may reasonably be expected to be cured or ameliorated by a course of treatment offered by the facility. (iii) Whether there continues to be no other available hospital, program, facility, or community-based mental health service which might better serve the minor’s medical needs and best interest. (iv) Whether the psychiatric residential treatment facility, which is licensed pursuant to Section 4081, continues to meet its legal obligation to provide services to the minor. (v) The county probation department’s plan as described in subdivisions (c) and (d) of Section 16010.10, and the department’s actions to implement that plan. (D) If the court finds that the minor or their parent or guardian continues to give voluntary consent to admission, that the minor continues to suffer from a mental disorder which may reasonably be expected to be cured or ameliorated by a course of treatment offered by the facility, and that there continues to be no other available hospital, program, facility, or community-based mental health service which might better serve the minor’s medical need and best interest, the court may authorize continued inpatient psychiatric services for the minor in a psychiatric residential treatment facility. If the child has been in the facility for over 30 days, there shall be a rebuttable presumption that the facility is not the least restrictive alternative to serve the child’s medical need and best interest. (E) (i) If the court finds that the minor or their parent or guardian no longer consents to the minor’s admission, the court shall direct the probation officer to work immediately with the facility for discharge to a different setting with the appropriate and necessary services and supports in place. A statement from the minor’s attorney that the minor no longer gives voluntary consent to the admission to the facility may be sufficient to support a finding that the minor no longer gives voluntary consent. The court shall set a hearing no later than 30 days to verify that the minor has been discharged. If the minor has not been discharged by the time of the hearing, the court shall issue any and all orders to effectuate the child’s immediate discharge, including exercising its powers under subdivision (b) of Section 727. This paragraph does not preclude involuntary detention of the minor pursuant to the requirements of the Children’s Civil Commitment and Mental Health Treatment Act of 1988 or Lanterman-Petris-Short Act if the minor withdraws voluntary consent. This paragraph does not preclude a parent, guardian, Indian custodian, or the minor’s probation officer or attorney from arranging the minor’s discharge from the facility without a court order. (ii) If the court’s determination under clause (i) includes a determination that the minor should receive treatment through another hospital, program, facility, or community-based mental health service, the court shall hold a hearing no later than 60 days from the child’s discharge to ensure that the other services have been provided. (F) If the court determines the psychiatric residential treatment facility, which is licensed pursuant to Section 4081, failed to meet its legal obligation to provide services to the minor, it may direct the social worker to engage with the facility to ensure the minor is receiving all necessary services. If necessary, the court may exercise its powers under subdivision (b) of Section 727. (G) The court may make any orders necessary to ensure that the county probation department makes all necessary arrangements for the minor’s discharge promptly and that all services and supports are in place for the minor’s successful transition to a different setting. The court may direct the social worker to work with the facility on the child’s aftercare plans as appropriate based on the child’s progress. (2) (A) No later than 60 days following the admission of a nonminor dependent to a psychiatric residential treatment facility, and every 30 days thereafter, the court shall hold a review hearing on the child or nonminor dependent’s placement in the facility and the medical necessity of that placement. (B) If the hearing described in subparagraph (A) coincides with the date for a hearing pursuant to Sections 366.31 and 727.25, the court may hold the hearing simultaneously with the status review hearing. (C) At the hearing in subparagraph (A), the court shall consider all of the following: (i) Whether the nonminor dependent continues to consent to the voluntary admission made pursuant to this section. (ii) Whether there is an available less restrictive setting sufficient to meet the nonminor dependent’s needs, including a less restrictive facility or community-based care. (iii) Whether the nonminor dependent continues to meet medical necessity for care and treatment in the psychiatric residential treatment facility. (iv) Whether the psychiatric residential treatment facility, which is licensed pursuant to Section 4081, continues to meet its legal obligation to provide services to the nonminor dependent. (v) The county child welfare agency’s plan as described in subdivisions (c) and (d) of Section 16010.10, and the agency’s actions to implement that plan. (D) If the court finds at any review hearing that the nonminor dependent continues to voluntarily consent to admission and that the evidence supports the nonminor dependent’s need for care and treatment in the psychiatric residential treatment facility, the court shall enter these findings in the record and direct the probation officer to transmit them to the facility or interdisciplinary team. If the nonminor dependent continues to voluntarily consent to admission, the court may direct the probation officer to work with the facility on the nonminor dependent’s aftercare plans as appropriate based on the nonminor dependent’s needs to achieve independence. (E) (i) If the court finds that the nonminor dependent no longer voluntarily consents, the court shall direct the probation officer to notify the facility and immediately work with the nonminor dependent and the facility for discharge to a less restrictive setting with the appropriate and necessary services and supports in place. A statement from the nonminor dependent’s attorney that the nonminor dependent no longer gives voluntary consent to the admission to the facility may be sufficient to support a finding that the nonminor dependent no longer gives voluntary consent. The court shall set a hearing no later than 30 days to verify that the nonminor dependent has been discharged. If the nonminor dependent has not been discharged by the time of the hearing, the court shall issue any and all orders to effectuate the nonminor dependents’s immediate discharge, including exercising its powers under subdivision (b) of Section 727. This paragraph does not preclude involuntary detention of the nonminor dependent pursuant to the requirements of the Lanterman-Petris-Short Act if the nonminor dependent withdraws voluntary consent. This paragraph does not preclude the nonminor dependent from arranging their own discharge from the facility without a court order. (ii) If the court’s determination under clause (i) includes a determination that the nonminor dependent should receive treatment through another hospital, program, facility, or community-based mental health service, the court shall hold a hearing no later than 60 days from the nonminor dependent’s discharge to ensure that the other services have been provided. (F) This paragraph does not prevent the court from holding review hearings more frequently at its discretion. (g) (1) The court’s order authorizing a request for admission to a psychiatric residential treatment facility shall be effective until the first of the following events occurs: (1) the parent, guardian, or Indian custodian, or minor if admission was granted pursuant to Section 6552, or nonminor dependent withdraws consent for the minor or nonminor dependent to be present in the psychiatric residential treatment facility, (2) the court finds that the minor or nonminor dependent no longer suffers from a mental disorder that may reasonably expected to be ameliorated by the treatment offered by the facility or that the psychiatric residential treatment facility is no longer the least restrictive setting for the treatment of the minor’s mental health needs, or (3) the court makes a superseding order. This section does not require a court order to discharge a patient if the parent, guardian, Indian custodian, minor, or nonminor dependent withdraw their consent for admission. (2) Whenever a minor or nonminor dependent is discharged due to revocation of consent to admission, the county probation department shall, within two court days of being notified of the revocation of consent, file a petition pursuant to Section 778 requesting an order vacating the court’s authorization of the minor’s or nonminor dependent’s admission to the facility. This subdivision does not require a court order for the discharge of a minor arranged for by the child’s probation officer or attorney or nonminor dependent when consent to admission has been withdrawn. (h) At any review hearing pursuant to Section 366.31, 727.2, or 727.25, if a minor or nonminor dependent has been admitted to a psychiatric residential treatment facility, as defined in Section 1250.10, pursuant to the consent of a conservator, the court shall review the probation department’s plan developed pursuant to subdivisions (c) and (d) of Section 16010.10. The court may make any orders necessary to ensure that the probation department promptly makes all necessary arrangements to ensure that the minor or nonminor dependent is discharged in a timely manner and with all services and supports in place as necessary for a successful transition to a less restrictive setting. The court may direct the probation officer to work with the facility or, where appropriate, the minor’s or nonminor dependent’s court-appointed conservator to ensure the minor or nonminor dependent is receiving all necessary child welfare services and to develop the minor’s or nonminor dependent’s aftercare plan as appropriate based on the evidence of the minor’s or nonminor dependent’s progress. (i) The documentation required by this section shall not contain information that is privileged or confidential under existing state or federal law or regulation without the appropriate wavier or consent. (j) For purposes of this section, a “psychiatric residential treatment facility” refers to a psychiatric residential treatment facility defined in Section 1250.10 of the Health and Safety Code. (k) All provisions in this section that apply to nonminor dependents shall apply equally to foster children who remain under juvenile court jurisdiction pursuant to subdivision (a) of Section 303 after reaching the age of majority even if they do not meet the definition of “nonminor dependent” contained in subdivision (v) of Section 11400. (Amended by Stats. 2023, Ch. 311, Sec. 27. (SB 883) Effective January 1, 2024.)
  176. 727.2.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 18. Wards—Judgments and Orders [725 - 742] ( Heading of Article 18 renumbered from Article 9 by Stats. 1976, Ch. 1068. )

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    This section requires juvenile court review and probation-department reporting for minors in foster care, with reunification services in some cases and specific exceptions, deadlines, and placement findings.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 18. Wards—Judgments and Orders [725 - 742] ( Heading of Article 18 renumbered from Article 9 by Stats. 1976, Ch. 1068. ) ## 727.2. The purpose of this section is to provide a means to monitor the safety and well-being of every minor in foster care who has been declared a ward of the juvenile court pursuant to Section 601 or 602 and to ensure that everything reasonably possible is done to facilitate the safe and early return of the minor to the minor’s home or to establish an alternative permanent plan for the minor. (a) If the court orders 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 juvenile court shall order the probation department to ensure the provision of reunification services to facilitate the safe return of the minor to the minor’s home or the permanent placement of the minor, and to address the needs of the minor while in foster care, except as provided in subdivision (b). (b) (1) Reunification services need not be provided to a parent or legal guardian if the court finds by clear and convincing evidence that one or more of the following is true: (A) Reunification services were previously terminated for that parent or guardian, pursuant to Section 366.21, 366.22, or 366.25, or not offered, pursuant to subdivision (b) of Section 361.5, in reference to the same minor. (B) The parent has been convicted of any of the following: (i) Murder of another child of the parent. (ii) Voluntary manslaughter of another child of the parent. (iii) Aiding or abetting, attempting, conspiring, or soliciting to commit that murder or manslaughter described in clause (i) or (ii). (iv) A felony assault that results in serious bodily injury to the minor or another child of the parent. (C) The parental rights of the parent with respect to a sibling have been terminated involuntarily, and it is not in the best interest of the minor to reunify with the minor’s parent or legal guardian. (2) If no reunification services are offered to the parent or guardian, the permanency planning hearing, as described in Section 727.3, shall occur within 30 days of the date of the hearing at which the decision is made not to offer services. (c) The status of every minor declared a ward and ordered to be placed in foster care shall be reviewed by the court no less frequently than once every six months. The six-month time periods shall be calculated from the date the minor entered foster care, as defined in paragraph (4) of subdivision (d) of Section 727.4. If the court so elects, the court may declare the hearing at which 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 at the first status review hearing. It shall be the duty of the probation officer to prepare a written social study report pursuant to subdivision (c) of Section 706.5, including an updated case plan, as described in Section 706.6, and submit the report to the court prior to each status review hearing, pursuant to subdivision (b) of Section 727.4. The social study report shall include all reports the probation officer relied upon in making their recommendations. (d) Prior to any status review hearing involving a minor in the physical custody of a community care facility or foster family agency, the facility or agency may provide the probation officer with a report containing its recommendations. Prior to any status review hearing involving the physical custody of a foster parent, relative caregiver, preadoptive parent, or legal guardian, that person may present to the court a report containing the person’s recommendations. The court shall consider all reports and recommendations filed pursuant to subdivision (c) and pursuant to this subdivision. (e) At any status review hearing prior to the first permanency planning hearing, the court shall consider the safety of the minor and make findings and orders which determine the following: (1) The continuing necessity for and appropriateness of the placement. If the minor or nonminor dependent is placed in a short-term residential therapeutic program on or after October 1, 2021, or a community treatment facility on or after July 1, 2022, the court shall consider the evidence and documentation submitted in the social study pursuant to subparagraph (B) of paragraph (1) of subdivision (c) of Section 706.5 in making this determination. (2) The extent of the probation department’s compliance with the case plan in making reasonable efforts, or in the case of a child 16 years of age or older with another planned permanent living arrangement, the ongoing and intensive efforts to safely return the minor to the minor’s home or to complete whatever steps are necessary to finalize the permanent placement of the minor. (3) Whether there should be any limitation on the right of the parent or guardian to make educational decisions for the minor. That limitation shall be specifically addressed in the court order and may not exceed what is necessary to protect the minor. If the court specifically limits the right of the parent or guardian to make educational decisions for the minor, the court shall at the same time appoint a responsible adult to make educational decisions for the minor pursuant to Section 726. (4) The extent of progress that has been made by the minor and parent or guardian toward alleviating or mitigating the causes necessitating placement in foster care. (5) The likely date by which the minor may be returned to and safely maintained in the home or placed for adoption, appointed a legal guardian, permanently placed with a fit and willing relative, or, if the minor is 16 years of age or older, referred to another planned permanent living arrangement. (6) (A) In the case of a minor who has reached 16 years of age, the court shall, in addition, determine the services needed to assist the minor to make the transition from foster care to successful adulthood. (B) The court shall make these determinations on a case-by-case basis and reference in its written findings the probation officer’s report and any other evidence relied upon in reaching its decision. (7) (A) For a child who is 10 years of age or older, is in junior high, middle, or high school, and has been declared a ward of the juvenile court pursuant to Section 601 or 602 for a year or longer whether the probation officer has taken the actions described in subparagraph (F) of paragraph (1) of subdivision (a) of Section 366. (B) On or before January 1, 2023, the Judicial Council shall amend and adopt rules of court and develop appropriate forms for the implementation of this paragraph. (8) For a child who is 16 years of age or older or for a nonminor dependent, whether the probation officer has, pursuant to the requirements of paragraph (22) of subdivision (g) of Section 16501.1, identified the person or persons who shall be responsible for assisting the child or nonminor dependent with applications for postsecondary education and related financial aid, or that the child or nonminor dependent stated that they do not want to pursue postsecondary education, including career or technical education. (f) At any status review hearing prior to the first permanency hearing, after considering the admissible and relevant evidence, the court shall order return of the minor to the physical custody of the minor’s parent or legal guardian unless the court finds, by a preponderance of evidence, that the return of the minor to the minor’s parent or legal guardian would create a substantial risk of detriment to the safety, protection, or physical or emotional well-being of the minor. The probation department shall have the burden of establishing that detriment. In making its determination, the court shall review and consider the social study report, recommendations, and the case plan pursuant to subdivision (b) of Section 706.5, the report and recommendations of any child advocate appointed for the minor in the case, and any other reports submitted to the court pursuant to subdivision (d), and shall consider the efforts or progress, or both, demonstrated by the minor and family and the extent to which the minor availed themselves of the services provided. (g) At all status review hearings subsequent to the first permanency planning hearing, the court shall consider the safety of the minor and make the findings and orders as described in paragraphs (1) to (4), inclusive, and (6) of subdivision (e). The court shall either make a finding that the previously ordered permanent plan continues to be appropriate or shall order that a new permanent plan be adopted pursuant to subdivision (b) of Section 727.3. However, the court shall not order a permanent plan of “return to the physical custody of the parent or legal guardian after further reunification services are offered,” as described in paragraph (2) of subdivision (b) of Section 727.3. (h) The status review hearings required by subdivision (c) may be heard by an administrative review panel, provided that the administrative panel meets all of the requirements listed in subparagraph (B) of paragraph (7) of subdivision (d) of Section 727.4. (i) (1) At any status review hearing at which a recommendation to terminate delinquency jurisdiction is being considered, or at the status review hearing held closest to the ward attaining 18 years of age, but no fewer than 90 days before the ward’s 18th birthday, the court shall consider whether to modify its jurisdiction pursuant to Section 601 or 602 and assume transition jurisdiction over the minor pursuant to Section 450. The probation department shall address this issue in its report to the court and make a recommendation as to whether transition jurisdiction is appropriate for the minor. (2) The court shall order the probation department or the minor’s attorney to submit an application to the child welfare services department pursuant to Section 329 to declare the minor a dependent of the court and modify its jurisdiction from delinquency to dependency jurisdiction if it finds both of the following: (A) The ward does not come within the description set forth in Section 450, but jurisdiction as a ward may no longer be required. (B) The ward appears to come within the description of Section 300 and cannot be returned home safely. (3) The court shall set a hearing within 20 judicial days of the date of its order issued pursuant to paragraph (2) to review the decision of the child welfare services department and may either affirm the decision not to file a petition pursuant to Section 300 or order the child welfare services department to file a petition pursuant to Section 300. (j) If a review hearing pursuant to this section is the last review hearing to be held before the minor attains 18 years of age, the court shall ensure that the minor’s transitional independent living case plan includes a plan for the minor to meet one or more of the criteria in paragraphs (1) to (5), inclusive, of subdivision (b) of Section 11403, so that the minor can become a nonminor dependent, and that the minor has been informed of the minor’s right to decline to become a nonminor dependent and to seek termination of the court’s jurisdiction pursuant to Section 607.2. (Amended by Stats. 2022, Ch. 50, Sec. 27. (SB 187) Effective June 30, 2022.)
  177. 727.25.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 18. Wards—Judgments and Orders [725 - 742] ( Heading of Article 18 renumbered from Article 9 by Stats. 1976, Ch. 1068. )

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    The court may continue family reunification services for a nonminor dependent if all parties agree and reunification appears likely by the next review hearing, but it must stop services if those conditions are not met.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 18. Wards—Judgments and Orders [725 - 742] ( Heading of Article 18 renumbered from Article 9 by Stats. 1976, Ch. 1068. ) ## 727.25. (a) Notwithstanding any other law, the court may order family reunification services to continue for a nonminor dependent, as defined in subdivision (v) of Section 11400, if all parties are in agreement that the continued provision of court-ordered family reunification services is in the best interests of the nonminor dependent, and there is a substantial probability that the nonminor dependent will be able to safely reside in the home of the parent or guardian by the next review hearing. The continuation of court-ordered family reunification services shall not exceed the timeframes in Section 727.3. (b) If all parties are not in agreement or the court finds there is not a substantial probability that the nonminor will be able to return and safely reside in the home of the parent or guardian, the court shall terminate reunification services to the parents or guardian. (c) The continuation of court-ordered family reunification services under this section does not affect the nonminor’s eligibility for extended foster care benefits as a nonminor dependent as defined in subdivision (v) of Section 11400. The reviews conducted for any nonminor dependent shall be pursuant to Section 366.31. (d) The extension of reunification services only applies to youth under the delinquency jurisdiction of the court. (Added by Stats. 2012, Ch. 846, Sec. 31. (AB 1712) Effective January 1, 2013.)
  178. 727.3.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 18. Wards—Judgments and Orders [725 - 742] ( Heading of Article 18 renumbered from Article 9 by Stats. 1976, Ch. 1068. )

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    This section sets hearing and reporting rules for juveniles in foster care and requires the court to choose a permanent plan for the minor.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 18. Wards—Judgments and Orders [725 - 742] ( Heading of Article 18 renumbered from Article 9 by Stats. 1976, Ch. 1068. ) ## 727.3. The purpose of this section is to provide a means to monitor the safety and well-being of every minor in foster care who has been declared a ward of the juvenile court pursuant to Section 601 or 602 and to ensure that everything reasonably possible is done to facilitate the safe and early return of the minor to his or her own home or to establish an alternative permanent plan for the minor. (a) (1) For every minor declared a ward and ordered to be placed in foster care, a permanency planning hearing shall be conducted within 12 months of the date the minor entered foster care, as defined in paragraph (4) of subdivision (d) of Section 727.4. Subsequent permanency planning hearings shall be conducted periodically, but no less frequently than once every 12 months thereafter during the period of placement. It shall be the duty of the probation officer to prepare a written social study report including an updated case plan and a recommendation for a permanent plan, pursuant to subdivision (c) of Section 706.5, and submit the report to the court prior to each permanency planning hearing, pursuant to subdivision (b) of Section 727.4. (2) Prior to any permanency planning hearing involving a minor in the physical custody of a community care facility or foster family agency, the facility or agency may file with the court a report containing its recommendations, in addition to the probation officer’s social study. Prior to any permanency planning hearing involving the physical custody of a foster parent, relative caregiver, preadoptive parent, or legal guardian, that person may present to the court a report containing his or her recommendations. The court shall consider all reports and recommendations filed pursuant to this subdivision. (3) If the minor has a continuing involvement with his or her parents or legal guardians, the parents or legal guardians shall be involved in the planning for a permanent placement. The court order placing the minor in a permanent placement shall include a specification of the nature and frequency of visiting arrangements with the parents or legal guardians and, if any, the siblings. (4) At each permanency planning hearing, the court shall order a permanent plan for the minor, as described in subdivision (b). The court shall also make findings, as described in subdivision (e) of Section 727.2. In the case of a minor who has reached 16 years of age or older, the court shall, in addition, determine the services needed to assist the minor to make the transition from foster care to successful adulthood. The court shall make all of these determinations on a case-by-case basis and make reference to the probation officer’s report, the case plan, or other evidence relied upon in making its decisions. (5) When the minor is 16 years of age or older, and is in another planned permanent living arrangement, the court, at each permanency planning hearing, shall do all of the following: (A) Ask the minor about his or her desired permanency outcome. (B) Make a judicial determination explaining why, as of the hearing date, another planned permanent living arrangement is the best permanency plan for the minor. (C) State for the record the compelling reason or reasons why it continues not to be in the best interest of the minor to return home, be placed for adoption, be placed with a legal guardian, or be placed with a fit and willing relative. (b) At all permanency planning hearings, the court shall determine the permanent plan for the minor. The court shall order one of the following permanent plans, in order of priority: (1) Return of the minor to the physical custody of the parent or legal guardian. After considering the admissible and relevant evidence, the court shall order the return of the minor to the physical custody of his or her parent or legal guardian unless: (A) Reunification services were not offered, pursuant to subdivision (b) of Section 727.2. (B) The court finds, by a preponderance of the evidence, that the return of the minor to his or her parent or legal guardian would create a substantial risk of detriment to the safety, protection, or physical or emotional well-being of the minor. The probation department shall have the burden of establishing that detriment. In making its determination, the court shall review and consider the social study report and recommendations pursuant to Section 706.5, the report and recommendations of any child advocate appointed for the minor in the case, and any other reports submitted pursuant to paragraph (2) of subdivision (a), and shall consider the efforts or progress, or both, demonstrated by the minor and family and the extent to which the minor availed himself or herself of the services provided. (2) Order that the permanent plan for the minor will be to return the minor to the physical custody of the parent or legal guardian, order further reunification services to be provided to the minor and his or her parent or legal guardian for a period not to exceed six months and continue the case for up to six months for a subsequent permanency planning hearing, provided that the subsequent hearing shall occur within 18 months of the date the minor was originally taken from the physical custody of his or her parent or legal guardian. The court shall continue the case only if it finds that there is a substantial probability that the minor will be returned to the physical custody of his or her parent or legal guardian and safely maintained in the home within the extended period of time or that reasonable services have not been provided to the parent or guardian. For purposes of this section, in order to find that there is a substantial probability that the minor will be returned to the physical custody of his or her parent or legal guardian, the court shall be required to find that the minor and his or her parent or legal guardian have demonstrated the capacity and ability to complete the objectives of the case plan. The court shall inform the parent or legal guardian that if the minor cannot be returned home by the next permanency planning hearing, a proceeding pursuant to Section 727.31 may be initiated. The court shall not continue the case for further reunification services if it has been 18 months or more since the date the minor was originally taken from the physical custody of his or her parent or legal guardian. (3) Identify adoption as the permanent plan and order that a hearing be held within 120 days, pursuant to the procedures described in Section 727.31. The court shall only set a hearing pursuant to Section 727.31 if there is clear and convincing evidence that reasonable services have been provided or offered to the parents. When the court sets a hearing pursuant to Section 727.31, it shall order that an adoption assessment report be prepared, pursuant to subdivision (b) of Section 727.31. (4) Order a legal guardianship, pursuant to procedures described in subdivisions (c) to (f), inclusive, of Section 728. (5) Place the minor with a fit and willing relative. “Placement with a fit and willing relative” means placing the minor with an appropriate approved relative who is willing to provide a permanent and stable home for the minor, but is unable or unwilling to become the legal guardian. When a minor is placed with a fit and willing relative, the court may authorize the relative to provide the same legal consent for the minor’s medical, surgical, and dental care, and education as the custodial parent of the minor. (6) (A) If he or she is 16 years of age or older, place the minor in another planned permanent living arrangement. For purposes of this section, “planned permanent living arrangement” means any permanent living arrangement described in Section 11402 that is ordered by the court for a minor 16 years of age or older when there is a compelling reason or reasons to determine that it is not in the best interest of the minor to have any permanent plan listed in paragraphs (1) to (5), inclusive. These plans include, but are not limited to, placement in a specific, identified foster home, program, or facility on a permanent basis, or placement with a transitional housing placement provider. When the court places a minor in a planned permanent living arrangement, the court shall specify the goal of the placement, which may include, but shall not be limited to, return home, emancipation, guardianship, or permanent placement with a relative. The court shall only order that the minor remain in a planned permanent living arrangement if the court finds by clear and convincing evidence, based upon the evidence already presented to it, that there is a compelling reason, as defined in subdivision (c), for determining that a plan of termination of parental rights and adoption is not in the best interest of the minor. (B) If the minor is under 16 years of age and the court finds by clear and convincing evidence, based upon the evidence already presented to it, that there is a compelling reason, as defined in subdivision (c), for determining that a plan of termination of parental rights and adoption is not in the best interest of the minor as of the hearing date, the court shall order the minor to remain in a foster care placement with a permanent plan of return home, adoption, legal guardianship, or placement with a fit and willing relative, as appropriate. The court shall make factual findings identifying any barriers to achieving the permanent plan as of the hearing date. (c) A compelling reason for determining that a plan of termination of parental rights and adoption is not in the best interest of the minor is any of the following: (1) Documentation by the probation department that adoption is not in the best interest of the minor and is not an appropriate permanency goal. That documentation may include, but is not limited to, documentation that: (A) The minor is 12 years of age or older and objects to termination of parental rights. (B) The minor is 17 years of age or older and specifically requests that transition to independent living with the identification of a caring adult to serve as a lifelong connection be established as his or her permanent plan. On and after January 1, 2012, this includes a minor who requests that his or her transitional independent living case plan include modification of his or her jurisdiction to that of dependency jurisdiction pursuant to subdivision (b) of Section 607.2 or subdivision (i) of Section 727.2, or to that of transition jurisdiction pursuant to Section 450, in order to be eligible as a nonminor dependent for the extended benefits pursuant to Section 11403. (C) The parent or guardian and the minor have a significant bond, but the parent or guardian is unable to care for the minor because of an emotional or physical disability, and the minor’s caregiver has committed to raising the minor to the age of majority and facilitating visitation with the disabled parent or guardian. (D) The minor agrees to continued placement in a residential treatment facility that provides services specifically designed to address the minor’s treatment needs, and the minor’s needs could not be served by a less restrictive placement. The probation department’s recommendation that adoption is not in the best interest of the minor shall be based on the present family circumstances of the minor and shall not preclude a different recommendation at a later date if the minor’s family circumstances change. (2) Documentation by the probation department that no grounds exist to file for termination of parental rights. (3) Documentation by the probation department that the minor is an unaccompanied refugee minor, or there are international legal obligations or foreign policy reasons that would preclude terminating parental rights. (4) A finding by the court that the probation department was required to make reasonable efforts to reunify the minor with the family pursuant to subdivision (a) of Section 727.2, and did not make those efforts. (5) Documentation by the probation department that the minor is living with a relative who is unable or unwilling to adopt the minor because of exceptional circumstances that do not include an unwillingness to accept legal or financial responsibility for the minor, but who is willing to provide, and capable of providing, the minor with a stable and permanent home environment, and the removal of the minor from the physical custody of his or her relative would be detrimental to the minor’s emotional well-being. (d) Nothing in this section shall be construed to limit the ability of a parent to voluntarily relinquish his or her child to the State Department of Social Services when it is acting as an adoption agency or to a county adoption agency at any time while the minor is a ward of the juvenile court if the department or county adoption agency is willing to accept the relinquishment. (e) Any change in the permanent plan of a minor placed with a fit and willing relative or in a planned permanent living arrangement shall be made only by order of the court pursuant to a petition filed in accordance with Section 778 or at a regularly scheduled and noticed status review hearing or permanency planning hearing. Any change in the permanent plan of a minor placed in a guardianship shall be made only by order of the court pursuant to a motion filed in accordance with Section 728. (Amended by Stats. 2017, Ch. 731, Sec. 6. (SB 612) Effective January 1, 2018.)
  179. 727.31.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 18. Wards—Judgments and Orders [725 - 742] ( Heading of Article 18 renumbered from Article 9 by Stats. 1976, Ch. 1068. )

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    This section sets procedures for certain juvenile dependency hearings about permanently terminating parental rights and adoption placement.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 18. Wards—Judgments and Orders [725 - 742] ( Heading of Article 18 renumbered from Article 9 by Stats. 1976, Ch. 1068. ) ## 727.31. (a) This section applies to all minors placed in out-of-home care pursuant to Section 727.2 or 727.3 and for whom the juvenile court orders a hearing to consider permanently terminating parental rights to free the minor for adoption. Except for subdivision (j) of Section 366.26, the procedures for permanently terminating parental rights for minors described by this section shall proceed exclusively pursuant to Section 366.26. At the beginning of any proceeding pursuant to this section, if the minor is not being represented by previously retained or appointed counsel, the court shall appoint counsel to represent the minor, and the minor shall be present in court unless the minor or the minor’s counsel so requests and the court so orders. If a parent appears without counsel and is unable to afford counsel, the court shall appoint counsel for the parent, unless this representation is knowingly and intelligently waived. The same counsel shall not be appointed to represent both the minor and the parent. Private counsel appointed under this section shall receive a reasonable sum for compensation and expenses as specified in subdivision (f) of paragraph (3) of Section 366.26. (b) Whenever the court orders that a hearing pursuant to this section shall be held, it shall direct the agency supervising the minor and the county adoption agency, or the State Department of Social Services when it is acting as an adoption agency, to prepare an assessment that shall include all of the following: (1) Current search efforts for an absent parent or parents. (2) A review of the amount and nature of any contact between the minor and his or her parents and other members of his or her extended family since the time of placement. Although the extended family of each minor shall be reviewed on a case-by-case basis, “extended family” for the purpose of the paragraph shall include, but not be limited to, the minor’s siblings, grandparents, aunts, and uncles. (3) An evaluation of the minor’s medical, developmental, scholastic, mental, and emotional status. (4) A preliminary assessment of the eligibility and commitment of any identified prospective adoptive parent or guardian, particularly the caretaker, to include a social history, including screening for criminal records and prior referrals for child abuse or neglect, the capability to meet the minor’s needs, and the understanding of the legal and financial rights and responsibilities of adoption and guardianship. If a proposed guardian is a relative of the minor, the assessment shall also consider, but need not be limited to, all of the factors specified in subdivision (a) of Section 361.3 and Section 361.4. (5) The relationship of the minor to any identified prospective adoptive parent or guardian, the duration and character of the relationship, the degree of attachment of the child to the prospective relative guardian or adoptive parent, the relative’s or adoptive parent’s strong commitment to caring permanently for the child, the motivation for seeking adoption or guardianship, a statement from the minor concerning placement and the adoption or guardianship, and whether the minor, if over 12 years of age, has been consulted about the proposed relative guardianship arrangements, unless the minor’s age or physical, emotional, or other condition precludes his or her meaningful response, and if so, a description of the condition. (6) An analysis of the likelihood that the minor will be adopted if parental rights are terminated. (c) A relative caregiver’s preference for legal guardianship over adoption, if it is due to circumstances that do not include an unwillingness to accept legal or financial responsibility for the child, shall not constitute the sole basis for recommending removal of the child from the relative caregiver for purposes of adoptive placement. A relative caregiver shall be given information regarding the permanency options of guardianship and adoption, including the long-term benefits and consequences of each option, prior to establishing legal guardianship or pursuing adoption. (d) If at any hearing held pursuant to Section 366.26, a legal guardianship is established for the minor with an approved relative caregiver and juvenile court dependency is subsequently dismissed, the minor shall be eligible for aid under the Kin-GAP Program, as provided for in Article 4.5 (commencing with Section 11360) or Article 4.7 (commencing with Section 11385), as applicable, of Chapter 2 of Part 3 of Division 9. (e) For purposes of this section, “relative” means an adult who is related to the child 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,” or “grand,” or the spouse of any of those persons, even if the marriage was terminated by death or dissolution. (f) Whenever the court orders that a hearing pursuant to procedures described in this section be held, it shall order that the county adoption agency, or the State Department of Social Services when it is acting as an adoption agency, has exclusive responsibility for determining the adoptive placement and making all adoption-related decisions. (g) If the court, by order of judgment declares the minor free from the custody and control of both parents, or one parent if the other does not have custody and control, the court shall at the same time order the minor referred to the State Department of Social Services when it is acting as an adoption agency or a county adoption agency for adoptive placement by the agency. The order shall state that responsibility for custody of the minor shall be held jointly by the probation department and the State Department of Social Services when it is acting as an adoption agency or the county adoption agency. The order shall also state that the State Department of Social Services when it is acting as an adoption agency or the county adoption agency has exclusive responsibility for determining the adoptive placement and for making all adoption-related decisions. However, no petition for adoption may be granted until the appellate rights of the natural parents have been exhausted. (h) The notice procedures for terminating parental rights for minors described by this section shall proceed exclusively pursuant to Section 366.23. (Amended by Stats. 2012, Ch. 35, Sec. 63. (SB 1013) Effective June 27, 2012.)
  180. 727.32.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 18. Wards—Judgments and Orders [725 - 742] ( Heading of Article 18 renumbered from Article 9 by Stats. 1976, Ch. 1068. )

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    If a ward has been in foster care for 15 of the last 22 months, the probation department must start parental-rights termination procedures unless a documented best-interest reason exists or reasonable reunification efforts were not provided.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 18. Wards—Judgments and Orders [725 - 742] ( Heading of Article 18 renumbered from Article 9 by Stats. 1976, Ch. 1068. ) ## 727.32. (a) In any case where a minor has been declared a ward of the juvenile court and has been in foster care for 15 of the most recent 22 months, the probation department shall follow the procedures described in Section 727.31 to terminate the parental rights of the minor’s parents, unless the probation department has documented in the probation department file a compelling reason for determining that termination of the parental rights would not be in the minor’s best interests, or the probation department has not provided the family with reasonable efforts necessary to achieve reunification. For purposes of this section, compelling reasons for not terminating parental rights are those described in subdivision (c) of Section 727.3. (b) For the purposes of this section, 15 out of the 22 months shall be calculated from the “date entered foster care,” as defined in paragraph (4) of subdivision (d) of Section 727.4. When a minor experiences multiple exits from and entries into foster care during the 22-month period, the 15 months shall be calculated by adding together the total number of months the minor spent in foster care in the past 22 months. However, trial home visits and runaway episodes should not be included in calculating 15 months in foster care. (c) If the probation department documented a compelling reason at the time of the permanency planning hearing, pursuant to subparagraph (B) of paragraph (13) of subdivision (c) of Section 706.6, the probation department need not provide any additional documentation to comply with the requirements of this section. (d) When the probation department sets a hearing pursuant to Section 727.31, it shall concurrently make efforts to identify an approved family for adoption, and follow the procedures described in subdivision (b) of Section 727.31. (Amended by Stats. 2024, Ch. 46, Sec. 6. (AB 161) Effective July 2, 2024.)
  181. 727.4.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 18. Wards—Judgments and Orders [725 - 742] ( Heading of Article 18 renumbered from Article 9 by Stats. 1976, Ch. 1068. )

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    The probation officer must give hearing notice within the stated window, file proof of notice, and file a social study report before status review and permanency planning hearings.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 18. Wards—Judgments and Orders [725 - 742] ( Heading of Article 18 renumbered from Article 9 by Stats. 1976, Ch. 1068. ) ## 727.4. (a) (1) Notice of any hearing pursuant to Section 727, 727.2, or 727.3 shall be served 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, by personal service on those persons, or by electronic service pursuant to Section 212.5, 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 they may attend all hearings or may submit any information they deem 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 224.3. (b) At least 10 calendar days before 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 before 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 their 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 their 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 their 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 an Indian child custody proceeding, as defined in subdivision (d) of Section 224.1, “reasonable efforts” includes all of the efforts described in subparagraphs (B) and (C), but they shall include all of the standards and requirements specified for “active efforts” as defined in subdivision (f) of Section 224.1 and as required by 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 Section 224.1. (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 their 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. (Amended by Stats. 2024, Ch. 656, Sec. 24. (AB 81) Effective September 27, 2024.)
  182. 727.5.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 18. Wards—Judgments and Orders [725 - 742] ( Heading of Article 18 renumbered from Article 9 by Stats. 1976, Ch. 1068. )

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    If a minor is described in Section 601, the court may order community service, including graffiti cleanup, for up to 20 hours total over no more than 30 days, and it must be scheduled outside school or employment hours.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 18. Wards—Judgments and Orders [725 - 742] ( Heading of Article 18 renumbered from Article 9 by Stats. 1976, Ch. 1068. ) ## 727.5. If a minor is found to be a person described in Section 601, the court may order the minor to perform community service, including, but not limited to, graffiti cleanup, for a total time not to exceed 20 hours over a period not to exceed 30 days, during a time other than his or her hours of school attendance or employment. (Added by Stats. 1991, Ch. 1202, Sec. 19.)
  183. 727.6.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 18. Wards—Judgments and Orders [725 - 742] ( Heading of Article 18 renumbered from Article 9 by Stats. 1976, Ch. 1068. )

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    A minor adjudged a ward of the court for a sexually violent offense and committed to the Youth Authority must be given sexual offender treatment under Youth Authority protocols.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 18. Wards—Judgments and Orders [725 - 742] ( Heading of Article 18 renumbered from Article 9 by Stats. 1976, Ch. 1068. ) ## 727.6. Where any minor has been adjudged a ward of the court for the commission of a “sexually violent offense,” as defined in Section 6600, and committed to the Department of the Youth Authority, the ward shall be given sexual offender treatment consistent with protocols for that treatment developed or implemented by the Department of the Youth Authority. (Added by renumbering Section 727.2 (as added by Stats. 1999, Ch. 995) by Stats. 2000, Ch. 287, Sec. 27. Effective January 1, 2001.)
  184. 727.7.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 18. Wards—Judgments and Orders [725 - 742] ( Heading of Article 18 renumbered from Article 9 by Stats. 1976, Ch. 1068. )

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    A court may order a parent or guardian to attend antigang violence parenting classes in certain juvenile cases, and the Department of Justice must establish the curriculum.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 18. Wards—Judgments and Orders [725 - 742] ( Heading of Article 18 renumbered from Article 9 by Stats. 1976, Ch. 1068. ) ## 727.7. (a) If a minor is found to be a person described in Section 601 or 602 and the court finds that the minor is a first-time offender and orders that a parent or guardian retain custody of that minor, the court may order the parent or guardian to attend antigang violence parenting classes if the court finds the presence of significant risk factors for gang involvement on the part of the minor. (b) The Department of Justice shall establish curriculum for the antigang violence parenting classes required pursuant to this section, including, but not limited to, all of the following criteria: (1) A meeting in which the families of innocent victims of gang violence share their experience. (2) A meeting in which the surviving parents of a deceased gang member share their experience. (3) How to identify gang and drug activity in children. (4) How to communicate effectively with adolescents. (5) An overview of pertinent support agencies and organizations for intervention, education, job training, and positive recreational activities, including telephone numbers, locations, and contact names of those agencies and organizations. (6) The potential fines and periods of incarceration for the commission of additional gang-related offenses. (7) The potential penalties that may be imposed upon parents for aiding and abetting crimes committed by their children. (c) For purposes of this section, “gang-related” means that the minor was an active participant in a criminal street gang, as specified in subdivision (a) of Section 186.22 of the Penal Code, or committed an offense for the benefit of, or at the direction of, a criminal street gang, as specified in subdivision (b) or (d) of Section 186.22 of the Penal Code. (d) The father, mother, spouse, or other person liable for the support of the minor, the estate of that person, and the estate of the minor shall be liable for the cost of classes ordered pursuant to this section, unless the court finds that the person or estate does not have the financial ability to pay. In evaluating financial ability to pay, the court shall take into consideration the combined household income, the necessary obligations of the household, the number of persons dependent upon this income, and whether reduced monthly payments would obviate the need to waive liability for the full costs. (Amended by Stats. 2011, Ch. 258, Sec. 1. (AB 177) Effective January 1, 2012.)
  185. 7275.

    ## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. State Hospitals for the Mentally Disordered [7200 - 7375] ( Heading of Chapter 2 renumbered from Chapter 3 by Stats. 1979, Ch. 373. ) ## ARTICLE 4. Property and Support of Patients [7275 - 7296] ( Article 4 added by Stats. 1967, Ch. 1667. )

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    Some patients and estate-related persons must arrange care and maintenance for a state hospital patient and pay transportation costs, and they may be liable for the patient’s care and support in a state institution.

    ## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. State Hospitals for the Mentally Disordered [7200 - 7375] ( Heading of Chapter 2 renumbered from Chapter 3 by Stats. 1979, Ch. 373. ) ## ARTICLE 4. Property and Support of Patients [7275 - 7296] ( Article 4 added by Stats. 1967, Ch. 1667. ) ## 7275. (a) A patient in a state hospital, their estate, and the guardian or conservator and administrator of the estate of the patient shall cause the patient to be properly and suitably cared for and maintained, and shall pay the costs and charges for transportation to a state institution. The patient in a state hospital and the administrators of their estate, and the estate of the person shall be liable for their care, support, and maintenance in a state institution of which they are a patient. The liability shall exist whether the person has become a patient of a state institution pursuant to the provisions of this code or pursuant to the provisions of Sections 1026, 1368, 1369, 1370, and 1372 of the Penal Code. (b) This section does not impose liability for the care of persons with intellectual disabilities in state hospitals. (Amended by Stats. 2021, Ch. 143, Sec. 356. (AB 133) Effective July 27, 2021.)
  186. 7276.

    ## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. State Hospitals for the Mentally Disordered [7200 - 7375] ( Heading of Chapter 2 renumbered from Chapter 3 by Stats. 1979, Ch. 373. ) ## ARTICLE 4. Property and Support of Patients [7275 - 7296] ( Article 4 added by Stats. 1967, Ch. 1667. )

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    The department must run a financial assistance program for state hospital patients and may reduce, cancel, or waive charges in some cases.

    ## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. State Hospitals for the Mentally Disordered [7200 - 7375] ( Heading of Chapter 2 renumbered from Chapter 3 by Stats. 1979, Ch. 373. ) ## ARTICLE 4. Property and Support of Patients [7275 - 7296] ( Article 4 added by Stats. 1967, Ch. 1667. ) ## 7276. (a) The charge for the care and treatment of all persons who have mental health disorders at state hospitals for whom there is liability to pay therefor shall be determined pursuant to Section 4025. The Director of State Hospitals, or the director’s designee, may reduce, cancel, or remit the amount to be paid by the estate liable for the care and treatment of a person who has a mental health disorder and who is a patient at a state hospital, on satisfactory proof that the estate is unable to pay the cost of that care and treatment or that the amount is uncollectible. If there has been a payment under this section, and the payment or any part thereof is refunded because of the death, leave of absence, or discharge of a patient of the hospital, that amount shall be paid by the hospital or the State Department of State Hospitals to the person who made the payment upon demand, and in the statement to the Controller the amounts refunded shall be itemized and the aggregate deducted from the amount to be paid into the State Treasury, as provided by law. If a person dies at any time while their estate is liable for their care and treatment at a state hospital, the claim for the amount due may be presented to the executor or administrator of their estate, and paid as a preferred claim, with the same rank in order of preference, as claims for expenses of last illness. (b) (1) The State Department of State Hospitals shall develop and implement a financial assistance program that may reduce or cancel the amount that a patient owes for the cost of care and treatment. The financial assistance program shall provide a process for a patient to apply for financial assistance and the criteria used by the department to determine whether a patient is eligible for a waiver of all costs or discounted payment. The determination of need for financial assistance shall be based upon criteria set forth by the department. (2) Criteria in determining a patient’s eligibility for the financial assistance program shall be based on a patient’s income, including their monetary assets. If the patient’s income is determined to be at or below 300 percent of the federal poverty level, the patient shall be granted full relief of their cost of care and treatment. (3) (A) If a patient does not qualify for full relief pursuant to paragraph (2), there shall be a sliding scale of debt relief for patients with an income above 300 percent of the federal poverty level, including payment plans. (B) The department may develop reasonable payment plans suitable to the patient’s ability to pay, as determined through the department’s review of an application for financial assistance. (C) The department and the patient shall negotiate the terms of the payment plan and take into consideration the patient’s income, public benefit participation, employment and banking information, or other income to assess against the federal poverty level, as well as liabilities, including, but not limited to, child support, restitution, and essential living expenses. The department shall make all reasonable efforts to determine a patient’s ability to pay. (D) If the department and the patient cannot agree on the payment plan, the department shall use the reasonable payment plan described in subdivision (i) of Section 127400 of the Health and Safety Code. (4) The department shall make its financial assistance program policy available to the public on the department’s internet website. (c) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the department may implement, interpret, or make specific this section by means of a departmental letter or other similar instruction, as necessary. (Amended by Stats. 2022, Ch. 47, Sec. 62. (SB 184) Effective June 30, 2022.)
  187. 7277.

    ## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. State Hospitals for the Mentally Disordered [7200 - 7375] ( Heading of Chapter 2 renumbered from Chapter 3 by Stats. 1979, Ch. 373. ) ## ARTICLE 4. Property and Support of Patients [7275 - 7296] ( Article 4 added by Stats. 1967, Ch. 1667. )

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    The State Department of State Hospitals must collect certain costs and charges and may take steps to collect them. The Director of State Hospitals may refuse payment in some cases.

    ## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. State Hospitals for the Mentally Disordered [7200 - 7375] ( Heading of Chapter 2 renumbered from Chapter 3 by Stats. 1979, Ch. 373. ) ## ARTICLE 4. Property and Support of Patients [7275 - 7296] ( Article 4 added by Stats. 1967, Ch. 1667. ) ## 7277. The State Department of State Hospitals shall collect all the costs and charges mentioned in Section 7275, and shall determine, pursuant to Section 7275, and collect the charges for care and treatment rendered persons in community mental health clinics maintained by the department and may take action necessary to effect their collection within or without the state. The Director of State Hospitals may, however, at his or her discretion, refuse to accept payment of charges for the care and treatment in a state hospital of person with a mental health disorder or who has chronic alcoholism and who is eligible for deportation by the federal immigration authorities. (Amended by Stats. 2014, Ch. 144, Sec. 120. (AB 1847) Effective January 1, 2015.)
  188. 7277.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. State Hospitals for the Mentally Disordered [7200 - 7375] ( Heading of Chapter 2 renumbered from Chapter 3 by Stats. 1979, Ch. 373. ) ## ARTICLE 4. Property and Support of Patients [7275 - 7296] ( Article 4 added by Stats. 1967, Ch. 1667. )

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    If a claim for costs and charges arises under Section 7275, it must be mailed within four months after a written request, on the department’s required form, by the fiduciary of the estate or trust or another liable person.

    ## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. State Hospitals for the Mentally Disordered [7200 - 7375] ( Heading of Chapter 2 renumbered from Chapter 3 by Stats. 1979, Ch. 373. ) ## ARTICLE 4. Property and Support of Patients [7275 - 7296] ( Article 4 added by Stats. 1967, Ch. 1667. ) ## 7277.1. In the case of liability for care arising under Section 7275 during the lifetime of a decedent, in which the decedent has been a patient in a state hospital preceding the date of decedent’s death, a claim for costs and charges shall be mailed within four months after written request therefor, in the form required by the department, by the fiduciary of the estate or trust or by any other person liable for the claim or any portion thereof. (Amended by Stats. 2021, Ch. 143, Sec. 358. (AB 133) Effective July 27, 2021.)
  189. 7278.

    ## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. State Hospitals for the Mentally Disordered [7200 - 7375] ( Heading of Chapter 2 renumbered from Chapter 3 by Stats. 1979, Ch. 373. ) ## ARTICLE 4. Property and Support of Patients [7275 - 7296] ( Article 4 added by Stats. 1967, Ch. 1667. )

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    After a patient is admitted to a state hospital, the State Department of State Hospitals must investigate the patient’s money, property, and property interests, and whether the patient has a duly appointed and acting guardian for those interests.

    ## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. State Hospitals for the Mentally Disordered [7200 - 7375] ( Heading of Chapter 2 renumbered from Chapter 3 by Stats. 1979, Ch. 373. ) ## ARTICLE 4. Property and Support of Patients [7275 - 7296] ( Article 4 added by Stats. 1967, Ch. 1667. ) ## 7278. The State Department of State Hospitals shall, following the admission of a patient into a state hospital, cause an investigation to be made to determine the moneys, property, or interest in property, if any, the patient has, and whether the patient has a duly appointed and acting guardian to protect their property and their property interests. (Amended by Stats. 2021, Ch. 143, Sec. 359. (AB 133) Effective July 27, 2021.)
  190. 7279.

    ## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. State Hospitals for the Mentally Disordered [7200 - 7375] ( Heading of Chapter 2 renumbered from Chapter 3 by Stats. 1979, Ch. 373. ) ## ARTICLE 4. Property and Support of Patients [7275 - 7296] ( Article 4 added by Stats. 1967, Ch. 1667. )

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    A guardian or conservator must pay a committed person's hospital care and related expenses if the person has enough estate available after essential living expenses and other liabilities are considered.

    ## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. State Hospitals for the Mentally Disordered [7200 - 7375] ( Heading of Chapter 2 renumbered from Chapter 3 by Stats. 1979, Ch. 373. ) ## ARTICLE 4. Property and Support of Patients [7275 - 7296] ( Article 4 added by Stats. 1967, Ch. 1667. ) ## 7279. If any person committed to a state mental hospital has sufficient estate for the purpose, the guardian or conservator of the person’s estate shall pay for the person’s care, support, maintenance, and necessary expenses at the state hospital to the extent the estate is available after taking into account essential living expenses and other financial liabilities. The payment may be enforced by the order of the judge of the superior court where the guardianship or conservatorship proceedings are pending. On the filing of a petition therein by the department showing that the guardian or conservator has failed, refused, or neglected to pay for that care, support, maintenance, and expenses, the court, by order, shall direct the payment by the guardian or conservator. The order may be enforced in the same manner as are other orders of the court. (Amended by Stats. 2022, Ch. 47, Sec. 63. (SB 184) Effective June 30, 2022.)
  191. 728.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 18. Wards—Judgments and Orders [725 - 742] ( Heading of Article 18 renumbered from Article 9 by Stats. 1976, Ch. 1068. )

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    The juvenile court may change or end a minor’s guardianship in defined juvenile court cases, and must follow specific notice, hearing, and filing steps.

    ## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 18. Wards—Judgments and Orders [725 - 742] ( Heading of Article 18 renumbered from Article 9 by Stats. 1976, Ch. 1068. ) ## 728. (a) The juvenile court may terminate or modify a guardianship of the person of a minor previously established under the Probate Code, or appoint a coguardian or successor guardian of the person of the minor, if the minor is the subject of a petition filed under Section 300, 601, or 602. If the probation officer supervising the minor provides information to the court regarding the minor’s present circumstances and makes a recommendation to the court regarding a motion to terminate or modify a guardianship established in any county under the Probate Code, or to appoint a coguardian or successor guardian, of the person of a minor who is before the juvenile court under a petition filed under Section 300, 601, or 602, the court shall order the appropriate county department, or the district attorney or county counsel, to file the recommended motion. The motion may also be made by the guardian or the minor’s attorney. The hearing on the motion may be held simultaneously with any regularly scheduled hearing held in proceedings to declare the minor a dependent child or ward of the court, or at any subsequent hearing concerning the dependent child or ward. Notice requirements of Section 294 shall apply to the proceedings in juvenile court under this subdivision. (b) If the juvenile court decides to terminate or modify a guardianship previously established under the Probate Code pursuant to subdivision (a), the juvenile court shall provide notice of that decision to the court in which the guardianship was originally established. The clerk of the superior court, upon receipt of the notice, shall file the notice with other documents and records of the pending proceeding and deliver by first-class mail or by electronic service pursuant to Section 1215 of the Probate Code a copy of the notice to all parties of record in the superior court. (c) If, at any time during the period a minor under the age of 18 years is a ward of the juvenile court, the probation officer supervising the minor recommends to the court that the court establish a guardianship of the person of the minor and appoint a specific adult to act as guardian, or on the motion of the minor’s attorney, or on the order of the court that a guardianship shall be established as the minor’s permanent plan pursuant to paragraph (4) of subdivision (b) of Section 727.3, the court shall set a hearing to consider the recommendation or motion and shall order the clerk to notice the minor’s parents and relatives as required in Section 294. If the motion is not made by the minor’s attorney, the court may appoint the district attorney or county counsel to prosecute the action. (d) The procedures for appointment of a guardian shall be conducted exclusively pursuant to Section 366.26, except that subdivision (j) of Section 366.26 shall not apply. (e) Upon the appointment of a guardian pursuant to subdivision (d), the court may continue wardship and conditions of probation, or may terminate the wardship of the minor. (f) Notwithstanding Section 1601 of the Probate Code, the proceedings to modify or terminate a guardianship granted under this section shall be held in the juvenile court unless the termination is due to the emancipation or adoption of the minor. (g) The Judicial Council shall develop rules of court and adopt appropriate forms for the findings and orders under this section. (Amended by Stats. 2017, Ch. 319, Sec. 142. (AB 976) Effective January 1, 2018.)
  192. 7280.

    ## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. State Hospitals for the Mentally Disordered [7200 - 7375] ( Heading of Chapter 2 renumbered from Chapter 3 by Stats. 1979, Ch. 373. ) ## ARTICLE 4. Property and Support of Patients [7275 - 7296] ( Article 4 added by Stats. 1967, Ch. 1667. )

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    A guardian or conservator may pay estate money to a state hospital for a confined person’s future personal needs or burial expenses, and the hospital must credit those sums to the patient’s personal deposit account.

    ## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. State Hospitals for the Mentally Disordered [7200 - 7375] ( Heading of Chapter 2 renumbered from Chapter 3 by Stats. 1979, Ch. 373. ) ## ARTICLE 4. Property and Support of Patients [7275 - 7296] ( Article 4 added by Stats. 1967, Ch. 1667. ) ## 7280. The guardian or conservator of the estate of a person who is confined in a state hospital may, from time to time, pay to the state hospital moneys out of the estate to be used for the future personal needs of the person while in a state hospital and for burial expenses. These sums shall be credited to the patient’s personal deposit account, subject to the provision relating to the deposit of funds in the patients’ personal deposit fund. (Amended by Stats. 2014, Ch. 144, Sec. 122. (AB 1847) Effective January 1, 2015.)
  193. 7281.

    ## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. State Hospitals for the Mentally Disordered [7200 - 7375] ( Heading of Chapter 2 renumbered from Chapter 3 by Stats. 1979, Ch. 373. ) ## ARTICLE 4. Property and Support of Patients [7275 - 7296] ( Article 4 added by Stats. 1967, Ch. 1667. )

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    Patient funds must be deposited in the patient’s personal deposit fund, and a guardian or conservator may demand and receive the funds if appointed.

    ## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. State Hospitals for the Mentally Disordered [7200 - 7375] ( Heading of Chapter 2 renumbered from Chapter 3 by Stats. 1979, Ch. 373. ) ## ARTICLE 4. Property and Support of Patients [7275 - 7296] ( Article 4 added by Stats. 1967, Ch. 1667. ) ## 7281. There is at each institution under the jurisdiction of the State Department of State Hospitals and at each institution under the jurisdiction of the State Department of Developmental Services, a fund known as the patients’ personal deposit fund. Any funds coming into the possession of the superintendent, belonging to any patient in that institution, shall be deposited in the name of that patient in the patients’ personal deposit fund, except that if a guardian or conservator of the estate is appointed for the patient then the guardian or conservator shall have the right to demand and receive the funds. Only for patients at an institution under the jurisdiction of the State Department of Developmental Services, whenever the sum belonging to any one patient, deposited in the patients’ personal deposit fund, exceeds the sum of five hundred dollars ($500), the excess may be applied to the payment of the care, support, maintenance, and medical attention of the patient. After the death of the patient, any sum remaining in the patient’s personal deposit account in excess of burial costs may be applied for payment of care, support, maintenance, and medical attention. Any of the funds belonging to a patient deposited in the patients’ personal deposit fund may be used for the purchase of personal incidentals for the patient or may be applied in an amount not exceeding five hundred dollars ($500) to the payment of the patient’s burial expenses. (Amended by Stats. 2022, Ch. 47, Sec. 64. (SB 184) Effective June 30, 2022.)
  194. 7281.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. State Hospitals for the Mentally Disordered [7200 - 7375] ( Heading of Chapter 2 renumbered from Chapter 3 by Stats. 1979, Ch. 373. ) ## ARTICLE 4. Property and Support of Patients [7275 - 7296] ( Article 4 added by Stats. 1967, Ch. 1667. )

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    Certain patients do not have to return or remit their earnings to the institution.

    ## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. State Hospitals for the Mentally Disordered [7200 - 7375] ( Heading of Chapter 2 renumbered from Chapter 3 by Stats. 1979, Ch. 373. ) ## ARTICLE 4. Property and Support of Patients [7275 - 7296] ( Article 4 added by Stats. 1967, Ch. 1667. ) ## 7281.1. A patient of an institution under the jurisdiction of the State Department of State Hospitals who participates in a sheltered workshop or vocational rehabilitation program shall not be required to return or remit any earnings received during the patient’s participation to the institution for the cost of care, support, maintenance, and medical attention pursuant to Section 7281. (Added by Stats. 2019, Ch. 38, Sec. 45. (SB 78) Effective June 27, 2019.)
  195. 7282.

    ## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. State Hospitals for the Mentally Disordered [7200 - 7375] ( Heading of Chapter 2 renumbered from Chapter 3 by Stats. 1979, Ch. 373. ) ## ARTICLE 4. Property and Support of Patients [7275 - 7296] ( Article 4 added by Stats. 1967, Ch. 1667. )

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    The named state departments may sue to collect transportation costs and amounts due for patient care and related expenses for state hospitals.

    ## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. State Hospitals for the Mentally Disordered [7200 - 7375] ( Heading of Chapter 2 renumbered from Chapter 3 by Stats. 1979, Ch. 373. ) ## ARTICLE 4. Property and Support of Patients [7275 - 7296] ( Article 4 added by Stats. 1967, Ch. 1667. ) ## 7282. The State Department of State Hospitals with respect to a state hospital under its jurisdiction, or the State Department of Developmental Services with respect to a state hospital under its jurisdiction, may, in its own name, bring an action to enforce payment for the cost and charges of transportation of a person to a state hospital against any person, guardian, or conservator liable for transportation. The department also may, in its own name, bring an action to recover for the use and benefit of any state hospital or for the state the amount due for the care, support, maintenance, and expenses of any patient therein, against any county, or officer thereof, or against any person, guardian, or conservator liable for the care, support, maintenance, or expenses. (Amended by Stats. 2021, Ch. 143, Sec. 360. (AB 133) Effective July 27, 2021.)
  196. 7282.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. State Hospitals for the Mentally Disordered [7200 - 7375] ( Heading of Chapter 2 renumbered from Chapter 3 by Stats. 1979, Ch. 373. ) ## ARTICLE 4. Property and Support of Patients [7275 - 7296] ( Article 4 added by Stats. 1967, Ch. 1667. )

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    A person who received state developmental services or state hospital services, or that person’s guardian or representative, must give written notice within 30 days after filing a related claim or lawsuit, and file proof of that notice in the case.

    ## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. State Hospitals for the Mentally Disordered [7200 - 7375] ( Heading of Chapter 2 renumbered from Chapter 3 by Stats. 1979, Ch. 373. ) ## ARTICLE 4. Property and Support of Patients [7275 - 7296] ( Article 4 added by Stats. 1967, Ch. 1667. ) ## 7282.1. If a person who is or has been a recipient of services provided by the State Department of Developmental Services or the State Department of State Hospitals in a state hospital, or the guardian, conservator, or personal representative of the person, brings an action or claim against a third party for an injury, disorder, or disability, which resulted in the need for care, maintenance, or treatment in a state hospital, the person or the guardian, conservator, or personal representative shall within 30 days of filing the action or claim give to the Director of Developmental Services, for hospitals under the jurisdiction of the State Department of Developmental Services, or the Director of State Hospitals, for hospitals under the jurisdiction of the State Department of State Hospitals, written notice of the action or claim and of the name of the court or agency in which the action or claim is to be brought. Proof of the notice shall be filed in the action or claim. For pending actions or claims filed prior to January 1, 1986, proof of the notice shall be filed by February 1, 1986. Any judgment, award, or settlement arising out of the action or claim shall be subject to a lien in favor of the Director of Developmental Services or the Director of State Hospitals, for hospitals under the jurisdiction of that department, for the cost of state hospital care and treatment furnished with respect to the subject of the action or claim, however: (a) A lien shall not attach to that portion of a money judgment awarded for pain and suffering. (b) A lien shall not attach if over 180 days has elapsed between the time when notice was given to the department and the time when the department has filed its lien with the court or agency in which the action or claim has been brought. (c) A lien authorized by this section shall not be placed for services which have been paid through the state Medi-Cal program. (d) This section shall not apply to actions or claims in which a final judgment, award, or settlement has been entered into prior to January 1, 1986. (Amended by Stats. 2012, Ch. 24, Sec. 172. (AB 1470) Effective June 27, 2012.)
  197. 7283.

    ## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. State Hospitals for the Mentally Disordered [7200 - 7375] ( Heading of Chapter 2 renumbered from Chapter 3 by Stats. 1979, Ch. 373. ) ## ARTICLE 4. Property and Support of Patients [7275 - 7296] ( Article 4 added by Stats. 1967, Ch. 1667. )

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    The departments must remit transportation-charge money to the State Treasury, and they may use approved estimates or formulas instead of exact calculations.

    ## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. State Hospitals for the Mentally Disordered [7200 - 7375] ( Heading of Chapter 2 renumbered from Chapter 3 by Stats. 1979, Ch. 373. ) ## ARTICLE 4. Property and Support of Patients [7275 - 7296] ( Article 4 added by Stats. 1967, Ch. 1667. ) ## 7283. All moneys collected by the State Department of State Hospitals and the State Department of Developmental Services for the cost and charges of transportation of persons to state hospitals shall be remitted by the department to the State Treasury for credit to, and shall become a part of, the current appropriation from the General Fund of the state for the transportation of persons with mental health disorders, correctional school, or other state hospital patients and shall be available for expenditure for those purposes. In lieu of exact calculations of moneys collected for transportation charges the department may determine the amount of collections by the use of those estimates or formula as approved by the Department of Finance. (Amended by Stats. 2014, Ch. 144, Sec. 123. (AB 1847) Effective January 1, 2015.)
  198. 7288.

    ## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. State Hospitals for the Mentally Disordered [7200 - 7375] ( Heading of Chapter 2 renumbered from Chapter 3 by Stats. 1979, Ch. 373. ) ## ARTICLE 4. Property and Support of Patients [7275 - 7296] ( Article 4 added by Stats. 1967, Ch. 1667. )

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    The department may move a patient’s personal property to safekeeping, and if the patient lacks enough property to justify guardianship or conservatorship proceedings, the institution pays the removal and safekeeping costs, subject to a $300 deposit-fund exception.

    ## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. State Hospitals for the Mentally Disordered [7200 - 7375] ( Heading of Chapter 2 renumbered from Chapter 3 by Stats. 1979, Ch. 373. ) ## ARTICLE 4. Property and Support of Patients [7275 - 7296] ( Article 4 added by Stats. 1967, Ch. 1667. ) ## 7288. Whenever it appears that a person who has been admitted to a state institution and remains under the jurisdiction of the State Department of State Hospitals or the State Department of Developmental Services does not have a guardian or conservator of the estate and owns personal property which requires safekeeping for the benefit of the patient, the State Department of State Hospitals or the State Department of Developmental Services may remove or cause to be removed the personal property from wherever located to a place of safekeeping. Whenever it appears that the patient does not own property of a value which would warrant guardianship or conservatorship proceedings, the expenses of removal and safekeeping shall be paid from funds appropriated for the support of the institution in which the patient is receiving care and treatment; provided, however, that if the sum on deposit to the credit of the patient in the patients’ personal deposit fund exceeds the sum of three hundred dollars ($300), the excess may be applied to the payment of the expenses of removal and safekeeping. When it is determined by the superintendent, at any time after the removal for safekeeping of the personal property, that the patient is incurable or is likely to remain in a state institution indefinitely, then any of those articles of personal property which cannot be used by the patient at the institution may be sold at public auction and the proceeds therefrom shall first be applied in reimbursement of the expenses so incurred, and the balance shall be deposited to the patient’s credit in the patients’ personal deposit fund. All moneys so received as reimbursement shall be deposited in the State Treasury in augmentation of the appropriation from which the expenses were paid. (Amended by Stats. 2012, Ch. 24, Sec. 178. (AB 1470) Effective June 27, 2012.)
  199. 7289.

    ## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. State Hospitals for the Mentally Disordered [7200 - 7375] ( Heading of Chapter 2 renumbered from Chapter 3 by Stats. 1979, Ch. 373. ) ## ARTICLE 4. Property and Support of Patients [7275 - 7296] ( Article 4 added by Stats. 1967, Ch. 1667. )

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    The executive director may collect up to $3,000 of money owed to a client in certain cases, and must deposit it in the client’s personal deposit fund. The executive director must also render reports and accounts for client money deposits at least annually, or more often if required.

    ## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. State Hospitals for the Mentally Disordered [7200 - 7375] ( Heading of Chapter 2 renumbered from Chapter 3 by Stats. 1979, Ch. 373. ) ## ARTICLE 4. Property and Support of Patients [7275 - 7296] ( Article 4 added by Stats. 1967, Ch. 1667. ) ## 7289. When a person who is a client of a state hospital or developmental center in the State Department of State Hospitals or the State Department of Developmental Services has no guardian or conservator of the estate and has money due or owing to him or her, the executive director of the institution of which the person is a client may, during the client’s residence at the institution, collect an amount not to exceed three thousand dollars ($3,000) of any money so due or owing upon furnishing to the person, representative, officer, body or corporation in possession of or owing any sums, an affidavit executed by the executive director or acting executive director. The affidavit shall contain the name of the institution of which the person is a client, and the statement that the total amount requested pursuant to the affidavit does not exceed the sum of three thousand dollars ($3,000). Payments from retirement systems and annuity plans which are due or owing to the clients may also be collected by the executive director of the institution of which the person is a client, upon the furnishing of an affidavit executed by the executive director or acting executive director, containing the name of the institution of which the person is a client and the statement that the person is entitled to receive the payments. These sums shall be delivered to the executive director and shall be deposited by him or her in the clients’ personal deposit fund as provided in Section 7281. The receipt of the executive director shall constitute sufficient acquittance for any payment of money made pursuant to this section and shall fully discharge the person, representative, officer, body or corporation from any further liability with reference to the amount of money so paid. The executive director of each institution shall render reports and accounts annually or more often as may be required by the department having jurisdiction over the hospital or the Department of Finance of all moneys of clients deposited in the clients’ personal deposit accounts of the institution. (Amended by Stats. 2012, Ch. 24, Sec. 179. (AB 1470) Effective June 27, 2012.)
  200. 7289.1.

    ## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. State Hospitals for the Mentally Disordered [7200 - 7375] ( Heading of Chapter 2 renumbered from Chapter 3 by Stats. 1979, Ch. 373. ) ## ARTICLE 4. Property and Support of Patients [7275 - 7296] ( Article 4 added by Stats. 1967, Ch. 1667. )

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    The $3,000 amount must be adjusted each year on January 1 to reflect cost-of-living changes, using the most recent December index and a comparison to December 1967.

    ## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. State Hospitals for the Mentally Disordered [7200 - 7375] ( Heading of Chapter 2 renumbered from Chapter 3 by Stats. 1979, Ch. 373. ) ## ARTICLE 4. Property and Support of Patients [7275 - 7296] ( Article 4 added by Stats. 1967, Ch. 1667. ) ## 7289.1. (a) The amount of three thousand dollars ($3,000) as set forth in Section 7289, shall be adjusted annually, on January 1 by the State Department of Developmental Services as it applies to state hospitals or developmental centers under its jurisdiction, and by the State Department of State Hospitals as it applies to state hospitals under its jurisdiction, to reflect any increases or decreases in the cost of living occurring after December 31, 1967, so that the first adjustment becomes effective January 1, 1990. The indices of the California Consumer Price Index—All Urban as prepared by the Department of Industrial Relations, shall be used as the basis for determining the changes in the cost of living. (b) In implementing the cost-of-living provisions of this section, the State Department of Developmental Services and the State Department of State Hospitals shall use the most recent December for computation of the percentage change in the cost of living after December 31, 1967. The amount of this adjustment shall be made by comparing the average index for the most recent December with the average index for December 1967. The product of any percentage increase or decrease in the average index and the amount set forth in Section 7289 shall be the adjusted amount subject to affidavit pursuant to the provisions of Section 7289. (Amended by Stats. 2012, Ch. 24, Sec. 180. (AB 1470) Effective June 27, 2012.)

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