Welfare and Institutions Code

Part 33 of 35 · provisions 6,401–6,600

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

Jurisdiction: United States — California
Instrument: Code
Citation: WIC
Version: Undated source snapshot
Language: en
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Complete work: View statute overview

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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

729.
## 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 Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616.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, as a condition of probation, order restitution to the battery victim or, if restitution is inappropriate, specify community service for a qualifying 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 Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616.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. ) ## 729. If a minor is found to be a person described in Section 602 by reason of the commission of a battery on school property as described in Penal Code Section 243.5, and the court does not remove the minor from the physical custody of the parent or guardian, the court as a condition of probation, except in any case in which the court makes a finding and states on the record its reasons that the condition would be inappropriate, may require the minor to make restitution to the victim of the battery. If restitution is found to be inappropriate, the court, except in any case in which the court makes a finding and states on the record its reasons that the condition would be inappropriate, may require the minor to perform specified community service. Nothing in this section shall be construed to limit the authority of a juvenile court to provide conditions of probation. (Amended by Stats. 2025, Ch. 575, Sec. 3. (AB 1376) Effective January 1, 2026.)
729.1.
## 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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A juvenile court may impose restitution, community service, graffiti-free property maintenance, or counseling as probation conditions in certain cases involving crimes on public transit vehicles.

## 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. ) ## 729.1. (a) (1) If a minor is found to be a person described in Section 602 by reason of the commission of a crime which takes place on a public transit vehicle, and the court does not remove the minor from the physical custody of the parent or guardian, the court as a condition of probation, except in any case in which the court makes a finding and states on the record its reasons that the condition would be inappropriate, may require the minor to wash, paint, repair, or replace the damaged or destroyed property, or otherwise make restitution to the property owner. If restitution is found to be inappropriate, the court, except in any case in which the court makes a finding and states on the record its reasons that the condition would be inappropriate, may require the minor to perform specified community service. Nothing in this section shall be construed to limit the authority of a juvenile court to provide conditions of probation. (2) In lieu of the community service authorized pursuant to paragraph (1), the court may, if a jurisdiction has adopted a graffiti abatement program as defined in subdivision (f) of Section 594 of the Penal Code, order the defendant, and the defendant’s parents or guardians, as a condition of probation, to keep a specified property in the community free of graffiti for 90 days. Participation of a parent or guardian is not required under this paragraph if the court deems this participation to be detrimental to the defendant, or if the parent or guardian is a single parent who must care for young children. (b) As used in subdivision (a), “public transit vehicle” means any motor vehicle, street car, trackless trolley, bus, shuttle, light rail system, rapid transit system, subway, train, taxi cab, or jitney, which transports members of the public for hire. (c) The court may order any person ordered to perform community service or graffiti removal pursuant to subdivision (a) to undergo counseling. (Amended by Stats. 2025, Ch. 575, Sec. 4. (AB 1376) Effective January 1, 2026.)
729.10.
## 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 qualifying counties, a juvenile court judge or referee must require certain minors to take and complete an alcohol or drug education program, and counties must provide juvenile programs separately from adult programs when that can be done without substantial extra cost.

## 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. ) ## 729.10. (a) Whenever, in any county specified in subdivision (b), a judge of a juvenile court or referee of a juvenile court finds a minor to be a person described in Section 602 by reason of the commission 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 25662 of the Business and Professions Code, the minor shall be required to participate in, and successfully complete, an alcohol or drug education program, or both of those programs, as designated by the court. Whenever it can be done without substantial additional cost, each county shall require that the program be provided for juveniles at a separate location from, or at a different time of day than, alcohol and drug education programs for adults. (b) This section applies only in those counties that have one or more alcohol or drug education programs certified by the county alcohol program administrator and approved by the board of supervisors. (Amended by Stats. 2017, Ch. 678, Sec. 15. (SB 190) Effective January 1, 2018.)
729.12.
## 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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San Diego County juvenile court participants may be assessed for drug and alcohol use, required to complete orientation or treatment programs, and may be subject to drug testing.

## 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. ) ## 729.12. (a) It is the intent of the Legislature to authorize an Assessment, Orientation, and Volunteer Mentor Pilot Program in San Diego County. The pilot project will operate under the authority of the county behavioral health director in conjunction with the San Diego Juvenile Court and the County of San Diego Probation Department. (b) Whenever a judge of the San Diego County Juvenile Court or a referee of the San Diego Juvenile Court finds a minor to be a person described in Section 601 or 602 for any reason, the minor may be assessed and screened for drug and alcohol use and abuse; and if the assessment and screening determines the need for drug and alcohol education and intervention, the minor may be required to participate in, and successfully complete, an alcohol and drug orientation, and to participate in, and successfully complete, an alcohol or drug program with a local community-based service provider, as designated by the court. (c) The Assessment, Orientation, and Volunteer Mentor Pilot Program may operate for a minimum of three years and may screen and assess for drug and alcohol problems, minors who are declared wards of San Diego Juvenile Court. (d) Drug and alcohol assessments may be conducted utilizing a standardized instrument that shall be approved by the county behavioral health director in conjunction with San Diego Juvenile Court and the San Diego County Probation Department. (e) Those minors who are determined to have drug and alcohol problems, may be required to participate in, and successfully complete, a drug and alcohol orientation. The orientation may provide drug and alcohol education and intervention, referral to community resources for followup education and intervention and arrange for volunteers to serve as mentors to assist each minor in addressing their drug and alcohol problem. Parents or guardians of minors will have the opportunity to participate in the orientation program in order to help juveniles address drug and alcohol use or abuse problems. (f) As a condition of probation, each minor may be required to submit to drug testing. Drug testing may be conducted on a random basis by a qualified drug and alcohol service provider in coordination with the county probation department. All contested drug tests may be confirmed by a National Institute for Drug Abuse certified drug laboratory and the findings may be reported to the probation officer for appropriate action. The drug testing protocol may be approved by the county behavioral health director in conjunction with San Diego Juvenile Court and the County of San Diego Probation Department. (g) An evaluation of the pilot program shall be conducted and results of the program shall be submitted to state alcohol and drug programs and to the Legislature at the conclusion of the pilot program. The evaluation shall include, but not be limited to, all of the following: (1) The number and percentage of juveniles screened. (2) The number and percentage of juveniles given followup education and intervention. (3) The number of mentors recruited and trained. (4) The number and percentage of juveniles assigned to a mentor. (5) The length of time in an education and intervention program. (6) The program completion rates. (7) The number of subsequent violations. (8) The number of re-arrests. (9) The urine test results. (10) The subsequent drug or alcohol use. (11) The participant’s perceptions of program utility. (12) The provider’s perceptions of program utility. (13) The mentor’s perceptions of program utility. (Amended by Stats. 2015, Ch. 455, Sec. 12. (SB 804) Effective January 1, 2016.)
729.13.
## 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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The Department of the Youth Authority must annually recognize certain Californians and the outstanding achievements of present and former wards of the juvenile court, and it must make awards under department-established procedures and standards.

## 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. ) ## 729.13. (a) The Department of the Youth Authority shall recognize, on an annual basis, exemplary Californians who do any of the following: (1) Voluntarily participate in a youth mentoring program in their communities. (2) Perform special acts or special services that promote youth mentoring programs in their communities. (3) By their superior accomplishments, make exceptional contributions to creating, maintaining, or fostering volunteer youth mentoring programs in California. (b) The Department of the Youth Authority shall recognize, on an annual basis, the outstanding achievements of present and former wards of the juvenile court, whether committed to state institutions or community-based programs. (c) Recognition awards shall be made in accordance with procedures and standards established by the department. (d) Any expenditures made or costs incurred for the purposes of this section may be paid from funds appropriated for the support of the department that are otherwise unencumbered. (e) As used in subdivision (a), “youth mentoring programs” means programs designed to foster positive, role-model relationships between adult community volunteers and minors who are living in conditions that place them at risk for delinquent or criminal conduct. (Added by Stats. 1997, Ch. 281, Sec. 1. Effective January 1, 1998.)
729.2.
## 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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A court may impose probation conditions for certain minors, including school attendance, family counseling or education, and a curfew at home, unless the court states reasons on the record that the condition would be inappropriate.

## 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. ) ## 729.2. If a minor is found to be a person described in Section 601 or 602 and the court does not remove the minor from the physical custody of the parent or guardian, the court as a condition of probation, except in any case in which the court makes a finding and states on the record its reasons that the condition would be inappropriate, may: (a) Require the minor to attend a school program approved by the probation officer without absence. (b) Require the parents or guardian of the minor to participate with the 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 or the probation department, unless the minor has been declared a dependent child of the court pursuant to Section 300 or a petition to declare the minor a dependent child of the court pursuant to Section 300 is pending. (c) Require the minor to be at the minor’s legal residence between the hours of 10:00 p.m. and 6:00 a.m. unless the minor is accompanied by the minor’s parent or parents, legal guardian or other adult person having the legal care or custody of the minor. (Amended by Stats. 2025, Ch. 575, Sec. 5. (AB 1376) Effective January 1, 2026.)
729.3.
## 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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A court may require a minor on probation to submit to urine testing for alcohol or drugs if the minor was found under Section 601 or 602 and remains in a parent or guardian’s physical custody.

## 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. ) ## 729.3. If a minor is found to be a person described in Section 601 or 602 and the court does not remove the minor from the physical custody of his or her parent or guardian, the court, as a condition of probation, may require the minor to submit to urine testing upon the request of a peace officer or probation officer for the purpose of determining the presence of alcohol or drugs. (Added by Stats. 1989, Ch. 1117, Sec. 16.)
729.5.
## 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 court may issue a citation to parents or guardians in a juvenile restitution matter, and the citation must be served on known parents or guardians at least 10 days before the appearance date.

## 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. ) ## 729.5. (a) If a petition alleges that a minor is a person described by Section 602 and the petition is sustained, the court, in addition to the notice required by any other provision of law, may issue a citation to the minor’s parents or guardians, ordering them to appear in the court at the time and date stated for a hearing to impose a restitution fine pursuant to Section 730.6. (b) The citation shall notify the parent or guardian that, at the hearing, the parent or guardian may be held liable for the payment of restitution if the minor is ordered to make restitution to the victim.The citation shall contain a warning that the failure to appear at the time and date stated may result in an order that the parent or guardian pay restitution up to the limits provided for in Sections 1714.1 and 1714.3 of the Civil Code. (c) The hearing described in subdivision (b) may be held immediately following the disposition hearing or at a later date, at the option of the court. (d) If the parent or guardian fails to appear pursuant to this section, the court may hold the parent or guardian jointly and severally liable with the minor for restitution, subject to the limitations contained in subdivision (b). (e) Execution may be issued on an order holding a parent or guardian jointly or severally liable with the minor for restitution in the same manner as on a judgment in a civil action, including any balance unpaid at the termination of the court’s jurisdiction over the minor. (f) At any time prior to the full payment of restitution ordered pursuant to this section, a person held liable for payment of restitution may petition the court to modify or vacate the order based on a showing of change in circumstances. (g) Service of the citation shall be made on all parents or guardians of the minor whose names and addresses are known to the petitioner. (h) Service of the citation shall be made at least 10 days prior to the time and date stated therein for appearance, in the manner provided by law for the service of a summons in a civil action, other than by publication. (i) This section shall not apply to any case where a citation has been issued pursuant to Section 742.18. (j) Nothing in this section shall be interpreted to make an insurer liable for a loss caused by the willful act of the insured or the insured’s dependents within the meaning of Section 533 of the Insurance Code. (k) This section does not apply to foster parents. (Amended by Stats. 1996, Ch. 520, Sec. 1. Effective January 1, 1997.)
729.6.
## 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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If a minor meets the stated conditions, the court may order counseling.

## 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. ) ## 729.6. If a minor is found to be a person described in Section 602 by reason of the commission of an offense described in Section 241.2 or 243.2 of the Penal Code, the court may, in addition to any other fine, sentence, or as a condition of probation, order the minor to attend counseling. (Amended by Stats. 2025, Ch. 575, Sec. 6. (AB 1376) Effective January 1, 2026.)
729.7.
## 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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On the victim’s request, the probation officer must help mediate a service contract between the victim and the minor; if the court approves the contract, it may make service performance a condition of probation.

## 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. ) ## 729.7. At the request of the victim, the probation officer shall assist in mediating a service contract between the victim and the minor under which the amount of restitution owed to the victim by the minor pursuant to Section 729.6, as operative on or before August 2, 1995, or Section 730.6 may be paid by performance of specified services. If the court approves of the contract, the court may make performance of services under the terms of the contract a condition of probation. Successful performance of service shall be credited as payment of restitution in accordance with the terms of the contract approved by the court. (Amended by Stats. 1996, Ch. 1077, Sec. 34. Effective January 1, 1997.)
729.8.
## 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 qualifying minor to do up to 100 hours of community service as a probation condition, unless the court records why that condition would be inappropriate.

## 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. ) ## 729.8. (a) If a minor is found to be a person described in Section 602 by reason of the unlawful possession, use, sale, or other furnishing of a controlled substance, as defined in Chapter 2 (commencing with Section 11053) of the Health and Safety Code, an imitation controlled substance, as defined in Section 109550 of the Health and Safety Code, or toluene or a toxic, as described in Section 381 of the Penal Code, upon the grounds of any school providing instruction in kindergarten, or any of grades 1 to 12, inclusive, or any church or synagogue, playground, public or private youth center, child day care facility, or public swimming pool, during hours in which these facilities are open for business, classes, or school-related activities or programs, or at any time when minors are using the facility, the court, as a condition of probation, except in any case in which the court makes a finding and states on the record its reasons that the condition would be inappropriate, may require the minor to perform not more than 100 hours of community service. (b) The definitions contained in subdivision (e) of Section 11353.1 of the Health and Safety Code shall apply to this section. (c) As used in this section, “community service” means any of the following: (1) Picking up litter along public streets or highways. (2) Cleaning up graffiti on school grounds or any public property. (3) Performing services in a drug rehabilitation center. (Amended by Stats. 2025, Ch. 575, Sec. 7. (AB 1376) Effective January 1, 2026.)
729.9.
## 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, on probation officer recommendation, require a qualifying minor on probation to avoid controlled substances and to submit to drug testing.

## 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. ) ## 729.9. If a minor is found to be a person described in Section 602 by reason of the commission 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, and, unless it makes a finding that this condition would not serve the interests of justice, the court, when recommended by the probation officer, may require, as a condition of probation, in addition to any other disposition authorized by law, that the minor shall not use or be under the influence of any controlled substance and shall submit to drug and substance abuse testing as directed by the probation officer. (Amended by Stats. 2025, Ch. 575, Sec. 8. (AB 1376) Effective January 1, 2026.)
7290.
## 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 Developmental Services may make a bonded special agreement with a patient’s relatives or similar supporters for the patient’s care and expenses, and a patient may not occupy more than one room 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. ) ## 7290. The State Department of Developmental Services may enter into a special agreement, secured by a properly executed bond, with the relatives, guardian, conservator, or friend of any patient for the patient’s care, support, maintenance, or other expenses at the institution. The agreement and bond shall be to the people of the State of California and action to enforce the same may be brought by the department. All charges due under this section, including the monthly rate for the patient’s care and treatment, as established by or pursuant to law, shall be collected monthly. No patient, however, shall be permitted to occupy more than one room in any state institution. (Amended by Stats. 2022, Ch. 47, Sec. 69. (SB 184) Effective June 30, 2022.)
7293.
## 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 send the county a claim for money due under Section 7291, and it cannot do so more than once a month. The county must process and pay the claim under the referenced Government Code procedures.

## 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. ) ## 7293. The State Department of State Hospitals shall present to the county, not more frequently than monthly, a claim for the amount due the state under Section 7291 which the county shall process and pay pursuant to the provisions of Chapter 4 (commencing with Section 29700) of Division 3 of Title 3 of the Government Code. (Amended by Stats. 2012, Ch. 24, Sec. 183. (AB 1470) Effective June 27, 2012.)
7294.
## 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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This section lets the medical superintendent parole or grant leave to a committed person if the required opinion is certified to the committing court, and it gives the court and the person specific return, hearing, and discharge rules.

## 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. ) ## 7294. (a) A person who has been committed as a delinquent with a mental health disorder may be paroled or granted a leave of absence by the medical superintendent of the institution wherein the person is confined whenever the medical superintendent is of the opinion that the person has improved to such an extent that he or she is no longer a menace to the health and safety of others or that the person will receive benefit from the parole or leave of absence, and after the medical superintendent and the Director of State Hospitals have certified the opinion to the committing court. (b) If, within 30 days after the receipt of the certification, the committing court orders the return of the person, the person shall be returned forthwith to await further action of the court. If, within 30 days after the receipt of the certification, the committing court does not order the return of the person to await the further action of the court, the medical superintendent may thereafter parole the person under the terms and conditions specified by the superintendent. A paroled inmate may, at any time during the parole period, be recalled to the institution. The period of parole shall in no case be less than five years, and shall be on the same general rules and conditions as parole of persons with mental health disorders. (c) When a person has been paroled for five consecutive years, if in the opinion of the medical superintendent and the Director of State Hospitals the person is no longer a menace to the health, person, or property of himself or herself or of any other person, the medical superintendent, subject to the approval of the Director of State Hospitals, may discharge the person. The committing court shall be furnished with a certified copy of the discharge and shall thereupon dispose of the court case as it deems necessary and proper. (d) When, in the opinion of the medical superintendent, a person previously committed as a delinquent with a mental health disorder will not benefit by further care and treatment under any facilities of the department and should be returned to the jurisdiction of the court, the superintendent of the institution and the Director of State Hospitals shall certify the opinion to the committing court, including therein a report, diagnosis, and recommendation concerning the person’s future care, supervision, or treatment. Upon receipt of the certification, the committing court shall forthwith order the return of the person to the court. The person shall be entitled to a court hearing and to present witnesses in his or her own behalf, to be represented by counsel and to cross-examine any witness who testifies against him or her. After considering all the evidence before it, the court may make a further order or commitment with reference to the person as may be authorized by law. (Amended by Stats. 2014, Ch. 144, Sec. 125. (AB 1847) Effective January 1, 2015.)
7295.
## 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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State hospitals may control contraband, and the state department must create statewide contraband lists and related emergency rules.

## 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. ) ## 7295. (a) To ensure its safety and security, a state hospital that is under the jurisdiction of the State Department of State Hospitals, as listed in Section 4100, may develop a list of items that are deemed contraband and prohibited on hospital grounds and control and eliminate contraband on hospital grounds. (b) The State Department of State Hospitals shall develop a list of items that shall be deemed contraband at every state hospital. (c) A state hospital shall form a contraband committee, comprised of hospital management and employees designated by the hospital’s director, to develop the list of contraband items. The committee shall develop the list with the participation of patient representatives, or the patient government of the hospital, if one is available, and the Office of Patients’ Rights. (d) Each hospital’s list of contraband items developed pursuant to subdivision (a), and the statewide list of contraband items developed pursuant to subdivision (b), are subject to review and approval by the Director of State Hospitals or his or her designee. (e) A list of contraband items developed pursuant to subdivision (a) shall be updated and subject to review and approval by the director of the department, or the director’s designee, no less often than every six months. (f) If an item presents an emergent danger to the safety and security of a facility, the item may be placed immediately on a contraband list by the Director of State Hospitals or the executive director of the state hospital, but this placement shall be reviewed by the contraband committee, if applicable, and approved by the Director of State Hospitals or the director’s designee within six weeks. (g) The lists of contraband items developed pursuant to this section shall be posted prominently in every unit of the hospital and throughout the hospital, and provided to a patient upon request. (h) The lists of contraband items developed pursuant to this section shall be posted on the hospital’s Internet Web site. (i) For the purposes of this section, “contraband” means materials, articles, or goods that a patient is prohibited from having in his or her possession because the materials, articles, or goods present a risk to the safety and security of the facility. (j) Notwithstanding Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, the hospital and the department may implement, interpret, or make specific this section without taking regulatory action. (k) The State Department of State Hospitals may adopt emergency regulations in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division of 3 of Title 2 of the Government Code) related to the management, inspection, and disposition of contraband items that have been identified by the department pursuant to this section. The adoption of emergency regulations under this subdivision 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. This subdivision shall become inoperative on June 30, 2026, unless a later enacted statute deletes or extends that date. (Amended by Stats. 2024, Ch. 999, Sec. 6. (AB 177) Effective September 30, 2024.)
7296.
## 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 help eligible patients get identification cards and related verification, if doing so is administratively feasible and within available resources.

## 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. ) ## 7296. (a) To the extent administratively feasible and within available resources, the State Department of State Hospitals shall do all of the following: (1) Provide any eligible patient with assistance in obtaining an original or replacement identification card pursuant to subdivision (i) of Section 14902 of the Vehicle Code. (2) Facilitate the process between a patient and those entities holding documentation, such as a birth certificate or social security card, required for a patient to obtain an identification card. This assistance shall include, without limitation, the provision of any necessary notary services, assistance with obtaining forms, and any required correspondence. (3) Provide an eligible patient with the verification of eligibility described in clause (iii) of subparagraph (A) of paragraph (1) of subdivision (i) of Section 14902 of the Vehicle Code. (b) For purposes of this section, “eligible patient” means a patient who is currently housed in a facility described in Section 4100, is preparing to be discharged unconditionally or through a conditional release program, and who qualifies to obtain an original or replacement identification pursuant to subdivision (i) of Section 14902 of the Vehicle Code. (Added by Stats. 2024, Ch. 40, Sec. 54. (SB 159) Effective June 29, 2024.)
730.
## 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 juvenile court may order treatment, placement, restitution, counseling, and other probation conditions for a ward, but it cannot commit a juvenile for longer than the adult middle term for the same offense.

## 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. ) ## 730. (a) (1) When a minor is adjudged a ward of the court on the ground that they are a person described by Section 602, the court may order any of the types of treatment referred to in Section 727, and as an additional alternative, may commit the minor to a juvenile home, ranch, camp, or forestry camp. If there is no county juvenile home, ranch, camp, or forestry camp within the county, the court may commit the minor to the county juvenile hall. In addition, the court may also make any of the following orders: (A) Order the ward to make restitution. (B) Commit the ward to a sheltered-care facility. (C) Order that the ward and the ward’s family or guardian participate in a program of professional counseling as arranged and directed by the probation officer as a condition of continued custody of the ward. (D) Order placement of the ward at the Pine Grove Youth Conservation Camp if the ward meets the placement criteria, the county has entered into a contract with the Department of Corrections and Rehabilitation, either directly or through another county, the department has found the ward amenable, and there is space and resources available for the placement. The county probation department shall receive approval from the department prior to transporting the ward to the camp. The department shall immediately notify the county probation department if the ward is no longer amenable for continued camp placement and coordinate the immediate return of the ward to the county of jurisdiction. (2) A court shall not commit a juvenile to any juvenile facility for a period that exceeds the middle term of imprisonment that could be imposed upon an adult convicted of the same offense. (b) When a ward described in subdivision (a) is placed under the supervision of the probation officer, or committed to the care, custody, and control of the probation officer, or the court orders the youth on unsupervised probation pursuant to paragraph (2) of subdivision (a) of Section 727, the court may make any and all reasonable orders for the conduct of the ward, including conditions of probation that shall meet all of the following requirements: (1) The conditions are individually tailored, developmentally appropriate, and reasonable. (2) The burden imposed by the conditions shall be proportional to the legitimate interests served by the conditions. (3) The conditions are determined by the court to be fitting and proper to the end that justice may be done and the reformation and rehabilitation of the ward enhanced. (c) When a ward described in subdivision (a) is placed under the supervision of the probation officer or committed to the care, custody, and control of the probation officer, and is required as a condition of probation to participate in community service or graffiti cleanup, the court may impose a condition that if the minor unreasonably fails to attend or unreasonably leaves prior to completing the assigned daily hours of community service or graffiti cleanup, a law enforcement officer may take the minor into custody for the purpose of returning the minor to the site of the community service or graffiti cleanup. (d) When a minor is adjudged or continued as a ward of the court on the ground that the ward is a person described by Section 602 by reason of the commission of rape, sodomy, oral copulation, or an act of sexual penetration specified in Section 289 of the Penal Code, the court shall order the minor to complete a sex offender treatment program, if the court determines, in consultation with the county probation officer, that suitable programs are available. In determining what type of treatment is appropriate, the court shall consider all of the following: the seriousness and circumstances of the offense, the vulnerability of the victim, the minor’s criminal history and prior attempts at rehabilitation, the sophistication of the minor, the threat to public safety, the minor’s likelihood of reoffending, and any other relevant information presented. If ordered by the court to complete a sex offender treatment program, the minor shall pay all or a portion of the reasonable costs of the sex offender treatment program after a determination is made of the ability of the minor to pay. (e) This section shall become operative July 1, 2021. (Amended by Stats. 2025, Ch. 575, Sec. 9. (AB 1376) Effective January 1, 2026.)
730.5.
## 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 made a ward of the court under Section 602, the court may fine the minor up to the adult fine for the same offense, but only if the court finds the minor can pay.

## 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. ) ## 730.5. When a minor is adjudged a ward of the court on the ground that he or she is a person described in Section 602, in addition to any of the orders authorized by Section 726, 727, 730, or 731, the court may levy a fine against the minor up to the amount that could be imposed on an adult for the same offense, if the court finds that the minor has the financial ability to pay the fine. Section 1464 of the Penal Code applies to fines levied pursuant to this section. (Amended by Stats. 1988, Ch. 99, Sec. 2.)
730.6.
## 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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When a minor is found to be described in Section 602, the court must order restitution to victims and cannot impose a separate restitution fine.

## 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. ) ## 730.6. (a) (1) It is the intent of the Legislature that a victim of conduct for which a minor is found to be a person described in Section 602 who incurs an economic loss as a result of the minor’s conduct shall receive restitution directly from that minor. (2) Upon a minor being found to be a person described in Section 602, the court shall consider levying a fine in accordance with Section 730.5. In addition, the court shall order the minor to pay, in addition to any other penalty provided or imposed under the law, restitution to the victim or victims, if any, in accordance with subdivision (b). The court shall not impose a separate and additional restitution fine against a minor found to be a person described in Section 602. (b) (1) Restitution ordered pursuant to paragraph (2) of subdivision (a) shall be imposed in the amount of the losses, as determined. If the amount of loss cannot be ascertained at the time of sentencing, the restitution order shall include a provision that the amount shall be determined at the direction of the court at any time during the term of the commitment or probation. The court shall order full restitution unless it finds compelling and extraordinary reasons for not doing so, and states them on the record. A minor’s inability to pay shall not be considered a compelling or extraordinary reason not to impose a restitution order, nor shall inability to pay be a consideration in determining the amount of the restitution order. A restitution order pursuant to paragraph (2) of subdivision (a), to the extent possible, shall identify each victim, unless the court for good cause finds that the order should not identify a victim or victims, and the amount of each victim’s loss to which it pertains, and shall be of a dollar amount sufficient to fully reimburse the victim or victims for all determined economic losses incurred as the result of the minor’s conduct for which the minor was found to be a person described in Section 602, including all of the following: (A) Full or partial payment for the value of stolen or damaged property. The value of stolen or damaged property shall be the replacement cost of like property, or the actual cost of repairing the property when repair is possible, whichever is less. (B) Medical expenses. (C) Wages or profits lost due to injury incurred by the victim, and if the victim is a minor, wages or profits lost by the minor’s parent, parents, guardian, or guardians, while caring for the injured minor. Lost wages shall include any commission income as well as any base wages. Commission income shall be established by evidence of commission income during the 12-month period prior to the date of the crime for which restitution is being ordered, unless good cause for a shorter time period is shown. (D) Wages or profits lost by the victim, and if the victim is a minor, wages or profits lost by the minor’s parent, parents, guardian, or guardians, due to time spent as a witness or in assisting the police or prosecution. Lost wages shall include any commission income as well as any base wages. Commission income shall be established by evidence of commission income during the 12-month period prior to the date of the crime for which restitution is being ordered, unless good cause for a shorter time period is shown. (2) A minor shall have the right to a hearing before a judge to dispute the determination of the amount of restitution. The court may modify the amount on its own motion or on the motion of the district attorney, the victim or victims, or the minor. If a motion is made for modification of a restitution order, the victim shall be notified of that motion at least 10 days prior to the hearing on the motion. If the amount of victim restitution is not known at the time of disposition, the court order shall identify the victim or victims, unless the court finds for good cause that the order should not identify a victim or victims, and state that the amount of restitution for each victim is to be determined. (3) For the purposes of victim restitution, each minor shall be held severally liable, and shall not be held jointly and severally liable as co-offenders. The court shall apportion liability based on each minor’s percentage of responsibility or fault for all economic losses included in the order of restitution. The aggregate amount of apportioned liability for all minors involved shall not exceed 100 percent in total. (c) A restitution order imposed pursuant to paragraph (2) of subdivision (a) shall identify the losses to which it pertains, and shall be enforceable as a civil judgment pursuant to subdivision (k). The making of a restitution order pursuant to this subdivision shall not affect the right of a victim to recovery from the Restitution Fund in the manner provided elsewhere, except to the extent that restitution is actually collected pursuant to the order. Restitution collected pursuant to this subdivision shall be credited to any other judgments for the same losses obtained against the minor or the minor’s parent or guardian arising out of the offense for which the minor was found to be a person described in Section 602. Restitution imposed shall be ordered to be made to the Restitution Fund to the extent that the victim, as defined in subdivision (d), has received assistance from the Victims of Crime Program pursuant to Article 5 (commencing with Section 13959) of Chapter 5 of Part 4 of Division 3 of Title 2 of the Government Code. (d) For purposes of this section, “victim” shall include: (1) The immediate surviving family of the actual victim. (2) A governmental entity that is responsible for repairing, replacing, or restoring public or privately owned property that has been defaced with graffiti or other inscribed material, as defined in subdivision (e) of Section 594 of the Penal Code, and that has sustained an economic loss as the result of a violation of Section 594, 594.3, 594.4, 640.5, 640.6, or 640.7 of the Penal Code. (3) A corporation, business trust, estate, trust, partnership, association, joint venture, government, governmental subdivision, agency, or instrumentality, or any other legal or commercial entity when that entity is a direct victim of a crime. (4) A person who has sustained economic loss as the result of a crime and who satisfies any of the following conditions: (A) At the time of the crime was the parent, grandparent, sibling, spouse, child, or grandchild of the victim. (B) At the time of the crime was living in the household of the victim. (C) At the time of the crime was a person who had previously lived in the household of the victim for a period of not less than two years in a relationship substantially similar to a relationship listed in subparagraph (A). (D) Is another family member of the victim, including, but not limited to, the victim’s fiancé, and who witnessed the crime. (E) Is the primary caretaker of a minor victim. (e) If the direct victim of an offense is a group home or other facility licensed to provide residential care in which the minor was placed as a dependent or ward of the court, or an employee thereof, restitution shall be limited to out-of-pocket expenses that are not covered by insurance and that are paid by the facility or employee. (f) Upon a minor being found to be a person described in Section 602, the court shall require, as a condition of probation, the payment of restitution fines and orders imposed under this section. Any portion of a restitution order that remains unsatisfied after a minor is no longer on probation shall continue to be enforceable by a victim pursuant to subdivision (k) until the obligation is satisfied in full or is vacated and unenforceable and uncollectable. (g) Probation shall not be revoked for failure of a person to make restitution pursuant to this section as a condition of probation unless the court determines that the person has willfully failed to pay or failed to make sufficient bona fide efforts to legally acquire the resources to pay. (h) If the court finds and states on the record compelling and extraordinary reasons why restitution should not be required as provided in paragraph (2) of subdivision (a), the court shall order, as a condition of probation, that the minor perform specified community service. (i) The court may avoid ordering community service as a condition of probation only if it finds and states on the record compelling and extraordinary reasons not to order community service in addition to the finding that restitution pursuant to paragraph (2) of subdivision (a) should not be required. (j) If a minor is committed to the Division of Juvenile Facilities, Department of Corrections and Rehabilitation, the court shall order restitution to be paid to the victim or victims, if any. (k) If the judgment is for a restitution order imposed pursuant to paragraph (2) of subdivision (a), the judgment may be enforced in the manner provided in Section 1214 of the Penal Code. (Amended by Stats. 2024, Ch. 805, Sec. 6. (AB 1186) Effective January 1, 2025.)
730.7.
## 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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When a minor is ordered to pay restitution, fines, or penalty assessments, a custodial parent or guardian may be presumed jointly and severally liable, subject to the court’s consideration of inability to pay and notice/presence rebuttal requirements.

## 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. ) ## 730.7. (a) In a case in which a minor is ordered to make restitution to the victim or victims, or the minor is ordered to pay fines and penalty assessments under any provision of this code, a parent or guardian who has joint or sole legal and physical custody and control of the minor shall be rebuttably presumed to be jointly and severally liable with the minor in accordance with Sections 1714.1 and 1714.3 of the Civil Code for the amount of restitution, fines, and penalty assessments so ordered, up to the limits provided in those sections, subject to the court’s consideration of the parent’s or guardian’s inability to pay. When considering the parent’s or guardian’s inability to pay, the court may consider future earning capacity, present income, the number of persons dependent on that income, and the necessary obligations of the family, including, but not limited to, rent or mortgage payments, food, children’s school tuition, children’s clothing, medical bills, and health insurance. The parent or guardian shall have the burden of showing an inability to pay. The parent or guardian shall also have the burden of showing by a preponderance of the evidence that the parent or guardian was either not given notice of potential liability for payment of restitution, fines, and penalty assessments prior to the petition being sustained by an admission or adjudication, or that he or she was not present during the proceedings wherein the petition was sustained either by admission or adjudication and any hearing thereafter related to restitution, fines, or penalty assessments. (b) In cases in which the court orders restitution to the victim or victims of the offense, each victim in whose favor the restitution order has been made shall be notified within 60 days after restitution has been ordered of the following: (1) The name and address of the minor ordered to make restitution. (2) The amount and any terms or conditions of restitution. (3) The offense or offenses that were sustained. (4) The name and address of the parent or guardian of the minor. (5) The rebuttable presumption that the parent or guardian is jointly and severally liable with the minor for the amount of restitution so ordered in accordance with Sections 1714.1 and 1714.3 of the Civil Code, up to the limits provided in those sections, and that the parent or guardian has the burden of showing by a preponderance of the evidence that the parent or guardian was either not given notice of potential liability for payment of restitution prior to the petition being sustained by an admission or adjudication, or that he or she was not present during the proceedings wherein the petition was sustained by an admission or adjudication and any hearings thereafter related to restitution. (6) Whether the notice and presence requirements of paragraph (5) were met. (7) The victim’s rights to a certified copy of the order reflecting the information specified in this subdivision. (c) The victim has a right, upon request, to a certified copy of the order reflecting the information specified in subdivision (b). (d) This section does not apply to foster parents. (e) Nothing in this section shall be construed to make an insurer liable for a loss caused by the willful act of the insured or the dependents of the insured pursuant to Section 533 of the Insurance Code. (Amended by Stats. 1998, Ch. 451, Sec. 4. Effective September 14, 1998.)
730.8.
## 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 require certain minors to report on compliance with restitution or community service orders at least yearly, unless subdivision (b) applies. For committed minors, the Department of the Youth Authority must monitor restitution compliance and notify the court when the minor is discharged.

## 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. ) ## 730.8. (a) Except as provided in subdivision (b), the court shall require any minor who is ordered to pay restitution pursuant to Section 730.6, or to perform community service, to report to the court on his or her compliance with the court’s restitution order or order for community service, or both, no less than annually until the order is fulfilled. (b) For any minor committed to the Department of the Youth Authority, the department shall monitor the compliance with any order of the court that requires the minor to pay restitution. Upon the minor’s discharge from the Department of the Youth Authority, the department shall notify the court regarding the minor’s compliance with an order to pay restitution. (Added by renumbering Section 730.7 (as added by Stats. 1999, Ch. 996) by Stats. 2001, Ch. 854, Sec. 75. Effective January 1, 2002.)
7300.
## 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 5. Transfer of Patients [7300 - 7329] ( Article 5 added by Stats. 1967, Ch. 1667. )
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The department must make its facilities available to certain state hospital patients, and the Director of State Hospitals may transfer a patient when a transfer would benefit the 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 5. Transfer of Patients [7300 - 7329] ( Article 5 added by Stats. 1967, Ch. 1667. ) ## 7300. (a) It shall be the policy of the department to make available to all persons admitted to a state hospital prior to July 1, 1969, and to all persons judicially committed or remanded to its jurisdiction all of the facilities under the control of the department. Whenever, in the opinion of the Director of State Hospitals, it appears that a person admitted prior to July 1, 1969, or that a person judicially committed or remanded to the State Department of State Hospitals for placement in an institution would be benefited by a transfer from that institution to another institution under the department’s jurisdiction, the director may cause the transfer of the patient. Preference shall be given in any such transfer to an institution in an adjoining rather than a remote district. (b) However, before an inmate of a correctional school may be transferred to a state hospital, he or she shall first be returned to a court of competent jurisdiction, and, if subject to commitment, after hearing, may be committed to a state hospital in accordance with law. (c) The expense of the transfers is chargeable to the state, and the bills for the same, when approved by the Director of State Hospitals, shall be paid by the Treasurer on the warrant of the Controller, out of moneys provided for the care or support of the patients or out of the moneys provided for the support of the department, in the discretion of the department. (Amended by Stats. 2014, Ch. 144, Sec. 126. (AB 1847) Effective January 1, 2015.)
7301.
## 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 5. Transfer of Patients [7300 - 7329] ( Article 5 added by Stats. 1967, Ch. 1667. )
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Some state hospital patients may be transferred to Corrections and Rehabilitation for custodial-security care if the Director of State Hospitals thinks it is needed and the Secretary approves.

## 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 5. Transfer of Patients [7300 - 7329] ( Article 5 added by Stats. 1967, Ch. 1667. ) ## 7301. Whenever, in the opinion of the Director of State Hospitals and with the approval of the Secretary of the Department of Corrections and Rehabilitation, any person who has been committed to a state hospital pursuant to provisions of the Penal Code or who has been placed in a state hospital temporarily for observation pursuant to, or who has been committed to a state hospital pursuant to Article 1 (commencing with Section 6300) of Chapter 2 of Part 2 of Division 6 of this code needs care and treatment under conditions of custodial security which can be better provided within the Department of Corrections and Rehabilitation, the person may be transferred for those purposes from an institution under the jurisdiction of the State Department of State Hospitals to an institution under the jurisdiction of the Department of Corrections and Rehabilitation. Persons so transferred shall not be subject to the provisions of Section 4500, 4501, 4501.5, 4502, 4530, or 4531 of the Penal Code. However, they shall be subject to the general rules of the Secretary of the Department of Corrections and Rehabilitation and of the facility where they are confined and any correctional employee dealing with those persons during the course of an escape or attempted escape, a fight or a riot, shall have the same rights, privileges and immunities as if the person transferred had been committed to the Secretary of the Department of Corrections and Rehabilitation. Whenever a person is transferred to an institution under the jurisdiction of the Department of Corrections and Rehabilitation pursuant to this section, any report, opinion, or certificate required or authorized to be filed with the court which committed the person to a state hospital, or ordered the person placed therein, shall be prepared and filed with the court by the head of the institution in which the person is actually confined or by the designee of the head of the institution. (Amended by Stats. 2012, Ch. 24, Sec. 186. (AB 1470) Effective June 27, 2012.)
7302.
## 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 5. Transfer of Patients [7300 - 7329] ( Article 5 added by Stats. 1967, Ch. 1667. )
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Some patients may be transferred to a like institution if relatives or friends request it and the required consents and room are available.

## 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 5. Transfer of Patients [7300 - 7329] ( Article 5 added by Stats. 1967, Ch. 1667. ) ## 7302. Patients admitted to a state hospital prior to July 1, 1969, and all patients judicially committed or remanded, may be transferred to a like institution at the request of relatives or friends, if there is room in the like institution to which transfer is sought and if the department or departments having jurisdiction over such institutions and the medical directors of the institutions from which and to which the transfer is to be made consent thereto. The expense of such transfer shall be paid by such relatives or friends. (Amended by Stats. 1977, Ch. 1252.)
7303.
## 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 5. Transfer of Patients [7300 - 7329] ( Article 5 added by Stats. 1967, Ch. 1667. )
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The county of commitment may ask to vacate the original commitment and issue a new one naming the receiving institution when a person is transferred under Section 7300 and the state, not the county, is liable for care.

## 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 5. Transfer of Patients [7300 - 7329] ( Article 5 added by Stats. 1967, Ch. 1667. ) ## 7303. Whenever a person, committed to the care of the State Department of State Hospitals or the State Department of Developmental Services under one of the commitment laws which provides for reimbursement for care and treatment to the state by the county of commitment of the person, is transferred under Section 7300 to an institution under the jurisdiction of the department where the state rather than the county is liable for the support and care of patients, the county of commitment may have the original commitment vacated and a new commitment issued, designating the institution to which the person has been transferred, in order to absolve the county from liability under the original commitment. (Amended by Stats. 2012, Ch. 24, Sec. 187. (AB 1470) Effective June 27, 2012.)
7304.
## 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 5. Transfer of Patients [7300 - 7329] ( Article 5 added by Stats. 1967, Ch. 1667. )
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If a committed person is transferred to a qualifying institution, the State Department of State Hospitals or the State Department of Developmental Services may vacate the original commitment and issue a new one naming the receiving 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 5. Transfer of Patients [7300 - 7329] ( Article 5 added by Stats. 1967, Ch. 1667. ) ## 7304. Whenever a person, committed to the State Department of State Hospitals or the State Department of Developmental Services under one of the commitment laws providing for no reimbursement for care and treatment to the state by the county of commitment, is transferred under Section 6700 to an institution under the jurisdiction of the department where the county is required to reimburse the state for such care and treatment, the State Department of State Hospitals or the State Department of Developmental Services may have the original commitment vacated and a new commitment issued, designating the institution to which the person has been transferred, in order to make the county liable for the care and treatment of the committed person to the extent provided by Sections 7511 and 7512. (Amended by Stats. 2012, Ch. 24, Sec. 188. (AB 1470) Effective June 27, 2012.)
731.
## 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 commit certain wards to the Division of Juvenile Justice, but it must set a maximum confinement term and cannot set a commitment period above the adult middle term for the same offense.

## 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. ) ## 731. (a) If a minor is adjudged a ward of the court on the grounds that the minor is a person described by Section 602, the court may commit the ward to the Department of Corrections and Rehabilitation, Division of Juvenile Justice if the ward has committed an offense described in subdivision (b) of Section 707 or subdivision (c) of Section 290.008 of the Penal Code, and has been the subject of a motion filed to transfer the ward to the jurisdiction of the criminal court as provided in subdivision (c) of Section 736.5 and is not otherwise ineligible for commitment to the division under Section 733. (b) A ward committed to the Division of Juvenile Justice shall not be confined in excess of the term of confinement set by the committing court. The court shall set a maximum term based upon the facts and circumstances of the matter or matters that brought or continued the ward under the jurisdiction of the court and as deemed appropriate to achieve rehabilitation. The court shall not commit a ward to the Division of Juvenile Justice for a period that exceeds the middle term of imprisonment that could be imposed upon an adult convicted of the same offense. This subdivision does not limit the power of the Board of Juvenile Hearings to discharge a ward committed to the Division of Juvenile Justice pursuant to Sections 1719 and 1769. Upon discharge, the committing court may retain jurisdiction of the ward pursuant to Section 607.1 and establish the conditions of supervision pursuant to subdivision (b) of Section 1766. (c) This section shall become operative on July 1, 2021, and shall remain in effect until the final closure of the Division of Juvenile Justice. (Added by Stats. 2021, Ch. 18, Sec. 8. (SB 92) Effective May 14, 2021. Section operative July 1, 2021, by its own provisions. Inoperative on date prescribed by its own provisions. Note: The version of Section 731 operative preceding the operation of this added Section 731 is as amended by Stats. 2020, Ch. 337, Sec. 28.)
731.1.
## 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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The court may recall a ward’s commitment and must hold a recall disposition hearing, give notice, and arrange the ward’s transfer and temporary supervision while the hearing is pending.

## 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. ) ## 731.1. (a) Notwithstanding any other law, the court committing a ward to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, upon the recommendation of the chief probation officer of the county, may recall that commitment in the case of any ward confined in an institution operated by the division. Upon recall of the ward, the court shall set and convene a recall disposition hearing for the purpose of ordering an alternative disposition for the ward that is appropriate under all of the circumstances prevailing in the case. The court shall provide to the division no less than 15 days advance notice of the recall hearing date, and the division shall transport and deliver the ward to the custody of the probation department of the committing county no less than five days prior to the scheduled date of the recall hearing. Pending the recall disposition hearing, the ward shall be supervised, detained, or housed in the manner and place, consistent with the requirements of law, as may be directed by the court in its order of recall. The timing and procedure of the recall disposition hearing shall be consistent with the rules, rights, and procedures applicable to delinquency disposition hearings, as described in Article 17 (commencing with Section 675). (b) A court may also convene a recall disposition hearing, as specified in subdivision (a), regarding any ward who remains under parole supervision by the Division of Juvenile Parole Operations. (Amended by Stats. 2011, Ch. 36, Sec. 75. (SB 92) Effective June 30, 2011. Became operative on December 13, 2011, pursuant to Sec. 84 of Ch. 36.)
731.2.
## 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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The Department of the Youth Authority and Fresno County may form a partnership to establish and maintain a juvenile boot camp pilot program, with the county and department generally sharing costs equally, except for county-provided facilities and department-paid retrofitting costs.

## 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. ) ## 731.2. (a) The Department of the Youth Authority and Fresno County may enter into a partnership for the establishment and maintenance of a pilot program juvenile boot camp similar to the program described in Section 731.6, but developed primarily by the county with the Department of the Youth Authority and the county sharing the costs equally, except as specified in subdivision (b). (b) Under the partnership, the Department of the Youth Authority shall bear all the costs of retrofitting a facility, which is to be provided by the county at county expense. (c) The implementation of this pilot program shall be contingent upon the appropriation of funds to the Department of the Youth Authority for the pilot program in either the Budget Act of 1996 or subsequent legislation. (Added by Stats. 1994, Ch. 1055, Sec. 1. Effective January 1, 1995.)
731.5.
## 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’s conduct violates Penal Code Section 490.5, the court may require the minor to perform public services designated by the court, in addition to Section 731.

## 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. ) ## 731.5. In addition to the provisions of Section 731, if a minor’s conduct constitutes a violation of Section 490.5 of the Penal Code, the court may require the minor to perform public services designated by the court. (Added by Stats. 1976, Ch. 1131.)
732.
## 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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Before a minor is sent to a state or county institution under this article, the superintendent must be asked whether the minor can be received.

## 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. ) ## 732. Before a minor is conveyed to any state or county institution pursuant to this article, it shall be ascertained from the superintendent thereof that such person can be received. (Repealed and added by Stats. 1961, Ch. 1616.)
7325.
## 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 5. Transfer of Patients [7300 - 7329] ( Article 5 added by Stats. 1967, Ch. 1667. )
Verify source ↗

Certain officers may help return escaped or otherwise covered patients to the proper facility, and some hospital staff must give peace officers escape-related information.

## 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 5. Transfer of Patients [7300 - 7329] ( Article 5 added by Stats. 1967, Ch. 1667. ) ## 7325. (a) When any patient committed by a court to a state hospital or other institution on or before June 30, 1969, or when any patient who is judicially committed on or after July 1, 1969, or when any patient who is involuntarily detained pursuant to Part 1 (commencing with Section 5000) of Division 5 escapes from any state hospital, any hospital or facility operated by or under the Veterans’ Administration of the United States government, or any facility designated by a county pursuant to Part 1 (commencing with Section 5000) of Division 5, or any facility into which the patient has been placed by his or her conservator appointed pursuant to Chapter 3 (commencing with Section 5350) of Part 1 of Division 5, or when a judicially committed patient’s return from leave of absence has been authorized or ordered by the State Department of State Hospitals, or the State Department of Developmental Services, or the facility of the Veterans’ Administration, any peace officer, upon written request of the state hospital, veterans’ facility, or the facility designated by a county, or the patient’s conservator appointed pursuant to Chapter 3 (commencing with Section 5350) of Part 1 of Division 5, shall, without the necessity of a warrant or court order, or any officer or employee of the State Department of State Hospitals, or of the State Department of Developmental Services, designated to perform these duties may, apprehend, take into custody, and deliver the patient to the state hospital or to a facility of the Veterans’ Administration, or the facility designated by a county, or to any person or place authorized by the State Department of State Hospitals, the State Department of Developmental Services, the Veterans’ Administration, the local director of the county mental health program of the county in which is located the facility designated by the county, or the patient’s conservator appointed pursuant to Chapter 3 (commencing with Section 5350) of Part 1 of Division 5, as the case may be, to receive him or her. Every officer or employee of the State Department of State Hospitals, or of the State Department of Developmental Services, designated to apprehend or return those patients has the powers and privileges of peace officers so far as necessary to enforce this section. (b) As used in this section, “peace officer” means a person as specified in Section 830.1 of the Penal Code. (c) Any officer or employee of a state hospital, hospital or facility operated by or under the Veterans’ Administration, or any facility designated by a county pursuant to Part 1 (commencing with Section 5000) of Division 5 shall provide any peace officer with any information concerning any patient who escapes from the hospital or facility that is necessary to assist in the apprehension and return of the patient. The written notification of the escape required by this section shall include the name and physical description of the patient, his or her home address, the degree of dangerousness of the patient, including specific information about the patient if he or she is deemed likely to cause harm to himself or herself or to others, and any additional information that is necessary to apprehend and return the patient. If the escapee has been charged with any crime involving physical harm to children, the notice shall be provided by the law enforcement agency to school districts in the vicinity of the hospital or other facility in which the escapee was being held, in the area the escapee is known or is likely to frequent, and in the area where the escapee resided immediately prior to confinement. (d) The person in charge of the hospital or facility, or his or her designee, may provide telephonic notification of the escape to the law enforcement agency of the county or city in which the hospital or facility is located. If that notification is given, the time and date of notification, the person notified, and the person making the notification shall be noted in the written notification required by this section. (e) Photocopying is not required in order to satisfy the requirements of this section. (f) No public or private entity or public or private employee shall be liable for damages caused, or alleged to be caused, by the release of information or the failure to release information pursuant to this section. (Amended by Stats. 2012, Ch. 24, Sec. 189. (AB 1470) Effective June 27, 2012.)
7325.5.
## 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 5. Transfer of Patients [7300 - 7329] ( Article 5 added by Stats. 1967, Ch. 1667. )
Verify source ↗

Certain identifying information about an escaped patient must be released when the escapee came from a state mental health facility and was committed under the listed court findings.

## 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 5. Transfer of Patients [7300 - 7329] ( Article 5 added by Stats. 1967, Ch. 1667. ) ## 7325.5. Notwithstanding Section 5328, information regarding a person’s name, reason for commitment, age, physical description, and any other information which the medical director of the treatment facility considers essential in aiding apprehension of the escapee shall be released if the person has escaped from a state mental health facility, and the person was committed to the state mental health facility by a court after being found not guilty by reason of insanity pursuant to Section 1026 of the Penal Code, unable to stand trial due to mental condition pursuant to Section 1370 of the Penal Code, or a mentally disordered sex offender pursuant to Division 6 (commencing with Section 6000). (Added by Stats. 1982, Ch. 1415, Sec. 2. Effective September 27, 1982.)
7326.
## 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 5. Transfer of Patients [7300 - 7329] ( Article 5 added by Stats. 1967, Ch. 1667. )
Verify source ↗

Anyone who willfully helps a judicially committed or remanded patient escape, try to escape, or resist return from leave can be punished.

## 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 5. Transfer of Patients [7300 - 7329] ( Article 5 added by Stats. 1967, Ch. 1667. ) ## 7326. Any person who willfully assists any judicially committed or remanded patient of a state hospital or other public or private mental health facility to escape, to attempt to escape therefrom, or to resist being returned from a leave of absence shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code, a fine of not more than ten thousand dollars ($10,000), or both such imprisonment and fine; or by imprisonment in a county jail for a period of not more than one year, a fine of not more than two thousand dollars ($2,000), or both such imprisonment and fine. (Amended by Stats. 2011, Ch. 15, Sec. 624. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
7327.
## 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 5. Transfer of Patients [7300 - 7329] ( Article 5 added by Stats. 1967, Ch. 1667. )
Verify source ↗

A designated peace officer who delivers or helps deliver a patient to a state hospital or other hospital-designated place is entitled to receive fees and expenses from the state hospital.

## 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 5. Transfer of Patients [7300 - 7329] ( Article 5 added by Stats. 1967, Ch. 1667. ) ## 7327. Every peace officer who is designated in and pursuant to Section 7325 delivers or assists in the delivery of a patient to a state hospital or other place designated by a state hospital shall be entitled to receive from the state hospital such fees and expenses as are payable to sheriffs for conveyance of patients to state hospitals. (Added by Stats. 1967, Ch. 1667.)
7328.
## 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 5. Transfer of Patients [7300 - 7329] ( Article 5 added by Stats. 1967, Ch. 1667. )
Verify source ↗

If a confined person meets the listed commitment-and-transfer conditions, the state pays the later support and care costs instead of the county of commitment.

## 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 5. Transfer of Patients [7300 - 7329] ( Article 5 added by Stats. 1967, Ch. 1667. ) ## 7328. Whenever a person who is committed to an institution subject to the jurisdiction of the State Department of State Hospitals or the State Department of Developmental Services, under one of the commitment laws that provides for reimbursement for care and treatment to the state by the county of commitment of the person, is accused of committing a crime while confined in the institution and is committed by the court in which the crime is charged to another institution under the jurisdiction of the State Department of State Hospitals or the Department of Corrections and Rehabilitation, the state rather than the county of commitment shall bear the subsequent cost of supporting and caring for the person. (Amended by Stats. 2012, Ch. 24, Sec. 190. (AB 1470) Effective June 27, 2012.)
7329.
## 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 5. Transfer of Patients [7300 - 7329] ( Article 5 added by Stats. 1967, Ch. 1667. )
Verify source ↗

Certain officers may take an escaped, judicially committed patient into custody in California, and the district attorney and court must then move quickly on petitions, hearings, and release or commitment decisions.

## 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 5. Transfer of Patients [7300 - 7329] ( Article 5 added by Stats. 1967, Ch. 1667. ) ## 7329. (a) When a patient, who is subject to judicial commitment, has escaped from a public mental hospital in a state of the United States other than California and is present in this state, a peace officer, health officer, county physician, or assistant county physician may take the person into custody within five years after the escape. The person may be admitted and detained in the quarters provided in a county hospital or state hospital upon application of the peace officer, health officer, county physician, or assistant county physician. The application shall be in writing and shall state the identity of the person, the name and place of the institution from which he or she escaped and the approximate date of the escape, and the fact that the person has been apprehended pursuant to this section. (b) As soon as possible after the person is apprehended, the district attorney of the county in which the person is present shall file a petition in the superior court alleging the facts of the escape, and requesting an immediate hearing on the question of whether the person has escaped from a public mental hospital in another state within five years prior to his or her apprehension. The hearing shall be held within three days after the day on which the person was taken into custody. If the court finds that the person has not escaped from such a hospital within five years prior to his or her apprehension, he or she shall be released immediately. (c) If the court finds that the person did escape from a public mental hospital in another state within five years prior to his or her apprehension, the superintendent or physician in charge of the quarters provided in the county hospital or state hospital may care for and treat the person, and the district attorney of the county in which the person is present immediately shall present to a judge of the superior court a petition asking that the person be judicially committed to a state hospital in this state. The hearing on the petition shall be held within seven days after the court’s determination in the original hearing that the person did escape from a public mental hospital in another state within five years prior to his apprehension. Proceedings shall thereafter be conducted as on a petition for judicial commitment of the particular type of person subject to judicial commitment. If the court finds that the person is subject to judicial commitment it shall order him or her judicially committed to a state hospital in this state; otherwise, it shall order him or her to be released. It shall be the duty of the superintendent of the state hospital to accept custody of the person, if he or she has been determined to be subject to judicial commitment. The State Department of State Hospitals will promptly cause the person to be returned to the institution from which he or she escaped if the authorities in charge of the institution agree to accept him or her. If the authorities refuse to accept the person, the superintendent of the state hospital in which the person is confined shall continue to care for and treat the person in the same manner as any other person judicially committed to the hospital as having a mental health disorder. (Amended by Stats. 2014, Ch. 144, Sec. 127. (AB 1847) Effective January 1, 2015.)
733.
## 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 ↗

A juvenile court ward meeting any listed condition cannot be committed to the Division of Juvenile Facilities.

## 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. ) ## 733. A ward of the juvenile court who meets any condition described below shall not be committed to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities: (a) The ward is under 11 years of age. (b) The ward is suffering from any contagious, infectious, or other disease that would probably endanger the lives or health of the other inmates of any facility. (c) The ward has been or is adjudged a ward of the court pursuant to Section 602, and the most recent offense alleged in any petition and admitted or found to be true by the court is not described in subdivision (b) of Section 707 or subdivision (c) of Section 290.008 of the Penal Code. This subdivision shall be effective on and after September 1, 2007. (Amended by Stats. 2012, Ch. 7, Sec. 2. (AB 324) Effective February 29, 2012.)
733.1.
## 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. )
Verify source ↗

This section limits when a juvenile ward may be committed to the Division of Juvenile Justice and allows court commitments only in the situations described here.

## 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. ) ## 733.1. (a) Notwithstanding any other law, except as otherwise provided in this section, a ward of the juvenile court shall not be committed to the Department of Corrections and Rehabilitation, Division of Juvenile Justice on or after July 1, 2021. (b) A court may commit a ward to the Department of Corrections and Rehabilitation, Division of Juvenile Justice as authorized in subdivision (c) of Section 736.5. (c) Effective July 1, 2021, a person adjudged a ward of the court pursuant to Section 602, shall not be committed to the Department of Corrections and Rehabilitation, Division of Juvenile Justice, as long as allocations required by Section 1991 are authorized in statute and disbursed by September 1, 2021, and September 1 annually thereafter. To the extent that the allocations required by Section 1991 are not authorized in statute and disbursed annually thereafter, it is the intent of this section that wards adjudged wards of the court pursuant to Section 602 for an offense described in subdivision (b) of Section 707 of this code or subdivision (c) of Section 290.008 of the Penal Code may be committed to the Division of Juvenile Justice or, upon the final closure of the Division of Juvenile Justice, another state-funded facility, if the ward could have been committed to the Division of Juvenile Justice pursuant to Section 731, as that section read on January 1, 2021, and Sections 733, 734, and 736.5. For the purpose of determining the state’s compliance with this subdivision, the presumption shall be that the state is meeting its commitment in Section 1991 if that section is not materially changed from the law in effect on the operative date of this section. (Amended by Stats. 2021, Ch. 18, Sec. 9. (SB 92) Effective May 14, 2021.)
734.
## 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 ↗

A juvenile court ward may be committed to the Youth Authority only if the judge is fully satisfied the ward will probably benefit from the Youth Authority’s discipline or treatment.

## 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. ) ## 734. No ward of the juvenile court shall be committed to the Youth Authority unless the judge of the court is fully satisfied that the mental and physical condition and qualifications of the ward are such as to render it probable that he will be benefited by the reformatory educational discipline or other treatment provided by the Youth Authority. (Repealed and added by Stats. 1961, Ch. 1616.)
735.
## 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 the commitment papers are sent, the court must send the Director of the Youth Authority a summary of the case facts, including the ward’s history and mental and physical condition.

## 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. ) ## 735. Accompanying the commitment papers, the court shall send to the Director of the Youth Authority a summary of all the facts in the possession of the court, covering the history of the ward committed and a statement of the mental and physical condition of the ward. (Repealed and added by Stats. 1961, Ch. 1616.)
7350.
## 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 7. Leave of Absence, Discharge, and Restoration to Capacity of Persons Other Than the Mentally Disordered Criminals [7350 - 7362] ( Article 7 added by Stats. 1967, Ch. 1667. )
Verify source ↗

This article does not apply to patients held under a court or judge’s order in a criminal-action proceeding, except for Section 7355.

## 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 7. Leave of Absence, Discharge, and Restoration to Capacity of Persons Other Than the Mentally Disordered Criminals [7350 - 7362] ( Article 7 added by Stats. 1967, Ch. 1667. ) ## 7350. The provisions of this article except for Section 7355 shall not apply to any patient held upon an order of a court or judge in a proceeding arising out of a criminal action. (Amended by Stats. 1978, Ch. 1291.)
7351.
## 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 7. Leave of Absence, Discharge, and Restoration to Capacity of Persons Other Than the Mentally Disordered Criminals [7350 - 7362] ( Article 7 added by Stats. 1967, Ch. 1667. )
Verify source ↗

“Parole” for a patient in a state hospital means “leave of absence.” The superintendent must issue a document or certificate for a judicially committed patient when the patient is released on leave or discharged under this article, and some patients on leave may be recalled and returned to the hospital.

## 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 7. Leave of Absence, Discharge, and Restoration to Capacity of Persons Other Than the Mentally Disordered Criminals [7350 - 7362] ( Article 7 added by Stats. 1967, Ch. 1667. ) ## 7351. Wherever in any provision of this code heretofore or hereafter enacted the term “parole” is used in relation to the release of a patient from a state hospital, it shall be construed to refer to and mean “leave of absence.” A judicially committed patient or patient with an intellectual disability granted a leave of absence on or after July 1, 1969, and a patient on leave of absence as of July 1, 1969, may at any time during the period of the leave of absence be recalled and returned to the hospital. Upon the release of a judicially committed patient as granted by the medical director of a state hospital, on leave of absence or discharge upon any of the grounds provided in this article, in accordance with the rules and regulations prescribed by the department, the superintendent shall issue to or on behalf of the judicially committed patient a document stating the general terms or limitations of the leave of absence, or a certificate stating the general condition of, or the reason for, the discharge of the judicially committed patient. (Amended by Stats. 2012, Ch. 457, Sec. 66. (SB 1381) Effective January 1, 2013.)
7352.
## 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 7. Leave of Absence, Discharge, and Restoration to Capacity of Persons Other Than the Mentally Disordered Criminals [7350 - 7362] ( Article 7 added by Stats. 1967, Ch. 1667. )
Verify source ↗

A state hospital medical director may grant leave of absence to a judicially committed patient, except where Section 7350 applies, and must follow general conditions set by the State Department of 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 7. Leave of Absence, Discharge, and Restoration to Capacity of Persons Other Than the Mentally Disordered Criminals [7350 - 7362] ( Article 7 added by Stats. 1967, Ch. 1667. ) ## 7352. (a) The medical director of a state hospital may grant a leave of absence to a judicially committed patient, except as provided in Section 7350, under general conditions prescribed by the State Department of State Hospitals. (b) The State Department of State Hospitals may continue to render services to patients placed on leave of absence prior to July 1, 1969, to the extent those services are authorized by law in effect immediately preceding July 1, 1969. (Amended by Stats. 2014, Ch. 144, Sec. 128. (AB 1847) Effective January 1, 2015.)
7352.5.
## 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 7. Leave of Absence, Discharge, and Restoration to Capacity of Persons Other Than the Mentally Disordered Criminals [7350 - 7362] ( Article 7 added by Stats. 1967, Ch. 1667. )
Verify source ↗

The medical director may grant leave of absence to certain patients, subject to Section 7350 and conditions set by the State Department of Developmental Services. The department may also continue services for some patients who were placed on leave before July 1, 1969, if authorized by prior law.

## 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 7. Leave of Absence, Discharge, and Restoration to Capacity of Persons Other Than the Mentally Disordered Criminals [7350 - 7362] ( Article 7 added by Stats. 1967, Ch. 1667. ) ## 7352.5. The medical director of a state hospital for the developmentally disabled may grant a leave of absence to any developmentally disabled patient or judicially committed patient, except as provided in Section 7350, under general conditions prescribed by the State Department of Developmental Services. The State Department of Developmental Services may continue to render services to patients placed on leave of absence prior to July 1, 1969, to the extent such services are authorized by law in effect immediately preceding July 1, 1969. (Added by Stats. 1977, Ch. 1252.)
7353.
## 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 7. Leave of Absence, Discharge, and Restoration to Capacity of Persons Other Than the Mentally Disordered Criminals [7350 - 7362] ( Article 7 added by Stats. 1967, Ch. 1667. )
Verify source ↗

The State Department of State Hospitals must pay certain health coverage premiums and keep coverage going for qualifying patients when coverage would otherwise lapse.

## 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 7. Leave of Absence, Discharge, and Restoration to Capacity of Persons Other Than the Mentally Disordered Criminals [7350 - 7362] ( Article 7 added by Stats. 1967, Ch. 1667. ) ## 7353. The State Department of State Hospitals shall pay the premium for third-party health coverage for Medicare beneficiaries who are patients at state hospitals under the jurisdiction of the State Department of State Hospitals. The department shall, when a mental health state hospital patient’s coverage would lapse due to lack of sufficient income or financial resources, or any other reason, continue the health coverage by paying the costs of continuation or group coverage pursuant to federal law or converting from a group to an individual plan. (Amended by Stats. 2012, Ch. 24, Sec. 193. (AB 1470) Effective June 27, 2012.)
7354.
## 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 7. Leave of Absence, Discharge, and Restoration to Capacity of Persons Other Than the Mentally Disordered Criminals [7350 - 7362] ( Article 7 added by Stats. 1967, Ch. 1667. )
Verify source ↗

The State Department of State Hospitals may pay for certain care and services for people with mental health disorders, but payments are limited by funding, rate caps, and county-request/reimbursement 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 7. Leave of Absence, Discharge, and Restoration to Capacity of Persons Other Than the Mentally Disordered Criminals [7350 - 7362] ( Article 7 added by Stats. 1967, Ch. 1667. ) ## 7354. (a) A person with a mental health disorder may be granted care in a licensed institution or other suitable licensed or certified facility. The State Department of State Hospitals may pay for that care at a rate not exceeding the average cost of care of patients in the state hospitals, as determined by the Director of State Hospitals. The payments shall be made from funds available to the State Department of State Hospitals for that purpose. (b) The State Department of State Hospitals may make payments for services for patients who have mental health disorders in private facilities released or discharged from state hospitals on the basis of reimbursement for reasonable cost, using the same standards and rates consistent with those established by the State Department of Health Care Services for similar types of care. The payments shall be made within the limitation of funds appropriated to the State Department of State Hospitals for that purpose. (c) No payments for care or services of a patient with a mental health disorder shall be made by the State Department of State Hospitals pursuant to this section unless the care or services are requested by the local director of the mental health services of the county of the patient’s residence, unless provision for the care or services is made in the county Short-Doyle plan of the county under which the county shall reimburse the department for 10 percent of the amount expended by the department, exclusive of the portion of the cost that is provided by the federal government. (d) The provision for the 10-percent county share shall be inapplicable with respect to a county with a population of under 100,000 persons that has not elected to participate financially in providing services under Division 5 (commencing with Section 5000) in accordance with Section 5709.5. (Amended by Stats. 2014, Ch. 144, Sec. 129. (AB 1847) Effective January 1, 2015.)
7354.5.
## 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 7. Leave of Absence, Discharge, and Restoration to Capacity of Persons Other Than the Mentally Disordered Criminals [7350 - 7362] ( Article 7 added by Stats. 1967, Ch. 1667. )
Verify source ↗

Developmentally disabled persons may be placed in licensed care, and the State Department of Developmental Services may pay for that care or related services only within stated funding and planning limits.

## 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 7. Leave of Absence, Discharge, and Restoration to Capacity of Persons Other Than the Mentally Disordered Criminals [7350 - 7362] ( Article 7 added by Stats. 1967, Ch. 1667. ) ## 7354.5. Any developmentally disabled person may be granted care in a licensed institution or other suitably licensed or certified facility. The State Department of Developmental Services may pay for such care at a rate not exceeding the average cost of care of patients in the state hospitals as determined by the Director of Developmental Services. Such payments shall be made from funds available to the State Department of Developmental Services for that purpose. The State Department of Developmental Services may make payments for services for developmentally disabled patients in private facilities released or discharged from state hospitals on the basis of reimbursement for reasonable cost, using the same standards and rates consistent with those established by the State Department of Developmental Services for similar types of care. Such payments shall be made within the limitation of funds appropriated to the State Department of Developmental Services for that purpose. No payments for care or services of a developmentally disabled person shall be made by the State Department of Developmental Services pursuant to this section, unless requested by the regional center having jurisdiction over the patient and provision for such care or services is made in the areawide plan for the developmentally disabled. (Amended by Stats. 1978, Ch. 429.)
7355.
## 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 7. Leave of Absence, Discharge, and Restoration to Capacity of Persons Other Than the Mentally Disordered Criminals [7350 - 7362] ( Article 7 added by Stats. 1967, Ch. 1667. )
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A state hospital patient cannot be discharged, released on leave, paroled, or placed in outpatient care without suitable seasonal clothing. If needed, the superintendent must provide clothing and up to $50 for necessary expenses, and may also provide incidental money, supplies, or services to patients on leave.

## 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 7. Leave of Absence, Discharge, and Restoration to Capacity of Persons Other Than the Mentally Disordered Criminals [7350 - 7362] ( Article 7 added by Stats. 1967, Ch. 1667. ) ## 7355. No patient shall be discharged or, granted a leave of absence, or placed on parole or outpatient care from a state hospital without suitable clothing adapted to the season in which he is discharged; and, if it cannot otherwise be obtained, the superintendent, under general conditions prescribed by the department having jurisdiction of the hospital, shall furnish such clothing and money, not exceeding fifty dollars ($50), to defray the necessary expenses of such patient who is going on leave of absence, parole or outpatient care or is to be discharged, until he can reach his relatives or friends, or find employment to earn a subsistence. The superintendent may, under general conditions prescribed by the department having jurisdiction of the hospital, furnish to patients while on leave of absence such incidental moneys, supplies or services as are necessary and advisable in the care, supervision and rehabilitation of such patients on leave of absence. Payments therefor shall be made from funds available for support of patients in the state hospital or hospitals from which such patients have been granted a leave of absence. (Amended by Stats. 1978, Ch. 1291.)
7356.
## 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 7. Leave of Absence, Discharge, and Restoration to Capacity of Persons Other Than the Mentally Disordered Criminals [7350 - 7362] ( Article 7 added by Stats. 1967, Ch. 1667. )
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Charges for certain hospital leave-of-absence care are owed by the person, the person’s estate, and relatives, and the State Department of State Hospitals must collect or adjust those charges.

## 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 7. Leave of Absence, Discharge, and Restoration to Capacity of Persons Other Than the Mentally Disordered Criminals [7350 - 7362] ( Article 7 added by Stats. 1967, Ch. 1667. ) ## 7356. The charges for the care and keeping of persons on leave of absence from a state hospital where the State Department of State Hospitals, the State Department of Developmental Services, or the State Department of Social Services pays for the care shall be a liability of the person, his or her estate, and relatives, to the same extent that the liability exists for patients in state hospitals. The State Department of State Hospitals shall collect or adjust the charges in accordance with Article 4 (commencing with Section 7275) of Chapter 3 of this division. (Amended by Stats. 2012, Ch. 24, Sec. 195. (AB 1470) Effective June 27, 2012.)
7357.
## 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 7. Leave of Absence, Discharge, and Restoration to Capacity of Persons Other Than the Mentally Disordered Criminals [7350 - 7362] ( Article 7 added by Stats. 1967, Ch. 1667. )
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A state hospital superintendent may discharge a patient after filing a written certificate with the Director of State Hospitals, if the superintendent judges the patient has recovered or was not mentally disordered when admitted.

## 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 7. Leave of Absence, Discharge, and Restoration to Capacity of Persons Other Than the Mentally Disordered Criminals [7350 - 7362] ( Article 7 added by Stats. 1967, Ch. 1667. ) ## 7357. The superintendent of a state hospital, on filing his or her written certificate with the Director of State Hospitals, may discharge a patient who, in his or her judgment, has recovered or did not, at time of admission, have a mental health disorder. (Amended by Stats. 2014, Ch. 144, Sec. 130. (AB 1847) Effective January 1, 2015.)
7359.
## 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 7. Leave of Absence, Discharge, and Restoration to Capacity of Persons Other Than the Mentally Disordered Criminals [7350 - 7362] ( Article 7 added by Stats. 1967, Ch. 1667. )
Verify source ↗

A state hospital superintendent may discharge certain judicially committed patients who have not recovered if a written certificate is filed with the Director of State Hospitals and the discharge is not harmful to the public or 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 7. Leave of Absence, Discharge, and Restoration to Capacity of Persons Other Than the Mentally Disordered Criminals [7350 - 7362] ( Article 7 added by Stats. 1967, Ch. 1667. ) ## 7359. The superintendent of a state hospital, on filing his or her written certificate with the Director of State Hospitals, may discharge as improved, or may discharge as unimproved, as the case may be, any judicially committed patient who is not recovered, but whose discharge, in the judgment of the superintendent, will not be detrimental to the public welfare, or injurious to the patient. (Amended by Stats. 2012, Ch. 24, Sec. 197. (AB 1470) Effective June 27, 2012.)
736.
## 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 Division of Juvenile Facilities must accept committed wards if the stated benefit and facility conditions are met, and a ward may not be transported until the facility superintendent notifies the committing court. The two named directors must also meet and set policy at least annually.

## 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. ) ## 736. (a) Except as provided in Section 733, the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, shall accept a ward committed to it pursuant to this article if the Director of the Division of Juvenile Justice believes that the ward can be materially benefited by the division’s reformatory and educational discipline, and if the division has adequate facilities, staff, and programs to provide that care. A ward subject to this section shall not be transported to any facility under the jurisdiction of the division until the superintendent of the facility has notified the committing court of the place to which that ward is to be transported and the time at which he or she can be received. (b) To determine who is best served by the Division of Juvenile Facilities, and who would be better served by the State Department of State Hospitals, the Director of the Division of Juvenile Justice and the Director of State Hospitals shall, at least annually, confer and establish policy with respect to the types of cases that should be the responsibility of each department. (Amended by Stats. 2014, Ch. 442, Sec. 13. (SB 1465) Effective September 18, 2014.)
736.5.
## 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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This section limits commitment of wards to the Division of Juvenile Justice, allows some court commitments while closure is pending, and sets closure and planning deadlines.

## 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. ) ## 736.5. (a) It is the intent of the Legislature to close the Division of Juvenile Justice within the Department of Corrections and Rehabilitation, through shifting responsibility for all youth adjudged a ward of the court, commencing July 1, 2021, to county governments and providing annual funding for county governments to fulfill this new responsibility. (b) Beginning July 1, 2021, a ward shall not be committed to the Department of Corrections and Rehabilitation, Division of Juvenile Justice, except as described in subdivision (c). (c) Pending the final closure of the Department of Corrections and Rehabilitation, Division of Juvenile Justice, a court may commit a ward who is otherwise eligible to be committed under existing law and in whose case a motion to transfer the minor from juvenile court to a court of criminal jurisdiction was filed. The court shall consider, as an alternative to commitment to the Division of Juvenile Justice, placement in local programs, including those established as a result of the implementation of Chapter 337 of the Statutes of 2020. (d) All wards committed to the Department of Corrections and Rehabilitation, Division of Juvenile Justice prior to July 1, 2021 or pursuant to (c), shall remain within its custody until the ward is discharged, released or otherwise moved pursuant to law, or until final closure of the Division of Juvenile Justice. (e) The Division of Juvenile Justice within the Department of Corrections and Rehabilitation shall close on June 30, 2023. (f) The Director of the Division of Juvenile Justice shall develop a plan, by January 1, 2022, for the transfer of jurisdiction of youth remaining at the Division of Juvenile Justice who are unable to discharge or otherwise move pursuant to law prior to final closure on June 30, 2023. (Amended by Stats. 2021, Ch. 18, Sec. 10. (SB 92) Effective May 14, 2021.)
7360.
## 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 7. Leave of Absence, Discharge, and Restoration to Capacity of Persons Other Than the Mentally Disordered Criminals [7350 - 7362] ( Article 7 added by Stats. 1967, Ch. 1667. )
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The medical superintendent may not refuse to discharge an improved judicially committed patient because family or guardian cannot financially and practically care for the patient. In that situation, the patient must be returned to the committing county at the county’s expense and cared for by the county as an indigent 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 7. Leave of Absence, Discharge, and Restoration to Capacity of Persons Other Than the Mentally Disordered Criminals [7350 - 7362] ( Article 7 added by Stats. 1967, Ch. 1667. ) ## 7360. The medical superintendent shall not refuse to discharge any judicially committed patient as improved, on the ground that the guardian, friends, or relatives of the patient are not financially able and willing to care properly for the patient after his discharge. Any patient whose condition has improved so as to render him eligible for discharge under Section 7359 and whose guardian, friends, or relatives are not financially able and willing to care properly for him after his discharge shall be returned to the county from which he was committed, at the expense of the county, and shall be cared for by the county as are other indigent persons. (Amended by Stats. 1968, Ch. 1374.)
7361.
## 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 7. Leave of Absence, Discharge, and Restoration to Capacity of Persons Other Than the Mentally Disordered Criminals [7350 - 7362] ( Article 7 added by Stats. 1967, Ch. 1667. )
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If the superintendent will not certify discharge, a superior judge may order the patient’s discharge after reviewing the certificate and other proof and hearing the superintendent.

## 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 7. Leave of Absence, Discharge, and Restoration to Capacity of Persons Other Than the Mentally Disordered Criminals [7350 - 7362] ( Article 7 added by Stats. 1967, Ch. 1667. ) ## 7361. When the superintendent is unwilling to certify to the discharge of an unrecovered judicially committed patient, upon request, and so certifies in writing, giving his reasons therefor, any superior judge of the county in which the hospital is situated, upon such certificate, and upon any other proofs produced before him, after affording opportunity for a hearing to the superintendent, may direct, by order, the discharge of the patient, upon such security to the people of the state as he may require for the good behavior and maintenance of the patient. The certificate and the proof, and the order granted thereon, shall be filed in the clerk’s office of the county in which the hospital is situated, and a certified copy of the order shall be filed in the hospital from which the patient is discharged. (Added by Stats. 1967, Ch. 1667.)
7362.
## 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 7. Leave of Absence, Discharge, and Restoration to Capacity of Persons Other Than the Mentally Disordered Criminals [7350 - 7362] ( Article 7 added by Stats. 1967, Ch. 1667. )
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A state hospital superintendent may discharge certain patients, and must do so when ordered by the State Department of 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 7. Leave of Absence, Discharge, and Restoration to Capacity of Persons Other Than the Mentally Disordered Criminals [7350 - 7362] ( Article 7 added by Stats. 1967, Ch. 1667. ) ## 7362. (a) The medical superintendent of a state hospital, on filing his or her written certificate with the Director of State Hospitals, may on his or her own motion, and shall on the order of the State Department of State Hospitals, discharge a patient who comes within any of the following descriptions: (1) Who is not a proper case for treatment therein. (2) Who has a developmental disability or a chronic harmless mental health disorder. (b) The person, when discharged, shall be returned to the county of his or her residence at the expense of the county, and delivered to the sheriff or other appropriate county official to be designated by the board of supervisors, for delivery to the official or agency in that county charged with the responsibility for the person. Should the person be a poor and indigent person, he or she shall be cared for by the county as are other indigent poor. (c) No person who has been discharged from a state hospital under the provisions of paragraph (2) of subdivision (a) shall be again committed to a state hospital unless he or she is subject to judicial commitment. (Amended by Stats. 2014, Ch. 144, Sec. 131. (AB 1847) Effective January 1, 2015.)
737.
## 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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When a juvenile court ward is detained for more than 15 days, the court must review the detention regularly and look at whether the delay is reasonable.

## 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. ) ## 737. (a) Whenever a person has been adjudged a ward of the juvenile court and has been committed or otherwise disposed of as provided in this chapter for the care of wards of the juvenile court, the court may order that the ward be detained until the execution of the order of commitment or of other disposition. (b) In any case in which a minor or nonminor is detained for more than 15 days pending the execution of the order of commitment or of any other disposition, the court shall periodically review the case to determine whether the delay is reasonable. These periodic reviews shall occur at a hearing held at least every 15 days, commencing from the time the minor or nonminor was initially detained pending the execution of the order of commitment or of any other disposition. Prior to the hearing, the probation officer shall contact appropriate placements in order to identify specific, appropriate, and available placements for the minor or nonminor. During the course of each review, the court shall inquire regarding the action taken by the probation department to carry out its order, the reasons for the delay, and the effect of the delay upon the minor or nonminor. The probation department shall explain to the court what steps have been taken to identify an appropriate placement for the minor or nonminor. (c) (1) A court shall not consider any of the following to be a reasonable delay: (A) The probation officer’s inability to identify a specific, appropriate, and available placement for the minor or nonminor when the court finds that the probation officer has not made reasonable efforts to identify a specific, appropriate, and available placement for the minor or nonminor. (B) A delay caused by administrative processes, including, but not limited to, the workload of county personnel, transfer or reassignment of a case, or the availability of reports or records. (C) A delay in convening any meetings between agencies. For purposes of this paragraph, “agency” has the same meaning as defined in Section 727. (2) This subdivision does not preclude the court from determining that any other delay is not reasonable, including, but not limited to, in the case of a minor or nonminor who was previously adjudged to be a dependent child of the court and was in foster care at the time the petition was filed pursuant to Section 601 or 602, if the probation officer does not identify a specific, appropriate, and available placement for the minor or nonminor in the case plan described in Section 706.6 upon the court issuing its orders pursuant to paragraph (3) of subdivision (a) of Section 727, unless the probation officer provides documentation that his or her efforts to find an appropriate placement were reasonable. (d) (1) If the court finds the delay to be unreasonable, the court shall order the probation officer to assess the availability of any suitable temporary placements or other alternatives to continued detention of the minor or nonminor in a secure setting. The court may order that the minor or nonminor be placed in a suitable and available temporary nonsecure placement or alternative to continued detention after consultation with all interested parties present at the hearing, including the probation officer, the minor or nonminor, the family of the minor or nonminor, and other providers of services. In addition to the orders authorized by this subdivision, the court may issue any other orders or relief pursuant to its authority under paragraph (1) of subdivision (a) of Section 727. (2) The court shall continue to periodically review the case, pursuant to subdivision (b), until the execution of the order of commitment or of other disposition. (e) It is the intent of the Legislature, in amending this section in the 2013–14 Regular Session, that minors and nonminors are to be released to their court-ordered dispositions expeditiously, and that any unreasonable periods of detention must be eliminated because they are not in the best interests of the minor or nonminor. (Amended by Stats. 2014, Ch. 615, Sec. 2. (AB 2607) Effective January 1, 2015.)
7375.
## 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 8. Disposition of Mentally Disordered Criminals Upon Recovery [7375- 7375.] ( Article 8 added by Stats. 1967, Ch. 1667. )
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A state hospital medical director must report a convict’s status and progress to the Director of Corrections 90 days after arrival and every six months after that; when the convict recovers, the convict is to be returned to prison.

## 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 8. Disposition of Mentally Disordered Criminals Upon Recovery [7375- 7375.] ( Article 8 added by Stats. 1967, Ch. 1667. ) ## 7375. Whenever a convict is received into a state hospital under the provisions of Section 2684 of the Penal Code, the medical director of the state hospital shall, 90 days after the arrival of such person and each six months thereafter, report to the Director of Corrections regarding the status and progress of the person. The convict shall, on recovery, be returned to prison in accordance with the provisions of Section 2685 of the Penal Code. (Repealed and added by Stats. 1980, Ch. 547, Sec. 27.)
738.
## 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 juvenile court may order certain minors sent to parents, relatives, guardians, or an authorized juvenile-court official or agency abroad, and may also order transportation, accommodation, and an attendant if 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 18. Wards—Judgments and Orders [725 - 742] ( Heading of Article 18 renumbered from Article 9 by Stats. 1976, Ch. 1068. ) ## 738. In a case where the residence of a minor placed on probation under the provisions of Section 725 or of a ward of the juvenile court is out of the state and in another state or foreign country, or in a case where such minor is a resident of this state but his parents, relatives, guardian, or person charged with his custody is in another state, the court may order such minor sent to his parents, relatives, or guardian, or to the person charged with his custody, or, if the minor is a resident of a foreign country, to an official of a juvenile court of such foreign country or an agency of such country authorized to accept the minor, and in such case may order transportation and accommodation furnished, with or without an attendant, as the court deems necessary. If the court deems an attendant necessary, the court may order the probation officer or other suitable person to serve as such attendant. The probation officer shall authorize the necessary expenses of such minor and of the attendant and claims therefor shall be audited, allowed and paid in the same manner as other county claims. (Amended by Stats. 1976, Ch. 1068.)
739.
## 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 probation officers and courts authorize certain medical, dental, surgical, and related care for minors in juvenile proceedings, with notice and consent efforts required in some 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 18. Wards—Judgments and Orders [725 - 742] ( Heading of Article 18 renumbered from Article 9 by Stats. 1976, Ch. 1068. ) ## 739. (a) Upon referral to the probation officer of a minor who has been taken into temporary custody under Section 625, the probation officer may authorize a medical examination that complies with regulations adopted by the Corrections Standards Authority. If the minor is retained in custody by the probation officer, and prior to the court detention hearing required under Section 632, the probation officer may authorize medical or dental treatment or care based on the written recommendation of the examining physician and considered necessary for the health of the minor. No treatment or care under this subdivision may be authorized by the probation officer unless the probation officer has made a reasonable effort to notify and to obtain the consent of the parent, guardian, or person standing in loco parentis for the minor, and, if the parent, guardian, or person standing in loco parentis objects, the treatment or care shall be given only upon order of the court in the exercise of its discretion. The probation officer shall document the efforts made to notify and obtain parental consent under this subdivision and shall enter this information into the case file for the minor. (b) Whenever it appears to the juvenile court that any person concerning whom a petition has been filed with the court is in need of medical, surgical, dental, or other remedial care, and that there is no parent, guardian, or person standing in loco parentis capable of authorizing or willing to authorize the remedial care or treatment for that person, the court, upon the written recommendation of a licensed physician and surgeon or, if the person needs dental care, a licensed dentist, and after due notice to the parent, guardian, or person standing in loco parentis, if any, may make an order authorizing the performance of the necessary medical, surgical, dental, or other remedial care for that person. (c) Whenever a person is placed by order of the juvenile court within the care and custody or under the supervision of the probation officer of the county in which the person resides and it appears to the court that there is no parent, guardian, or person standing in loco parentis capable of authorizing or willing to authorize medical, surgical, dental, or other remedial care or treatment for the person, the court may, after due notice to the parent, guardian, or person standing in loco parentis, if any, order that the probation officer may authorize the medical, surgical, dental, or other remedial care for the person by licensed practitioners, as may from time to time appear necessary. (d) (1) Whenever it appears that a minor otherwise within subdivision (a), (b), or (c) requires immediate emergency medical, surgical, or other remedial care in an emergency situation, that care may be provided by a licensed physician and surgeon or, if the minor needs dental care in an emergency situation, by a licensed dentist, without a court order and upon authorization of a probation officer. If the minor needs foot or ankle care within the scope of practice of podiatric medicine, as defined in Section 2472 of the Business and Professions Code, a probation officer may authorize the care to be provided by a podiatrist after obtaining the advice and concurrence of a physician and surgeon. The probation officer shall make reasonable efforts to obtain the consent of, or to notify, the parent, guardian, or person standing in loco parentis prior to authorizing emergency medical, surgical, dental, or other remedial care. (2) For purposes of this subdivision, “emergency situation” means a minor requires immediate treatment for the alleviation of severe pain or an immediate diagnosis and treatment of an unforeseeable medical, surgical, dental, or other remedial condition or contagious disease that, if not immediately diagnosed and treated, would lead to serious disability or death. An emergency situation also includes known conditions or illnesses that, during any period of secure detention of the minor by the probation officer, require immediate laboratory testing, medication, or treatment to prevent an imminent and severe or life-threatening risk to the health of the minor. (e) In any case in which the court orders the performance of any medical, surgical, dental, or other remedial care pursuant to this section, the court may also make an order authorizing the release of information concerning that care to probation officers, parole officers, or any other qualified individuals or agencies caring for or acting in the interest and welfare of the minor under order, commitment, or approval of the court. (f) Nothing in this section shall be construed as limiting the right of a parent, guardian, or person standing in loco parentis, who has not been deprived of the custody or control of the minor by order of the court, in providing any medical, surgical, dental, or other remedial treatment recognized or permitted under the laws of this state. (g) The parent of any person described in this section may authorize the performance of medical, surgical, dental, or other remedial care provided for in this section notwithstanding his or her age or marital status. In nonemergency situations the parent authorizing the care shall notify the other parent prior to the administration of the care. (h) Nothing in this section shall be construed to interfere with a minor’s right to authorize or refuse medical, surgical, dental, or other care when the minor’s consent for care is sufficient or specifically required pursuant to existing law, or to interfere with a minor’s right to refuse, verbally or in writing, nonemergency medical and mental health care. (Amended by Stats. 2011, Ch. 256, Sec. 1. (SB 913) Effective January 1, 2012.)
739.5.
## 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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For certain foster youth, only a juvenile court judicial officer may authorize psychotropic medication, though the court may delegate that authority to a parent if specific findings are made.

## 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. ) ## 739.5. (a) (1) If a minor who has been adjudged a ward of the court under Section 601 or 602 is removed from the physical custody of the parent under Section 726 and placed into foster care, as defined in Section 727.4, only a juvenile court judicial officer shall have authority to make orders regarding the administration of psychotropic medications for that minor. The juvenile court may issue a specific order delegating this authority to a parent upon making findings on the record that the parent poses no danger to the minor and has the capacity to authorize psychotropic medications. Court authorization for the administration of psychotropic medication shall be based on a request from a physician, indicating the reasons for the request, a description of the minor’s diagnosis and behavior, the expected results of the medication, and a description of any side effects of the medication. (2) (A) The Judicial Council shall amend and adopt rules of court and develop appropriate forms for the implementation of this section, in consultation with the State Department of Social Services, the State Department of Health Care Services, and stakeholders, including, but not limited to, the County Welfare Directors Association of California, the County Behavioral Health Directors Association of California, the Chief Probation Officers of California, associations representing current and former foster children, caregivers, and minor’s attorneys. This effort shall be undertaken in coordination with the updates required under paragraph (2) of subdivision (a) of Section 369.5. (B) The rules of court and forms developed pursuant to subparagraph (A) shall address all of the following: (i) The minor and the minor’s caregiver and court-appointed special advocate, if any, have an opportunity to provide input on the medications being prescribed. (ii) Information regarding the minor’s overall mental health assessment and treatment plan is provided to the court. (iii) Information regarding the rationale for the proposed medication, provided in the context of past and current treatment efforts, is provided to the court. This information shall include, but not be limited to, information on other pharmacological and nonpharmacological treatments that have been utilized and the minor’s response to those treatments, a discussion of symptoms not alleviated or ameliorated by other current or past treatment efforts, and an explanation of how the psychotropic medication being prescribed is expected to improve the minor’s symptoms. (iv) Guidance is provided to the court on how to evaluate the request for authorization, including how to proceed if information, otherwise required to be included in a request for authorization under this section, is not included in a request for authorization submitted to the court. (C) The rules of court and forms developed pursuant to subparagraph (A) shall include a process for periodic oversight by the court of orders regarding the administration of psychotropic medications that includes the caregiver’s and minor’s observations regarding the effectiveness of the medication and side effects, information on medication management appointments and other followup appointments with medical practitioners, and information on the delivery of other mental health treatments that are a part of the minor’s overall treatment plan. This oversight process shall be conducted in conjunction with other regularly scheduled court hearings and reports provided to the court by the county probation agency. (D) (i) By September 1, 2020, the forms developed pursuant to subparagraph (A) shall include a request for authorization by the minor or the minor’s attorney to release the minor’s medical information to the Medical Board of California in order to ascertain whether there is excessive prescribing of psychotropic medication that is inconsistent with the standard of care described in Section 2245 of the Business and Professions Code. The authorization shall be limited to medical information relevant to the investigation of the prescription of psychotropic medication, and the information may only be used for the purpose set forth in this subparagraph and Section 2245 of the Business and Professions Code. (ii) The Medical Board of California or its representative shall request the medical information obtained pursuant to this section to be sealed if the medical information is admitted as an exhibit in an administrative hearing pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. (b) (1) The agency that completes the request for authorization for the administration of psychotropic medication is encouraged to complete the request within three business days of receipt from the physician of the information necessary to fully complete the request. (2) Nothing in this subdivision is intended to change current local practice or local court rules with respect to the preparation and submission of requests for authorization for the administration of psychotropic medication. (c) (1) Within seven court days from receipt by the court of a completed request, the juvenile court judicial officer shall either approve or deny in writing a request for authorization for the administration of psychotropic medication to the minor, or shall, upon a request by the parent, the legal guardian, or the minor’s attorney, or upon its own motion, set the matter for hearing. (2) (A) Notwithstanding Section 827 or any other law, upon the approval or denial by the juvenile court judicial officer of a request for authorization for the administration of psychotropic medication, the county probation agency or other person or entity who submitted the request shall provide a copy of the court order approving or denying the request to the minor’s caregiver. (B) If the court approves the request, the copy of the order shall include the last two pages of form JV-220(A) or the last two pages of JV-220(B) and all medication information sheets that were attached to form JV-220(A) or form JV-220(B), which are all referenced in Rule 5.640 of the California Rules of Court. (C) If the child changes placement, the social worker or probation officer shall provide the new caregiver with a copy of the order, including the last two pages of form JV-220(A) or the last two pages of JV-220(B), and the medication information sheets that were attached to form JV-220(A) or form JV-220(B), which are all referenced in Rule 5.640 of the California Rules of Court. (d) Psychotropic medication or psychotropic drugs are those medications administered for the purpose of affecting the central nervous system to treat psychiatric disorders or illnesses. These medications include, but are not limited to, anxiolytic agents, antidepressants, mood stabilizers, antipsychotic medications, anti-Parkinson agents, hypnotics, medications for dementia, and psychostimulants. (e) Nothing in this section is intended to supersede local court rules regarding a minor’s right to participate in mental health decisions. (f) This section does not apply to nonminor dependents, as defined in subdivision (v) of Section 11400. (Amended by Stats. 2022, Ch. 812, Sec. 2. (SB 528) Effective January 1, 2023.)
739.6.
## 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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The department must arrange child psychiatry record reviews for county-requested second opinions on psychotropic medication authorizations, with reviews due within three business 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 18. Wards—Judgments and Orders [725 - 742] ( Heading of Article 18 renumbered from Article 9 by Stats. 1976, Ch. 1068. ) ## 739.6. (a) (1) The State Department of Social Services, in consultation with the State Department of Health Care Services, shall contract for child psychiatry services to complete a record review for all authorization requests for psychotropic medications for which a second opinion review is requested by a county. The second opinion review shall occur within three business days of the county request and shall include discussion of the psychosocial interventions that have been or will be offered to the child and caretaker, if appropriate, to address the behavioral health needs of the child. (2) (A) Recommended indicators for identifying those requests for authorizations of psychotropic medications for which a county may request a second opinion record review may include, but are not limited to, prescriptions for concurrent psychotropic medications, dosages that exceed recommended guidelines for use in children, off-label prescribing, and requests for psychotropic medication usage without any other concurrent psychosocial services. (B) The State Department of Social Services shall, by July 1, 2018, issue guidance regarding the second opinion review process and may periodically revise that guidance following consultation with counties, other state departments, advocates for children and youth, and other stakeholders. (3) The child psychiatry services contracted for by the State Department of Social Services shall be available to provide second opinion reviews to those counties that do not have a second opinion review program. This section does not prohibit a county from operating its own second opinion review program and does not supersede any county-operated second opinion review program. (4) This section does not prevent the administration of medication in an emergency, as otherwise authorized or required by law or regulation. (b) The State Department of Health Care Services shall seek any necessary federal approvals to obtain federal financial participation for the second opinion review service pursuant to this section, including any approvals necessary to obtain enhanced federal financial participation as applicable. Notwithstanding any other law, this section shall be implemented only if, and to the extent that, any necessary federal approvals are obtained by the department and federal financial participation is available and is not otherwise jeopardized. (Added by Stats. 2017, Ch. 24, Sec. 12. (SB 89) Effective June 27, 2017.)
740.
## 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 certain juvenile placement and notice steps, and it sets when counties must pay related costs.

## 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. ) ## 740. (a) Any minor adjudged to be a ward of the court on the basis that he or she is a person described in Section 602 and who is placed in a community care facility shall be placed in a community care facility within his or her county of residence, unless both of the following apply: (1) He or she has identifiable needs requiring specialized care that cannot be provided in a local facility or his or her needs dictate physical separation from his or her family. (2) The county of residence agrees to pay the placement county the costs of providing services to the minor, pursuant to Section 1566.25 of the Health and Safety Code. (b) (1) Before the placement of a minor adjudged to be a ward of the court on the basis that he or she is a person described in Section 602 in any community care facility outside the ward’s county of residence, the probation officer of the county making the placement, or in the case of a ward of the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, the parole officer in charge of his or her case, shall send, via mail, delivery, fax, or electronically, written notice of the placement, including the name of the ward, the juvenile record of the ward (including any known prior offenses), and the ward’s county of residence, to the probation officer of the county in which the community care facility is located. It is the intention of the Legislature, in regard to this requirement, that the probation officer of the county making the placement, or in the case of a ward of the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, the parole officer in charge of his or her case, shall make his or her best efforts to send, via mail, fax, or electronically, or to hand deliver, the notice at least 24 hours prior to the time the placement is made. When that placement is terminated, the probation officer of the county making the placement, or in the case of a ward of the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, the parole officer in charge of his or her case, shall send notice thereof to any person or agency receiving notification of the placement. (2) When it has been determined that it is necessary for a ward whose board and care is funded through the Aid to Families with Dependent Children-Foster Care program to be placed in a county other than the ward’s parents’ or guardians’ county of residence, the specific reason the out-of-county placement is necessary shall be documented in the ward’s case plan. If the reason is lack of resources in the sending county to meet the specific needs of the ward, those specific resources needs shall be documented in the case plan. (3) When it has been determined that a ward whose board and care is funded through the Aid to Families with Dependent Children-Foster Care program is to be placed out-of-county and that the sending county is to maintain responsibility for supervision and visitation of the ward, the sending county shall develop a plan of supervision and visitation activities to be performed, and shall specify that the sending county is responsible for performing those activities. In addition to the plan of supervision and visitation, the sending county shall document information regarding known or suspected gang affiliation or dangerous behavior of the ward that indicates the ward may pose a safety concern in the receiving county. The sending county shall send to the receiving county a copy of the plan of supervision and visitation, in addition to the notice of placement required in paragraph (1), prior to placement of the ward. If placement occurs on a holiday or weekend, the plan of supervision and visitation and the notice of placement shall be provided to the receiving county on or before the end of the next business day. (4) When it has been determined that a ward whose placement is funded through the Aid to Families with Dependent Children-Foster Care program is to be placed out-of-county and the sending county plans that the receiving county shall be responsible for the supervision and visitation of the ward, the sending county shall develop a formal agreement between the sending and receiving counties. The formal agreement shall specify the supervision and visitation to be provided the ward, and shall specify that the receiving county is responsible for providing the supervision and visitation. The formal agreement shall be approved and signed by the sending and receiving counties prior to placement of the ward in the receiving county. Additionally, the notice of placement required by paragraph (1) shall be provided to the receiving county prior to placement of the ward in that county. Upon completion of the case plan, the sending county shall provide a copy of the completed case plan to the receiving county. The case plan shall include information regarding known or suspected gang affiliation or dangerous behavior of the ward that indicates the ward may pose a safety concern for the receiving county. (5) The probation department of a receiving county that has a group home in which a minor is placed by the probation department of another county, after adjudication of the minor for any felony offense, may disclose to the sheriff of the receiving county or to the municipal police department of the city in which the group home is located, the name of the minor, the felony offense or offenses for which the minor has been adjudicated, and the address of the group home. This information shall be utilized only for law enforcement purposes and may not be utilized in a manner that is inconsistent with the rehabilitative program in which the minor has been placed or with the progress the minor may be making in the placement program. Notwithstanding any other law, the information provided by the probation department to a law enforcement agency under this paragraph may be provided to other law enforcement personnel for the limited law enforcement purposes described in this paragraph, but shall otherwise remain confidential. (c) Notwithstanding subdivision (e) of Section 1538.5 of the Health and Safety Code, at the request of the probation department of the county in which the group home facility is located, the group home shall notify a probation official designated by the probation department to receive notifications pursuant to this subdivision, of unusual incidents concerning a ward placed by the sending county that involved a response by local law enforcement or emergency services personnel, including runaway incidents. The notification shall include identifying information about the ward. A group home facility shall notify the designated probation official of a requesting probation department of an unusual incident no later than the applicable deadline imposed by law or department regulation for a group home facility to notify the licensing agency of the unusual incident. The requesting probation department shall maintain the confidentiality of any identifying information about the ward contained in the notification and shall not share, transfer, or otherwise release the identifying information to a third party unless otherwise authorized by state or federal law. (d) A minor, the parent or guardian of a minor, and counsel representing a minor or the parent or guardian of a minor may petition the juvenile court for the review of a placement decision concerning the minor made by the probation officer pursuant to subdivision (a). The petition shall state the petitioner’s relationship to the minor and shall set forth in concise language the grounds on which the review is sought. The court shall order that a hearing shall be held on the petition and shall give prior notice, or cause prior notice to be given, to the persons and by the means prescribed by Section 776, and, in instances in which the means of giving notice is not prescribed by that section, then by any means as the court prescribes. (e) If a minor is placed in a community care facility out of his or her county of residence and is then arrested and placed in juvenile hall pending a jurisdictional hearing, the county of residence shall pay to the probation department of the county of placement all reasonable costs resulting directly from the minor’s stay in the juvenile hall, provided that these costs exceed one hundred dollars ($100). (f) If, as a result of the hearing in subdivision (d), the minor is remanded back to his or her county of residence, the county of residence shall pay to the probation department of the county of placement, in addition to any payment made pursuant to subdivision (e), all reasonable costs resulting directly from transporting the minor to the county of residency, provided that these costs exceed one hundred dollars ($100). (g) Claims made by the probation department in the county of placement to the county of residence, pursuant to subdivisions (e) and (f), shall be paid within 30 days of the submission of these claims and the probation department in the county of placement shall bear the remaining expense. (h) As used in this section: (1) “Community care facility” shall be defined as provided in Section 1502 of the Health and Safety Code. (2) “Gang affiliation” shall have the same meaning as defined for data entry into the CalGang system. (3) “Group home” has the same meaning as provided in paragraph (1) of subdivision (g) of Section 80001 of Title 22 of the California Code of Regulations. (Amended by Stats. 2009, Ch. 46, Sec. 4. (SB 352) Effective January 1, 2010.)
740.1.
## 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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A ward returned to the county of residence after arrest and a jurisdictional hearing may not be placed back in the placement county unless the placement county provides testimony, documentation, or a request under subdivision (b).

## 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. ) ## 740.1. (a) Any minor adjudged to be a ward of the court on the basis that he or she is a person described in Section 602 of the Welfare and Institutions Code and who is placed in a community care facility outside his or her county of residence who is then arrested and after receiving a jurisdictional hearing is remanded back to his or her county of residence shall not be placed back into the placement county without the testimony and documentation or request, if any, from the placement county pursuant to subdivision (b). (b) The placement county may provide to the juvenile court relevant testimony and documentation pertaining to the ward’s conduct while residing in the placement county, and may request that the ward not be returned to the placement county. (c) “Community care facility,” as used in this section, shall be defined as provided in Section 1502 of the Health and Safety Code. (Added by Stats. 1992, Ch. 1153, Sec. 7. Effective January 1, 1993.)
741.
## 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 order the probation officer to obtain needed expert services for a minor’s treatment, and the county pays for those 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 18. Wards—Judgments and Orders [725 - 742] ( Heading of Article 18 renumbered from Article 9 by Stats. 1976, Ch. 1068. ) ## 741. The juvenile court may, in any case before it in which a petition has been filed as provided in Article 16 (commencing with Section 650), order that the probation officer obtain the services of such psychiatrists, psychologists, physicians and surgeons, dentists, optometrists, audiologists, or other clinical experts as may be required to assist in determining the appropriate treatment of the minor and as may be required in the conduct or implementation of the treatment. Payment for the services shall be a charge against the county. Whenever diagnosis or treatment pursuant to this section is due to, or related to, drug or alcohol use, the cost thereof shall be considered for the use of funds made available to the county from state or federal sources for the purpose of providing care and treatment for drug- and alcohol-related illness or for drug or alcohol abuse. (Amended by Stats. 1991, Ch. 482, Sec. 3. Effective October 4, 1991.)
742.
## 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 notify the alleged victim, by letter, of the case’s final disposition within 60 days after final disposition if requested. The officer must also tell the victim about any victim impact class in the county and the victim’s rights to final-disposition notice and possible restitution.

## 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. ) ## 742. (a) Upon the request of an alleged victim of a crime, the probation officer shall, within 60 days of the final disposition of a case within which a petition has been filed pursuant to Section 602, inform that person by letter of the final disposition of the case. “Final disposition” means dismissal, acquittal, or findings made pursuant to this article. If the court orders that restitution shall be made to the victim of a crime, the amount, terms, and conditions thereof shall be included in the information provided pursuant to this section. (b) When a petition has been filed pursuant to Section 602, the probation officer shall inform the victim of the offense, if any, of any victim impact class available in the county, and of their right pursuant to subdivision (a) to be informed of the final disposition of the case, including their right, if any, to victim restitution, as permitted by law. (c) A victim shall be notified of the availability of community-based restorative justice programs and processes available to them, including, but not limited to, programs serving their community, county, county jails, juvenile detention facilities, and the Department of Corrections and Rehabilitation. The victim shall be notified as early and often as possible, including, but not limited to, during the initial contact, during followup investigation, at the point of diversion, throughout the process of the case, and in all postconviction proceedings. (Amended by Stats. 2023, Ch. 513, Sec. 4. (AB 60) Effective January 1, 2024.)
742.10.
## 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 18.5. Graffiti Removal and Damage Recovery Program [742.10 - 742.22] ( Article 18.5 added by Stats. 1994, Ch. 909, Sec. 11. )
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This section states the Legislature’s purposes for the graffiti removal and damage recovery 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 18.5. Graffiti Removal and Damage Recovery Program [742.10 - 742.22] ( Article 18.5 added by Stats. 1994, Ch. 909, Sec. 11. ) ## 742.10. It is the intent of the Legislature in enacting this article to accomplish the following purposes: (a) To assist public and private owners and possessors of property defaced by minors with graffiti or other inscribed material to recover their full damages. (b) To safeguard the fiscal integrity of cities and counties that expend public funds to remove graffiti and other material inscribed by minors from public or private property, or to repair or replace public or private property defaced by minors with graffiti or other inscribed material, by enabling those cities and counties to recoup the full costs of that removal, repair, and replacement. (c) To safeguard the fiscal integrity of cities and counties by enabling them to recoup the law enforcement costs of identifying and apprehending minors who deface the property of others with graffiti or other inscribed material. (d) To minimize the costs of collecting those costs and damages. (e) To discourage the inscription of graffiti and other material by minors by requiring the offending minors, and their parents who have the financial ability to do so, to bear the costs associated with the unlawful defacement of property with graffiti or other inscribed material. (f) To retain in the juvenile court the discretion needed to accomplish the goal of rehabilitating minors. (Added by Stats. 1994, Ch. 909, Sec. 11. Effective January 1, 1995.)
742.12.
## 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 18.5. Graffiti Removal and Damage Recovery Program [742.10 - 742.22] ( Article 18.5 added by Stats. 1994, Ch. 909, Sec. 11. )
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This section defines “graffiti or other inscribed material” and defines “custody” for a later section.

## 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 18.5. Graffiti Removal and Damage Recovery Program [742.10 - 742.22] ( Article 18.5 added by Stats. 1994, Ch. 909, Sec. 11. ) ## 742.12. (a) As used in this article, the term “graffiti or other inscribed material” includes any unauthorized inscription, word, figure, mark, or design that is written, marked, etched, scratched, drawn, or painted on real or personal property. (b) As used in subdivision (d) of Section 742.16, the word “custody” means either legal custody or physical custody of a minor. (Added by Stats. 1994, Ch. 909, Sec. 11. Effective January 1, 1995.)
742.14.
## 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 18.5. Graffiti Removal and Damage Recovery Program [742.10 - 742.22] ( Article 18.5 added by Stats. 1994, Ch. 909, Sec. 11. )
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Local governments may choose to use the county probation officer to recover graffiti-related costs, but if they do, they must include required cost findings, review them every three years, and forward certified copies and related data to the juvenile court clerk and probation 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 18.5. Graffiti Removal and Damage Recovery Program [742.10 - 742.22] ( Article 18.5 added by Stats. 1994, Ch. 909, Sec. 11. ) ## 742.14. (a) A city, county, or city and county may elect, by ordinance, to have the probation officer of the county recoup for it, through juvenile court proceedings in accordance with Section 742.16, its costs associated with defacement by minors of its property and the property of others by graffiti or other inscribed material. That ordinance shall include the cost finding or findings specified in subdivision (b), and if the city, county, or city and county enacts an ordinance pursuant to Section 53069.3 of the Government Code, the cost findings specified in subdivision (c). These cost findings shall be reviewed at least once every three years, at which time the city, county, or city and county, by resolution, shall adopt updated cost findings in accordance with subdivisions (b) and (c). A city, county, or city and county may rescind, by ordinance, its election to have the probation officer recoup its costs pursuant to this section. Immediately after adoption, the city or county shall cause a certified copy of an ordinance adopted pursuant to this subdivision and any resolution containing updated cost findings to be forwarded to the clerk of the juvenile court in the county and to the probation officer of the county. (b) A city, county, or city and county that adopts an ordinance pursuant to subdivision (a) shall include therein a finding or findings, to be reviewed at least once every three years, of the average costs per unit of measure incurred by the law enforcement agency with primary jurisdiction in the city, county, or city and county in identifying and apprehending a person subsequently convicted of violation of Section 594, 594.3, 594.4, 640.5, 640.6, or 640.7 of the Penal Code or a minor subsequently found to be a person described in Section 602 by reason of the commission of an act prohibited by Section 594, 594.3, 594.4, 640.5, 640.6, or 640.7 of the Penal Code. A city, county, or city and county that does not adopt an ordinance pursuant to subdivision (a) may adopt an ordinance containing the cost finding or findings described in this subdivision. Findings of costs per unit of measure may include, but are not limited to, findings of the hourly costs of employee time and of the costs per mile of operating patrol vehicles. (c) If a city, county, or city and county enacts an ordinance pursuant to Section 53069.3 of the Government Code and enacts an ordinance pursuant to subdivision (a), the ordinance enacted pursuant to subdivision (a) shall contain findings, to be reviewed at least once every three years, of the average cost to the city, county, or city and county per unit of measure of removing graffiti and other inscribed material, and of repairing and replacing property of the types frequently defaced with graffiti or other inscribed material that cannot be removed cost effectively. A city, county, or city and county that does not adopt an ordinance pursuant to subdivision (a) may adopt an ordinance containing the cost findings described in this subdivision. Findings of costs per unit of measure may include, but are not limited to, findings of the costs per square inch of removing painted graffiti or of the costs per item of replacing items that have been etched. (d) A school district, district, or other local public agency may elect, by formal action of its governing body, to have the probation officer of the county recoup for it, through juvenile court proceedings in accordance with Section 742.16, its costs associated with the defacement by minors of property it owns or possesses by graffiti or other inscribed material. Upon election, the school district, district, or other local public agency shall make the cost findings described in subdivision (c). These cost findings shall be reviewed at least once every three years, at which time the school district, district, or other local public agency, by formal action of its governing body, shall adopt updated cost findings in accordance with subdivision (c). A school district, district, or other local public agency may rescind, by resolution, its election to have the probation officer recoup its costs pursuant to this section. Immediately after making the election described in this subdivision and adopting initial or updated cost findings, and immediately after rescinding said election, the school district, district, or other local public agency shall cause a certified copy of a document memorializing the election, rescission, or cost findings to be forwarded to the clerk of the juvenile court in the county and to the probation officer of the county. A school district, district, or other local public agency that does not elect to have the probation officer of the county recoup its costs pursuant to Section 742.16 may adopt the cost findings described in this subdivision. (e) A city, county, or city and county that has elected to have the probation officer of the county recoup its costs pursuant to Section 742.16 shall transmit to the probation officer, forthwith, data about its expenditure of resources in identifying and apprehending any minor about whom a petition is filed alleging that the minor is a person described by Section 602 by reason of the commission of an act prohibited by Section 594, 594.3, 594.4, 640.5, 640.6, or 640.7 of the Penal Code. That data shall be sufficient to enable the probation officer and the juvenile court to calculate the costs to the city, county, or city and county in identifying and apprehending the minor. (f) A city, county, or other public agency that has elected to have the probation officer of the county recoup its costs pursuant to Section 742.16 and that has made cost findings pursuant to subdivisions (c) or (d) shall transmit to the probation officer, forthwith, data about its expenditure of resources to remove graffiti or other material inscribed by, or to repair or replace property defaced by, any minor about whom a petition is filed alleging that the minor is a person described by Section 602 by reason of the commission of an act prohibited by Section 594, 594.3, 594.4, 640.5, 640.6, or 640.7 of the Penal Code. That data shall be sufficient to enable the probation officer and the juvenile court to calculate the costs to the city, county, or other local agency for that removal, repair, or replacement. (g) The probation officer of a county may establish procedures for collecting the data described in subdivision (e) and (f). These procedures may include a provision that the juvenile court may not award and the probation officer may refuse to collect costs described in this section unless the data required to be provided to the probation officer pursuant to subdivisions (e) and (f) is provided to him or her within a time certain after he or she makes a demand therefor. (Added by Stats. 1994, Ch. 909, Sec. 11. Effective January 1, 1995.)
742.16.
## 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 18.5. Graffiti Removal and Damage Recovery Program [742.10 - 742.22] ( Article 18.5 added by Stats. 1994, Ch. 909, Sec. 11. )
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This section lets the juvenile court order a minor involved in specified graffiti-related offenses to clean up damage, pay restitution, or do community service, and it can also impose payment obligations on parents in some 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 18.5. Graffiti Removal and Damage Recovery Program [742.10 - 742.22] ( Article 18.5 added by Stats. 1994, Ch. 909, Sec. 11. ) ## 742.16. (a) If a minor is found to be a person described in Section 602 of this code by reason of the commission of an act prohibited by Section 594, 594.3, 594.4, 640.5, 640.6, or 640.7 of the Penal Code, and the court does not remove the minor from the physical custody of the parent or guardian, the court as a condition of probation, except in any case in which the court makes a finding and states on the record its reasons why that condition would be inappropriate, may require the minor to wash, paint, repair, or replace the property defaced, damaged, or destroyed by the minor or otherwise pay restitution to the probation officer of the county for disbursement to the owner or possessor of the property or both. In any case in which the minor is not granted probation or in which the minor’s cleanup, repair, or replacement of the property will not return the property to its condition before it was defaced, damaged, or destroyed, the court shall make a finding of the amount of restitution that would be required to fully compensate the owner and possessor of the property for their damages. The court may order the minor or the minor’s estate to pay that restitution to the probation officer of the county for disbursement to the owner or possessor of the property or both, only if the court determines that the minor or the minor’s estate has the ability to do so, except in any case in which the court makes a finding and states on the record its reasons why full restitution would be inappropriate. If full restitution is found to be inappropriate, the court may require the minor to perform specified community service, except in any case in which the court makes a finding and states on the record its reasons why that condition would be inappropriate. (b) If a minor is found to be a person described in Section 602 of this code by reason of the commission of an act prohibited by Section 594, 594.3, 594.4, 640.5, 640.6, or 640.7 of the Penal Code, and the graffiti or other material inscribed by the minor has been removed, or the property defaced by the minor has been repaired or replaced by a public entity that has elected, pursuant to Section 742.14, to have the probation officer of the county recoup its costs through proceedings in accordance with this section and has made cost findings in accordance with subdivision (c) or (d) of Section 742.14, the court shall determine the total cost incurred by the public entity for said removal, repair, or replacement, using, if applicable, the cost findings most recently adopted by the public entity pursuant to subdivision (c) or (d) of Section 742.14. The court may order the minor or the minor’s estate to pay those costs to the probation officer of the county only if the court determines that the minor or the minor’s estate has the ability to do so. (c) If the minor is found to be a person described in Section 602 of this code by reason of the commission of an act prohibited by Section 594, 594.3, 594.4, 640.5, 640.6, or 640.7 of the Penal Code, and the minor was identified or apprehended by the law enforcement agency of a city or county that has elected, pursuant to Section 742.14, to have the probation officer of the county recoup its costs through proceedings in accordance with this section, the court shall determine the cost of identifying or apprehending the minor, or both, using, if applicable, the cost findings adopted by the city or county pursuant to subdivision (b) of Section 742.14. The court may order the minor or the minor’s estate to pay those costs to the probation officer of the county only if the court determines that the minor or the minor’s estate has the ability to do so. (d) If the court determines that the minor or the minor’s estate is unable to pay in full the costs and damages determined pursuant to subdivisions (a), (b), and (c), and if the minor’s parent or parents have been cited into court pursuant to Section 742.18, the court shall hold a hearing to determine the liability of the minor’s parent or parents pursuant to Section 1714.1 of the Civil Code for those costs and damages. Except when the court makes a finding setting forth unusual circumstances in which parental liability would not serve the interests of justice, the court may order the minor’s parent or parents to pay those costs and damages to the probation officer of the county only if the court determines that the parent or parents have the ability to pay, if the minor was in the custody or control of the parent or parents at the time the minor committed the act that forms the basis for the finding that the minor is a person described in Section 602. In evaluating the parent’s or parents’ ability to pay, the court shall take into consideration the family income, the necessary obligations of the family, and the number of persons dependent upon this income. (e) The hearing described in subdivision (d) may be held immediately following the disposition hearing or at a later date, at the option of the court. (f) If the amount of costs and damages sought to be recovered in the hearing pursuant to subdivision (d) is five thousand dollars ($5,000) or less, the parent or parents may not be represented by counsel and the probation officer of the county shall be represented by a nonattorney designee. The court shall conduct that hearing in accordance with Sections 116.510 and 116.520 of the Code of Civil Procedure. Notwithstanding the foregoing, if the court determines that a parent cannot properly present their defense, the court may, in its discretion, allow another individual to assist that parent. In addition, a spouse may appear and participate in the hearing on behalf of their spouse if the representative’s spouse has given consent and the court determines that the interest of justice would be served thereby. (g) If the amount of costs and damages sought to be recovered in the hearing pursuant to subdivision (d) exceeds five thousand dollars ($5,000), the parent or parents may be represented by counsel of their own choosing, and the probation officer of the county shall be represented by the district attorney or an attorney or nonattorney designee of the probation officer. The parent or parents shall not be entitled to court-appointed counsel or to counsel compensated at public expense. (h) At the hearing conducted pursuant to subdivision (d), there shall be a presumption affecting the burden of proof that the findings of the court made pursuant to subdivisions (a), (b), and (c) represent the actual damages and costs attributable to the act of the minor that forms the basis of the finding that the minor is a person described in Section 602. (i) If the parent or parents, after having been cited to appear pursuant to Section 742.18, fail to appear as ordered, the court shall order the parent or parents to pay the full amount of the costs and damages determined by the court pursuant to subdivisions (a), (b), and (c). (j) Execution may be issued on an order issued by the court pursuant to this section in the same manner as on a judgment in a civil action, including any balance unpaid at the termination of the court’s jurisdiction over the minor. (k) At any time prior to the satisfaction of a judgment entered pursuant to this section, a person against whom the judgment was entered may petition the rendering court to modify or vacate the judgment on the showing of a change in circumstances relating to the person’s ability to pay the judgment. (l) For purposes of a hearing conducted pursuant to subdivision (d), the judge of the juvenile court shall have the jurisdiction of a judge of the superior court in a limited civil case, and if the amount of the demand is within the jurisdictional limits stated in Sections 116.220 and 116.221 of the Code of Civil Procedure, the judge of the juvenile court shall have the powers of a judge presiding over the small claims court. (m) Nothing in this section shall be construed to limit the authority of a juvenile court to provide conditions of probation. (n) The options available to the court pursuant to subdivisions (a), (b), (c), (d), and (k), to order payment by the minor and the minor’s parent or parents of less than the full costs described in subdivisions (a), (b), and (c), on grounds of financial inability or for reasons of justice, shall not be available to a superior court in an ordinary civil proceeding pursuant to subdivision (b) of Section 1714.1 of the Civil Code, except that in any proceeding pursuant to either subdivision (b) of Section 1714.1 of the Civil Code or this section, the maximum amount that a parent or a minor may be ordered to pay shall not exceed twenty thousand dollars ($20,000) for each tort of the minor. (Amended by Stats. 2025, Ch. 575, Sec. 10. (AB 1376) Effective January 1, 2026.)
742.18.
## 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 18.5. Graffiti Removal and Damage Recovery Program [742.10 - 742.22] ( Article 18.5 added by Stats. 1994, Ch. 909, Sec. 11. )
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If the petition is sustained, the court must issue a citation to the minor’s parent or legal guardian, and the citation must warn about possible restitution and up to $20,000 liability.

## 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 18.5. Graffiti Removal and Damage Recovery Program [742.10 - 742.22] ( Article 18.5 added by Stats. 1994, Ch. 909, Sec. 11. ) ## 742.18. (a) If the petition alleges that the minor is the person described by Section 602 by reason of the commission of an act prohibited by Section 594, 594.3, 594.4, 640.5, 640.6, or 640.7 of the Penal Code, and the petition is sustained, the court, in addition to the notice provided in Sections 658 and 659, shall issue a citation to the minor’s parent or legal guardian, ordering them to appear in the court at the time and date stated for a hearing pursuant to subdivision (d) of Section 742.16. (b) The citation shall notify the parent or legal guardian that at the hearing, he, she, or they may be ordered to pay restitution sufficient to fully compensate the owner and possessor of the property defaced by the minor for the damage caused by that defacement, the law enforcement costs of identifying and apprehending the minor, if applicable, and the costs incurred by a public entity to remove graffiti or other material inscribed by the minor, or to repair or replace the property defaced by the minor, if applicable. The citation shall set forth the provisions of Section 742.16 and shall advise the parent or parents that he, she, or they may be ordered to pay an amount not exceeding twenty thousand dollars ($20,000) for the above-referenced damages and costs. The citation shall contain a warning to the parent or parents that if he, she, or they fail to appear at the time and date stated, the court will order him, her, or them to pay in full the costs and damages caused by the act of the minor. (c) Service of the citation shall be made on all parents or legal guardians of the minor whose names and addresses are known to the petitioner. (d) Service of the citation shall be made at least 10 days prior to the time and date stated therein for appearance, in the manner provided by law for the service of a summons in a civil action, other than by publication. (Added by Stats. 1994, Ch. 909, Sec. 11. Effective January 1, 1995.)
742.20.
## 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 18.5. Graffiti Removal and Damage Recovery Program [742.10 - 742.22] ( Article 18.5 added by Stats. 1994, Ch. 909, Sec. 11. )
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The county must distribute collected moneys in a set priority order, and it may keep 15% for certain collection costs 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 18.5. Graffiti Removal and Damage Recovery Program [742.10 - 742.22] ( Article 18.5 added by Stats. 1994, Ch. 909, Sec. 11. ) ## 742.20. Any moneys collected by the probation officer of the county pursuant to an order rendered pursuant to Section 742.16 shall be distributed by the county to the following persons and entities in the following priority: (a) Restitution to the owner and possessor of the property defaced by the minor, in the amount determined by the court. (b) After the restitution described in subdivision (a) has been paid in full, or if restitution was not ordered, the costs of removing graffiti or other material inscribed by the minor and of repairing or replacing property defaced by the minor, to the city, county, or other local public agency that incurred those costs, except that the county may deduct and retain 15 percent of the amount collected for the removal, repair, or replacement costs, or an amount equivalent to its actual costs of collection, whichever is less. (c) After the costs and damages described in subdivisions (a) and (b) have been paid in full, or if there are no costs or damages, the law enforcement costs of identifying and apprehending the minor, to the city or county that incurred those costs, except that the county may deduct and retain 15 percent of the amount collected for those law enforcement costs, or an amount equivalent to its actual costs of collection, whichever is less. (Added by Stats. 1994, Ch. 909, Sec. 11. Effective January 1, 1995.)
742.22.
## 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 18.5. Graffiti Removal and Damage Recovery Program [742.10 - 742.22] ( Article 18.5 added by Stats. 1994, Ch. 909, Sec. 11. )
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If part of this article is invalid, the rest of the article still remains effective if it can work without the invalid part.

## 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 18.5. Graffiti Removal and Damage Recovery Program [742.10 - 742.22] ( Article 18.5 added by Stats. 1994, Ch. 909, Sec. 11. ) ## 742.22. If any provision or clause of this article or the application thereof to any person or circumstances is held invalid, the invalidity shall not affect other provisions or applications of this article which can be given effect without the invalid provision or application, and to this end the provisions of this article are severable. (Added by Stats. 1994, Ch. 909, Sec. 11. Effective January 1, 1995.)
743.
## 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 18.6. Repeat Offender Prevention Project [743 - 749] ( Heading of Article 18.6 renumbered from Article 18.5 (as added by Stats. 1994, Ch. 909) by Stats. 2001, Ch. 854, Sec. 76. )
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A funded three-year pilot project called the Repeat Offender Prevention Project is established for specified California counties and city-county, unless a county opts out by board resolution.

## 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 18.6. Repeat Offender Prevention Project [743 - 749] ( Heading of Article 18.6 renumbered from Article 18.5 (as added by Stats. 1994, Ch. 909) by Stats. 2001, Ch. 854, Sec. 76. ) ## 743. Contingent upon the appropriation of funds therefor, there is hereby established a three-year pilot project which shall be known as the “Repeat Offender Prevention Project.” This project shall operate in the Counties of Fresno, Humboldt, Los Angeles, Orange, San Diego, San Mateo, and Solano, and the City and County of San Francisco, unless the board of supervisors of one or more of these counties adopts a resolution to the effect it will not participate in the project, each of which shall either design, establish, implement, and evaluate a model program to meet the needs of a juvenile offender population identified as having the potential to become repeat serious offenders utilizing the findings of exploratory studies conducted in Orange County between 1989 and 1993 by the research staff of the Orange County Probation Department and which identified certain minors who were designated as the “8 percent” population. The main goal of this program is to develop and implement a cost-effective multiagency, multidisciplinary program which targets youth displaying behavior that may lead to delinquency and recidivism. (Amended by Stats. 1998, Ch. 327, Sec. 1. Effective January 1, 1999.)
744.
## 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 18.6. Repeat Offender Prevention Project [743 - 749] ( Heading of Article 18.6 renumbered from Article 18.5 (as added by Stats. 1994, Ch. 909) by Stats. 2001, Ch. 854, Sec. 76. )
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The Board of Corrections administers the Repeat Offender Prevention Project, and local probation officials may apply for funding under Board guidelines.

## 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 18.6. Repeat Offender Prevention Project [743 - 749] ( Heading of Article 18.6 renumbered from Article 18.5 (as added by Stats. 1994, Ch. 909) by Stats. 2001, Ch. 854, Sec. 76. ) ## 744. (a) The Repeat Offender Prevention Project shall be administered by the Board of Corrections and each program shall be under the onsite administration of the chief probation officer in the county selected for participation in the project or under a consortium of chief probation officers representing each participating county. (b) Pursuant to this article, a chief probation officer or the regional consortium, with the approval of the appropriate board or boards of supervisors, may apply to the Board of Corrections for funding to implement a program meeting the criteria specified in subdivision (b) of Section 745. The goal of each program shall be to develop and demonstrate intervention strategies which will end each participating minor’s escalating pattern of criminal and antisocial behavior, a pattern that leads to chronic delinquency and, potentially, to adult criminal careers. These strategies shall be provided within the parameters of community protection and offender accountability. Application for program funding shall be made in accordance with written guidelines established by the Board of Corrections in consultation with chief probation officers throughout the state. (Amended by Stats. 1998, Ch. 327, Sec. 2. Effective January 1, 1999.)
745.
## 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 18.6. Repeat Offender Prevention Project [743 - 749] ( Heading of Article 18.6 renumbered from Article 18.5 (as added by Stats. 1994, Ch. 909) by Stats. 2001, Ch. 854, Sec. 76. )
Verify source ↗

The Board of Corrections must set goals and deadlines for measuring program demonstration projects and must develop selection criteria and funding schedules for participating counties.

## 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 18.6. Repeat Offender Prevention Project [743 - 749] ( Heading of Article 18.6 renumbered from Article 18.5 (as added by Stats. 1994, Ch. 909) by Stats. 2001, Ch. 854, Sec. 76. ) ## 745. The Board of Corrections shall establish goals and deadlines against which the success or failure of the program demonstration projects may be measured. The board shall also develop selection criteria and funding schedules for participating counties which shall take into consideration, but not be limited to, all of the following: (1) Size of the eligible target population as defined in Section 746. (2) Demonstrated ability to administer the program. (3) Identification of service delivery area. (4) Demonstrated ability to provide or develop the key intervention strategies described in Section 748 to the eligible target population and their families. (5) A formal research component utilizing an experimental research design and random assignment to the program. (Amended by Stats. 1998, Ch. 327, Sec. 3. Effective January 1, 1999.)
746.
## 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 18.6. Repeat Offender Prevention Project [743 - 749] ( Heading of Article 18.6 renumbered from Article 18.5 (as added by Stats. 1994, Ch. 909) by Stats. 2001, Ch. 854, Sec. 76. )
Verify source ↗

A minor may be selected for a program if the minor is 15.5 years old or younger, is a first-time ward of the juvenile court, is supervised by a selected probation department, and has at least three listed risk factors.

## 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 18.6. Repeat Offender Prevention Project [743 - 749] ( Heading of Article 18.6 renumbered from Article 18.5 (as added by Stats. 1994, Ch. 909) by Stats. 2001, Ch. 854, Sec. 76. ) ## 746. A minor shall be selected for participation in a program established pursuant to this article based upon the following factors: (a) The minor is 151/2 years of age or younger, has been declared a ward of the juvenile court for the first time and is to be supervised by a probation department selected for participation in this project. (b) The minor has been evaluated and found to have at least three of the following factors, that place the minor at a significantly greater risk of becoming a chronic juvenile or adult offender: (1) School behavior and performance problems. This shall include at least one of the following: attendance problems; school suspension or expulsion; or failure in two or more academic classes during the previous six months or comparable academic period. (2) Family problems. These shall include at least one of the following: poor parental supervision or control; documented circumstances of domestic violence; child abuse or neglect; or family members who have engaged in criminal activities. (3) Substance abuse. This shall include any regular use of alcohol or drugs by the minor, other than experimentation. (4) High-risk predelinquent behavior. This shall include at least one of the following: a pattern of stealing; chronic running away from home; or gang membership or association. (5) The minor matches the at-risk profile for becoming a chronic and repeat juvenile offender according to the criteria developed by the Multi-Agency At-Risk Youth Committee (MAARYC). (Amended by Stats. 1998, Ch. 327, Sec. 4. Effective January 1, 1999.)
747.
## 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 18.6. Repeat Offender Prevention Project [743 - 749] ( Heading of Article 18.6 renumbered from Article 18.5 (as added by Stats. 1994, Ch. 909) by Stats. 2001, Ch. 854, Sec. 76. )
Verify source ↗

The Board of Corrections must adopt written minimum standards for project implementation, operation, and evaluation.

## 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 18.6. Repeat Offender Prevention Project [743 - 749] ( Heading of Article 18.6 renumbered from Article 18.5 (as added by Stats. 1994, Ch. 909) by Stats. 2001, Ch. 854, Sec. 76. ) ## 747. The Board of Corrections shall adopt written minimum standards for project implementation, operation, and evaluation which shall include a written commitment by a county or region to the following objectives: (a) Teamwork on the part of all treatment and intervention agents involved in the project including the family, the professionals, and any community volunteers. (b) Empowerment of the family to recognize and, ultimately, to solve the problems related to their minor’s delinquent behavior and their involvement as an integral part of the treatment team and process. (c) Creation of a multiagency, multidisciplinary, and culturally competent team so that the program can effectively draw on the professional knowledge, skill, and experience of many treatment disciplines in areas including, but not limited to, the following: education; job preparation and search; job skills and vocational training; life skills; psychological counseling; mental health services; drug and alcohol treatment; health care; parenting skills; community service opportunities; building self-esteem and self-confidence; mentoring programs; restitution programs; gang intervention; crime prevention; recreational, social, and cultural activities; and transportation and child care as needed. (Amended by Stats. 1998, Ch. 327, Sec. 5. Effective January 1, 1999.)
748.
## 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 18.6. Repeat Offender Prevention Project [743 - 749] ( Heading of Article 18.6 renumbered from Article 18.5 (as added by Stats. 1994, Ch. 909) by Stats. 2001, Ch. 854, Sec. 76. )
Verify source ↗

Each county or region must provide key intervention strategies when implementing its programs for minors and families.

## 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 18.6. Repeat Offender Prevention Project [743 - 749] ( Heading of Article 18.6 renumbered from Article 18.5 (as added by Stats. 1994, Ch. 909) by Stats. 2001, Ch. 854, Sec. 76. ) ## 748. Each county or region shall, in implementing their respective programs, provide the following key intervention strategies to ensure the following: (a) Adequate levels of supervision, structure, and support to minors and their families both during and after the intervention and treatment process, in order to accomplish the following: (1) Ensure protection of the community, the minor, and his or her family. (2) Facilitate the development of new patterns of thinking and behavior. (3) Eliminate any obvious stumbling blocks to the family’s progress. (4) Facilitate the development of enhanced parenting skills and parent-child relationships. (b) Accountability on the part of the minor for his or her actions and assistance to the minor in developing a greater awareness and sensitivity to the impact of his or her actions on both people and situations. (c) Assistance to families in their efforts to ensure that minors are attending school regularly. (d) Assistance to the minor in developing strategies for attaining and reinforcing educational success. (e) Promotion and development of positive social values, behavior, and relationships by providing opportunities for the minor to directly help people; to improve his or her community; to participate in positive leisure-time activities specially chosen to match his or her individual interests, skills, and abilities; and to have greater access and exposure to positive adult and juvenile role models. (f) Promotion of partnerships between public and private agencies to develop individualized intervention strategies which shall include, but not be limited to, the following: (1) Delivery of services in close proximity to the minor’s or the minor’s family’s home. (2) Community case advocates to assist in building bridges of trust, communication, and understanding between the minor, the family, and all treatment and intervention agents. (g) Provision of a continuum of care with strong followup services that continue to be available to the minor and family as long as needed, not just on a crisis basis. (Amended by Stats. 1998, Ch. 327, Sec. 6. Effective January 1, 1999.)
749.
## 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 18.6. Repeat Offender Prevention Project [743 - 749] ( Heading of Article 18.6 renumbered from Article 18.5 (as added by Stats. 1994, Ch. 909) by Stats. 2001, Ch. 854, Sec. 76. )
Verify source ↗

The Board of Corrections must monitor and evaluate the project, counties must submit reports, and the board allocates funding to eligible counties or regions.

## 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 18.6. Repeat Offender Prevention Project [743 - 749] ( Heading of Article 18.6 renumbered from Article 18.5 (as added by Stats. 1994, Ch. 909) by Stats. 2001, Ch. 854, Sec. 76. ) ## 749. (a) The Board of Corrections shall be responsible for monitoring demonstration project and expansion program implementations in accordance with an annual program plan submitted by the participating counties or regions. Written progress and evaluation reports shall be required of all participating counties pursuant to a schedule and guidelines developed by the Board of Corrections. (b) The success of each funded demonstration project shall be determined, at a minimum, by comparing a control group, consisting of juvenile offenders who were not selected for participation in the project, to an experimental group, consisting of juvenile offenders who have participated in the project. Juveniles in each group shall be evaluated at 6-, 12-, 18-, and 24-month intervals, according to the following criteria: (1) The number of subsequent petitions to declare the minor a ward of the juvenile court, pursuant to Section 602, and the subject matter and disposition of each of those petitions. (2) The number of days served in any local or state correctional facilities. (3) The number of days of school attendance during the current or most recent semester. (4) The minor’s grade point average for the most recently completed school semester. (c) The Board of Corrections, based on reports provided pursuant to subdivision (a), shall report upon request to the Legislature on the effectiveness of these programs in achieving the demonstration project and program goals described in this article. (d) The Board of Corrections shall determine county or regional eligibility for funding and, from money appropriated therefor, the board shall allocate and award funds to those counties or regions applying and eligible therefor and selected for project participation. (e) The Repeat Offender Prevention Project shall be implemented within six months of the appropriation of funds therefor and shall terminate at the end of three years from that appropriation. (f) Five percent of the funds allocated each fiscal year for the Repeat Offender Prevention Project shall be set aside for the administrative expenses of the Board of Corrections. (Amended by Stats. 1998, Ch. 327, Sec. 7. Effective January 1, 1999.)
749.2.
## 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 18.7. Juvenile Crime Enforcement and Accountability Challenge Grant Program [749.2 - 749.27] ( Article 18.7 added by Stats. 1996, Ch. 133, Sec. 3. )
Verify source ↗

This article may be cited as the Juvenile Crime Enforcement and Accountability Challenge Grant 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 18.7. Juvenile Crime Enforcement and Accountability Challenge Grant Program [749.2 - 749.27] ( Article 18.7 added by Stats. 1996, Ch. 133, Sec. 3. ) ## 749.2. This article shall be known and may be cited as the Juvenile Crime Enforcement and Accountability Challenge Grant Program. (Added by Stats. 1996, Ch. 133, Sec. 3. Effective July 10, 1996.)
749.21.
## 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 18.7. Juvenile Crime Enforcement and Accountability Challenge Grant Program [749.2 - 749.27] ( Article 18.7 added by Stats. 1996, Ch. 133, Sec. 3. )
Verify source ↗

The grant program must be run by the Board of Corrections and award grants competitively to qualifying counties.

## 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 18.7. Juvenile Crime Enforcement and Accountability Challenge Grant Program [749.2 - 749.27] ( Article 18.7 added by Stats. 1996, Ch. 133, Sec. 3. ) ## 749.21. The Juvenile Crime Enforcement and Accountability Challenge Grant Program shall be administered by the Board of Corrections for the purpose of reducing juvenile crime and delinquency. This program shall award grants on a competitive basis following request-for-proposal evaluation standards and guidelines developed by the Board of Corrections, as authorized by this article, to counties that (a) develop and implement a comprehensive, multiagency local action plan that provides for a continuum of responses to juvenile crime and delinquency, including collaborative ways to address local problems of juvenile crime; and (b) demonstrate a collaborative and integrated approach for implementing a system of swift, certain, graduated responses, and appropriate sanctions for at-risk youth and juvenile offenders. (Amended by Stats. 1998, Ch. 325, Sec. 1. Effective August 21, 1998.)
749.22.
## 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 18.7. Juvenile Crime Enforcement and Accountability Challenge Grant Program [749.2 - 749.27] ( Article 18.7 added by Stats. 1996, Ch. 133, Sec. 3. )
Verify source ↗

Counties must establish a multiagency juvenile justice coordinating council to qualify for the grant, and the councils must develop a county-based juvenile crime response plan.

## 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 18.7. Juvenile Crime Enforcement and Accountability Challenge Grant Program [749.2 - 749.27] ( Article 18.7 added by Stats. 1996, Ch. 133, Sec. 3. ) ## 749.22. To be eligible for this grant, each county shall be required to establish a multiagency juvenile justice coordinating council that shall develop and implement a continuum of county-based responses to juvenile crime. The coordinating councils shall, at a minimum, include the chief probation officer, as chair, and one representative each from the district attorney’s office, the public defender’s office, the sheriff’s department, the board of supervisors, the department of social services, the department of mental health, a community-based drug and alcohol program, a city police department, the county office of education or a school district, and an at-large community representative. In order to carry out its duties pursuant to this section, a coordinating council shall also include representatives from nonprofit community-based organizations providing services to minors. The board of supervisors shall be informed of community-based organizations participating on a coordinating council. The coordinating councils shall develop a comprehensive, multiagency plan that identifies the resources and strategies for providing an effective continuum of responses for the prevention, intervention, supervision, treatment, and incarceration of male and female juvenile offenders, including strategies to develop and implement locally based or regionally based out-of-home placement options for youths who are persons described in Section 602. Counties may utilize community punishment plans developed pursuant to grants awarded from funds included in the 1995 Budget Act to the extent the plans address juvenile crime and the juvenile justice system or local action plans previously developed for this program. The plan shall include, but not be limited to, the following components: (a) An assessment of existing law enforcement, probation, education, mental health, health, social services, drug and alcohol and youth services resources which specifically target at-risk juveniles, juvenile offenders, and their families. (b) An identification and prioritization of the neighborhoods, schools, and other areas in the community that face a significant public safety risk from juvenile crime, such as gang activity, daylight burglary, late-night robbery, vandalism, truancy, controlled substance sales, firearm-related violence, and juvenile alcohol use within the council’s jurisdiction. (c) A local action plan (LAP) for improving and marshaling the resources set forth in subdivision (a) to reduce the incidence of juvenile crime and delinquency in the areas targeted pursuant to subdivision (b) and the greater community. The councils shall prepare their plans to maximize the provision of collaborative and integrated services of all the resources set forth in subdivision (a), and shall provide specified strategies for all elements of response, including prevention, intervention, suppression, and incapacitation, to provide a continuum for addressing the identified male and female juvenile crime problem, and strategies to develop and implement locally based or regionally based out-of-home placement options for youths who are persons described in Section 602. (d) Develop information and intelligence-sharing systems to ensure that county actions are fully coordinated, and to provide data for measuring the success of the grantee in achieving its goals. The plan shall develop goals related to the outcome measures that shall be used to determine the effectiveness of the program. (e) Identify outcome measures which shall include, but not be limited to, the following: (1) The rate of juvenile arrests. (2) The rate of successful completion of probation. (3) The rate of successful completion of restitution and court-ordered community service responsibilities. (Amended by Stats. 1998, Ch. 500, Sec. 6. Effective September 15, 1998.)
749.23.
## 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 18.7. Juvenile Crime Enforcement and Accountability Challenge Grant Program [749.2 - 749.27] ( Article 18.7 added by Stats. 1996, Ch. 133, Sec. 3. )
Verify source ↗

The Board of Corrections must award three-year grants, and applicants must provide at least 25% matching resources.

## 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 18.7. Juvenile Crime Enforcement and Accountability Challenge Grant Program [749.2 - 749.27] ( Article 18.7 added by Stats. 1996, Ch. 133, Sec. 3. ) ## 749.23. The Board of Corrections shall award grants that provide funding for three years. Funding shall be used to supplement, rather than supplant, existing programs and grants may be awarded to any county including those counties currently receiving funds pursuant to this article. Grant funds shall be used for programs that are identified in the local action plan as part of a continuum of responses to reduce juvenile crime and delinquency. No grant shall be awarded unless the applicant makes available resources in an amount equal to at least 25 percent of the amount of the grant. Resources may include in-kind contributions from participating agencies. In awarding grants, priority shall be given to those proposals which include additional funding that exceeds 25 percent of the amount of the grant. In awarding grants, priority shall also be given to programs in counties where the population exceeds 500,000 and the rate of violent crime exceeds the state average. (Amended by Stats. 1998, Ch. 325, Sec. 3. Effective August 21, 1998.)
749.24.
## 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 18.7. Juvenile Crime Enforcement and Accountability Challenge Grant Program [749.2 - 749.27] ( Article 18.7 added by Stats. 1996, Ch. 133, Sec. 3. )
Verify source ↗

The Board of Corrections must set minimum standards, funding schedules, and grant-award procedures for this 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 18.7. Juvenile Crime Enforcement and Accountability Challenge Grant Program [749.2 - 749.27] ( Article 18.7 added by Stats. 1996, Ch. 133, Sec. 3. ) ## 749.24. The Board of Corrections shall establish minimum standards, funding schedules, and procedures for awarding grants, which shall take into consideration, but not be limited to, all of the following: (a) Size of the eligible high-risk youth population. (b) Demonstrated ability to administer the program. (c) Demonstrated ability to provide and develop a continuum of responses to juvenile crime and delinquency that includes prevention, intervention, diversion, suppression, and incapacitation. (d) Demonstrated ability to implement a plan that provides a collaborative and integrated approach to juvenile crime and delinquency. (e) Demonstrated history of maximizing federal, state, local, and private funding sources. (f) Demonstrated efforts to implement a multicounty juvenile justice program. (g) Likelihood that the program will continue to operate after state grant funding ends. (Added by Stats. 1996, Ch. 133, Sec. 3. Effective July 10, 1996.)
749.25.
## 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 18.7. Juvenile Crime Enforcement and Accountability Challenge Grant Program [749.2 - 749.27] ( Article 18.7 added by Stats. 1996, Ch. 133, Sec. 3. )
Verify source ↗

The Board of Corrections may award competitive grants to counties, up to $2,000,000 statewide and no more than $150,000 per grant, to help establish a multiagency coordinating group or develop a local action plan.

## 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 18.7. Juvenile Crime Enforcement and Accountability Challenge Grant Program [749.2 - 749.27] ( Article 18.7 added by Stats. 1996, Ch. 133, Sec. 3. ) ## 749.25. The Board of Corrections may award up to a total of two million dollars ($2,000,000) statewide, in individual grants not exceeding one hundred and fifty thousand dollars ($150,000), on a competitive basis to counties to assist in establishing a multiagency coordinating group or developing a local action plan. (Added by Stats. 1996, Ch. 133, Sec. 3. Effective July 10, 1996.)
749.26.
## 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 18.7. Juvenile Crime Enforcement and Accountability Challenge Grant Program [749.2 - 749.27] ( Article 18.7 added by Stats. 1996, Ch. 133, Sec. 3. )
Verify source ↗

The Board of Corrections must create an evaluation design for the grant program and submit interim and final reports to the Legislature by different deadlines depending on when grants were awarded.

## 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 18.7. Juvenile Crime Enforcement and Accountability Challenge Grant Program [749.2 - 749.27] ( Article 18.7 added by Stats. 1996, Ch. 133, Sec. 3. ) ## 749.26. The Board of Corrections shall create an evaluation design for the Juvenile Crime Enforcement and Accountability Challenge Grant Program that will assess the effectiveness of the program. For grants awarded before July 1, 1998, the board shall develop an interim report to be submitted to the Legislature on or before March 1, 1999, and a final analysis of the grant program in a report to be submitted to the Legislature on or before March 1, 2001. For grants awarded after July 1, 1998, the board shall develop an interim report to be submitted to the Legislature on or before March 1, 2001, and a final analysis of the grant program in a report to be submitted to the Legislature on or before March 1, 2003. (Amended by Stats. 1998, Ch. 325, Sec. 4. Effective August 21, 1998.)
749.27.
## 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 18.7. Juvenile Crime Enforcement and Accountability Challenge Grant Program [749.2 - 749.27] ( Article 18.7 added by Stats. 1996, Ch. 133, Sec. 3. )
Verify source ↗

For grant awards made before July 1, 1998, funding comes from a specified 1996 appropriation, and up to 5% of that appropriation may be transferred with the Director of Finance’s approval for program administration costs.

## 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 18.7. Juvenile Crime Enforcement and Accountability Challenge Grant Program [749.2 - 749.27] ( Article 18.7 added by Stats. 1996, Ch. 133, Sec. 3. ) ## 749.27. Funding for the Juvenile Crime Enforcement and Accountability Challenge Grant Program for grant awards made before July 1, 1998, shall be provided from the amount appropriated in Item 5430-101-0001 of the Budget Act of 1996. Up to 5 percent of the amount appropriated in Item 5430-101-0001 of the Budget Act of 1996 shall be transferred upon the approval of the Director of Finance, to Item 5430-001-0001 for expenditure as necessary for the board to administer this program, including technical assistance to counties and the development of an evaluation component. (Amended by Stats. 1998, Ch. 325, Sec. 5. Effective August 21, 1998.)
749.3.
## 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 18.8. County Juvenile Correctional Facilities Act [749.3 - 749.33] ( Article 18.8 added by Stats. 1998, Ch. 499, Sec. 1. )
Verify source ↗

This title may be cited as the County Juvenile Correctional Facilities Act.

## 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 18.8. County Juvenile Correctional Facilities Act [749.3 - 749.33] ( Article 18.8 added by Stats. 1998, Ch. 499, Sec. 1. ) ## 749.3. This title shall be known and may be cited as the County Juvenile Correctional Facilities Act. (Added by Stats. 1998, Ch. 499, Sec. 1. Effective September 15, 1998.)
749.31.
## 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 18.8. County Juvenile Correctional Facilities Act [749.3 - 749.33] ( Article 18.8 added by Stats. 1998, Ch. 499, Sec. 1. )
Verify source ↗

The Legislature states that many county juvenile facilities are overcrowded, outdated, and in need of renovation or replacement.

## 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 18.8. County Juvenile Correctional Facilities Act [749.3 - 749.33] ( Article 18.8 added by Stats. 1998, Ch. 499, Sec. 1. ) ## 749.31. The Legislature finds and declares all of the following: (a) While the County Correctional Capital Expenditure Bond Act of 1986 and the County Correctional Facility Capital Expenditure and Youth Facility Bond Act of 1988 have provided ninety million dollars ($90,000,000) for county juvenile facilities for remodeling to help ensure health and safety requirements, many problems remain. (b) Numerous county juvenile facilities throughout California are dilapidated and overcrowded and do not meet standards. Over 40 percent or 4,335 facility beds are in need of renovation, reconstruction, construction, and deferred maintenance. (c) Capital improvements are necessary to protect the life and safety of the persons confined or employed in juvenile facilities and to upgrade the health and sanitary conditions of those facilities. (d) Over two hundred twenty million dollars ($220,000,000) is needed to remodel, upgrade, or replace 4,335 beds by the year 2000. (e) Due to fiscal constraints associated with the loss of local property tax revenues, counties are unable to finance the construction of adequate juvenile facilities. (f) Local juvenile facilities are operating over capacity or must implement emergency release procedures, and the population of these facilities is still increasing. It is essential to the public safety that construction proceed as expeditiously as possible to relieve overcrowding and to maintain public safety and security. (g) County juvenile facilities are threatened with closure or the imposition of court ordered sanctions if health and safety deficiencies are not corrected immediately. (Added by Stats. 1998, Ch. 499, Sec. 1. Effective September 15, 1998.)
749.32.
## 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 18.8. County Juvenile Correctional Facilities Act [749.3 - 749.33] ( Article 18.8 added by Stats. 1998, Ch. 499, Sec. 1. )
Verify source ↗

This section defines “county juvenile facilities” and “board” 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 18.8. County Juvenile Correctional Facilities Act [749.3 - 749.33] ( Article 18.8 added by Stats. 1998, Ch. 499, Sec. 1. ) ## 749.32. As used in this article, the following terms have the following meanings: (a) “County juvenile facilities” means county juvenile halls or camps. (b) “Board” means the Board of Corrections. (Added by Stats. 1998, Ch. 499, Sec. 1. Effective September 15, 1998.)
749.33.
## 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 18.8. County Juvenile Correctional Facilities Act [749.3 - 749.33] ( Article 18.8 added by Stats. 1998, Ch. 499, Sec. 1. )
Verify source ↗

This section lets the board use appropriated money for county juvenile facility grants and limited administration, and sets application, matching-funds, and review requirements.

## 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 18.8. County Juvenile Correctional Facilities Act [749.3 - 749.33] ( Article 18.8 added by Stats. 1998, Ch. 499, Sec. 1. ) ## 749.33. (a) Upon appropriation by the Legislature, moneys may be available to the board for the purpose of awarding grants on a competitive basis to counties for the renovation, reconstruction, construction, completion of construction, and replacement of county juvenile facilities, and the performance of deferred maintenance on county juvenile facilities. However, deferred maintenance for facilities shall only include items with a useful life of at least 10 years. Up to 11/2 percent of these moneys may be used by the board for administration of this article. (b) No grant shall be awarded pursuant to this article unless the applicant makes available resources in an amount equal to at least 25 percent of the amount of the grant. Resources may include in-kind contributions from participating agencies, but in no event shall the applicant’s cash contribution be less than 10 percent of the grant. (c) An application for funds shall be in the manner and form prescribed by the board and pursuant to recommendations of an allocation advisory committee appointed by the board. From these recommendations, an allocation plan shall be developed and adopted by the board. The allocation advisory committee shall convene upon notification by the board. (d) Any application for funds shall include, but not be limited to, all of the following: (1) Documentation of need for the project or projects. (2) Adoption of a formal county plan to finance construction of the proposed project or projects. (3) Submittal of a preliminary staffing plan for the project or projects. (4) Submittal of architectural drawings, which shall be approved by the board for compliance with minimum juvenile detention facility standards and which shall also be approved by the State Fire Marshal for compliance with fire and life safety requirements. (5) Documentation that the facilities will be safely staffed and operated in compliance with law, including applicable regulations of the board. (e) The board shall not be deemed a responsible agency, as defined in Section 21069 of the Public Resources Code, or otherwise be subject to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) for any activities undertaken or funded pursuant to this title. This subdivision does not exempt any local agency from the requirements of the California Environmental Quality Act. (Added by Stats. 1998, Ch. 499, Sec. 1. Effective September 15, 1998.)
749.5.
## 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 18.9. Juvenile Justice Community Reentry Challenge Grant Program [749.5 - 749.95] ( Article 18.9 added by Stats. 2006, Ch. 69, Sec. 35. )
Verify source ↗

This section names the article the Juvenile Justice Community Reentry Challenge Grant Program and says it may be cited by that name.

## 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 18.9. Juvenile Justice Community Reentry Challenge Grant Program [749.5 - 749.95] ( Article 18.9 added by Stats. 2006, Ch. 69, Sec. 35. ) ## 749.5. This article shall be known and may be cited as the Juvenile Justice Community Reentry Challenge Grant Program. (Added by Stats. 2006, Ch. 69, Sec. 35. Effective July 12, 2006.)
749.6.
## 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 18.9. Juvenile Justice Community Reentry Challenge Grant Program [749.5 - 749.95] ( Article 18.9 added by Stats. 2006, Ch. 69, Sec. 35. )
Verify source ↗

The Legislature states its intent to support a rehabilitative juvenile justice model and local reentry services for juvenile parolees.

## 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 18.9. Juvenile Justice Community Reentry Challenge Grant Program [749.5 - 749.95] ( Article 18.9 added by Stats. 2006, Ch. 69, Sec. 35. ) ## 749.6. It is the intent of the Legislature to support the systematic and cultural transformation of the Division of Juvenile Justice into a rehabilitative model that improves youthful offender outcomes and reduces recidivism. As a key component of meeting these goals, it is further the intent of the Legislature to support the development of local infrastructure that provides comprehensive reentry services for juvenile parolees. These services shall be complementary to, and consistent with, the long-term objective of providing a continuum of state and local responses to juvenile delinquency that enhance public safety and improve offender outcomes. (Added by Stats. 2006, Ch. 69, Sec. 35. Effective July 12, 2006.)
749.7.
## 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 18.9. Juvenile Justice Community Reentry Challenge Grant Program [749.5 - 749.95] ( Article 18.9 added by Stats. 2006, Ch. 69, Sec. 35. )
Verify source ↗

The grant program is administered by the Division of Juvenile Justice, which consults the Corrections Standards Authority, awards competitive grants, and requires applicants to submit a program plan to be 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 18.9. Juvenile Justice Community Reentry Challenge Grant Program [749.5 - 749.95] ( Article 18.9 added by Stats. 2006, Ch. 69, Sec. 35. ) ## 749.7. (a) The Juvenile Justice Community Reentry Challenge Grant Program shall be administered by the Division of Juvenile Justice, in consultation with the Corrections Standards Authority, for the purpose of improving the performance and cost-effectiveness of postcustodial reentry supervision of juvenile parolees, reducing the recidivism rates of juvenile offenders, and piloting innovative reentry programs consistent with the division’s focus on a rehabilitative treatment model. (b) This program shall award grants on a competitive basis to applicants that demonstrate a collaborative and comprehensive approach to the successful community reintegration of juvenile parolees, through the provision of wrap-around services that may include, but are not limited to, the following: (1) Transitional or step-down housing, including, but not limited to, group homes subject to Section 18987.62. (2) Occupational development and job placement. (3) Outpatient mental health services. (4) Substance abuse treatment services. (5) Education. (6) Life skills counseling. (7) Restitution and community service. (8) Case management. (9) Intermediate sanctions for technical violations of conditions of parole. (c) To be eligible for consideration, applicants shall submit a program plan that includes, but is not limited to, the following: (1) The target population. (2) The type of housing and wrap-around services provided. (3) A parole and community reentry plan for each parolee. (4) Potential sanctions for a parolee’s failure to observe the conditions of the program. (5) Coordination with local probation and other law enforcement agencies. (6) Coordination with other service providers and community partners. (Added by Stats. 2006, Ch. 69, Sec. 35. Effective July 12, 2006.)
749.8.
## 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 18.9. Juvenile Justice Community Reentry Challenge Grant Program [749.5 - 749.95] ( Article 18.9 added by Stats. 2006, Ch. 69, Sec. 35. )
Verify source ↗

The Division of Juvenile Justice must award competitive three-year grants to counties and nonprofit organizations, reserve at least 75% for services to parolees, and work with local juvenile justice actors on supervision planning.

## 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 18.9. Juvenile Justice Community Reentry Challenge Grant Program [749.5 - 749.95] ( Article 18.9 added by Stats. 2006, Ch. 69, Sec. 35. ) ## 749.8. (a) The Division of Juvenile Justice, in consultation with the Corrections Standards Authority, shall award grants that provide funding for three years on a competitive basis to counties and nonprofit organizations. (b) A minimum of 75 percent of the grant award shall be for providing program services to individuals on parole from the Division of Juvenile Justice. The remainder of the grant award may additionally be used for providing program services to youthful offenders under the jurisdiction of the county or local juvenile court who are transitioning from out-of-home placements back into the community. (c) The division shall award grants in a manner that maximizes the development of meaningful and innovative local programs to provide comprehensive reentry services for juvenile parolees. (d) For any grant award, the division shall work with the juvenile court and the probation department of the county or counties in the grant service area to identify state and local case supervision responsibilities that are appropriate for the effective operation and management of the reentry programs supported by the grant. These responsibilities shall be incorporated into a case supervision plan for the grant that shall describe the role of local courts and probation departments in facilitating individual reentry plans, in assigning or removing parolees from grant-funded programs, and in meeting evaluation criteria for the grant. (Added by Stats. 2006, Ch. 69, Sec. 35. Effective July 12, 2006.)
749.9.
## 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 18.9. Juvenile Justice Community Reentry Challenge Grant Program [749.5 - 749.95] ( Article 18.9 added by Stats. 2006, Ch. 69, Sec. 35. )
Verify source ↗

The Division of Juvenile Justice must set minimum standards, funding schedules, and grant-award procedures, after consulting specified juvenile justice officials and experts.

## 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 18.9. Juvenile Justice Community Reentry Challenge Grant Program [749.5 - 749.95] ( Article 18.9 added by Stats. 2006, Ch. 69, Sec. 35. ) ## 749.9. The Division of Juvenile Justice, in consultation with the Corrections Standards Authority, the Chief Probation Officers of California, and experts in the field of California juvenile justice programs, shall establish minimum standards, funding schedules, and procedures for awarding grants, which shall take into consideration, but not be limited to, all of the following: (a) The size of the eligible population. (b) A demonstrated ability to administer the program. (c) A demonstrated ability to develop and provide a collaborative approach to improving parolee success rates that includes the participation of nonprofit and community partners. (d) A demonstrated ability to provide comprehensive services to support improved parolee outcomes, including housing, training, and treatment. (e) A demonstrated ability to provide effective oversight and management of youthful offenders or young adults who have been committed to a detention facility, and parolees that require reentry supervision and control. (f) A demonstrated history of maximizing federal, state, local, and private funding sources. (Added by Stats. 2006, Ch. 69, Sec. 35. Effective July 12, 2006.)
749.95.
## 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 18.9. Juvenile Justice Community Reentry Challenge Grant Program [749.5 - 749.95] ( Article 18.9 added by Stats. 2006, Ch. 69, Sec. 35. )
Verify source ↗

Grant recipients must track specified outcome measures. The Division of Juvenile Justice must create an evaluation design and submit interim and final reports to the Legislature by the stated deadlines.

## 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 18.9. Juvenile Justice Community Reentry Challenge Grant Program [749.5 - 749.95] ( Article 18.9 added by Stats. 2006, Ch. 69, Sec. 35. ) ## 749.95. (a) Each grant recipient shall be required to establish and track outcome measures, including, but not limited to: (1) Annual recidivism rates, including technical parole violations and new offenses. (2) The number and percent of participants successfully completing parole. (3) The number and percent of participants engaged in part-time or full-time employment, enrolled in higher education or vocational training, receiving drug and substance abuse treatment, or receiving mental health treatment. (4) The number and percent of participants that obtain stable housing, including the type of housing. (b) The Division of Juvenile Justice, in consultation with the Corrections Standards Authority, the Chief Probation Officers of California, and experts in the field of California juvenile justice programs, shall create an evaluation design for the Juvenile Justice Community Reentry Challenge Grant Program that will assess the effectiveness of the program. The division shall develop an interim report to be submitted to the Legislature on or before March 1, 2009, and a final analysis of the grant program in a report to be submitted to the Legislature on or before March 1, 2011. (Added by Stats. 2006, Ch. 69, Sec. 35. Effective July 12, 2006.)
750.
## 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 19. Wards—Transfer of Cases Between Counties [750 - 755] ( Heading of Article 19 renumbered from Article 10 by Stats. 1976, Ch. 1068. )
Verify source ↗

A juvenile case may be transferred to the county where the person then resides, and that court must take jurisdiction once the required finding and transfer order are 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 19. Wards—Transfer of Cases Between Counties [750 - 755] ( Heading of Article 19 renumbered from Article 10 by Stats. 1976, Ch. 1068. ) ## 750. Whenever a petition is filed in the juvenile court of a county other than the residence of the person named in the petition, or whenever, subsequent to the filing of a petition in the juvenile court of the county where such minor resides, the residence of the person who would be legally entitled to the custody of such minor were it not for the existence of a court order issued pursuant to this chapter is changed to another county, the entire case may be transferred to the juvenile court of the county wherein such person then resides at any time after the court has made a finding of the facts upon which it has exercised its jurisdiction over such minor, and the juvenile court of the county wherein such person then resides shall take jurisdiction of the case upon the receipt and filing with it of such finding of the facts and an order transferring the case. (Amended by Stats. 1971, Ch. 606.)
7500.
## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 3. State Hospitals for the Developmentally Disabled [7500 - 7518] ( Heading of Chapter 3 renumbered from Chapter 4 by Stats. 1979, Ch. 373. )
Verify source ↗

The state establishes Porterville Developmental Center in Tulare County as a state hospital for the care and treatment of persons with developmental disabilities.

## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 3. State Hospitals for the Developmentally Disabled [7500 - 7518] ( Heading of Chapter 3 renumbered from Chapter 4 by Stats. 1979, Ch. 373. ) ## 7500. There is established in the state, Porterville Developmental Center, in Tulare County, a state hospital for the care and treatment of persons with developmental disabilities. (Repealed and added by Stats. 2021, Ch. 76, Sec. 58. (AB 136) Effective July 16, 2021.)
7501.
## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 3. State Hospitals for the Developmentally Disabled [7500 - 7518] ( Heading of Chapter 3 renumbered from Chapter 4 by Stats. 1979, Ch. 373. )
Verify source ↗

The Department of General Services may sell or lease specified Camarillo State Hospital property, and Ventura County must sublet it to a nonprofit for a children’s crisis care center.

## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 3. State Hospitals for the Developmentally Disabled [7500 - 7518] ( Heading of Chapter 3 renumbered from Chapter 4 by Stats. 1979, Ch. 373. ) ## 7501. (a) The Department of General Services, in cooperation with the State Department of Developmental Services and the State Department of State Hospitals, may sell or lease property within the boundaries of Camarillo State Hospital described in subdivision (b) to Ventura County which shall sublet the property to a nonprofit organization for the purpose of constructing and operating a children’s crisis care center to provide an alternative to emergency shelter home placement. The facility shall provide for an interagency program for the delivery of medical, educational, and mental health screening, crisis intervention, short-term mental health treatment, and case management services for children who are removed from their families due to abuse, neglect, abandonment, sexual molestation, or who are in acute mental health crisis requiring short-term nonhospital care and supervision described in subdivision (c). (b) (1) The property is a 22.8 acre portion of Rancho Guadalasca, in the County of Ventura, State of California, as described in the Letters of Patent dated September 1, 1873, recorded in Book 1, Page 153 of Patents, in the office of the County Recorder of the county and described as follows: Beginning at the northwesterly terminus of the Fourth Course of that parcel described in the deed recorded on June 9, 1932, in Book 358, Page 371 of Official Records, in said Recorder’s Office; thence, along said Fourth Course, 1st — South 47°23'33″ East 1150.00 feet to the northeasterly terminus of the 38th Course of Parcel 1 described in the deed recorded on April 17, 1973, in Book 4101, Page 237 of said Official Records; thence, along said 38th Course, 2nd — South 42°37'00″ West 1026.00 feet; thence, parallel with the First Course herein, 3rd — North 47°23'33″ West 800.00 feet; thence, parallel with the Second Course herein, 4th — North 42°37'00″ East 666.00 feet; thence, parallel with the First Course herein, 5th — North 47°23'33″ West 350.00 feet to the intersection with the Third Course of said parcel described in the deed recorded in Book 358, Page 371 of said Official Records; thence, along said Third Course, 6th — North 42°37'00″ East 360.00 feet to the point of beginning. (2) Notwithstanding any other provision of this section, if the parcel described in this subdivision is purchased or leased from the state, 50 percent of the proceeds shall accrue to the State Department of State Hospitals and 50 percent to the Department of Developmental Services. (3) The Department of General Services may enter into a sale or lease at less than fair market value. The department is authorized to lease the parcel for not less than 40, but not more than 99 years. (c) Any of the following children are eligible for placement in the children’s crisis care center: (1) Any child who has been placed in protective custody and legally detained under Section 300 as a victim of abuse, neglect, or abandonment. The child shall be one day through 17 years of age. An infant born suffering from the result of perinatal substance abuse, or an infant who requires shelter care because of physical abuse resulting in a cast on the arm or leg shall also be eligible. (2) Any dependent minor of the juvenile court whose placement has been disrupted, and who is in need of temporary placement, as well as crisis intervention and assessment services. (3) Any voluntarily placed emotionally disturbed child in crisis as determined appropriate by the mental health case manager. The purpose of this placement is to deescalate the crisis, provide assessment and diagnostic services for a recommendation of appropriate treatment and ongoing placement, and to reduce the utilization of private or state psychiatric hospitalization. (4) Any eligible child who is a resident of any county in California, subject to the availability of space. (Amended by Stats. 2012, Ch. 440, Sec. 72. (AB 1488) Effective September 22, 2012.)
7501.5.
## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 3. State Hospitals for the Developmentally Disabled [7500 - 7518] ( Heading of Chapter 3 renumbered from Chapter 4 by Stats. 1979, Ch. 373. )
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The Department of General Services may lease the specified Camarillo State Hospital property to Ventura County, and Ventura County may sublet it for housing or residential care services, 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 3. State Hospitals for the Developmentally Disabled [7500 - 7518] ( Heading of Chapter 3 renumbered from Chapter 4 by Stats. 1979, Ch. 373. ) ## 7501.5. (a) The Department of General Services, in cooperation with the State Department of Developmental Services and the State Department of State Hospitals, may lease property within the boundaries of Camarillo State Hospital described in subdivision (c) to Ventura County, which may sublet the property to one or more responsible organizations selected by Ventura County for the purposes of constructing housing or operating residential care services, or both, designed to meet the identified treatment and rehabilitation needs of persons with mental health disorders from Ventura County. The lease between the state and Ventura County shall contain a provision that requires that the lease shall terminate and that full title, possession, and control of the property shall return to the state if permits have not been issued for construction of the housing prior to January 1, 1995. The sublease between Ventura County and the responsible bidder shall contain a provision that requires that permits for construction of the housing be issued prior to January 1, 1995, and shall contain a provision that requires that the sublease shall terminate and full title, possession, and control of the property shall return to the state if permits have not been issued for construction of the housing prior to January 1, 1995. (b) In selecting a service provider pursuant to subdivision (a), Ventura County shall only consider a sublease with organizations that comply with subdivision (b) of Section 5705 and Section 523 of Title 9 of the California Code of Regulations. (c) (1) The property consists of a 15 plus acre portion of a 58.5 acre parcel at Camarillo State Hospital that has previously been declared surplus by the State Department of Developmental Services. The acreage is on Lewis Road at the entrance to Camarillo State Hospital. Specific metes and bounds shall be established for the 15 plus acre parcel prior to the actual lease of the property. (2) The Department of General Services may enter into a lease at less than fair market value. The department is authorized to lease the parcel for not less than 40 and not more than 99 years. (d) If there is available space, persons who have mental health disorders from Los Angeles, San Luis Obispo, and Santa Barbara Counties may be eligible for placement at this center if an agreement to that effect is entered into between those counties and Ventura County. The agreement shall specify that Los Angeles, San Luis Obispo, and Santa Barbara Counties shall retain responsibility for monitoring and maintenance of persons with mental health disorders who are placed through those agreements and for payment of costs incurred or services rendered by Ventura County. (Amended by Stats. 2014, Ch. 144, Sec. 133. (AB 1847) Effective January 1, 2015.)
7502.
## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 3. State Hospitals for the Developmentally Disabled [7500 - 7518] ( Heading of Chapter 3 renumbered from Chapter 4 by Stats. 1979, Ch. 373. )
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The state institution is named Porterville State Hospital and is to be used for epileptics who are developmentally disabled and other developmentally disabled patients.

## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 3. State Hospitals for the Developmentally Disabled [7500 - 7518] ( Heading of Chapter 3 renumbered from Chapter 4 by Stats. 1979, Ch. 373. ) ## 7502. The state institution, the site for which was provided for by an appropriation made by Chapter 28 of the 55th (Fourth Extraordinary Session) Session of the Legislature, shall be known as Porterville State Hospital and shall be used for epileptics who are developmentally disabled and for other developmentally disabled patients. (Amended by Stats. 1977, Ch. 1252.)
7502.5.
## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 3. State Hospitals for the Developmentally Disabled [7500 - 7518] ( Heading of Chapter 3 renumbered from Chapter 4 by Stats. 1979, Ch. 373. )
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This section sets conditions for admitting individuals to Porterville Developmental Center programs, requires transition planning and reporting, and directs the department to adopt emergency regulations.

## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 3. State Hospitals for the Developmentally Disabled [7500 - 7518] ( Heading of Chapter 3 renumbered from Chapter 4 by Stats. 1979, Ch. 373. ) ## 7502.5. (a) An individual may be admitted to the secure treatment facility at Porterville Developmental Center, as provided in paragraphs (1) and (3) of subdivision (a) of Section 7505, only when all of the following conditions are satisfied: (1) The unit to which the individual will be admitted is approved for occupancy and licensed. (2) Until June 30, 2023, the population of the secure treatment facility is no more than 231 persons. On and after July 1, 2023, the population of the secure treatment facility is no more than 211 persons. (3) The individual is at least 18 years of age. (4) The regional center notifies the regional resource development project identified in Section 4418.7, the regional center clients’ rights advocate, the individual, or the individual’s legal guardian or conservator, as appropriate, of a potential admission pursuant to paragraphs (1) and (3) of subdivision (a) of Section 7505. (5) The regional resource development project completes an assessment of the individual’s services and supports needs, including by visiting the consumer, if appropriate. The assessment shall include consideration of placement options and other necessary services and supports, if any, that could meet the individual’s needs in the community. (b) An individual may be admitted to the transitional treatment program at Porterville Developmental Center when all of the following conditions are satisfied: (1) The individual was admitted to Porterville Developmental Center pursuant to paragraphs (1) and (3) of subdivision (a) of Section 7505. (2) The individual remains eligible for commitment pursuant to paragraph (3) of subdivision (a) of Section 7505. (3) The unit to which the individual will be admitted is approved for occupancy and licensed. (4) The population of the transitional treatment program is no more than 60 persons. (c) As soon as possible, but no later than 30 days following admission to the transitional treatment program, the regional center, in coordination with the developmental center, shall do both of the following: (1) Complete a comprehensive assessment that shall include the identification of services and supports needed to transition the individual to the community. (2) Jointly convene an individual program plan meeting to discuss the comprehensive assessment and develop a plan to transition the individual to the community pursuant to Section 4418.3. 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 transition shall be to a community living arrangement that is in the least restrictive environment appropriate to the needs of the individual and most protective of the individual’s rights to dignity, freedom, and choice, as described in subdivision (a) of Section 4648. 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. (d) An individual described in this section shall not be placed in the transitional treatment program for longer than necessary to procure a less restrictive placement. Each year, pursuant to Section 4418.25, an individual in the transitional treatment program at Porterville Developmental Center shall receive an updated comprehensive assessment that shall include all of the following: (1) The reason or reasons for placement in the program for longer than one year. (2) A description of the issue or issues preventing community placement. (3) The estimated timeframe for placement in the community and the plan for that placement. (e) Before March 1 of each year, the department shall provide the following information to the appropriate policy and fiscal committees of the Legislature: (1) For each regional center, the number of transitional program residents who are placed in the program for more than one year. (2) A description of reasons for placement in the program beyond one year. (3) The steps undertaken to resolve the issue or issues prohibiting community placement. (4) The additional steps necessary before community placement can be made. (f) (1) Prior to issuing a request for proposal for a contract to provide the intensive transitional services for individuals residing in the secure treatment program at Porterville Developmental Center, the department shall consult with the appropriate professionals to develop the parameters for the services to be provided in the contract. The department shall also consult with the protection and advocacy agency described in subdivision (i) of Section 4900 regarding appropriate safeguards for the protection of clients’ rights. The department shall ensure that the services are not punitive, are protective of the individual’s rights to dignity, freedom, and choice, and are tailored to the needs of the individual and developed through a person-centered planning process and whether the transition and placement are adequate for the protection and safety of others from the dangers posed by the individual’s known behaviors and for the welfare of the individual. The department shall further ensure that the regional center clients’ rights advocate receives notice of each individual program plan meeting in which the intensive transitional supports are discussed and a copy of any assessment regarding the individual’s intensive support needs, and shall ensure that if the individual disagrees with the proposed intensive transitional supports, the individual may request a fair hearing pursuant to Section 4710.5. (2) By December 31, 2018, the department shall promulgate emergency regulations in accordance with the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code) regarding the intensive transitional services for individuals residing in the secure treatment program at Porterville Developmental Center. The adoption of these regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health and safety, or general welfare. (Amended by Stats. 2020, Ch. 11, Sec. 31. (AB 79) Effective June 29, 2020.)
7502.6.
## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 3. State Hospitals for the Developmentally Disabled [7500 - 7518] ( Heading of Chapter 3 renumbered from Chapter 4 by Stats. 1979, Ch. 373. )
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A court may order commitment to a separate unit at Canyon Springs Community Facility during the stated period, and the facility is limited to 10 beds for that purpose.

## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 3. State Hospitals for the Developmentally Disabled [7500 - 7518] ( Heading of Chapter 3 renumbered from Chapter 4 by Stats. 1979, Ch. 373. ) ## 7502.6. (a) Notwithstanding any other law or regulation, commencing September 28, 2018, and until June 30, 2024, or the opening of completed and licensed complex needs homes identified in the safety net plan prepared pursuant to Section 4474.16 and approved for development in the Budget Act of 2023, whichever is earlier, a court may order the commitment of an individual to a separate and distinct unit of Canyon Springs Community Facility, as provided in paragraph (4) of subdivision (a) of Section 7505. No more than 10 beds at the facility shall be designated for this purpose. (b) Prior to admission to Canyon Springs Community Facility of an individual meeting the criteria of paragraph (4) of subdivision (a) of Section 7505, the regional center and regional resource development project shall follow the preadmission procedures, including notification and assessment procedures, specified in subdivisions (a) to (c), inclusive, of Section 4418.7. Upon admission, the postadmission procedures and timelines specified in subdivision (e) of Section 4418.7 shall apply. (Amended by Stats. 2023, Ch. 44, Sec. 29. (AB 121) Effective July 10, 2023.)
7503.
## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 3. State Hospitals for the Developmentally Disabled [7500 - 7518] ( Heading of Chapter 3 renumbered from Chapter 4 by Stats. 1979, Ch. 373. )
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Each hospital’s object is to provide care, treatment, habilitation, training, and education for committed persons.

## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 3. State Hospitals for the Developmentally Disabled [7500 - 7518] ( Heading of Chapter 3 renumbered from Chapter 4 by Stats. 1979, Ch. 373. ) ## 7503. The object of each hospital is such care, treatment, habilitation, training, and education of the persons committed thereto as will render them more comfortable and happy and better fitted to care for and support themselves. (Amended by Stats. 1971, Ch. 1040.)
7504.
## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 3. State Hospitals for the Developmentally Disabled [7500 - 7518] ( Heading of Chapter 3 renumbered from Chapter 4 by Stats. 1979, Ch. 373. )
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This section says that, unless this chapter says otherwise, the rules for state institutions in Chapter 2 apply to state hospitals for the developmentally disabled.

## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 3. State Hospitals for the Developmentally Disabled [7500 - 7518] ( Heading of Chapter 3 renumbered from Chapter 4 by Stats. 1979, Ch. 373. ) ## 7504. Except as otherwise provided in this chapter the provisions on state institutions in Chapter 2 (commencing with Section 4100) of Part 1 of Division 5 of this code shall apply to the state hospitals for the developmentally disabled. (Amended by Stats. 1977, Ch. 1252.)
7505.
## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 3. State Hospitals for the Developmentally Disabled [7500 - 7518] ( Heading of Chapter 3 renumbered from Chapter 4 by Stats. 1979, Ch. 373. )
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The department may not admit a person to a developmental center unless eligibility and specific category requirements are met. For certain Canyon Springs admissions, the regional center, department, and facility must complete assessments, notifications, transition planning, and monitoring within set limits and deadlines.

## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 3. State Hospitals for the Developmentally Disabled [7500 - 7518] ( Heading of Chapter 3 renumbered from Chapter 4 by Stats. 1979, Ch. 373. ) ## 7505. (a) Notwithstanding any other law, the State Department of Developmental Services shall not admit anyone to a developmental center unless the person has been determined eligible for services under Division 4.5 (commencing with Section 4500) and the person is any of the following: (1) An adult committed by a court to Porterville Developmental Center, secure treatment program, pursuant to Section 1370.1 of the Penal Code. (2) Committed by a court to an acute crisis home operated by the department pursuant to Article 2 (commencing with Section 6500) of Chapter 2 of Part 2 of Division 6 due to an acute crisis, as defined in paragraph (1) of subdivision (d) of Section 4418.7. (3) An adult committed by a court to Porterville Developmental Center, secure treatment program, pursuant to Article 2 (commencing with Section 6500) of Chapter 2 of Part 2 of Division 6 as a result of involvement with the criminal justice system, and the court has determined the person is mentally incompetent to stand trial. (4) A person committed by a court to Canyon Springs Community Facility pursuant to Article 2 (commencing with Section 6500) of Chapter 2 of Part 2 of Division 6 on or before June 30, 2024, or the opening of completed and licensed complex needs homes identified in the safety net plan prepared pursuant to Section 4474.16 and approved for development in the Budget Act of 2023, whichever is earlier, who otherwise meets the criteria for admission described in Section 4418.7 due to an acute crisis, as defined in paragraph (1) of subdivision (d) of Section 4418.7. (5) (A) A person committed by a court to the Canyon Springs Community Facility pursuant to Article 2 (commencing with Section 6500) of Chapter 2 of Part 2 of Division 6 on or before June 30, 2024, or the opening of completed and licensed complex needs homes identified in the safety net plan prepared pursuant to Section 4474.16 and approved for development in the Budget Act of 2023, whichever is earlier, who is currently admitted to either an acute psychiatric hospital or an acute crisis facility pursuant to Article 2 (commencing with Section 6500) of Chapter 2 of Part 2 of Division 6 due to an acute crisis, as defined in paragraph (1) of subdivision (d) of Section 4418.7, but who requires continued treatment to achieve stabilization and successful community transition. (B) Prior to admission pursuant to this paragraph, the regional center shall prepare an assessment for inclusion in the consumer’s file detailing all considered community-based services and supports, including, but not limited to, rate adjustments as provided by law, supplemental services as set forth in subparagraph (F) of paragraph (10) of subdivision (a) of Section 4648, emergency and crisis intervention services as set forth in paragraph (11) of subdivision (a) of Section 4648, community crisis home services pursuant to Article 8 (commencing with Section 4698) of Chapter 6 of Division 4.5, and an explanation of why those options could not meet the consumer’s needs. Prior to admission, the Director of Developmental Services or the director’s designee shall certify that there are no community-based options that can meet the consumer’s needs. (C) When a person is admitted to Canyon Springs Community Facility pursuant to this paragraph, the regional center shall notify the clients’ rights advocate, as described in Section 4433, of the admission. A comprehensive assessment shall be completed by the regional center in coordination with Canyon Springs Community Facility staff. The comprehensive assessment shall include the identification of the services and supports needed for stabilization and the timeline for identifying or developing the services and supports needed to transition the consumer back to a community setting. Immediately following the comprehensive assessment, and not later than 30 days following admission, the regional center and staff at the Canyon Springs Community Facility shall jointly convene an individual program plan meeting to determine the services and supports needed for crisis stabilization and to develop a plan to transition the consumer into community living pursuant to Section 4418.3. The clients’ rights advocate for the regional center shall be notified of the individual program plan meeting and may participate in the individual program plan meeting unless the consumer objects on their own behalf. (D) The population of consumers admitted pursuant to this paragraph shall not exceed five. An admission to Canyon Springs Community Facility pursuant to this paragraph shall not extend beyond June 30, 2024, or the opening of completed and licensed complex needs homes identified in the safety net plan prepared pursuant to Section 4474.16 and approved for development in the Budget Act of 2023, whichever is earlier. (E) For purposes of this paragraph, “acute psychiatric hospital” means a facility as defined in subdivision (b) of Section 1250 of the Health and Safety Code, including an institution for mental disease. (6) (A) A person exercising the right of return described in Section 4508 on or before June 30, 2021. (B) Prior to admission pursuant to this paragraph, the regional center shall prepare an assessment for inclusion in the consumer’s file detailing all considered community-based services and supports, including, but not limited to, rate adjustments as provided by law, supplemental services as set forth in subparagraph (F) of paragraph (10) of subdivision (a) of Section 4648, emergency and crisis intervention services as set forth in paragraph (11) of subdivision (a) of Section 4648, community crisis home services pursuant to Article 8 (commencing with Section 4698) of Chapter 6 of Division 4.5, and an explanation of why those options could not meet the consumer’s needs. Prior to admission, the Director of Developmental Services or the director’s designee shall certify that there are no community-based options that can meet the consumer’s needs. (C) When a person is admitted pursuant to this paragraph, the regional center shall notify the clients’ rights advocate, as described in Section 4433, of the admission. A comprehensive assessment shall be completed by the regional center in coordination with developmental center staff. The comprehensive assessment shall include the identification of the services and supports needed for stabilization and the timeline for identifying or developing the services and supports needed to transition the consumer back to a community setting. Immediately following the comprehensive assessment, and not later than 30 days following admission, the regional center and staff at the developmental center shall jointly convene an individual program plan meeting to determine the services and supports needed for crisis stabilization and to develop a plan to transition the consumer into community living pursuant to Section 4418.3. The clients’ rights advocate for the regional center shall be notified of the individual program plan meeting and may participate in the individual program plan meeting unless the consumer objects on their own behalf. (D) Notwithstanding Section 4508, the population of consumers admitted pursuant to this paragraph shall not exceed five. An admission pursuant to this paragraph shall not extend beyond June 30, 2023. (7) Committed by a court to Porterville Developmental Center, pursuant to Article 2 (commencing with Section 6500) of Chapter 2 of Part 2 of Division 6 due to an acute crisis, as described in Section 4418.7. The population of consumers admitted pursuant to this paragraph shall not exceed 10. An admission pursuant to this paragraph shall not extend beyond June 30, 2023, or upon the opening of the state-operated community acute crisis homes approved for development in the Budget Act of 2019. (8) (A) Committed by a court pursuant to Article 2 (commencing with Section 6500) of Chapter 2 of Part 2 of Division 6 to a completed and licensed complex needs home identified in the safety net plan prepared pursuant to Section 4474.16 and approved for development in the Budget Act of 2023. (B) When a person is admitted pursuant to this paragraph, the department and regional center shall comply with the requirements of Section 4418.8. (b) A person admitted to the Canyon Springs Community Facility pursuant to paragraphs (4) and (5) of subdivision (a) shall be subject to enhanced monitoring that includes the following: (1) Department clinical staff shall make monthly monitoring visits to observe the implementation of treatment plans. (2) The department shall conduct monthly calls with regional centers to update transition planning and identify available placement options. (3) The facility shall complete an initial transition plan within 60 days from admission. (4) The facility shall conduct a transition review meeting 45 days prior to transitioning an individual from the facility. (c) The State Department of Developmental Services shall not admit a person to a developmental center after July 1, 2012, as a result of a criminal conviction or when the person is competent to stand trial for the criminal offense and the admission is ordered in lieu of trial. (d) Commencing with the first quarterly update to legislative staff after July 1, 2021, in the information provided pursuant to Section 4474.17, the State Department of Developmental Services shall provide a written update regarding efforts to reduce the reliance on Canyon Springs Community Facility for admissions due to an acute crisis, as defined in paragraph (1) of subdivision (d) of Section 4418.7 and the development of additional community resources, including person-centered efforts. The update shall include data and descriptors of people admitted to Canyon Springs Community Facility in the previous year, including age and duration of stay to date, the status of transition planning meetings for those individuals, and their discharge status. For persons admitted to Canyon Springs Community Facility beginning July 1, 2022, the update shall include all alternative placement options examined for each person prior to admission. (Amended by Stats. 2023, Ch. 192, Sec. 12. (SB 138) Effective September 13, 2023.)
7506.
## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 3. State Hospitals for the Developmentally Disabled [7500 - 7518] ( Heading of Chapter 3 renumbered from Chapter 4 by Stats. 1979, Ch. 373. )
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Each hospital for the developmentally disabled must make care, treatment, and habilitation its primary purpose for patients who are suitable and duly admitted.

## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 3. State Hospitals for the Developmentally Disabled [7500 - 7518] ( Heading of Chapter 3 renumbered from Chapter 4 by Stats. 1979, Ch. 373. ) ## 7506. The primary purpose of each hospital for the developmentally disabled shall be the care, treatment and habilitation of those patients found suitable and duly admitted. (Amended by Stats. 1977, Ch. 1252.)
7507.
## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 3. State Hospitals for the Developmentally Disabled [7500 - 7518] ( Heading of Chapter 3 renumbered from Chapter 4 by Stats. 1979, Ch. 373. )
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Each developmental center must admit persons who are duly committed or transferred there, subject to Sections 6509 and 7505 and in accordance with law.

## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 3. State Hospitals for the Developmentally Disabled [7500 - 7518] ( Heading of Chapter 3 renumbered from Chapter 4 by Stats. 1979, Ch. 373. ) ## 7507. Subject to the provisions of Sections 6509 and 7505, each developmental center shall admit persons duly committed or transferred thereto in accordance with law. (Amended by Stats. 2012, Ch. 25, Sec. 33. (AB 1472) Effective June 27, 2012.)
7509.
## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 3. State Hospitals for the Developmentally Disabled [7500 - 7518] ( Heading of Chapter 3 renumbered from Chapter 4 by Stats. 1979, Ch. 373. )
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The two state departments must prescribe and publish instructions and forms about commitment and admission of patients, may add interrogatories if useful, and must provide the materials to applicants and county clerks.

## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 3. State Hospitals for the Developmentally Disabled [7500 - 7518] ( Heading of Chapter 3 renumbered from Chapter 4 by Stats. 1979, Ch. 373. ) ## 7509. The State Department of State Hospitals and the State Department of Developmental Services shall prescribe and publish instructions and forms, in relation to the commitment and admission of patients, and may include in them any interrogatories as it deems necessary or useful. These instructions and forms shall be furnished to anyone applying therefor, and shall also be sent in sufficient numbers to the county clerks of the several counties of the state. (Amended by Stats. 2012, Ch. 440, Sec. 74. (AB 1488) Effective September 22, 2012.)
751.
## 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 19. Wards—Transfer of Cases Between Counties [750 - 755] ( Heading of Article 19 renumbered from Article 10 by Stats. 1976, Ch. 1068. )
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County transfer expenses are paid from the ordering county’s treasury until the transfer papers are filed in the transferee county, and the judge may order repayment if the person or responsible family member can pay.

## 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 19. Wards—Transfer of Cases Between Counties [750 - 755] ( Heading of Article 19 renumbered from Article 10 by Stats. 1976, Ch. 1068. ) ## 751. The expense of the transfer and all expenses in connection with the transfer and for the support and maintenance of such person shall be paid from the county treasury of the court ordering the transfer until the receipt and filing of the finding and order of transfer in the juvenile court of the transferee county. The judge shall inquire into the financial condition of such person and of the parent, parents, guardian, or other person charged with his support and maintenance, and if he finds such person, parent, parents, guardian, or other person able, in whole or in part, to pay the expense of such transfer, he shall make a further order requiring such person, parent, parents, guardian, or other person to repay to the county such part, or all, of such expense of transfer as, in the opinion of the court, is proper. Such repayment shall be made to the probation officer who shall keep suitable accounts of such expenses and repayments and shall deposit all such collections in the county treasury. (Amended by Stats. 1971, Ch. 606.)
7513.
## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 3. State Hospitals for the Developmentally Disabled [7500 - 7518] ( Heading of Chapter 3 renumbered from Chapter 4 by Stats. 1979, Ch. 373. )
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Developmentally disabled persons and their estates must pay the State Department of Developmental Services for care and treatment costs in a state hospital or on leave at state expense, after county amounts are deducted.

## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 3. State Hospitals for the Developmentally Disabled [7500 - 7518] ( Heading of Chapter 3 renumbered from Chapter 4 by Stats. 1979, Ch. 373. ) ## 7513. Each developmentally disabled person and his or her estate shall pay the State Department of Developmental Services for the cost of such person’s care and treatment as defined in Section 4431 while in a state hospital and while on leave of absence at state expense, less the sums payable therefor by the county. The provisions of Sections 7513.1 and 7513.2 shall govern the assessment, cancellation, collection, and remission of charges for such care and treatment. This section shall not be construed to impose any liability on the parents of developmentally disabled persons. (Amended by Stats. 1979, Ch. 1142.)
7513.1.
## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 3. State Hospitals for the Developmentally Disabled [7500 - 7518] ( Heading of Chapter 3 renumbered from Chapter 4 by Stats. 1979, Ch. 373. )
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This section lets the Director of Developmental Services reduce, cancel, or remit hospital care charges for certain developmentally disabled persons when there is proof of inability to pay or uncollectibility. It also requires refunding certain payments on demand and allows a claim against a deceased patient’s estate to be presented as a preferred claim.

## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 3. State Hospitals for the Developmentally Disabled [7500 - 7518] ( Heading of Chapter 3 renumbered from Chapter 4 by Stats. 1979, Ch. 373. ) ## 7513.1. The charge for the care and treatment of all developmentally disabled persons at state hospitals for the developmentally disabled for whom there is liability to pay therefor shall be determined pursuant to Section 4431. The Director of Developmental Services may reduce, cancel, or remit the amount to be paid by the person, estate, or the relative, as the case may be, liable for the care and treatment of any developmentally disabled person who is a patient at a state hospital for the developmentally disabled, on satisfactory proof that the person, estate, or relative, as the case may be, is unable to pay the cost of such care and treatment or that the amount is uncollectible. In any case where there has been a payment under this section, and such payment or any part thereof is refunded because of the death, leave of absence, or discharge of any patient of such hospital, such amount shall be paid by the hospital or the State Department of Developmental Services 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 any person dies at any time while his or her estate is liable for his or her care and treatment at a state hospital, the claim for the amount due may be presented to the executor or administrator of his or her estate, and paid as a preferred claim, with the same rank in order of preference, as claims for expenses of last illness. (Added by Stats. 1979, Ch. 1142.)
7513.2.
## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 3. State Hospitals for the Developmentally Disabled [7500 - 7518] ( Heading of Chapter 3 renumbered from Chapter 4 by Stats. 1979, Ch. 373. )
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The State Department of Developmental Services must collect the costs and charges described in Section 7513. The Director of Developmental Services may also refuse to accept payment for certain state-hospital care and treatment charges.

## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 3. State Hospitals for the Developmentally Disabled [7500 - 7518] ( Heading of Chapter 3 renumbered from Chapter 4 by Stats. 1979, Ch. 373. ) ## 7513.2. The State Department of Developmental Services shall collect all the costs and charges mentioned in Section 7513 and may take such action as is necessary to effect their collection within or without the state. The Director of Developmental Services may, however, at his or her discretion, refuse to accept payment of charges for the care and treatment in a state hospital of any developmentally disabled person who is eligible for deportation by the federal immigration authorities. (Added by Stats. 1979, Ch. 1142.)
7514.
## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 3. State Hospitals for the Developmentally Disabled [7500 - 7518] ( Heading of Chapter 3 renumbered from Chapter 4 by Stats. 1979, Ch. 373. )
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The State Department of Developmental Services may transfer a patient from one state hospital for the developmentally disabled to another if the transfer is requested by the parent, guardian, conservator, or other support person and the applicant pays the transfer expenses.

## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 3. State Hospitals for the Developmentally Disabled [7500 - 7518] ( Heading of Chapter 3 renumbered from Chapter 4 by Stats. 1979, Ch. 373. ) ## 7514. The State Department of Developmental Services may transfer any patient of a state hospital for the developmentally disabled to another state hospital for the developmentally disabled, at any time and from time to time, upon the application of the parent, guardian, conservator, or other person charged with the support of such patient, if the expenses of the transfer are paid by the applicant. The liability of any estate, person, or county for the care, support and maintenance of such patient in the institution to which he is transferred shall be the same as if he had originally been committed to such institution. (Amended by Stats. 1979, Ch. 730.)
7515.
## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 3. State Hospitals for the Developmentally Disabled [7500 - 7518] ( Heading of Chapter 3 renumbered from Chapter 4 by Stats. 1979, Ch. 373. )
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The medical director may discharge a patient after one month, if the department having jurisdiction approves.

## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 3. State Hospitals for the Developmentally Disabled [7500 - 7518] ( Heading of Chapter 3 renumbered from Chapter 4 by Stats. 1979, Ch. 373. ) ## 7515. The medical director may, with the approval of the department having jurisdiction, cause the peremptory discharge of any person who has been a patient for the period of one month. (Amended by Stats. 2006, Ch. 538, Sec. 699. Effective January 1, 2007.)
7516.
## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 3. State Hospitals for the Developmentally Disabled [7500 - 7518] ( Heading of Chapter 3 renumbered from Chapter 4 by Stats. 1979, Ch. 373. )
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This section says the division does not interfere with or change the status of patients in Sonoma State Hospital who are there under life tenure.

## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 3. State Hospitals for the Developmentally Disabled [7500 - 7518] ( Heading of Chapter 3 renumbered from Chapter 4 by Stats. 1979, Ch. 373. ) ## 7516. Nothing in this division contained interferes with or affects the status of such patients as are now in the Sonoma State Hospital under terms of life tenure. (Added by Stats. 1967, Ch. 1667.)
7518.
## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 3. State Hospitals for the Developmentally Disabled [7500 - 7518] ( Heading of Chapter 3 renumbered from Chapter 4 by Stats. 1979, Ch. 373. )
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A state hospital medical director may consent to treatment for certain developmentally disabled patients, including minors, and may act when a parent, guardian, or conservator does not respond or does not exist.

## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 3. State Hospitals for the Developmentally Disabled [7500 - 7518] ( Heading of Chapter 3 renumbered from Chapter 4 by Stats. 1979, Ch. 373. ) ## 7518. In accordance with this section, the medical director of a state hospital with programs for developmentally disabled patients, as defined in Section 4512, may give consent to medical, dental, and surgical treatment of a minor developmentally disabled patient of the hospital and provide for such treatment to be given to the patient. If the patient’s parent, guardian, or conservator legally authorized to consent to such treatment, does not respond within a reasonable time to the request of the medical director for the granting or denying of consent for such treatment, the medical director may consent, on behalf of the patient, to such treatment and provide for such treatment to be given to the patient. If the patient has no parent, guardian, or conservator legally authorized to consent to medical, dental, or surgical treatment on behalf of the patient, the medical director may consent to such treatment on behalf of the patient and provide for such treatment to be given to the patient. The medical director may immediately thereupon also request the appropriate regional center for the developmentally disabled to initiate or cause to be initiated proceedings for the appointment of a guardian or conservator legally authorized to consent to medical, dental, or surgical treatment. If the patient is an adult and has no conservator, consent to treatment may be given by someone other than the patient on the patient’s behalf only if the patient is mentally incapable of giving his own consent. (Amended by Stats. 1979, Ch. 730.)
752.
## 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 19. Wards—Transfer of Cases Between Counties [750 - 755] ( Heading of Article 19 renumbered from Article 10 by Stats. 1976, Ch. 1068. )
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When a juvenile case is transferred, a certified copy of the file may be made and sent to the county where the person lives, and the copy must include the minor’s parent or guardian’s legal residence address.

## 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 19. Wards—Transfer of Cases Between Counties [750 - 755] ( Heading of Article 19 renumbered from Article 10 by Stats. 1976, Ch. 1068. ) ## 752. Whenever a case is transferred as provided in Section 750, a certified copy of the file may be made and forwarded to the county where the person resides and shall include the name and address of the legal residence of the parent or guardian of the minor. A certified copy shall be deemed to be the same as the original. The original court file may be kept in the files of the transferring county. (Amended by Stats. 1984, Ch. 205, Sec. 1.)
753.
## 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 19. Wards—Transfer of Cases Between Counties [750 - 755] ( Heading of Article 19 renumbered from Article 10 by Stats. 1976, Ch. 1068. )
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When a transfer order from another county is filed with the juvenile court clerk, the clerk must put it on the court calendar and the court must hear it as soon as possible.

## 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 19. Wards—Transfer of Cases Between Counties [750 - 755] ( Heading of Article 19 renumbered from Article 10 by Stats. 1976, Ch. 1068. ) ## 753. Whenever an order of transfer from another county is filed with the clerk of any juvenile court, the clerk shall place the transfer order on the calendar of the court, and it shall have precedence over all actions and civil proceedings not specifically given precedence by other provisions of law and shall be heard by the court at the earliest possible moment following the filing of the order. (Repealed and added by Stats. 1961, Ch. 1616.)
754.
## 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 19. Wards—Transfer of Cases Between Counties [750 - 755] ( Heading of Article 19 renumbered from Article 10 by Stats. 1976, Ch. 1068. )
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In a residence-determination case under this article, the court’s county and any other county that could be the minor’s county of residence are treated as parties and may appeal an order determining the minor’s residence.

## 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 19. Wards—Transfer of Cases Between Counties [750 - 755] ( Heading of Article 19 renumbered from Article 10 by Stats. 1976, Ch. 1068. ) ## 754. In any action under the provisions of this article in which the residence of a minor person is determined, both the county in which the court is situated and any other county which, as a result of the determination of residence, might be determined to be the county of residence of the minor person, shall be considered to be parties in the action and shall have the right to appeal any order by which residence of the minor person is determined. (Added by Stats. 1961, Ch. 1616.)
755.
## 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 19. Wards—Transfer of Cases Between Counties [750 - 755] ( Heading of Article 19 renumbered from Article 10 by Stats. 1976, Ch. 1068. )
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A juvenile court may allow a probationer or ward to live in another county, while the court keeps jurisdiction.

## 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 19. Wards—Transfer of Cases Between Counties [750 - 755] ( Heading of Article 19 renumbered from Article 10 by Stats. 1976, Ch. 1068. ) ## 755. (a) A person placed on probation by the juvenile court or adjudged to be a ward of the juvenile court may be permitted by order of the court to reside in a county other than the county of their legal residence, and the court shall retain jurisdiction over that person. (b) If a ward of the juvenile court is permitted to reside in a county other than the county of their legal residence, the ward may be placed under the supervision of the probation officer of the county of actual residence, with the consent of the probation officer. The ward shall comply with the instructions of the probation officer and upon failure to do so shall be returned to the county of their legal residence for further hearing and order of the court. (c) This section applies to wards discharged to probation supervision pursuant to Section 875. (Amended by Stats. 2025, Ch. 241, Sec. 73. (SB 857) Effective January 1, 2026.)
7600.
## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 4. Langley Porter Neuropsychiatric Institute [7600- 7600.] ( Heading of Chapter 4 renumbered from Chapter 5 by Stats. 1979, Ch. 373. )
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The Department of General Services must transfer the specified land in fee simple to the Regents of the University of California at no cost.

## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 4. Langley Porter Neuropsychiatric Institute [7600- 7600.] ( Heading of Chapter 4 renumbered from Chapter 5 by Stats. 1979, Ch. 373. ) ## 7600. The Department of General Services shall grant to the Regents of the University of California in fee simple all of its right, title and interest in the land adjacent to the campus of the University of California Medical School Center, San Francisco, at no cost to the regents, upon which the Langley Porter Neuropsychiatric Institute is located, for the purpose of integrating the institute into the total educational system of the University of California. (Repealed and added by Stats. 1971, Ch. 1593.)
7700.
## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 5. The Neuropsychiatric Institute, University of California at Los Angeles Medical Center [7700- 7700.] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1979, Ch. 373. )
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A neuropsychiatric hospital must be established on Regents-owned grounds at the UCLA medical center and integrated into the University of California’s total educational system.

## Welfare and Institutions Code - WIC ## DIVISION 7. MENTAL INSTITUTIONS [7100 - 7700] ( Division 7 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 5. The Neuropsychiatric Institute, University of California at Los Angeles Medical Center [7700- 7700.] ( Heading of Chapter 5 renumbered from Chapter 6 by Stats. 1979, Ch. 373. ) ## 7700. A neuropsychiatric hospital for which an appropriation for planning was provided by Item 328.1 of the Budget Act of 1954, hereafter referred to as the institute, shall be established on the grounds belonging to the Regents of the University of California at Los Angeles as a part of the medical center. The institute shall be integrated into the total educational system of the University of California. (Repealed and added by Stats. 1971, Ch. 1593.)
775.
## 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 20. Wards—Modification of Juvenile Court Judgments and Orders [775 - 788] ( Heading of Article 20 renumbered from Article 11 by Stats. 1976, Ch. 1068. )
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A court may change, modify, or set aside its order for a person under its jurisdiction, subject to this article’s procedural requirements.

## 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 20. Wards—Modification of Juvenile Court Judgments and Orders [775 - 788] ( Heading of Article 20 renumbered from Article 11 by Stats. 1976, Ch. 1068. ) ## 775. Any order made by the court in the case of any person subject to its jurisdiction may at any time be changed, modified, or set aside, as the judge deems meet and proper, subject to such procedural requirements as are imposed by this article. (Repealed and added by Stats. 1961, Ch. 1616.)
776.
## 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 20. Wards—Modification of Juvenile Court Judgments and Orders [775 - 788] ( Heading of Article 20 renumbered from Article 11 by Stats. 1976, Ch. 1068. )
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A juvenile court order changing, modifying, or setting aside a previous order cannot be made unless prior notice of the application has been given.

## 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 20. Wards—Modification of Juvenile Court Judgments and Orders [775 - 788] ( Heading of Article 20 renumbered from Article 11 by Stats. 1976, Ch. 1068. ) ## 776. No order changing, modifying, or setting aside a previous order of the juvenile court shall be made either in chambers, or otherwise, unless prior notice of the application therefor has been given by the judge or the clerk of the court to the probation officer and prosecuting attorney and to the minor’s counsel of record, or, if there is no counsel of record, to the minor and his parent or guardian. (Amended by Stats. 1977, Ch. 1241.)
777.
## 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 20. Wards—Modification of Juvenile Court Judgments and Orders [775 - 788] ( Heading of Article 20 renumbered from Article 11 by Stats. 1976, Ch. 1068. )
Verify source ↗

Certain juvenile court modification orders can be made only after a noticed hearing, with notice, service, proof, and detention rules spelled out.

## 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 20. Wards—Modification of Juvenile Court Judgments and Orders [775 - 788] ( Heading of Article 20 renumbered from Article 11 by Stats. 1976, Ch. 1068. ) ## 777. An order changing or modifying a previous order by removing a minor from the physical custody of a parent, guardian, relative, or friend and directing placement in a foster home, or commitment to a private institution or commitment to a county institution, or an order changing or modifying a previous order by directing commitment to the Youth Authority shall be made only after a noticed hearing. (a) The notice shall be made as follows: (1) By the probation officer where a minor has been declared a ward of the court or a probationer under Section 601 in the original matter and shall contain a concise statement of facts sufficient to support the conclusion that the minor has violated an order of the court. (2) By the probation officer or the prosecuting attorney if the minor is a court ward or probationer under Section 602 in the original matter and the notice alleges a violation of a condition of probation not amounting to a crime. The notice shall contain a concise statement of facts sufficient to support this conclusion. (3) Where the probation officer is the petitioner pursuant to paragraph (2), prior to the attachment of jeopardy at the time of the jurisdictional hearing, the prosecuting attorney may make a motion to dismiss the notice and may request that the matter be referred to the probation officer for whatever action the prosecuting or probation officer may deem appropriate. (b) Upon the filing of such notice, the clerk of the juvenile court shall immediately set the same for hearing within 30 days, and the probation officer shall cause notice of it to be served upon the persons and in the manner prescribed by Sections 658 and 660. Service under this subdivision may be by electronic service pursuant to Section 212.5. (c) The facts alleged in the notice shall be established by a preponderance of the evidence at a hearing to change, modify, or set aside a previous order. The court may admit and consider reliable hearsay evidence at the hearing to the same extent that such evidence would be admissible in an adult probation revocation hearing, pursuant to the decision in People v. Brown, 215 Cal.App.3d (1989) and any other relevant provision of law. (d) An order for the detention of the minor pending adjudication of the alleged violation may be made only after a hearing is conducted pursuant to Article 15 (commencing with Section 625) of this chapter. Service under this subdivision may be by electronic service pursuant to Section 212.5, but only in addition to other forms of service required by law. (Amended by Stats. 2017, Ch. 319, Sec. 143. (AB 976) Effective January 1, 2018. Note: This section was amended on March 7, 2000, by initiative Prop. 21.)
778.
## 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 20. Wards—Modification of Juvenile Court Judgments and Orders [775 - 788] ( Heading of Article 20 renumbered from Article 11 by Stats. 1976, Ch. 1068. )
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Certain people may ask the juvenile court to change, modify, set aside, or end prior wardship orders, and the court must hold a hearing and give notice if the child’s best interests may be served.

## 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 20. Wards—Modification of Juvenile Court Judgments and Orders [775 - 788] ( Heading of Article 20 renumbered from Article 11 by Stats. 1976, Ch. 1068. ) ## 778. (a) (1) Any parent or other person having an interest in a child who is a ward of the juvenile court or the child himself or herself through a properly appointed guardian may, upon grounds of change of circumstance or new evidence, petition the court in the same action in which the child was found to be a ward of the juvenile court for a hearing to change, modify, or set aside any order of court previously made or to terminate the jurisdiction of the court. The petition shall be verified and, if made by a person other than the child, shall state the petitioner’s relationship to or interest in the child and shall set forth in concise language any change of circumstance or new evidence which are alleged to require such change of order or termination of jurisdiction. (2) If it appears that the best interests of the child may be promoted by the proposed change of order or termination of jurisdiction, the court shall order that a hearing be held and shall give prior notice, or cause prior notice to be given, to such persons and by such means as prescribed by Sections 776 and 779, by electronic service pursuant to Section 212.5, and, in such instances as the means of giving notice is not prescribed by such sections, then by such means as the court prescribes. (b) (1) Any person, including a ward, a transition dependent, or a nonminor dependent of the juvenile court, may petition the court to assert a relationship as a sibling related by blood, adoption, or affinity through a common legal or biological parent to a child who is, or is the subject of a petition for adjudication as, a ward of the juvenile court, and may request visitation with the ward, placement with or near the ward, or consideration when determining or implementing a case plan or permanent plan for the ward. (2) A ward, transition dependent, or nonminor dependent of the juvenile court may petition the court to assert a relationship as a sibling related by blood, adoption, or affinity through a common legal or biological parent to a child who is in the physical custody of a common legal or biological parent, and may request visitation with the nondependent sibling in parental custody. (3) Pursuant to subdivision (b) of Section 16002, a request for sibling visitation may be granted unless it is determined by the court that sibling visitation is contrary to the safety and well-being of any of the siblings. (4) The court may appoint a guardian ad litem to file the petition for a ward asserting a sibling relationship pursuant to this subdivision if the court determines that the appointment is necessary for the best interests of the ward. The petition shall be verified and shall set forth the following: (A) Through which parent he or she is related to the sibling. (B) Whether he or she is related to the sibling by blood, adoption, or affinity. (C) The request or order that the petitioner is seeking. (D) Why that request or order is in the best interest of the ward. (Amended by Stats. 2017, Ch. 319, Sec. 144. (AB 976) Effective January 1, 2018.)
779.
## 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 20. Wards—Modification of Juvenile Court Judgments and Orders [775 - 788] ( Heading of Article 20 renumbered from Article 11 by Stats. 1976, Ch. 1068. )
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The court may change, modify, or set aside a ward’s commitment order, but it must give the Youth Authority 10 days’ notice of the hearing and consider how the change will affect discipline and parole systems.

## 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 20. Wards—Modification of Juvenile Court Judgments and Orders [775 - 788] ( Heading of Article 20 renumbered from Article 11 by Stats. 1976, Ch. 1068. ) ## 779. The court committing a ward to the Youth Authority may thereafter change, modify, or set aside the order of commitment. Ten days’ notice of the hearing of the application therefor shall be served upon the Director of the Youth Authority. In changing, modifying, or setting aside the order of commitment, the court shall give due consideration to the effect thereof upon the discipline and parole system of the Youth Authority or of the correctional school in which the ward may have been placed by the Youth Authority. Except as provided in this section, nothing in this chapter shall be deemed to interfere with the system of parole and discharge now or hereafter established by law, or by rule of the Youth Authority, for the parole and discharge of wards of the juvenile court committed to the Youth Authority, or with the management of any school, institution, or facility under the jurisdiction of the Youth Authority. Except as provided in this section, this chapter does not interfere with the system of transfer between institutions and facilities under the jurisdiction of the Youth Authority. This section does not limit the authority of the court to change, modify, or set aside an order of commitment after a noticed hearing and upon a showing of good cause that the Youth Authority is unable to, or failing to, provide treatment consistent with Section 734. However, before any inmate of a correctional school may be transferred to a state hospital, he or she shall first be returned to a court of competent jurisdiction and, after hearing, may be committed to a state hospital for the insane in accordance with law. (Amended by Stats. 2017, Ch. 319, Sec. 145. (AB 976) Effective January 1, 2018.)
779.5.
## 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 20. Wards—Modification of Juvenile Court Judgments and Orders [775 - 788] ( Heading of Article 20 renumbered from Article 11 by Stats. 1976, Ch. 1068. )
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A court may modify or set aside a ward’s commitment to a secure youth treatment facility if there is a written application and good cause, and it must hold a hearing and state its findings 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 20. Wards—Modification of Juvenile Court Judgments and Orders [775 - 788] ( Heading of Article 20 renumbered from Article 11 by Stats. 1976, Ch. 1068. ) ## 779.5. The court committing a ward to a secure youth treatment facility as provided in Section 875 may thereafter modify or set aside the order of commitment upon the written application of the ward or the probation department and upon a showing of good cause that the county or the commitment facility has failed, or is unable to, provide the ward with treatment, programming, and education that are consistent with the individual rehabilitation plan described in subdivision (d) of Section 875, that the conditions under which the ward is confined are harmful to the ward, or that the juvenile justice goals of rehabilitation and community safety are no longer served by continued confinement of the ward in a secure youth treatment facility. The court shall notice a hearing in which it shall hear any evidence from the ward, the probation department, and any behavioral health or other specialists having information relevant to consideration of the request to modify or set aside the order of commitment. The court shall, at the conclusion of the hearing, make its findings on the record, including findings as to the custodial and supervision status of the ward, based on the evidence presented. (Added by Stats. 2021, Ch. 18, Sec. 11. (SB 92) Effective May 14, 2021.)
780.
## 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 20. Wards—Modification of Juvenile Court Judgments and Orders [775 - 788] ( Heading of Article 20 renumbered from Article 11 by Stats. 1976, Ch. 1068. )
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The department may return a committed person to the committing court if the person appears improper, incorrigible, or incapable of reformation in the 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 20. Wards—Modification of Juvenile Court Judgments and Orders [775 - 788] ( Heading of Article 20 renumbered from Article 11 by Stats. 1976, Ch. 1068. ) ## 780. If any person who has been committed to the Youth Authority appears to be an improper person to be received by or retained in any institution or facility under the jurisdiction of the Department of the Youth Authority or to be so incorrigible or so incapable of reformation under the discipline of any institution or facility under the jurisdiction of the department as to render his or her retention detrimental to the interests of the department, the department may order the return of that person to the committing court. However, the return of any person to the committing court does not relieve the department of any of its duties or responsibilities under the original commitment, and that commitment continues in full force and effect until it is vacated, modified, or set aside by order of the court. If any person is returned to the committing court, his or her transportation shall be made, and the compensation therefor paid, as provided for the order of commitment. (Amended by Stats. 2003, Ch. 4, Sec. 3. Effective April 8, 2003. Operative January 1, 2004, by Sec. 52 of Ch. 4.)
781.
## 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 20. Wards—Modification of Juvenile Court Judgments and Orders [775 - 788] ( Heading of Article 20 renumbered from Article 11 by Stats. 1976, Ch. 1068. )
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This section lets a person or the county probation officer ask the juvenile court to seal certain juvenile records after the required waiting period, and it requires agencies to seal records when ordered.

## 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 20. Wards—Modification of Juvenile Court Judgments and Orders [775 - 788] ( Heading of Article 20 renumbered from Article 11 by Stats. 1976, Ch. 1068. ) ## 781. (a) (1) (A) If a petition has been filed with a juvenile court to commence proceedings to adjudge a person a ward of the court, if a person is cited to appear before a probation officer or is taken before a probation officer pursuant to Section 626, or if a minor is taken before any officer of a law enforcement agency, the person or the county probation officer may, five years or more after the jurisdiction of the juvenile court has terminated as to the person, or, if a petition is not filed, five years or more after the person was cited to appear before a probation officer or was taken before a probation officer pursuant to Section 626 or was taken before any officer of a law enforcement agency, or, in any case at any time after the person has reached 18 years of age, petition the court for sealing of the records, including records of arrest, relating to the person’s case, in the custody of the juvenile court and probation officer and any other agencies, including law enforcement agencies, entities, and public officials as the petitioner alleges, in the petition, to have custody of the records. Defense counsel for the minor shall not be ordered to seal their records. The court shall notify the district attorney of the county and the county probation officer, if they are not the petitioner, and the district attorney or probation officer or any of their deputies or any other person having relevant evidence may testify at the hearing on the petition. If, after hearing, the court finds that since the termination of jurisdiction or action pursuant to Section 626, as the case may be, the person has not been convicted of a felony or of any misdemeanor involving moral turpitude and that rehabilitation has been attained to the satisfaction of the court, it shall order all records, papers, and exhibits in the person’s case in the custody of the juvenile court sealed, including the juvenile court record, minute book entries, and entries on dockets, and any other records relating to the case in the custody of the other agencies, entities, and officials as are named in the order. Once the court has ordered the person’s records sealed, the proceedings in the case shall be deemed never to have occurred, and the person may properly reply accordingly to any inquiry about the events, the records of which are ordered sealed. (B) The court shall send a copy of the order to each agency, entity, and official named in the order, directing the agency or entity to seal its records. Each agency, entity, and official shall seal the records in its custody as directed by the order, shall advise the court of its compliance, and thereupon shall seal the copy of the court’s order for sealing of records that the agency, entity, or official received. (C) If a ward of the juvenile court is subject to the registration requirements set forth in Section 290 of the Penal Code, a court, in ordering the sealing of the juvenile records of the person, shall also provide in the order that the person is relieved from the registration requirement and for the destruction of all registration information in the custody of the Department of Justice and other agencies, entities, and officials. (D) (i) A petition to seal the record or records relating to an offense listed in subdivision (b) of Section 707 that was committed after attaining 14 years of age and resulted in the adjudication of wardship by the juvenile court may only be filed or considered by the court pursuant to this section under the following circumstances: (I) The person was committed to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, has attained 21 years of age, and has completed their period of probation supervision after release from the division. (II) The person was not committed to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities, has attained 18 years of age, and has completed any period of probation supervision related to that offense imposed by the court. (ii) A record relating to an offense listed in subdivision (b) of Section 707 that was committed after attaining 14 years of age that has been sealed pursuant to this section may be accessed, inspected, or utilized in a subsequent proceeding against the person under any of the following circumstances: (I) By the prosecuting attorney, as necessary, to make appropriate charging decisions or to initiate prosecution in a court of criminal jurisdiction for a subsequent felony offense, or by the prosecuting attorney or the court to determine the appropriate sentencing for a subsequent felony offense. (II) By the prosecuting attorney, as necessary, to initiate a juvenile court proceeding to determine whether a minor shall be transferred from the juvenile court to a court of criminal jurisdiction pursuant to Section 707, and by the juvenile court to make that determination. (III) By the prosecuting attorney, the probation department, or the juvenile court upon a subsequent finding by the juvenile court that the minor has committed a felony offense, for the purpose of determining an appropriate disposition of the case. (IV) By the prosecuting attorney, or a court of criminal jurisdiction, for the purpose of proving a prior serious or violent felony conviction, and determining the appropriate sentence pursuant to Section 667 of the Penal Code. (iii) (I) A record relating to an offense listed in subdivision (b) of Section 707 that was committed after attaining 14 years of age that has been sealed pursuant to this section may be accessed, inspected, or utilized by the prosecuting attorney in order to meet a statutory or constitutional obligation to disclose favorable or exculpatory evidence to a defendant in a criminal case in which the prosecuting attorney has reason to believe that access to the record is necessary to meet the disclosure obligation. A request to access information in the sealed record for this purpose, including the prosecutor’s rationale for believing that access to the information in the record may be necessary to meet the disclosure obligation and the date by which the records are needed, shall be submitted by the prosecuting attorney to the juvenile court. The juvenile court shall approve the prosecutor’s request to the extent that the court has, upon review of the relevant records, determined that access to a specific sealed record or portion of a sealed record is necessary to enable the prosecuting attorney to comply with the disclosure obligation. If the juvenile court approves the prosecuting attorney’s request, the court shall state on the record appropriate limits on the access, inspection, and utilization of the sealed record information in order to protect the confidentiality of the person whose sealed record is accessed pursuant to this clause. A ruling allowing disclosure of information pursuant to this subdivision does not affect whether the information is admissible in a criminal or juvenile proceeding. This clause does not impose any discovery obligations on a prosecuting attorney that do not already exist. (II) A record that was sealed pursuant to this section that was generated in connection with the investigation, prosecution, or adjudication of a qualifying offense as defined in subdivision (c) of Section 679.10 of the Penal Code may be accessed by a judge or prosecutor for the limited purpose of processing a request of a victim or victim’s family member to certify victim helpfulness on the Form I-918 Supplement B certification or Form I-914 Supplement B declaration. The information obtained pursuant to this subclause shall not be disseminated to other agencies or individuals, except as necessary to certify victim helpfulness on the Form I-918 Supplement B certification or Form I-914 Supplement B declaration, and under no circumstances shall it be used to support the imposition of penalties, detention, or other sanctions upon an individual. (III) This clause shall not apply to juvenile case files pertaining to matters within the jurisdiction of the juvenile court pursuant to Section 300. (iv) A sealed record that is accessed, inspected, or utilized pursuant to clause (ii) or (iii) shall be accessed, inspected, or utilized only for the purposes described therein, and the information contained in the sealed record shall otherwise remain confidential and shall not be further disseminated. The access, inspection, or utilization of a sealed record pursuant to clause (ii) or (iii) shall not be deemed an unsealing of the record and shall not require notice to any other entity. (E) Subparagraph (D) does not apply in cases in which the offense listed in subdivision (b) of Section 707 that was committed after attaining 14 years of age was dismissed or reduced to a misdemeanor by the court. In those cases, the person may petition the court to have the record sealed, and the court may order the sealing of the record in the same manner and with the same effect as otherwise provided in this section for records that do not relate to an offense listed in subdivision (b) of Section 707 that was committed after the person had attained 14 years of age. (F) Notwithstanding subparagraphs (D) and (E), a record relating to an offense listed in subdivision (b) of Section 707 that was committed after attaining 14 years of age for which the person is required to register pursuant to Section 290.008 of the Penal Code shall not be sealed. (G) Notwithstanding subparagraph (A), a person who has been convicted of a felony, or misdemeanor involving moral turpitude, may obtain record sealing relief pursuant to this section if all of that person’s felony convictions, and misdemeanor convictions involving moral turpitude, have been subsequently dismissed, vacated, pardoned, or reduced to misdemeanors that do not involve moral turpitude. Such post-conviction relief shall include, but not be limited to, a dismissal pursuant to Sections 1203.4, 1203.4a, 1203.4b, 1203.41, 1203.42, and 1203.43 of the Penal Code, vacatur pursuant to Section 236.14 of the Penal Code, and the reduction of a felony to a misdemeanor pursuant to Section 17 of the Penal Code. (2) An unfulfilled order of restitution that has been converted to a civil judgment pursuant to Section 730.6 shall not be a bar to sealing a record pursuant to this subdivision. (3) Outstanding restitution fines and court-ordered fees shall not be considered when assessing whether a petitioner’s rehabilitation has been attained to the satisfaction of the court and shall not be a bar to sealing a record pursuant to this subdivision. (4) The person who is the subject of records sealed pursuant to this section may petition the superior court to permit inspection of the records by persons named in the petition, and the superior court may order the inspection of the records. Except as provided in subdivision (b), the records shall not be open to inspection. (b) In any action or proceeding based upon defamation, a court, upon a showing of good cause, may order any records sealed under this section to be opened and admitted into evidence. The records shall be confidential and shall be available for inspection only by the court, jury, parties, counsel for the parties, and any other person who is authorized by the court to inspect them. Upon the judgment in the action or proceeding becoming final, the court shall order the records sealed. (c) (1) Subdivision (a) does not apply to Department of Motor Vehicles records of any convictions for offenses under the Vehicle Code or any local ordinance relating to the operation, stopping and standing, or parking of a vehicle where the record of any such conviction would be a public record under Section 1808 of the Vehicle Code. However, if a court orders a case record containing any such conviction to be sealed under this section, and if the Department of Motor Vehicles maintains a public record of such a conviction, the court shall notify the Department of Motor Vehicles of the sealing and the department shall advise the court of its receipt of the notice. (2) Notwithstanding any other law, subsequent to the notification, the Department of Motor Vehicles shall allow access to its record of convictions only to the subject of the record and to insurers which have been granted requestor code numbers by the department. Any insurer to which a record of conviction is disclosed, when the conviction record has otherwise been sealed under this section, shall be given notice of the sealing when the record is disclosed to the insurer. The insurer may use the information contained in the record for purposes of determining eligibility for insurance and insurance rates for the subject of the record, and the information shall not be used for any other purpose nor shall it be disclosed by an insurer to any person or party not having access to the record. (3) This subdivision does not prevent the sealing of any record which is maintained by any agency or party other than the Department of Motor Vehicles. (4) This subdivision does not affect the procedures or authority of the Department of Motor Vehicles for purging department records. (d) Unless for good cause the court determines that the juvenile court record shall be retained, the court shall order the destruction of a person’s juvenile court records that are sealed pursuant to this section as follows: five years after the record was ordered sealed, if the person who is the subject of the record was alleged or adjudged to be a person described by Section 601; or when the person who is the subject of the record reaches 38 years of age if the person was alleged or adjudged to be a person described by Section 602, except that if the subject of the record was found to be a person described in Section 602 because of the commission of an offense listed in subdivision (b) of Section 707 when the person was 14 years of age or older, the record shall not be destroyed. Any other agency in possession of sealed records may destroy its records five years after the record was ordered sealed. (e) The court may access a file that has been sealed pursuant to this section for the limited purpose of verifying the prior jurisdictional status of a ward who is petitioning the court to resume its jurisdiction pursuant to subdivision (e) of Section 388. This access shall not be deemed an unsealing of the record and shall not require notice to any other entity. (f) This section shall not permit the sealing of a person’s juvenile court records for an offense where the person is convicted of that offense in a criminal court pursuant to the provisions of Section 707.1. This subdivision is declaratory of existing law. (g) (1) This section does not prohibit a court from enforcing a civil judgment for an unfulfilled order of restitution obtained pursuant to Section 730.6. A minor is not relieved from the obligation to pay victim restitution, restitution fines, and court-ordered fines and fees because the minor’s records are sealed. (2) A victim or a local collection program may continue to enforce victim restitution orders, restitution fines, and court-ordered fines and fees after a record is sealed. The juvenile court shall have access to any records sealed pursuant to this section for the limited purposes of enforcing a civil judgment or restitution order. (h) (1) On and after January 1, 2015, each court and probation department shall ensure that information regarding the eligibility for and the procedures to request the sealing and destruction of records pursuant to this section shall be provided to each person who is either of the following: (A) A person for whom a petition has been filed on or after January 1, 2015, to adjudge the person a ward of the juvenile court. (B) A person who is brought before a probation officer pursuant to Section 626. (2) The Judicial Council shall, on or before January 1, 2015, develop informational materials for purposes of paragraph (1) and shall develop a form to petition the court for the sealing and destruction of records pursuant to this section. The informational materials and the form shall be provided to each person described in paragraph (1) when jurisdiction is terminated or when the case is dismissed. (Amended by Stats. 2024, Ch. 782, Sec. 8. (SB 1161) Effective January 1, 2025.)
781.1.
## 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 20. Wards—Modification of Juvenile Court Judgments and Orders [775 - 788] ( Heading of Article 20 renumbered from Article 11 by Stats. 1976, Ch. 1068. )
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A superior court or probation department may not charge an applicant a fee to file a petition to seal records under Section 781.

## 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 20. Wards—Modification of Juvenile Court Judgments and Orders [775 - 788] ( Heading of Article 20 renumbered from Article 11 by Stats. 1976, Ch. 1068. ) ## 781.1. A superior court or probation department shall not charge an applicant a fee for filing a petition to seal records under Section 781. (Added by Stats. 2019, Ch. 582, Sec. 1. (AB 1394) Effective January 1, 2020.)
781.2.
## 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 20. Wards—Modification of Juvenile Court Judgments and Orders [775 - 788] ( Heading of Article 20 renumbered from Article 11 by Stats. 1976, Ch. 1068. )
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The Department of Justice and arresting agencies must identify, share, and seal eligible juvenile arrest records, with some timing rules and exceptions for physical records.

## 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 20. Wards—Modification of Juvenile Court Judgments and Orders [775 - 788] ( Heading of Article 20 renumbered from Article 11 by Stats. 1976, Ch. 1068. ) ## 781.2. (a) (1) On a monthly basis, the Department of Justice shall review state summary criminal history information and shall identify arrests that are eligible to be sealed. (2) An arrest shall be eligible to be sealed if either of the following apply: (A) The arrest only included misdemeanor offenses, at least one calendar year has elapsed since the date of the arrest, and all of the following apply: (i) The person was younger than 18 years of age at the time of the arrest. (ii) The arrest occurred on or after January 1, 1973. (iii) There are currently no pending juvenile delinquency matters related to the arrest that have not yet been resolved, and the arrest did not result in a charge being sustained against the arrested individual. This includes, but is not limited to, situations where the arresting agency deemed the arrest a detention only, the prosecuting agency declined to file charges related to the arrest, all charges were dismissed, or the arrestee was acquitted of all charges. (B) The arrest included a felony offense not listed in subdivision (b) of Section 707, at least three calendar years have elapsed since the date of the arrest, and all of the following apply: (i) The person was younger than 18 years of age at the time of the arrest. (ii) The arrest occurred on or after January 1, 1973. (iii) There are currently no pending juvenile delinquency matters related to the arrest that have not yet been resolved and the arrest did not result in a charge being sustained against the arrested individual. This includes, but is not limited to, situations where the arresting agency deemed the arrest a detention only, the prosecuting agency declined to file charges related to the arrest, all charges were dismissed, or the arrestee was acquitted of all charges. (b) The department shall provide a list of arrests that are identified pursuant to paragraph (2) of subdivision (a) to all agencies associated with the record of arrest. (c) On a monthly basis, the arresting agency shall review the list of arrests provided pursuant to subdivision (b) and shall seal eligible arrest records if the arresting agency’s records do not contain information indicating that the arrest is not eligible to be sealed, without requiring an individual to petition for their arrest to be sealed. (d) Within six months of receiving the list of arrests provided pursuant to subdivision (b), arresting agencies shall electronically report to the Department of Justice, in a manner prescribed by the Department of Justice, the records that shall be sealed. (e) If arresting agencies have previously eliminated or sealed arrest records, then within six months of receiving the list of those arrests provided pursuant to subdivision (b), the agency shall electronically report to the Department of Justice, in a manner prescribed by the Department of Justice, that those records shall be sealed. (f) The Department of Justice shall seal arrests reported pursuant to subdivisions (d) and (e) of this section within 90 days. Any physical arrest records are exempt from this process and the Department of Justice shall seal those records at the point in which they are recorded in the state summary criminal history information repository. (g) Commencing July 1, 2028, the Department of Justice shall annually publish statistics on the OpenJustice Web portal, as defined in subdivision (d) of Section 13010, for each county regarding the total number of arrests in each of the following categories: (1) The number of arrests identified pursuant to paragraph (1) of subdivision (a). (2) The number of arrests provided to arresting agencies pursuant to subdivision (b). (3) The number of arrests reported to be sealed pursuant to subdivisions (d) and (e). (4) The number of arrests where sealing is in-progress by the Department of Justice pursuant to subdivisions (d) and (e). (5) The number of arrests where sealing has been completed by the Department of Justice pursuant to subdivisions (d), (e), and (f). (h) Nothing in this section affects arrest statistics reported to the Department of Justice pursuant to Sections 13010, 13011, and 13012. (i) This section shall become operative on July 1, 2027, subject to an appropriation for these purposes in the annual Budget Act. (Added by Stats. 2024, Ch. 811, Sec. 1. (AB 1877) Effective January 1, 2025. Conditionally operative July 1, 2027, by its own provisions.)
781.5.
## 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 20. Wards—Modification of Juvenile Court Judgments and Orders [775 - 788] ( Heading of Article 20 renumbered from Article 11 by Stats. 1976, Ch. 1068. )
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This section lets a minor ask for arrest or citation records to be sealed and destroyed when the minor is found factually innocent, and it sets related duties for law enforcement, probation, the Department of Justice, and 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 20. Wards—Modification of Juvenile Court Judgments and Orders [775 - 788] ( Heading of Article 20 renumbered from Article 11 by Stats. 1976, Ch. 1068. ) ## 781.5. (a) Notwithstanding Section 781, in any case where a minor has been cited to appear before a probation officer, has been taken before a probation officer pursuant to Section 626, or has been taken before any officer of a law enforcement agency, and no accusatory pleading or petition to adjudge the minor a ward of the court has been filed, the minor may request in writing that the law enforcement agency and probation officer having jurisdiction over the offense destroy their records of the arrest or citation. A copy of the request shall be served upon the district attorney of the county having jurisdiction over the offense. The law enforcement agency and probation officer having jurisdiction over the offense, upon a determination that the minor is factually innocent, shall, with the concurrence of the district attorney, seal their records with respect to the minor and the request for relief under this section for three years from the date of the arrest or citation and thereafter destroy the records and the request. A determination of factual innocence shall not be made pursuant to this subdivision unless the law enforcement agency and probation officer, with the concurrence of the district attorney, determine that no reasonable cause exists to believe that the minor committed the offense for which the arrest was made or the citation was issued. The law enforcement agency and probation officer having jurisdiction over the offense shall notify the Department of Justice, and any other law enforcement agency or probation officer that arrested or cited the minor or participated in the arrest or citing of the minor for an offense for which the minor has been found factually innocent under this subdivision, of the sealing of the minor’s records and the reason therefor. The Department of Justice and any law enforcement agency or probation officer so notified shall forthwith seal its records of the arrest or citation and the notice of sealing for three years from the date of the arrest or citation, and thereafter destroy those records and the notice of sealing. The law enforcement agency and probation officer having jurisdiction over the offense and the Department of Justice shall request the destruction of any records of the arrest or citation that they have given to any local, state, or federal agency or to any other person or entity. Each agency, person, or entity within the State of California receiving that request shall destroy its records of the arrest or citation and that request, unless otherwise provided in this section. (b) If, after receipt by the law enforcement agency, probation officer, and the district attorney of a request for relief under subdivision (a), the law enforcement agency, probation officer, and district attorney do not respond to the request by accepting or denying the request within 60 days after the running of the statute of limitations for the offense for which the minor was cited or arrested or within 60 days after receipt of the petition in cases where the statute of limitations has previously lapsed, then the request shall be deemed to be denied. In any case where the request of a minor to the law enforcement agency and probation officer to have a record destroyed is denied, petition may be made to the juvenile court that would have had jurisdiction over the matter. A copy of the petition shall be served on the district attorney of the county having jurisdiction over the offense at least 10 days prior to the hearing thereon. The district attorney may present evidence to the court at the hearing. Notwithstanding any other provision of law, any judicial determination of factual innocence made pursuant to this subdivision may be heard and determined upon declarations, affidavits, police reports, or any other evidence submitted by the parties that is material, relevant, and reliable. A finding of factual innocence and an order for the sealing and destruction of records pursuant to this subdivision or subdivision (d) shall not be made unless the court finds that no reasonable cause exists to believe that the minor committed the offense for which the arrest was made or the citation was issued. In any court hearing to determine the factual innocence of a minor, the initial burden of proof shall rest with the minor to show that no reasonable cause exists to believe that the minor committed the offense for which the arrest was made or the citation was issued. If the court finds that this showing of no reasonable cause has been made by the minor, then the burden of proof shall shift to the respondent to show that a reasonable cause exists to believe that the minor committed the offense for which the arrest was made or the citation was issued. (c) If the court finds the minor to be factually innocent of the charges for which the arrest was made or the citation was issued, then the court shall order the law enforcement agency and probation officer having jurisdiction over the offense, the Department of Justice, and any law enforcement agency or probation officer that arrested or cited the minor or participated in the arrest or citation of the minor for an offense for which the minor has been found factually innocent under this section, to seal their records relating to the minor and the court order to seal and destroy those records, for three years from the date of the arrest or citation and thereafter to destroy those records and the court order to seal and destroy those records. The court shall also order the law enforcement agency and probation officer having jurisdiction over the offense and the Department of Justice to request the destruction of any records of the arrest that they have given to any local, state, or federal agency, person or entity. Each state or local agency, person or entity within the State of California receiving that request shall destroy its records of the arrest or citation and the request to destroy those records, unless otherwise provided in this section. The court shall give to the minor a copy of any court order concerning the destruction of the arrest or citation records. (d) Notwithstanding Section 781, in any case where a minor has been arrested or a citation has been issued, and an accusatory pleading or petition to adjudge the minor a ward of the court has been filed, but not sustained, the minor may, at any time after dismissal of the proceeding, request in writing from the court that dismissed the proceeding a finding that the minor is factually innocent of the charges for which the arrest was made or the citation was issued. A copy of the request shall be served on the district attorney of the county in which the accusatory pleading or petition was filed at least 10 days prior to the hearing on the minor’s factual innocence. The district attorney may present evidence to the court at the hearing. The hearing shall be conducted as provided in subdivision (b). If the court finds the petitioner to be factually innocent of the charges for which the arrest was made or the citation was issued, then the court shall grant the relief as provided in subdivision (c). (e) Notwithstanding Section 781, in any case where a minor has been arrested or cited and an accusatory pleading or petition to adjudge the minor a ward of the court has been filed, but not sustained, and it appears to the judge presiding at the proceeding that the minor was factually innocent of the offense, the court, upon the written or oral motion of any party in the case or on the court’s own motion, may grant the relief provided in subdivision (c). If the district attorney objects to the court granting that relief, the district attorney may request a hearing as to the minor’s factual innocence . This hearing shall be conducted as provided in subdivision (b). (f) In any case where a minor who has been arrested or cited is granted relief pursuant to this section, the law enforcement agency and probation officer having jurisdiction over the offense or the court shall issue a written declaration to the minor stating that it is the determination of the law enforcement agency and probation officer having jurisdiction over the offense or the court that the minor is factually innocent of the charges for which the minor was arrested or cited and that the minor is thereby exonerated. Thereafter, the arrest or citation shall be deemed not to have occurred and the minor may answer accordingly any question relating to its occurrence. (g) The Department of Justice shall furnish forms to be utilized by minors requesting the destruction of their arrest or citation records and for the written declaration that a minor was found factually innocent under this section. (h) Documentation of arrest or citation records that are destroyed pursuant to this section that are contained in investigative police reports shall bear the notation “Exonerated” whenever reference is made to the minor. The minor shall be notified in writing by the law enforcement agency and probation officer having jurisdiction over the offense of the sealing and destruction of the arrest and citation records pursuant to this section. (i) Any finding that a minor is factually innocent pursuant to this section shall not be admissible as evidence in any action. (j) Destruction of records of arrest or citation pursuant to this section shall be accomplished by permanent obliteration of all entries or notations upon those records pertaining to the arrest or citation, and the record shall be prepared again so that it appears that the arrest or citation never occurred. However, where the only entries on the record pertain to the arrest or citation and the record can be destroyed without necessarily effecting the destruction of other records, then the document constituting the record shall be physically destroyed. (k) No records shall be destroyed pursuant to this section if the minor or another individual arrested or cited for the same offense has filed a civil action against the peace officers, law enforcement agency, or probation officer that made the arrest, issued the citation, or commenced the proceedings and if the agency or officer that is the custodian of those records has received a certified copy of the complaint in the civil action, until the civil action has been resolved. Any records sealed pursuant to this section by the court in the civil action, upon a showing of good cause, may be opened and submitted into evidence. The records shall be confidential and shall be available for inspection only by the court, jury, parties, counsel for the parties, and any other person authorized by the court. Immediately following the final resolution of the civil action, records subject to this section shall be sealed and destroyed pursuant to this section. (l) Any relief that is available to a minor under this section for an arrest or citation shall also be available for a minor who is taken into temporary custody and then released pursuant to Sections 625 and 626. (m) This section shall not apply to any offense that is classified as an infraction. (n) (1) This section shall be repealed on the effective date of a final judgment based on a claim under the California or United States Constitution holding that evidence that is relevant, reliable, and material may not be considered for purposes of a judicial determination of factual innocence under this section. For purposes of this subdivision, a judgment by the appellate division of a superior court is a final judgment if it is published and if it is not reviewed on appeal by a court of appeal. A judgment of a court of appeal is a final judgment if it is published and if it is not reviewed by the California Supreme Court. (2) Any decision referred to in this subdivision shall be stayed pending appeal. (3) If not otherwise appealed by a party to the action, any decision referred to in this subdivision that is a judgment by the appellate division of the superior court, shall be appealed by the Attorney General. (Added by Stats. 1999, Ch. 167, Sec. 1. Effective January 1, 2000. Conditionally repealed by its own provisions.)
782.
## 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 20. Wards—Modification of Juvenile Court Judgments and Orders [775 - 788] ( Heading of Article 20 renumbered from Article 11 by Stats. 1976, Ch. 1068. )
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A juvenile court judge may dismiss a petition or set aside the findings and dismiss it if dismissal serves justice and the person’s welfare, or if treatment or rehabilitation is not 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 20. Wards—Modification of Juvenile Court Judgments and Orders [775 - 788] ( Heading of Article 20 renumbered from Article 11 by Stats. 1976, Ch. 1068. ) ## 782. (a) (1) A judge of the juvenile court in which a petition was filed or that has taken jurisdiction of a case pursuant to Section 750 may dismiss the petition, or may set aside the findings and dismiss the petition, if the court finds that the interests of justice and the welfare of the person who is the subject of the petition require that dismissal, or if it finds that they are not in need of treatment or rehabilitation. The court has jurisdiction to order dismissal or setting aside of the findings and dismissal regardless of whether the person who is the subject of the petition is, at the time of the order, a ward or dependent child of the court. Nothing in this section shall be interpreted to require the court to maintain jurisdiction over a person who is the subject of a petition between the time the court’s jurisdiction over that person terminates and the point at which their petition is dismissed. (2) (A) When exercising its discretion under paragraph (1) at the time the court terminates jurisdiction or at any time thereafter, the court shall consider and afford great weight to evidence offered by a person to prove mitigating circumstances are present, including, but not limited to, satisfactory completion of a term of probation, that rehabilitation has been attained to the satisfaction of the court, that dismissal of the petition would not endanger public safety, or that the underlying offense is connected to mental illness, prior victimization, or childhood trauma. Proof of the presence of one or more mitigating circumstances weighs greatly in favor of dismissing the petition. (B) “Satisfactory completion of a term of probation” shall be interpreted consistent with subdivision (a) of Section 786. (C) “Rehabilitation has been attained to the satisfaction of the court” shall be interpreted consistent with subparagraph (A) of paragraph (1) of subdivision (a) of Section 781. (D) “Mental illness,” “childhood trauma,” “prior victimization,” and “endanger public safety” have the same meanings as defined in Section 1385 of the Penal Code. (E) The great weight standard set forth in this paragraph shall not be applicable in cases where an individual has been convicted in criminal court of a serious or violent felony. (F) For the purposes of subparagraph (E), a “serious or violent felony” means any offense defined in subdivision (c) of Section 667.5, or in subdivision (c) of Section 1192.7, of the Penal Code. (G) The absence of the great weight standard under the circumstances described in this paragraph shall not affect the court’s authority under paragraph (1). (b) The reasons for a decision under this section shall be stated orally on the record. The court shall also set forth the reasons in an order entered upon the minutes if requested by either party or in any case in which the proceedings are not being recorded electronically or reported by a court reporter. (c) The court has authority to exercise discretion pursuant to subdivision (a) at any time after the filing of the petition. (d) The court has authority to exercise discretion pursuant to subdivision (a) regardless of whether a petition was sustained at trial, by admission or plea agreement. (e) Dismissal of a petition, or setting aside of the findings and dismissal of a petition, pursuant to this section, after the person was declared a ward, does not alone constitute a sealing of records as defined in Section 781 or 786. Any unsealed records pertaining to the dismissed petition may be accessed, inspected, or used by the court, the probation department, the prosecuting attorney, or counsel for the minor in juvenile court proceedings commenced by the filing of a new petition alleging the person is a person described by Section 602. (f) Dismissal of the petition, or setting aside the findings and dismissal of the petition, pursuant to this section does not relieve a person from the obligation to pay unfulfilled victim restitution ordered pursuant a civil judgment under Section 730.6. (Amended by Stats. 2022, Ch. 970, Sec. 1. (AB 2629) Effective January 1, 2023.)
783.
## 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 20. Wards—Modification of Juvenile Court Judgments and Orders [775 - 788] ( Heading of Article 20 renumbered from Article 11 by Stats. 1976, Ch. 1068. )
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A minor’s adjudication for violating certain Vehicle Code provisions must be reported to the Department of Motor Vehicles in Sacramento within 10 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 20. Wards—Modification of Juvenile Court Judgments and Orders [775 - 788] ( Heading of Article 20 renumbered from Article 11 by Stats. 1976, Ch. 1068. ) ## 783. An adjudication that a minor violated any of the provisions enumerated in subdivision (d) of Section 13202.5 of the Vehicle Code shall be reported to the Department of Motor Vehicles at its office in Sacramento within 10 days of the adjudication pursuant to Section 1803 of the Vehicle Code. (Amended by Stats. 1988, Ch. 1254, Sec. 5.)
784.
## 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 20. Wards—Modification of Juvenile Court Judgments and Orders [775 - 788] ( Heading of Article 20 renumbered from Article 11 by Stats. 1976, Ch. 1068. )
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The clerk must prepare, certify, and send an abstract of the record to the Department of Motor Vehicles after certain juvenile adjudications.

## 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 20. Wards—Modification of Juvenile Court Judgments and Orders [775 - 788] ( Heading of Article 20 renumbered from Article 11 by Stats. 1976, Ch. 1068. ) ## 784. Notwithstanding any other provision of law, upon any adjudication that a minor violated any provision of law for which a report would be required under Section 1803 of the Vehicle Code, including any determination that because of the act the minor is a person described in Section 601 or 602 or that a program of supervision should be instituted for the minor, the clerk shall, not more than 30 days after the violation and in no case later than 10 days after the adjudication, prepare an abstract of the record, certify the abstract to be true and correct, and immediately forward the abstract to the Department of Motor Vehicles. The record shall be a public record subject to disclosure in the same manner as reports made under Section 1803 of the Vehicle Code. (Added by Stats. 1989, Ch. 1465, Sec. 6.)
785.
## 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 20. Wards—Modification of Juvenile Court Judgments and Orders [775 - 788] ( Heading of Article 20 renumbered from Article 11 by Stats. 1976, Ch. 1068. )
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Certain people may ask the juvenile court to end or change a wardship, and the court must hold a hearing and give 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 20. Wards—Modification of Juvenile Court Judgments and Orders [775 - 788] ( Heading of Article 20 renumbered from Article 11 by Stats. 1976, Ch. 1068. ) ## 785. (a) Where a minor is a ward of the juvenile court, the wardship did not result in the minor’s commitment to the Youth Authority, and the minor is found not to be a fit and proper subject to be dealt with under the juvenile court law with respect to a subsequent allegation of criminal conduct, any parent or other person having an interest in the minor, or the minor, through a properly appointed guardian, the prosecuting attorney, or probation officer, may petition the court in the same action in which the minor was found to be a ward of the juvenile court for a hearing for an order to terminate or modify the jurisdiction of the juvenile court. The court shall order that a hearing be held and shall give prior notice, or cause prior notice to be given, to those persons and by the means prescribed by Sections 776 and 779, by electronic service pursuant to Section 212.5, or where the means of giving notice is not prescribed by those sections, then by such means as the court prescribes. (b) The petition shall be verified and shall state why jurisdiction should be terminated or modified in concise language. (c) In determining whether or not the wardship shall terminate or be modified, the court shall be guided by the policies set forth in Section 202. (d) In addition to its authority under this chapter, the Judicial Council shall adopt rules providing criteria for the consideration of the juvenile court in determining whether or not to terminate or modify jurisdiction pursuant to this section. (Amended by Stats. 2017, Ch. 319, Sec. 146. (AB 976) Effective January 1, 2018.)
786.
## 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 20. Wards—Modification of Juvenile Court Judgments and Orders [775 - 788] ( Heading of Article 20 renumbered from Article 11 by Stats. 1976, Ch. 1068. )
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If a juvenile ward completes the listed supervision or probation conditions, the court must dismiss the petition and seal related records, with some limits and exceptions.

## 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 20. Wards—Modification of Juvenile Court Judgments and Orders [775 - 788] ( Heading of Article 20 renumbered from Article 11 by Stats. 1976, Ch. 1068. ) ## 786. (a) If a person who has been alleged or found to be a ward of the juvenile court satisfactorily completes (1) an informal program of supervision pursuant to Section 654.2, (2) probation under Section 725, or (3) a term of probation for any offense, the court shall order the petition dismissed. The court shall order sealed all records pertaining to the dismissed petition in the custody of the juvenile court, and in the custody of law enforcement agencies, the probation department, or the Department of Justice. Defense counsel for the minor shall not be ordered to seal their records. The court shall send a copy of the order to each agency and official named in the order, direct the agency or official to seal its records, and specify a date by which the sealed records shall be destroyed. If a record contains a sustained petition rendering the person ineligible to own or possess a firearm until 30 years of age pursuant to Section 29820 of the Penal Code, then the date the sealed records shall be destroyed is the date upon which the person turns 33 years of age. Each agency and official named in the order shall seal the records in its custody as directed by the order, shall advise the court of its compliance, and, after advising the court, shall seal the copy of the court’s order that was received. The court shall also provide notice to the person and the person’s counsel that it has ordered the petition dismissed and the records sealed in the case. The notice shall include an advisement of the person’s right to nondisclosure of the arrest and proceedings, as specified in subdivision (b). (b) Upon the court’s order of dismissal of the petition, the arrest and other proceedings in the case shall be deemed not to have occurred and the person who was the subject of the petition may reply accordingly to an inquiry by employers, educational institutions, or other persons or entities regarding the arrest and proceedings in the case. (c) (1) For purposes of this section, satisfactory completion of an informal program of supervision or another term of probation described in subdivision (a) shall be deemed to have occurred if the person has no new findings of wardship or conviction for a felony offense or a misdemeanor involving moral turpitude during the period of supervision or probation and if the person has not failed to substantially comply with the reasonable orders of supervision or probation that are within their capacity to perform. The period of supervision or probation shall not be extended solely for the purpose of deferring or delaying eligibility for dismissal of the petition and sealing of the records under this section. (2) An unfulfilled order or condition of restitution, including a restitution fine that can be converted to a civil judgment under Section 730.6 or an unpaid restitution fee shall not be deemed to constitute unsatisfactory completion of supervision or probation under this section. (d) A court shall not seal a record or dismiss a petition pursuant to this section if the petition was sustained based on the commission of an offense listed in subdivision (b) of Section 707 that was committed when the individual was 14 years of age or older unless the finding on that offense was dismissed or was reduced to a misdemeanor or to a lesser offense that is not listed in subdivision (b) of Section 707. (e) If a person who has been alleged to be a ward of the juvenile court has their petition dismissed by the court, whether on the motion of the prosecution or on the court’s own motion, or if the petition is not sustained by the court after an adjudication hearing, the court shall order sealed all records pertaining to the dismissed petition in the custody of the juvenile court, and in the custody of law enforcement agencies, the probation department, or the Department of Justice. The court shall send a copy of the order to each agency and official named in the order, direct the agency or official to seal its records, and specify a date by which the sealed records shall be destroyed. Each agency and official named in the order shall seal the records in its custody as directed by the order, shall advise the court of its compliance, and, after advising the court, shall seal the copy of the court’s order that was received. The court shall also provide notice to the person and the person’s counsel that it has ordered the petition dismissed and the records sealed in the case. The notice shall include an advisement of the person’s right to nondisclosure of the arrest and proceedings, as specified in subdivision (b). (f) (1) The court may, in making its order to seal the record and dismiss the instant petition pursuant to this section, include an order to seal a record relating to, or to dismiss, any prior petition or petitions that have been filed or sustained against the individual and that appear to the satisfaction of the court to meet the sealing and dismissal criteria otherwise described in this section. (2) An individual who has a record that is eligible to be sealed under this section may ask the court to order the sealing of a record pertaining to the case that is in the custody of a public agency other than a law enforcement agency, the probation department, or the Department of Justice, and the court may grant the request and order that the public agency record be sealed if the court determines that sealing the additional record will promote the successful reentry and rehabilitation of the individual. (g) (1) A record that has been ordered sealed by the court under this section may be accessed, inspected, or utilized only under any of the following circumstances: (A) By the prosecuting attorney, the probation department, or the court for the limited purpose of determining whether the minor is eligible and suitable for deferred entry of judgment pursuant to Section 790 or is ineligible for a program of supervision as defined in Section 654.3. (B) By the court for the limited purpose of verifying the prior jurisdictional status of a ward who is petitioning the court to resume its jurisdiction pursuant to subdivision (e) of Section 388. (C) If a new petition has been filed against the minor for a felony offense, by the probation department for the limited purpose of identifying the minor’s previous court-ordered programs or placements, and in that event solely to determine the individual’s eligibility or suitability for remedial programs or services. The information obtained pursuant to this subparagraph shall not be disseminated to other agencies or individuals, except as necessary to implement a referral to a remedial program or service, and shall not be used to support the imposition of penalties, detention, or other sanctions upon the minor. (D) Upon a subsequent adjudication of a minor whose record has been sealed under this section and a finding that the minor is a person described by Section 602 based on the commission of a felony offense, by the probation department, the prosecuting attorney, counsel for the minor, or the court for the limited purpose of determining an appropriate juvenile court disposition. Access, inspection, or use of a sealed record as provided under this subparagraph shall not be construed as a reversal or modification of the court’s order dismissing the petition and sealing the record in the prior case. (E) Upon the prosecuting attorney’s motion, made in accordance with Section 707, to initiate court proceedings to determine whether the case should be transferred to a court of criminal jurisdiction, by the probation department, the prosecuting attorney, counsel for the minor, or the court for the limited purpose of evaluating and determining if such a transfer is appropriate. Access, inspection, or use of a sealed record as provided under this subparagraph shall not be construed as a reversal or modification of the court’s order dismissing the petition and sealing the record in the prior case. (F) By the person whose record has been sealed, upon their request and petition to the court to permit inspection of the records. (G) By the probation department of any county to access the records for the limited purpose of meeting federal Title IV-B and Title IV-E compliance. (H) The child welfare agency of a county responsible for the supervision and placement of a minor or nonminor dependent may access a record that has been ordered sealed by the court under this section for the limited purpose of determining an appropriate placement or service that has been ordered for the minor or nonminor dependent by the court. The information contained in the sealed record and accessed by the child welfare worker or agency under this subparagraph may be shared with the court but shall in all other respects remain confidential and shall not be disseminated to any other person or agency. Access to the sealed record under this subparagraph shall not be construed as a modification of the court’s order dismissing the petition and sealing the record in the case. (I) By the prosecuting attorney for the evaluation of charges and prosecution of offenses pursuant to Section 29820 of the Penal Code. (J) By the Department of Justice for the purpose of determining if the person is suitable to purchase, own, or possess a firearm, consistent with Section 29820 of the Penal Code. (K) (i) A record that has been sealed pursuant to this section may be accessed, inspected, or utilized by the prosecuting attorney in order to meet a statutory or constitutional obligation to disclose favorable or exculpatory evidence to a defendant in a criminal case in which the prosecuting attorney has reason to believe that access to the record is necessary to meet the disclosure obligation. A request to access information in the sealed record for this purpose, including the prosecutor’s rationale for believing that access to the information in the record may be necessary to meet the disclosure obligation and the date by which the records are needed, shall be submitted by the prosecuting attorney to the juvenile court. The juvenile court shall notify the person having the sealed record, including the person’s attorney of record, that the court is considering the prosecutor’s request to access the record, and the court shall provide that person with the opportunity to respond, in writing or by appearance, to the request prior to making its determination. The juvenile court shall review the case file and records that have been referenced by the prosecutor as necessary to meet the disclosure obligation and any response submitted by the person having the sealed record. The court shall approve the prosecutor’s request to the extent that the court has, upon review of the relevant records, determined that access to a specific sealed record or portion of a sealed record is necessary to enable the prosecuting attorney to comply with the disclosure obligation. If the juvenile court approves the prosecuting attorney’s request, the court shall state on the record appropriate limits on the access, inspection, and utilization of the sealed record information in order to protect the confidentiality of the person whose sealed record is accessed pursuant to this subparagraph. A ruling allowing disclosure of information pursuant to this subdivision does not affect whether the information is admissible in a criminal or juvenile proceeding. This subparagraph does not impose any discovery obligations on a prosecuting attorney that do not already exist. (ii) This subparagraph shall not apply to juvenile case files pertaining to matters within the jurisdiction of the juvenile court pursuant to Section 300. (L) If a new petition has been filed against the minor in juvenile court and the issue of competency is raised, by the probation department, the prosecuting attorney, counsel for the minor, and the court for the purpose of assessing the minor’s competency in the proceedings on the new petition. Access, inspection, or utilization of the sealed records is limited to any prior competency evaluations submitted to the court, whether ordered by the court or not, all reports concerning remediation efforts and success, all court findings and orders relating to the minor’s competency, and any other evidence submitted to the court for consideration in determining the minor’s competency, including, but not limited to, school records and other test results. The information obtained pursuant to this subparagraph shall not be disseminated to any other person or agency except as necessary to evaluate the minor’s competency or provide remediation services, and shall not be used to support the imposition of penalties, detention, or other sanctions on the minor. Access to the sealed record under this subparagraph shall not be construed as a modification of the court’s order dismissing the petition and sealing the record in the case. (M) A record that was sealed pursuant to this section that was generated in connection with the investigation, prosecution, or adjudication of a qualifying offense as defined in subdivision (c) of Section 679.10 of the Penal Code may be accessed by a judge or prosecutor for the limited purpose of processing a request of a victim or victim’s family member to certify victim helpfulness on the Form I-918 Supplement B certification or Form I-914 Supplement B declaration. The information obtained pursuant to this subparagraph shall not be disseminated to other agencies or individuals, except as necessary to certify victim helpfulness on the Form I-918 Supplement B certification or Form I-914 Supplement B declaration, and under no circumstances shall it be used to support the imposition of penalties, detention, or other sanctions upon an individual. (2) When a record has been sealed by the court based on a dismissed petition pursuant to subdivision (e), the prosecutor, within six months of the date of dismissal, may petition the court to access, inspect, or utilize the sealed record for the limited purpose of refiling the dismissed petition based on new circumstances, including, but not limited to, new evidence or witness availability. The court shall determine whether the new circumstances alleged by the prosecutor provide sufficient justification for accessing, inspecting, or utilizing the sealed record in order to refile the dismissed petition. (3) Access to, or inspection of, a sealed record authorized by paragraphs (1) and (2) shall not be deemed an unsealing of the record and shall not require notice to any other agency. (h) (1) This section does not prohibit a court from enforcing a civil judgment for an unfulfilled order of restitution ordered pursuant to Section 730.6. A minor is not relieved from the obligation to pay victim restitution, restitution fines, and court-ordered fines and fees because the minor’s records are sealed. (2) A victim or a local collection program may continue to enforce victim restitution orders, restitution fines, and court-ordered fines and fees after a record is sealed. The juvenile court shall have access to records sealed pursuant to this section for the limited purpose of enforcing a civil judgment or restitution order. (i) This section does not prohibit the State Department of Social Services from meeting its obligations to monitor and conduct periodic evaluations of, and provide reports on, the programs carried under federal Title IV-B and Title IV-E as required by Sections 622, 629 et seq., and 671(a)(7) and (22) of Title 42 of the United States Code, as implemented by federal regulation and state statute. (j) The Judicial Council shall adopt rules of court, and shall make available appropriate forms, providing for the standardized implementation of this section by the juvenile courts. (Amended by Stats. 2025, Ch. 241, Sec. 74. (SB 857) Effective January 1, 2026.)
786.5.
## 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 20. Wards—Modification of Juvenile Court Judgments and Orders [775 - 788] ( Heading of Article 20 renumbered from Article 11 by Stats. 1976, Ch. 1068. )
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The probation department must seal certain juvenile arrest, citation, and related records when specified diversion or supervision programs are satisfactorily completed, and related agencies must also seal their records within set deadlines.

## 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 20. Wards—Modification of Juvenile Court Judgments and Orders [775 - 788] ( Heading of Article 20 renumbered from Article 11 by Stats. 1976, Ch. 1068. ) ## 786.5. (a) Notwithstanding any other law, the probation department shall seal the citation, arrest, and other records in its custody relating to a juvenile’s arrest and referral and participation in a diversion or supervision program under both of the following circumstances: (1) Upon satisfactory completion of a program of diversion or supervision to which a juvenile is referred by the probation officer in lieu of the filing of a petition to adjudge the juvenile a ward of the juvenile court, including a program of informal supervision pursuant to Section 654. (2) Upon satisfactory completion of a program of diversion or supervision to which a juvenile is referred by the prosecutor in lieu of the filing of a petition to adjudge the juvenile a ward of the juvenile court, including a program of informal supervision pursuant to Section 654. (b) The probation department shall notify the citing or arresting law enforcement agency and the Department of Justice to seal the citation or arrest records described in subdivisions (a) and (g), and the citing or arresting law enforcement agency and the Department of Justice shall seal the records in their custody relating to the arrest no later than 60 days from the date of notification by the probation department. Upon sealing, the citing or arresting law enforcement agency and the Department of Justice shall notify the probation department that the records have been sealed. Within 30 days from receipt of notification by the citing or arresting law enforcement agency and the Department of Justice that the records have been sealed pursuant to this section, the probation department shall notify the minor in writing that their record has been sealed pursuant to this section. If records have not been sealed pursuant to this section, the written notice from the probation department shall inform the minor of their ability to petition the court directly to seal their citation, arrest, and other related records. (c) Upon sealing of the records pursuant to this section, the arrest or offense giving rise to any of the circumstances specified in subdivision (a) shall be deemed not to have occurred and the individual may respond accordingly to any inquiry, application, or process in which disclosure of this information is requested or sought. (d) (1) For the records relating to the circumstances described in subdivision (a), the probation department shall issue notice as follows: (A) The probation department shall notify a public or private agency operating a diversion program to which the juvenile has been referred under these circumstances to seal records in the program operator’s custody relating to the arrest or referral and the participation of the juvenile in the diversion or supervision program, and the operator of the program shall seal the records in its custody relating to the juvenile’s arrest or referral and participation in the program no later than 60 days from the date of notification by the probation department. Upon sealing, the public or private agency operating a diversion program shall notify the probation department that the records have been sealed. (B) The probation department shall notify the participant in the supervision or diversion program in writing that their record has been sealed pursuant to the provisions of this section based on their satisfactory completion of the program. If the record is not sealed, the probation department shall notify the participant in writing of the reason or reasons for not sealing the record. (2) An individual who receives notice from the probation department that the individual has not satisfactorily completed the diversion program and that the record has not been sealed pursuant to this section may petition the juvenile court for review of the decision in a hearing in which the program participant may seek to demonstrate, and the court may determine, that the individual has met the satisfactory completion requirement and is eligible for the sealing of the record by the probation department, the arresting law enforcement agency, and the program operator under the provisions of this section. (e) Satisfactory completion of the program of supervision or diversion shall be defined for purposes of this section as substantial compliance by the participant with the reasonable terms of program participation that are within the capacity of the participant to perform. A determination of satisfactory or unsatisfactory completion shall be made by the probation department within 60 days of completion of the program by the juvenile, or, if the juvenile does not complete the program, within 60 days of determining that the program has not been completed by the juvenile. (f) (1) Notwithstanding subdivision (a), the probation department of a county responsible for the supervision of a person may access a record sealed by a probation department pursuant to this section for the sole purpose of complying with subdivision (e) of Section 654.3. The information contained in the sealed record and accessed by the probation department under this paragraph shall in all other respects remain confidential and shall not be disseminated to any other person or agency. Access to, or inspection of, a sealed record authorized by this paragraph shall not be deemed an unsealing of the record and shall not require notice to any other agency. (2) (A) Any record, that has been sealed pursuant to this section may be accessed, inspected, or utilized by the prosecuting attorney in order to meet a statutory or constitutional obligation to disclose favorable or exculpatory evidence to a defendant in a criminal case in which the prosecuting attorney has reason to believe that access to the record is necessary to meet the disclosure obligation. (B) (i) A prosecuting attorney shall not use information contained in a record sealed pursuant to this section for any purpose other than those provided in subparagraph (A). (ii) Once the case referenced in subparagraph (A) has been closed and is no longer subject to review on appeal, the prosecuting attorney shall destroy any records obtained pursuant to this subparagraph. (g) The probation department, the Department of Justice, and law enforcement agencies shall seal the citation, arrest, and other records in their custody relating to a juvenile’s citation, arrest, and detention if the prosecutor has declined to initiate proceedings within the applicable statute of limitations, and notified the probation department of that decision. Upon notification of the prosecutor’s decision, the probation department shall seal the citation, arrest, and other records in its custody and proceed pursuant to subdivision (b). This subdivision shall not affect any other applicable remedies for sealing of juvenile case files. (h) If the probation department deems it unnecessary to refer the juvenile to a program of diversion or supervision, or elects to counsel the juvenile and take no further action, the probation department shall seal the citation, arrest, and other records in its custody and proceed pursuant to subdivision (b). In any case that was referred to the prosecuting attorney and the prosecuting attorney notifies the probation officer that it has declined to file a petition, the probation department shall seal the arrest and other records in its custody relating to the juvenile’s arrest and proceed according to subdivision (b). (Amended by Stats. 2024, Ch. 811, Sec. 2.5. (AB 1877) Effective January 1, 2025.)
787.
## 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 20. Wards—Modification of Juvenile Court Judgments and Orders [775 - 788] ( Heading of Article 20 renumbered from Article 11 by Stats. 1976, Ch. 1068. )
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Certain sealed juvenile records may be accessed for limited reporting or research purposes, but personally identifying information cannot 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 20. Wards—Modification of Juvenile Court Judgments and Orders [775 - 788] ( Heading of Article 20 renumbered from Article 11 by Stats. 1976, Ch. 1068. ) ## 787. (a) Notwithstanding any other law, a record sealed pursuant to Section 781, 786, 786.5, or 788 may be accessed by a law enforcement agency, probation department, court, the Department of Justice, or other state or local agency that has custody of the sealed record for the limited purpose of complying with data collection or data reporting requirements that are imposed by other provisions of law. However, no personally identifying information from a sealed record accessed under this subdivision may be released, disseminated, or published by or through an agency, department, court, or individual that has accessed or obtained information from the sealed record. (b) Notwithstanding any other law, a court may authorize a researcher or research organization to access information contained in records that have been sealed pursuant to Section 781, 786, 786.5, or 788 for the purpose of conducting research on juvenile justice populations, practices, policies, or trends, if both of the following are true: (1) The court is satisfied that the research project or study includes a methodology for the appropriate protection of the confidentiality of an individual whose sealed record is accessed pursuant to this subdivision. (2) Personally identifying information relating to the individual whose sealed record is accessed pursuant to this subdivision is not further released, disseminated, or published by or through the researcher or research organization. (c) For the purposes of this section “personally identifying information” has the same meaning as in Section 1798.79.8 of the Civil Code. (Amended by Stats. 2024, Ch. 811, Sec. 3. (AB 1877) Effective January 1, 2025.)
788.
## 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 20. Wards—Modification of Juvenile Court Judgments and Orders [775 - 788] ( Heading of Article 20 renumbered from Article 11 by Stats. 1976, Ch. 1068. )
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This section requires probation officers and courts to seal certain juvenile case records, with specific exceptions, notice rules, access limits, and later destruction requirements.

## 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 20. Wards—Modification of Juvenile Court Judgments and Orders [775 - 788] ( Heading of Article 20 renumbered from Article 11 by Stats. 1976, Ch. 1068. ) ## 788. (a) Notwithstanding Section 781, of this code or Section 1203.47 of the Penal Code, if a petition has been filed with a juvenile court to commence proceedings to adjudge a person a ward of the court, the county probation officer shall do either of the following once the person has reached 18 years of age: (1) If the person will not remain under the juvenile court’s delinquency jurisdiction, the county probation officer shall petition the court to seal the records relating to the person’s case that are in the custody of the juvenile court, probation officer, law enforcement agency, or any other private or public agency. The probation officer shall provide a copy of the petition to the minor and their counsel at least 30 days prior to filing the petition. (2) If the person will remain under the juvenile court’s delinquency jurisdiction, the county probation officer shall petition the court as specified in paragraph (1) no later than one year after the termination of the juvenile court’s delinquency jurisdiction. (b) All of the following shall not be sealed pursuant to this section: (1) A person’s juvenile court records relating to a case that was transferred from juvenile court to a court of criminal jurisdiction under Section 707.1 if the person was convicted in the court of criminal jurisdiction. (2) A person’s juvenile court records relating to an offense listed in subdivision (b) of Section 707 that was committed when the person was 14 years of age or older, unless that offense was dismissed or reduced to a misdemeanor or a lesser offense that is not listed in subdivision (b) of Section 707. (3) A person’s juvenile court records relating to an offense for which the person is required to register pursuant to Section 290.008 of the Penal Code. (c) If the court finds that the person has not been convicted of a felony or a misdemeanor involving moral turpitude after the juvenile court’s jurisdiction was terminated, it shall order sealed all records, papers, and exhibits in the person’s case that are in the custody of the juvenile court, law enforcement agency, probation department, Department of Justice, or any other private or public agency, including the juvenile court record, minute book entries, docket entries, and arrest records. The person’s defense counsel shall not be ordered to seal their records. The court shall send a copy of the order to each agency named in the order. Each agency shall seal the records in its custody as directed by the order, send a notice to the court that it has complied with the order, and seal the copy of the court’s order the agency received. (d) If the court has ordered the person’s records sealed, the proceedings of the sealed case shall be deemed never to have occurred and the person may properly reply accordingly to any inquiry about the events. (e) When the probation officer does not file a petition pursuant to this section, the probation officer shall notify, in writing, the person and their counsel of the reason for not filing the petition. (f) (1) A record that has been ordered sealed by the court under this section may be accessed, inspected, or utilized only under any of the following circumstances: (A) If the person who is the subject of the sealed records petitions the court to permit inspection of the records and the court grants inspection. (B) By the court for the limited purpose of verifying the prior jurisdictional status of a ward who is petitioning the court to resume its jurisdiction pursuant to subdivision (e) of Section 388. (C) (i) By the prosecuting attorney in order to meet a statutory or constitutional obligation to disclose favorable or exculpatory evidence to a defendant in a criminal case in which the prosecuting attorney has reason to believe that access to the record is necessary to meet the disclosure obligation. The prosecuting attorney shall submit a request to the juvenile court to access information in the sealed record for this purpose. The request shall include the prosecutor’s rationale for believing that access to the information in the record may be necessary to meet the disclosure obligation and the date by which the records are needed. The juvenile court shall notify the subject of the sealed records and their attorney of the prosecutor’s request and provide them with the opportunity to respond, in writing or by appearance, to the request. The court shall approve the prosecutor’s request if, upon review of the relevant records, it determines that access to a specific sealed record or portion of a sealed record is necessary to enable the prosecuting attorney to comply with the disclosure obligation. If the juvenile court approves the prosecuting attorney’s request, the court shall state on the record appropriate limits on the access, inspection, and utilization of the sealed records in order to protect the confidentiality of the subject of the sealed records. A court ruling allowing disclosure of information pursuant to this subdivision does not affect whether the information is admissible in a criminal or juvenile proceeding. (ii) This subparagraph does not impose any additional discovery obligations on a prosecuting attorney. (iii) This subparagraph does not apply to juvenile case files pertaining to matters within the jurisdiction of the juvenile court pursuant to Section 300. (2) Access to, or inspection of, a sealed record authorized by this subdivision is not considered an unsealing of the record and does not require notice to any other agency. (g) (1) This section does not apply to records in the custody of the Department of Motor Vehicles relating to a conviction for an offense under the Vehicle Code or any local ordinance relating to the operation, stopping and standing, or parking of a vehicle if the record of the conviction would be a public record under Section 1808 of the Vehicle Code. However, if a court orders the record containing this conviction to be sealed under this section, and the department maintains a public record of the conviction, the court shall notify the department of the sealing. (2) Notwithstanding any other law, if the department is notified by the court of a sealing pursuant to this subdivision, the department shall allow access to its record of conviction only to the subject of the record and to insurers that have been granted requestor code numbers by the department. An insurer that has been given access to a record of conviction shall be given notice of the sealing when the record is disclosed. The insurer may use the information contained in the record for purposes of determining eligibility for insurance and insurance rates for the subject of the record. The insurer shall not use the information for any other purpose and shall not disclose it to any other person or agency. (h) A petition for sealing shall not be denied due to an unfulfilled order of restitution or restitution fine. (i) (1) This section does not prohibit a court from enforcing a civil judgment for an unfulfilled order of restitution obtained pursuant to Section 730.6. A person is not relieved from the obligation to pay victim restitution, a restitution fine, or a court-ordered fine because their records are sealed. (2) The juvenile court shall have access to any records sealed pursuant to this section for the limited purpose of enforcing a civil judgment or restitution order. (j) A court shall not grant relief under this section unless the prosecuting attorney has been given 15 days’ notice of the petition for sealing. The probation officer shall notify the prosecuting attorney when a petition is filed. If the prosecuting attorney fails to appear or object to the petition after receiving notice, the prosecuting attorney shall not move to set aside or otherwise appeal the grant of that petition. (k) Unless the court determines there is good cause to retain the juvenile court record, the court shall order the destruction of a person’s juvenile court records that are sealed pursuant to this section. (1) If the subject of the record was alleged or adjudged to be a person described by Section 601, the court shall order the destruction five years after the record was ordered sealed. (2) If the subject of the record was alleged or adjudged to be a person described by Section 602, the court shall order the destruction when the subject reaches 38 years of age. If the subject was found to be a person described in Section 602 because of the commission of an offense listed in subdivision (b) of Section 707 and was 14 years of age or older at the time of the offense, the records shall not be destroyed. (3) The court shall order any other agency in possession of sealed records to destroy its records five years after the records were ordered sealed. (l) The relief provided in this section does not preclude any other relief provided by law. (Amended by Stats. 2025, Ch. 241, Sec. 75. (SB 857) Effective January 1, 2026.)
790.
## 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 20.5. Deferred Entry of Judgment [790 - 795] ( Article 20.5 added March 7, 2000, by initiative Proposition 21, Sec. 29. )
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This section lets a juvenile court use deferred entry of judgment in certain felony cases if the minor meets specified eligibility conditions.

## 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 20.5. Deferred Entry of Judgment [790 - 795] ( Article 20.5 added March 7, 2000, by initiative Proposition 21, Sec. 29. ) ## 790. (a) Notwithstanding Section 654 or 654.2, or any other provision of law, this article shall apply whenever a case is before the juvenile court for a determination of whether a minor is a person described in Section 602 because of the commission of a felony offense, if all of the following circumstances apply: (1) The minor has not previously been declared to be a ward of the court for the commission of a felony offense. (2) The offense charged is not one of the offenses enumerated in subdivision (b) of Section 707. (3) The minor has not previously been committed to the custody of the Department of Corrections and Rehabilitation, Division of Juvenile Facilities. (4) The minor’s record does not indicate that probation has ever been revoked without being completed. (5) The minor is at least 14 years of age at the time of the hearing. (6) The minor is eligible for probation pursuant to Section 1203.06 of the Penal Code. (7) The offense charged is not rape, sodomy, oral copulation, or an act of sexual penetration specified in Section 289 of the Penal Code when the victim was prevented from resisting due to being rendered unconscious by any intoxicating, anesthetizing, or controlled substance, or when the victim was at the time incapable, because of mental disorder or developmental or physical disability, of giving consent, and that was known or reasonably should have been known to the minor at the time of the offense. (b) The prosecuting attorney shall review their file to determine whether or not paragraphs (1) to (7), inclusive, of subdivision (a) apply. If the minor is found eligible for deferred entry of judgment, the prosecuting attorney shall file a declaration in writing with the court or state for the record the grounds upon which the determination is based, and shall make this information available to the minor and their attorney. Upon a finding that the minor is also suitable for deferred entry of judgment and would benefit from education, treatment, and rehabilitation efforts, the court may grant deferred entry of judgment. Under this procedure, the court may set the hearing for deferred entry of judgment at the initial appearance under Section 657. The court shall make findings on the record that a minor is appropriate for deferred entry of judgment pursuant to this article in any case where deferred entry of judgment is granted. (c) (1) If a minor is eligible for deferred entry of judgment, but the minor resides in a different county and the case will be transferred, as described in Section 750, the court may adjudicate the case without determining the minor’s suitability for deferred entry of judgment to enable the court in the minor’s county of residence to make that determination. (2) If a minor is eligible for deferred entry of judgment, but the court did not determine the minor’s suitability for deferred entry of judgment pursuant to paragraph (1), upon transfer of the case to the minor’s county of residence, the receiving court may, prior to determining the disposition of the case, determine the minor’s suitability for deferred entry of judgment and modify the transferring court’s finding accordingly. (Amended by Stats. 2021, Ch. 603, Sec. 2. (SB 383) Effective January 1, 2022. Note: This section was added on March 7, 2000, by initiative Prop. 21.)
791.
## 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 20.5. Deferred Entry of Judgment [790 - 795] ( Article 20.5 added March 7, 2000, by initiative Proposition 21, Sec. 29. )
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This section requires the prosecutor’s written notice to the minor to explain deferred entry of judgment and related roles, and it sets the conditions for granting, completing, or revoking that process.

## 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 20.5. Deferred Entry of Judgment [790 - 795] ( Article 20.5 added March 7, 2000, by initiative Proposition 21, Sec. 29. ) ## 791. (a) The prosecuting attorney’s written notification to the minor shall also include all of the following: (1) A full description of the procedures for deferred entry of judgment. (2) A general explanation of the roles and authorities of the probation department, the prosecuting attorney, the program, and the court in that process. (3) A clear statement that, in lieu of jurisdictional and disposition hearings, the court may grant a deferred entry of judgment with respect to any offense charged in the petition, provided that the minor admits each allegation contained in the petition and waives time for the pronouncement of judgment, and that upon the successful completion of the terms of probation, as defined in Section 794, the positive recommendation of the probation department, and the motion of the prosecuting attorney, but no sooner that 12 months and no later than 36 months from the date of the minor’s referral to the program, the court shall dismiss the charge or charges against the minor. (4) A clear statement that upon any failure of the minor to comply with the terms of probation, including the rules of any program the minor is directed to attend, or any circumstances specified in Section 793, the prosecuting attorney or the probation department, or the court on its own, may make a motion to the court for entry of judgment and the court shall render a finding that the minor is a ward of the court pursuant to Section 602 for the offenses specified in the original petition and shall schedule a dispositional hearing. (5) An explanation of record retention and disposition resulting from participation in the deferred entry of judgment program and the minor’s rights relative to answering questions about their arrest and deferred entry of judgment following successful completion of the program. (b) If the minor consents and waives their right to a speedy jurisdictional hearing, the court may refer the case to the probation department or the court may summarily grant deferred entry of judgment if the minor admits the charges in the petition and waives time for the pronouncement of judgment. When directed by the court, the probation department shall make an investigation and take into consideration the defendant’s age, maturity, educational background, family relationships, demonstrable motivation, treatment history, if any, and other mitigating and aggravating factors in determining whether the minor is a person who would be benefited by education, treatment, or rehabilitation. The probation department shall also determine which programs would accept the minor. The probation department shall report its findings and recommendations to the court. The court shall make the final determination regarding education, treatment, and rehabilitation of the minor. (c) If a minor is eligible for deferred entry of judgment, but the court did not determine the minor’s suitability for deferred entry of judgment pursuant to paragraph (1) of subdivision (c) of Section 790, when the case is transferred, the receiving court may, prior to determining the disposition of the case, order the probation department to make an investigation and report pursuant to subdivision (b) to determine the minor’s suitability for deferred entry of judgment. (d) A minor’s admission of the charges contained in the petition pursuant to this chapter shall not constitute a finding that a petition has been sustained for any purpose, unless a judgment is entered pursuant to subdivision (b) of Section 793. (Amended by Stats. 2021, Ch. 603, Sec. 3. (SB 383) Effective January 1, 2022.)
792.
## 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 20.5. Deferred Entry of Judgment [790 - 795] ( Article 20.5 added March 7, 2000, by initiative Proposition 21, Sec. 29. )
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The judge must issue a citation for the hearing, and the notice must tell parents or guardians about possible counseling or education participation, explain Code of Civil Procedure section 170.6, and be personally served at least 24 hours before the appearance 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 20.5. Deferred Entry of Judgment [790 - 795] ( Article 20.5 added March 7, 2000, by initiative Proposition 21, Sec. 29. ) ## 792. The judge shall issue a citation directing any custodial parent, guardian, or foster parent of the minor to appear at the time and place set for the hearing, 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. 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. The notice shall explain the provisions of Section 170.6 of the Code of Civil Procedure. Personal service shall be made at least 24 hours before the time stated for the appearance. (Added March 7, 2000, by initiative Proposition 21, Sec. 29.)
793.
## 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 20.5. Deferred Entry of Judgment [790 - 795] ( Article 20.5 added March 7, 2000, by initiative Proposition 21, Sec. 29. )
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This section says when deferred entry of judgment must be lifted or judgment entered, and when the juvenile court must dismiss and seal the case after successful performance.

## 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 20.5. Deferred Entry of Judgment [790 - 795] ( Article 20.5 added March 7, 2000, by initiative Proposition 21, Sec. 29. ) ## 793. (a) If it appears to the prosecuting attorney, the court, or the probation department that the minor is not performing satisfactorily in the assigned program or is not complying with the terms of the minor’s probation, or that the minor is not benefiting from education, treatment, or rehabilitation, the court shall lift the deferred entry of judgment and schedule a dispositional hearing. If after accepting deferred entry of judgment and during the period in which deferred entry of judgment was granted, the minor is convicted of, or declared to be a person described in Section 602 for the commission of, any felony offense or of any two misdemeanor offenses committed on separate occasions, the judge shall enter judgment and schedule a dispositional hearing. If the minor is convicted of, or found to be a person described in Section 602, because of the commission of one misdemeanor offense, or multiple misdemeanor offenses committed during a single occasion, the court may enter judgment and schedule a dispositional hearing. (b) If the judgment previously deferred is imposed and a dispositional hearing scheduled pursuant to subdivision (a), the juvenile court shall report the complete criminal history of the minor to the Department of Justice, pursuant to Section 602.5. (c) If the minor has performed satisfactorily during the period in which deferred entry of judgment was granted, at the end of that period the charge or charges in the wardship petition shall be dismissed and the arrest upon which the judgment was deferred shall be deemed never to have occurred and any records in the possession of the juvenile court shall be sealed, except that the prosecuting attorney and the probation department of any county shall have access to these records after they are sealed for the limited purpose of determining whether a minor is eligible for deferred entry of judgment pursuant to Section 790 and as described in subdivision (d). (d) (1) A record that has been sealed pursuant to this section may be accessed, inspected, or utilized by the prosecuting attorney in order to meet a statutory or constitutional obligation to disclose favorable or exculpatory evidence to a defendant in a criminal case in which the prosecuting attorney has reason to believe that access to the record is necessary to meet the disclosure obligation. A request to access information in the sealed record for this purpose, including the prosecutor’s rationale for believing that access to the information in the record may be necessary to meet the disclosure obligation and the date by which the records are needed, shall be submitted by the prosecuting attorney to the juvenile court. The juvenile court shall review the case file and records that have been referenced by the prosecutor as necessary to meet the disclosure obligation and any response submitted by the person having the sealed record. The court shall approve the prosecutor’s request to the extent that the court has, upon review of the relevant records, determined that access to a specific sealed record or portion of a sealed record is necessary to enable the prosecuting attorney to comply with the disclosure obligation. If the juvenile court approves the prosecuting attorney’s request, the court shall state on the record appropriate limits on the access, inspection, and utilization of the sealed record information in order to protect the confidentiality of the person whose sealed record is accessed pursuant to this subdivision. A ruling allowing disclosure of information pursuant to this subdivision does not affect whether the information is admissible in a criminal or juvenile proceeding. This subdivision does not impose any discovery obligations on a prosecuting attorney that do not already exist. (2) This subdivision shall not apply to juvenile case files pertaining to matters within the jurisdiction of the juvenile court pursuant to Section 300. (Amended by Stats. 2019, Ch. 50, Sec. 4. (AB 1537) Effective January 1, 2020.)
794.
## 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 20.5. Deferred Entry of Judgment [790 - 795] ( Article 20.5 added March 7, 2000, by initiative Proposition 21, Sec. 29. )
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If a minor enters deferred entry of judgment, the judge must impose warrantless-search probation conditions and may add other probation terms; the court may also require restitution.

## 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 20.5. Deferred Entry of Judgment [790 - 795] ( Article 20.5 added March 7, 2000, by initiative Proposition 21, Sec. 29. ) ## 794. When a minor is permitted to participate in a deferred entry of judgment procedure, the judge shall impose, as a condition of probation, the requirement that the minor be subject to warrantless searches of his or her person, residence, or property under his or her control, upon the request of a probation officer or peace officer. The court shall also consider whether imposing random drug or alcohol testing, or both, including urinalysis, would be an appropriate condition of probation. The judge shall also, when appropriate, require the minor to periodically establish compliance with curfew and school attendance requirements. The court may, in consultation with the probation department, impose any other term of probation authorized by this code that the judge believes would assist in the education, treatment, and rehabilitation of the minor and the prevention of criminal activity. The minor may also be required to pay restitution to the victim or victims pursuant to the provisions of this code. (Added March 7, 2000, by initiative Proposition 21, Sec. 29.)
795.
## 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 20.5. Deferred Entry of Judgment [790 - 795] ( Article 20.5 added March 7, 2000, by initiative Proposition 21, Sec. 29. )
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The county probation officer, or someone designated by that officer, must serve as the program administrator in each county for juveniles granted deferred entry of judgment.

## 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 20.5. Deferred Entry of Judgment [790 - 795] ( Article 20.5 added March 7, 2000, by initiative Proposition 21, Sec. 29. ) ## 795. The county probation officer or a person designated by the county probation officer shall serve in each county as the program administrator for juveniles granted deferred entry of judgment and shall be responsible for developing, supervising, and monitoring treatment programs and otherwise overseeing the placement and supervision of minors granted probation pursuant to the provisions of this chapter. (Added March 7, 2000, by initiative Proposition 21, Sec. 29.)
8.
## Welfare and Institutions Code - WIC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 369. )
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“Writing” includes recorded messages readable by ordinary visual means, and any notice, report, statement, or record required or authorized by this code must be in writing in English.

## Welfare and Institutions Code - WIC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 369. ) ## 8. Writing includes any form of recorded message capable of comprehension by ordinary visual means. Whenever any notice, report, statement, or record is required or authorized by this code, it shall be made in writing in the English language. (Enacted by Stats. 1937, Ch. 369.)
800.
## 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 21. Wards—Appeals [800 - 801] ( Heading of Article 21 renumbered from Article 12 by Stats. 1976, Ch. 1068. )
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This section sets rules for appeals in juvenile court cases, including who may appeal, when appeals are handled first, how records and transcripts must be provided, and what happens if jurisdiction or records are transferred or sealed during an appeal.

## 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 21. Wards—Appeals [800 - 801] ( Heading of Article 21 renumbered from Article 12 by Stats. 1976, Ch. 1068. ) ## 800. (a) (1) A judgment in a proceeding under Section 601 or 602 may be appealed from, by the minor, in the same manner as any final judgment, and any subsequent order may be appealed from, by the minor, as from an order after judgment. Pending appeal of the order or judgment, the granting or refusal to order release shall rest in the discretion of the juvenile court. The appeal shall have precedence over all other cases in the court to which the appeal is taken. (2) A ruling on a motion to suppress pursuant to Section 700.1 shall be reviewed on appeal even if the judgment is predicated upon an admission of the allegations of the petition. (3) A judgment or subsequent order entered by a referee shall become appealable whenever proceedings pursuant to Section 252, 253, or 254 have become completed or, if proceedings pursuant to Section 252, 253, or 254 are not initiated, when the time for initiating the proceedings has expired. (b) An appeal may be taken by the people from any of the following: (1) A ruling on a motion to suppress pursuant to Section 700.1 even if the judgment is a dismissal of the petition or any count or counts of the petition. However, no appeal by the people shall lie as to any count which, if the people are successful, will be the basis for further proceedings subjecting any person to double jeopardy. (2) An order made after judgment entered pursuant to Section 777 or 785. (3) An order modifying the jurisdictional finding by reducing the degree of the offense or modifying the offense to a lesser offense. (4) An order or judgment dismissing or otherwise terminating the action before the minor has been placed in jeopardy, or where the minor has waived jeopardy. If, pursuant to this paragraph, the people prosecute an appeal of the decision or any review of that decision, it shall be binding upon the people and they shall be prohibited from refiling the case which was appealed. (5) The imposition of an unlawful order at a dispositional hearing, whether or not the court suspends the execution of the disposition. (c) Nothing contained in this section shall be construed to authorize an appeal from an order granting probation. Instead, the people may seek appellate review of any grant of probation, whether or not the court imposes disposition, by means of a petition for a writ of mandate or prohibition which is filed within 60 days after probation is granted. The review of any grant of probation shall include review of any order underlying the grant of probation. (d) An appellant unable to afford counsel, shall be provided a free copy of the transcript in any appeal. (e) The record shall be prepared and transmitted immediately after filing of the notice of appeal, without advance payment of fees. If the appellant is able to afford counsel, the county may seek reimbursement for the cost of the transcripts under subdivision (c) of Section 68511.3 of the Government Code as though the appellant had been granted permission to proceed in forma pauperis. The record shall be prepared and made available to the parties and the appellate court notwithstanding any order by the juvenile court to seal the record pursuant to Section 781 or 786. (f) All appeals shall be initiated by the filing of notice of appeal in conformity with the requirements of Section 1240.1 of the Penal Code. (g) The juvenile court may transfer jurisdiction to another county, terminate its jurisdiction, or seal the record or records of the youth under Section 781 or 786 while an appeal is pending. The transfer of jurisdiction to another county, termination of jurisdiction, or sealing of records under Section 781 or 786 does not affect the jurisdiction of the appellate court. If the appellate court remands the matter to the juvenile court after jurisdiction has been terminated or the record has been sealed under Section 781 or 786, the juvenile court shall access its records and assume jurisdiction to the extent necessary to follow the directions of the appellate court. If the matter returns to the juvenile court after jurisdiction has been transferred to another county, the matter shall return to the juvenile court that last exercised jurisdiction. (Amended by Stats. 2024, Ch. 782, Sec. 11. (SB 1161) Effective January 1, 2025.)
801.
## 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 21. Wards—Appeals [800 - 801] ( Heading of Article 21 renumbered from Article 12 by Stats. 1976, Ch. 1068. )
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This section gives a minor a fast appeal process for an order transferring the case to criminal court and requires a stay of criminal proceedings when the minor asks for one.

## 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 21. Wards—Appeals [800 - 801] ( Heading of Article 21 renumbered from Article 12 by Stats. 1976, Ch. 1068. ) ## 801. (a) An order transferring a minor from the juvenile court to a court of criminal jurisdiction shall be subject to immediate appellate review if a notice of appeal is filed within 30 days of the order transferring the minor to a court of criminal jurisdiction. An order transferring the minor from the juvenile court to a court of criminal jurisdiction may not be heard on appeal from the judgment of conviction. (b) Upon request of the minor, the superior court shall issue a stay of the criminal court proceedings until a final determination of the appeal. The superior court shall retain jurisdiction to modify or lift the stay upon request of the minor. (c) The appeal shall have precedence in the court to which the appeal is taken and shall be determined as soon as practicable after the notice of appeal is filed. (d) The Judicial Council shall adopt rules of court to ensure all of the following: (1) The juvenile court shall advise the minor of the right to appeal, of the necessary steps and time for taking an appeal, and of the right to the appointment of counsel if the minor is unable to retain counsel. (2) Following the timely filing of a notice of appeal, the prompt preparation and transmittal of the record from the superior court to the appellate court. (3) Adequate time requirements for counsel and court personnel shall exist to implement the objectives of this section. (e) It is the intent of the Legislature that this section provides for an expedited review on the merits by the appellate court of an order transferring the minor from the juvenile court to a court of criminal jurisdiction. (Added by Stats. 2021, Ch. 195, Sec. 1. (AB 624) Effective January 1, 2022.)
8050.
## Welfare and Institutions Code - WIC ## DIVISION 8. MISCELLANEOUS [8050 - 8266] ( Division 8 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. Research Concerning Sexual Deviation and Sex Crimes [8050 - 8053] ( Chapter 2 added by Stats. 1967, Ch. 1667. )
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The State Department of State Hospitals must plan and carry out scientific research on sex crimes against children and on methods for identifying people who commit sexual offenses.

## Welfare and Institutions Code - WIC ## DIVISION 8. MISCELLANEOUS [8050 - 8266] ( Division 8 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. Research Concerning Sexual Deviation and Sex Crimes [8050 - 8053] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## 8050. The State Department of State Hospitals shall plan, conduct, and cause to be conducted scientific research into sex crimes against children and into methods of identifying those who commit sexual offenses. (Amended by Stats. 2012, Ch. 24, Sec. 199. (AB 1470) Effective June 27, 2012.)
8051.
## Welfare and Institutions Code - WIC ## DIVISION 8. MISCELLANEOUS [8050 - 8266] ( Division 8 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. Research Concerning Sexual Deviation and Sex Crimes [8050 - 8053] ( Chapter 2 added by Stats. 1967, Ch. 1667. )
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The State Department of State Hospitals may enter into contracts with the Regents of the University of California for research, but only on the superintendent of the Langley Porter Clinic’s recommendation.

## Welfare and Institutions Code - WIC ## DIVISION 8. MISCELLANEOUS [8050 - 8266] ( Division 8 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. Research Concerning Sexual Deviation and Sex Crimes [8050 - 8053] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## 8051. Upon the recommendation of the superintendent of the Langley Porter Clinic, the State Department of State Hospitals may enter into contracts with the Regents of the University of California for the conduct, by either for the other, of all or any portion of the research provided for in this chapter. (Amended by Stats. 2012, Ch. 24, Sec. 200. (AB 1470) Effective June 27, 2012.)
8052.
## Welfare and Institutions Code - WIC ## DIVISION 8. MISCELLANEOUS [8050 - 8266] ( Division 8 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. Research Concerning Sexual Deviation and Sex Crimes [8050 - 8053] ( Chapter 2 added by Stats. 1967, Ch. 1667. )
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Each state agency must cooperate with the superintendent of the Langley Porter Clinic or the University of California, as applicable, to the fullest extent its facilities allow, so long as that does not interfere with its primary purposes and functions.

## Welfare and Institutions Code - WIC ## DIVISION 8. MISCELLANEOUS [8050 - 8266] ( Division 8 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. Research Concerning Sexual Deviation and Sex Crimes [8050 - 8053] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## 8052. Each state agency shall cooperate with the superintendent of the Langley Porter Clinic, or with the University of California, as the case may be, to the fullest extent that its facilities will permit without interfering with the carrying out of its primary purposes and functions. (Added by Stats. 1967, Ch. 1667.)
8053.
## Welfare and Institutions Code - WIC ## DIVISION 8. MISCELLANEOUS [8050 - 8266] ( Division 8 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. Research Concerning Sexual Deviation and Sex Crimes [8050 - 8053] ( Chapter 2 added by Stats. 1967, Ch. 1667. )
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The State Department of State Hospitals may accept gifts or grants from any source if the Director of Finance approves.

## Welfare and Institutions Code - WIC ## DIVISION 8. MISCELLANEOUS [8050 - 8266] ( Division 8 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 2. Research Concerning Sexual Deviation and Sex Crimes [8050 - 8053] ( Chapter 2 added by Stats. 1967, Ch. 1667. ) ## 8053. The State Department of State Hospitals with the approval of the Director of Finance may accept gifts or grants from any source for the accomplishment of the objects and purposes of this chapter. The provisions of Section 16302 of the Government Code do not apply to such gifts or grants and the money so received shall be expended to carry out the purposes of this chapter, subject to any limitation contained in such gift or grant. (Amended by Stats. 2012, Ch. 24, Sec. 201. (AB 1470) Effective June 27, 2012.)
8100.
## Welfare and Institutions Code - WIC ## DIVISION 8. MISCELLANEOUS [8050 - 8266] ( Division 8 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 3. Firearms [8100 - 8108] ( Chapter 3 added by Stats. 1967, Ch. 1667. )
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This section prohibits certain people from possessing or buying firearms or other deadly weapons, and it sets a five-year ban for some threat-based communications. It also allows a petition process to seek relief and defines related terms.

## Welfare and Institutions Code - WIC ## DIVISION 8. MISCELLANEOUS [8050 - 8266] ( Division 8 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 3. Firearms [8100 - 8108] ( Chapter 3 added by Stats. 1967, Ch. 1667. ) ## 8100. (a) A person shall not have in his or her possession or under his or her custody or control, or purchase or receive, or attempt to purchase or receive, any firearms whatsoever or any other deadly weapon, if on or after January 1, 1992, he or she has been admitted to a facility and is receiving inpatient treatment and, in the opinion of the attending health professional who is primarily responsible for the patient’s treatment of a mental disorder, is a danger to self or others, as specified by Section 5150, 5250, or 5300, even though the patient has consented to that treatment. A person is not subject to the prohibition in this subdivision after he or she is discharged from the facility. (b) (1) A person shall not have in his or her possession or under his or her custody or control, or purchase or receive, or attempt to purchase or receive, any firearms whatsoever or any other deadly weapon for a period of five years if, on or after January 1, 2014, he or she communicates to a licensed psychotherapist, as defined in subdivisions (a) to (e), inclusive, of Section 1010 of the Evidence Code, a serious threat of physical violence against a reasonably identifiable victim or victims. The five-year period shall commence from the date that the licensed psychotherapist reports to the local law enforcement agency the identity of the person making the communication. The prohibition provided for in this subdivision shall not apply unless the licensed psychotherapist notifies a local law enforcement agency of the threat by that person. The person, however, may own, possess, have custody or control over, or receive or purchase any firearm if a superior court, pursuant to paragraph (3) and upon petition of the person, has found, by a preponderance of the evidence, that the person is likely to use firearms or other deadly weapons in a safe and lawful manner. (2) Upon receipt of the report from the local law enforcement agency pursuant to subdivision (c) of Section 8105, the Department of Justice shall notify by certified mail, return receipt requested, a person subject to this subdivision of the following: (A) That he or she is prohibited from possessing, having custody or control over, receiving, or purchasing any firearm or other deadly weapon for a period of five years commencing from the date that the licensed psychotherapist reports to the local law enforcement agency the identity of the person making the communication. The notice shall state the date when the prohibition commences and ends. (B) That he or she may petition a court, as provided in this subdivision, for an order permitting the person to own, possess, control, receive, or purchase a firearm. (3) (A) Any person who is subject to paragraph (1) may petition the superior court of his or her county of residence for an order that he or she may own, possess, have custody or control over, receive, or purchase firearms. At the time the petition is filed, the clerk of the court shall set a hearing date and notify the person, the Department of Justice, and the district attorney. The people of the State of California shall be the respondent in the proceeding and shall be represented by the district attorney. Upon motion of the district attorney, or upon its own motion, the superior court may transfer the petition to the county in which the person resided at the time of the statements, or the county in which the person made the statements. Within seven days after receiving notice of the petition, the Department of Justice shall file copies of the reports described in Section 8105 with the superior court. The reports shall be disclosed upon request to the person and to the district attorney. The district attorney shall be entitled to a continuance of the hearing to a date of not less than 14 days after the district attorney is notified of the hearing date by the clerk of the court. The court, upon motion of the petitioner establishing that confidential information is likely to be discussed during the hearing that would cause harm to the person, shall conduct the hearing in camera with only the relevant parties present, unless the court finds that the public interest would be better served by conducting the hearing in public. Notwithstanding any other provision of law, declarations, police reports, including criminal history information, and any other material and relevant evidence that is not excluded under Section 352 of the Evidence Code, shall be admissible at the hearing under this paragraph. (B) The people shall bear the burden of showing by a preponderance of the evidence that the person would not be likely to use firearms in a safe and lawful manner. (C) If the court finds at the hearing that the people have not met their burden as set forth in subparagraph (B), the court shall order that the person shall not be subject to the five-year prohibition in this section on the ownership, control, receipt, possession, or purchase of firearms, and that person shall comply with the procedure described in Chapter 2 (commencing with Section 33850) of Division 11 of Title 4 of Part 6 of the Penal Code for the return of any firearms. A copy of the order shall be submitted to the Department of Justice. Upon receipt of the order, the Department of Justice shall delete any reference to the prohibition against firearms from the person’s state mental health firearms prohibition system information. (D) If the district attorney declines or fails to go forward in the hearing, the court shall order that the person shall not be subject to the five-year prohibition required by this subdivision on the ownership, control, receipt, possession, or purchase of firearms, and that person shall comply with the procedure described in Chapter 2 (commencing with Section 33850) of Division 11 of Title 4 of Part 6 of the Penal Code for the return of any firearms. A copy of the order shall be submitted to the Department of Justice. Upon receipt of the order, the Department of Justice shall, within 15 days, delete any reference to the prohibition against firearms from the person’s state mental health firearms prohibition system information. (E) Nothing in this subdivision shall prohibit the use of reports filed pursuant to this section to determine the eligibility of a person to own, possess, control, receive, or purchase a firearm if the person is the subject of a criminal investigation, a part of which involves the ownership, possession, control, receipt, or purchase of a firearm. (c) “Discharge,” for the purposes of this section, does not include a leave of absence from a facility. (d) “Attending health care professional,” as used in this section, means the licensed health care professional primarily responsible for the person’s treatment who is qualified to make the decision that the person has a mental disorder and has probable cause to believe that the person is a danger to self or others. (e) “Deadly weapon,” as used in this section and in Sections 8101, 8102, and 8103, means any weapon, the possession or concealed carrying of which is prohibited by any provision listed in Section 16590 of the Penal Code. (f) “Danger to self,” as used in subdivision (a), means a voluntary person who has made a serious threat of, or attempted, suicide with the use of a firearm or other deadly weapon. (g) A violation of subdivision (a) of, or paragraph (1) of subdivision (b) of, this section shall be a public offense, punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code, or in a county jail for not more than one year, by a fine not exceeding one thousand dollars ($1,000), or by both that imprisonment and fine. (h) The prohibitions set forth in this section shall be in addition to those set forth in Section 8103. (i) Any person admitted and receiving treatment prior to January 1, 1992, shall be governed by this section, as amended by Chapter 1090 of the Statutes of 1990, until discharged from the facility. (Amended by Stats. 2013, Ch. 747, Sec. 1. (AB 1131) Effective January 1, 2014.)
8101.
## Welfare and Institutions Code - WIC ## DIVISION 8. MISCELLANEOUS [8050 - 8266] ( Division 8 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 3. Firearms [8100 - 8108] ( Chapter 3 added by Stats. 1967, Ch. 1667. )
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A person may not knowingly supply, sell, give, or let another person possess or control a deadly weapon or firearm if that other person is described in Section 8100 or 8103.

## Welfare and Institutions Code - WIC ## DIVISION 8. MISCELLANEOUS [8050 - 8266] ( Division 8 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 3. Firearms [8100 - 8108] ( Chapter 3 added by Stats. 1967, Ch. 1667. ) ## 8101. (a) Any person who shall knowingly supply, sell, give, or allow possession or control of a deadly weapon to any person described in Section 8100 or 8103 shall be punishable by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code, or in a county jail for a period of not exceeding one year, by a fine of not exceeding one thousand dollars ($1,000), or by both the fine and imprisonment. (b) Any person who shall knowingly supply, sell, give, or allow possession or control of a firearm to any person described in Section 8100 or 8103 shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code for two, three, or four years. (c) “Deadly weapon,” as used in this section has the meaning prescribed by Section 8100. (Amended by Stats. 2011, Ch. 15, Sec. 627. (AB 109) Effective April 4, 2011. Operative October 1, 2011, by Sec. 636 of Ch. 15, as amended by Stats. 2011, Ch. 39, Sec. 68.)
8102.
## Welfare and Institutions Code - WIC ## DIVISION 8. MISCELLANEOUS [8050 - 8266] ( Division 8 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 3. Firearms [8100 - 8108] ( Chapter 3 added by Stats. 1967, Ch. 1667. )
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If a covered person is found to have a firearm or other deadly weapon, law enforcement must confiscate and keep it, give required notices, and follow deadlines for hearing and return or destruction.

## Welfare and Institutions Code - WIC ## DIVISION 8. MISCELLANEOUS [8050 - 8266] ( Division 8 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 3. Firearms [8100 - 8108] ( Chapter 3 added by Stats. 1967, Ch. 1667. ) ## 8102. (a) Whenever a person, who has been detained or apprehended for examination of his or her mental condition or who is a person described in Section 8100 or 8103, is found to own, have in his or her possession or under his or her control, any firearm whatsoever, or any other deadly weapon, the firearm or other deadly weapon shall be confiscated by any law enforcement agency or peace officer, who shall retain custody of the firearm or other deadly weapon. “Deadly weapon,” as used in this section, has the meaning prescribed by Section 8100. (b) (1) Upon confiscation of any firearm or other deadly weapon from a person who has been detained or apprehended for examination of his or her mental condition, the peace officer or law enforcement agency shall issue a receipt describing the deadly weapon or any firearm and listing any serial number or other identification on the firearm and shall notify the person of the procedure for the return, sale, transfer, or destruction of any firearm or other deadly weapon which has been confiscated. A peace officer or law enforcement agency that provides the receipt and notification described in Section 33800 of the Penal Code satisfies the receipt and notice requirements. (2) If the person is released, the professional person in charge of the facility, or his or her designee, shall notify the person of the procedure for the return of any firearm or other deadly weapon which may have been confiscated. (3) Health facility personnel shall notify the confiscating law enforcement agency upon release of the detained person, and shall make a notation to the effect that the facility provided the required notice to the person regarding the procedure to obtain return of any confiscated firearm. (4) For purposes of this subdivision, the procedure for the return, sale, or transfer of confiscated firearms includes the procedures described in this section and the procedures described in Chapter 2 (commencing with Section 33850) of Division 11 of Title 4 of Part 6 of the Penal Code. (5) In lieu of destroying a firearm that has been confiscated pursuant to this section that is a nuisance, unclaimed, abandoned, or otherwise subject to destruction, a law enforcement agency may retain or transfer the firearm as provided in Section 34005 of the Penal Code. (c) Upon the release of a person as described in subdivision (b), the confiscating law enforcement agency shall have 30 days to initiate a petition in the superior court for a hearing to determine whether the return of a firearm or other deadly weapon would be likely to result in endangering the person or others, and to send a notice advising the person of his or her right to a hearing on this issue. The law enforcement agency may make an ex parte application stating good cause for an order extending the time to file a petition. Including any extension of time granted in response to an ex parte request, a petition shall be filed within 60 days of the release of the person from a health facility. (d) If the law enforcement agency does not initiate proceedings within the 30-day period, or the period of time authorized by the court in an ex parte order issued pursuant to subdivision (c), it shall make the weapon available for return upon compliance with all applicable requirements, including the requirements specified in Chapter 2 (commencing with Section 33850) of Division 11 of Title 4 of Part 6 of the Penal Code. (e) The law enforcement agency shall inform the person that he or she has 30 days to respond to the court clerk to confirm his or her desire for a hearing, and that the failure to respond will result in a default order forfeiting the confiscated firearm or weapon. For a confiscated firearm, the period of forfeiture is 180 days pursuant to Section 33875 of the Penal Code, unless the person contacts the law enforcement agency to facilitate the sale or transfer of the firearm to a licensed dealer pursuant to Section 33870 of the Penal Code. For the purpose of this subdivision, the person’s last known address shall be the address provided to the law enforcement officer by the person at the time of the person’s detention or apprehension. (f) If the person responds and requests a hearing, the court clerk shall set a hearing, no later than 30 days from receipt of the request. The court clerk shall notify the person and the district attorney of the date, time, and place of the hearing. (g) If the person does not respond within 30 days of the notice, the law enforcement agency may file a petition for order of default, allowing the law enforcement agency to destroy the firearm in 180 days from the date the court enters default unless the person contacts the law enforcement agency to facilitate the sale or transfer of the firearm to a licensed dealer pursuant to Section 33870 of the Penal Code. (h) If, after a hearing, the court determines that the return of the firearm or other deadly weapon would likely endanger the person or others, the law enforcement agency may destroy the firearm within 180 days from the date that the court makes that determination, unless the person contacts the law enforcement agency to facilitate the sale or transfer of the firearm to a licensed dealer pursuant to Section 33870 of the Penal Code. (Amended by Stats. 2013, Ch. 747, Sec. 2. (AB 1131) Effective January 1, 2014.)
8103.
## Welfare and Institutions Code - WIC ## DIVISION 8. MISCELLANEOUS [8050 - 8266] ( Division 8 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 3. Firearms [8100 - 8108] ( Chapter 3 added by Stats. 1967, Ch. 1667. )
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This section restricts certain people from buying, possessing, or controlling firearms, deadly weapons, or ammunition, and requires courts, facilities, and the Department of Justice to give notices and file reports.

## Welfare and Institutions Code - WIC ## DIVISION 8. MISCELLANEOUS [8050 - 8266] ( Division 8 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 3. Firearms [8100 - 8108] ( Chapter 3 added by Stats. 1967, Ch. 1667. ) ## 8103. (a) (1) A person who after October 1, 1955, has been adjudicated by a court of any state to be a danger to others as a result of a mental disorder or mental illness, or who has been adjudicated to be a mentally disordered sex offender, shall not purchase or receive, or attempt to purchase or receive, or have possession, custody, or control of a firearm, other deadly weapon, or ammunition unless there has been issued to the person a certificate by the court of adjudication upon release from treatment or at a later date stating that the person may possess a firearm, other deadly weapon, or ammunition without endangering others, and the person has not, subsequent to the issuance of the certificate, again been adjudicated by a court to be a danger to others as a result of a mental disorder or mental illness. (2) The court shall notify the Department of Justice of the court order finding the individual to be a person described in paragraph (1) as soon as possible, but not later than one court day after issuing the order. The court shall also notify the department of a certificate issued as described in paragraph (1) as soon as possible, but not later than one court day after issuing the certificate. (3) A person described in paragraph (1) shall, in accordance with applicable state law and local procedure, relinquish to law enforcement a firearm, other deadly weapon, or ammunition in their custody or control within 14 days of a court order finding the person to be a person described in paragraph (1) and submit a receipt to the court to show proof of relinquishment. (b) (1) A person who has been found, pursuant to Section 1026 of the Penal Code or the law of any other state or the United States, not guilty by reason of insanity of murder, mayhem, a violation of Section 207, 209, or 209.5 of the Penal Code in which the victim suffers intentionally inflicted great bodily injury, carjacking or robbery in which the victim suffers great bodily injury, a violation of Section 451 or 452 of the Penal Code involving a trailer coach, as defined in Section 635 of the Vehicle Code, or a dwelling house, a violation of paragraph (1) or (2) of subdivision (a) of former Section 262 of the Penal Code or paragraph (2) or (3) of subdivision (a) of Section 261 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 18715, 18725, 18740, 18745, 18750, or 18755 of the Penal Code, or of a felony involving death, great bodily injury, or an act which poses a serious threat of bodily harm to another person, or a violation of the law of any other state or the United States that includes all the elements of any of the above felonies as defined under California law, shall not purchase or receive, or attempt to purchase or receive, or have possession, custody, or control of a firearm, other deadly weapon, or ammunition. (2) The court shall notify the Department of Justice of the court order finding the person to be a person described in paragraph (1) as soon as possible, but not later than one court day after issuing the order. (3) A person described in paragraph (1) shall, in accordance with applicable state law and local procedure, relinquish to law enforcement a firearm, other deadly weapon, or ammunition in their custody or control within 14 days of the court order finding the person to be a person described in paragraph (1) and submit a receipt to the court to show proof of relinquishment. (c) (1) A person who has been found, pursuant to Section 1026 of the Penal Code or the law of any other state or the United States, not guilty by reason of insanity of a crime other than those described in subdivision (b) shall not purchase or receive, or attempt to purchase or receive, or have possession, custody, or control of a firearm, other deadly weapon, or ammunition unless the court of commitment has found the person to have recovered sanity, pursuant to Section 1026.2 of the Penal Code or the law of any other state or the United States. (2) The court shall notify the Department of Justice of the court order finding the person to be a person described in paragraph (1) as soon as possible, but not later than one court day after issuing the order. The court shall also notify the Department of Justice when it finds that the person has recovered their sanity as soon as possible, but not later than one court day after making the finding. (3) A person described in paragraph (1) shall, in accordance with applicable state law and local procedure, relinquish to law enforcement a firearm, other deadly weapon, or ammunition in their custody or control within 14 days of the court order finding the person to be a person described in paragraph (1) and submit a receipt to the court to show proof of relinquishment. (d) (1) A person found by a court to be mentally incompetent to stand trial, pursuant to Section 1370, 1370.02, or 1370.1 of the Penal Code or the law of any other state or the United States, shall not purchase or receive, or attempt to purchase or receive, or have possession, custody, or control of a firearm, other deadly weapon, or ammunition unless there has been a finding with respect to the person of restoration to competence to stand trial by the committing court, pursuant to Section 1372 of the Penal Code or the law of any other state or the United States. (2) The court shall notify the Department of Justice of any court order finding a person to be mentally incompetent to stand trial as soon as possible, but not later than one court day after issuing the order. The court shall also notify the Department of Justice when it finds that the person has recovered competence as soon as possible, but not later than one court day after making the finding. (e) (1) A person who has been placed under conservatorship by a court, pursuant to Section 5350 or the law of any other state or the United States, because the person is gravely disabled as a result of a mental disorder or impairment by chronic alcoholism, shall not purchase or receive, or attempt to purchase or receive, or have possession, custody, or control of a firearm, other deadly weapon, or ammunition while under the conservatorship if, at the time the conservatorship was ordered or thereafter, the court that imposed the conservatorship found that possession of a firearm, other deadly weapon, or ammunition by the person would present a danger to the safety of the person or to others. Upon placing a person under conservatorship, and prohibiting firearm, other deadly weapon, or ammunition possession by the person, the court shall notify the person of this prohibition. (2) The court shall notify the Department of Justice of the court order placing the person under conservatorship and prohibiting firearm, other deadly weapon, or ammunition possession by the person, as described in paragraph (1), as soon as possible, but not later than one court day after placing the person under conservatorship. The notice shall include the date the conservatorship was imposed and the date the conservatorship is to be terminated. If the conservatorship is subsequently terminated before the date listed in the notice to the Department of Justice or the court subsequently finds that possession of a firearm, other deadly weapon, or ammunition by the person would no longer present a danger to the safety of the person or others, the court shall notify the Department of Justice as soon as possible, but not later than one court day after terminating the conservatorship. (3) All information provided to the Department of Justice pursuant to paragraph (2) shall be kept confidential, separate, and apart from all other records maintained by the Department of Justice, and shall be used only to determine eligibility to purchase or possess a firearm, other deadly weapon, or ammunition. A person who knowingly furnishes that information for any other purpose is guilty of a misdemeanor. All the information concerning a person shall be destroyed upon receipt by the Department of Justice of notice of the termination of conservatorship as to that person pursuant to paragraph (2). (f) (1) (A) A person who has been (i) taken into custody as provided in Section 5150 because that person is a danger to themselves or to others, (ii) assessed within the meaning of Section 5151, and (iii) admitted to a designated facility within the meaning of Sections 5151 and 5152 because that person is a danger to themselves or others shall not own, possess, control, receive, or purchase, or attempt to own, possess, control, receive, or purchase, a firearm, other deadly weapon, or ammunition for a period of five years after the person is released from the facility. (B) A person who has been taken into custody, assessed, and admitted as specified in subparagraph (A), and who was previously taken into custody, assessed, and admitted as specified in subparagraph (A) one or more times within a period of one year preceding the most recent admittance, shall not own, possess, control, receive, or purchase, or attempt to own, possess, control, receive, or purchase, any firearm for the remainder of their life. (C) A person described in this paragraph, however, may own, possess, control, receive, or purchase, or attempt to own, possess, control, receive, or purchase a firearm, other deadly weapon, or ammunition if the superior court has, pursuant to paragraph (5), found that the people of the State of California have not met their burden pursuant to paragraph (6). (2) (A) (i) For each person subject to this subdivision, the facility shall, within 24 hours of the time of admission, submit a report to the Department of Justice, on a form prescribed by the Department of Justice, containing information that includes, but is not limited to, the identity of the person and the legal grounds upon which the person was admitted to the facility. (ii) A report submitted pursuant to this paragraph shall be confidential, except for purposes of the court proceedings described in this subdivision and for determining the eligibility of the person to own, possess, control, receive, or purchase a firearm, other deadly weapon, or ammunition. (B) Facilities shall submit reports pursuant to this paragraph exclusively by electronic means, in a manner prescribed by the Department of Justice. (3) Prior to, or concurrent with, the discharge, the facility shall inform a person subject to this subdivision that they are prohibited from owning, possessing, controlling, receiving, or purchasing a firearm, other deadly weapon, or ammunition for a period of five years or, if the person was previously taken into custody, assessed, and admitted to custody for a 72-hour hold because they were a danger to themselves or to others during the previous one-year period, for life. The facility shall inform the person that they are required to relinquish a firearm, other deadly weapon, or ammunition that the person owns, possesses, or controls within 72 hours of discharge from the facility and how to relinquish a firearm, other deadly weapon, or ammunition according to state law and local procedures. Simultaneously, the facility shall inform the person that they may request a hearing from a court, as provided in this subdivision, for an order permitting the person to own, possess, control, receive, or purchase a firearm, other deadly weapon, or ammunition. The facility shall also provide the person with a copy of the most recent “Patient Notification of Firearm Prohibition and Right to Hearing Form” prescribed by the Department of Justice and a copy of the completed form to the Department of Justice in a manner prescribed by the Department of Justice. The Department of Justice shall update this form in accordance with the requirements of this section and distribute the updated form to facilities by January 1, 2020. The form shall include information regarding how the person was referred to the facility. The form shall include an authorization for the release of the person’s mental health records, upon request, to the appropriate court, solely for use in the hearing conducted pursuant to paragraph (5). A request for the records may be made by mail to the custodian of records at the facility, and shall not require personal service. The facility shall not submit the form on behalf of the person subject to this subdivision. (4) The Department of Justice shall provide the form upon request to a person described in paragraph (1). The Department of Justice shall also provide the form to the superior court in each county. The Department of Justice shall also provide a copy of the form upon the request of a law enforcement agency solely for investigative purposes. A person described in paragraph (1) may make a single request for a hearing at any time during the five-year period or period of the lifetime prohibition. The request for hearing shall be made on the form prescribed by the department or in a document that includes equivalent language. (5) A person who is subject to paragraph (1) who has requested a hearing from the superior court of the county of their residence for an order that they may own, possess, control, receive, or purchase a firearm, other deadly weapon, or ammunition shall be given a hearing. The clerk of the court shall set a hearing date and notify the person, the Department of Justice, and the district attorney. The people of the State of California shall be the plaintiff in the proceeding and shall be represented by the district attorney. Upon motion of the district attorney, or on its own motion, the superior court may transfer the hearing to the county in which the person resided at the time of their detention, the county in which the person was detained, or the county in which the person was evaluated or treated. Within seven days after the request for a hearing, the Department of Justice shall file copies of the reports described in this section with the superior court. The reports shall be disclosed upon request to the person and to the district attorney. The court shall set the hearing within 60 days of receipt of the request for a hearing. Upon showing good cause, the district attorney shall be entitled to a continuance not to exceed 30 days after the district attorney was notified of the hearing date by the clerk of the court. If additional continuances are granted, the total length of time for continuances shall not exceed 60 days. The district attorney may notify the county behavioral health director of the hearing who shall provide information about the detention of the person that may be relevant to the court and shall file that information with the superior court. That information shall be disclosed to the person and to the district attorney. The court, upon motion of the person subject to paragraph (1) establishing that confidential information is likely to be discussed during the hearing that would cause harm to the person, shall conduct the hearing in camera with only the relevant parties present, unless the court finds that the public interest would be better served by conducting the hearing in public. Notwithstanding any other law, declarations, police reports, including criminal history information, and any other material and relevant evidence that is not excluded under Section 352 of the Evidence Code shall be admissible at the hearing under this section. (6) The people shall bear the burden of showing by a preponderance of the evidence that the person would not be likely to use a firearm, other deadly weapon, or ammunition in a safe and lawful manner. (7) If the court finds at the hearing set forth in paragraph (5) that the people have not met their burden as set forth in paragraph (6), the court shall order that the person shall not be subject to the five-year prohibition or lifetime prohibition, as appropriate, in this section on the ownership, control, receipt, possession, or purchase of a firearm, and that person shall comply with the procedure described in Chapter 2 (commencing with Section 33850) of Division 11 of Title 4 of Part 6 of the Penal Code for the return of a firearm. A copy of the order shall be submitted to the Department of Justice. Upon receipt of the order, the Department of Justice shall delete any reference to the prohibition against firearms from the person’s state mental health firearms prohibition system information. (8) If the district attorney declines or fails to go forward in the hearing, the court shall order that the person shall not be subject to the five-year prohibition or lifetime prohibition required by this subdivision on the ownership, control, receipt, possession, or purchase of firearms. A copy of the order shall be submitted to the Department of Justice. Upon receipt of the order, the Department of Justice shall, within 15 days, delete any reference to the prohibition against firearms from the person’s state mental health firearms prohibition system information, and that person shall comply with the procedure described in Chapter 2 (commencing with Section 33850) of Division 11 of Title 4 of Part 6 of the Penal Code for the return of a firearm. (9) This subdivision does not prohibit the use of reports filed pursuant to this section to determine the eligibility of persons to own, possess, control, receive, or purchase a firearm, other deadly weapon, or ammunition if the person is the subject of a criminal investigation, a part of which involves the ownership, possession, control, receipt, or purchase of a firearm, other deadly weapon, or ammunition. (10) If the court finds that the people have met their burden to show by a preponderance of the evidence that the person would not be likely to use a firearm, other deadly weapon, or ammunition in a safe and lawful manner and the person is subject to a lifetime firearm prohibition because the person had been admitted as specified in subparagraph (A) of paragraph (1) more than once within the previous one-year period, the court shall inform the person of their right to file a subsequent petition no sooner than five years from the date of the hearing. (11) A person subject to a lifetime firearm prohibition is entitled to bring subsequent petitions pursuant to this subdivision. A person shall not be entitled to file a subsequent petition, and shall not be entitled to a subsequent hearing, until five years have passed since the determination on the person’s last petition. A hearing on subsequent petitions shall be conducted as described in this subdivision, with the exception that the burden of proof shall be on the petitioner to establish by a preponderance of the evidence that the petitioner can use a firearm in a safe and lawful manner. Subsequent petitions shall be filed in the same court of jurisdiction as the initial petition regarding the lifetime firearm prohibition. (12) (A) A person who is subject to paragraph (1), within 72 hours of discharge from a facility, shall relinquish a firearm, other deadly weapon, or ammunition that they own, possess, or control in a safe manner by any of the following methods: (i) Surrender to the control of a law enforcement agency. (ii) Sell or transfer to a licensed firearms dealer, as specified in Article 1 (commencing with Section 26700) and Article 2 (commencing with Section 26800) of Chapter 2 of Division 6 of Title 4 of Part 6 of the Penal Code. (iii) Transfer or cause to be transferred to a licensed firearms dealer for storage during the duration of the prohibition pursuant to Section 29830 of the Penal Code. (iv) Sell or transfer to a nonprohibited third party with whom the prohibited person does not live using a licensed firearms dealer pursuant to Section 28050 of the Penal Code. (B) The law enforcement agency or licensed firearms dealer taking possession of a firearm, other deadly weapon, or ammunition from a person relinquishing a firearm, other deadly weapon, or ammunition pursuant to this paragraph shall issue a receipt to the person at the time of relinquishment. (C) The “Patient Notification of Firearm Prohibition and Right to Hearing Form” described in paragraph (3) shall include information about how a person will relinquish their firearm, other deadly weapon, or ammunition pursuant to subparagraph (A). (g) (1) (A) A person who has been certified for intensive treatment under Section 5250, 5260, or 5270.15 shall not own, possess, control, receive, or purchase, or attempt to own, possess, control, receive, or purchase, a firearm, other deadly weapon, or ammunition for a period of five years. (B) A person who meets the criteria contained in subdivision (e) or (f) who is released from intensive treatment shall nevertheless, if applicable, remain subject to the prohibition contained in subdivision (e) or (f). (2) (A) For each person certified for intensive treatment under paragraph (1), the facility shall, within 24 hours of the certification, submit a report to the Department of Justice, on a form prescribed by the department, containing information regarding the person, including, but not limited to, the legal identity of the person and the legal grounds upon which the person was certified. A report submitted pursuant to this paragraph shall only be used for the purposes specified in paragraph (2) of subdivision (f). (B) Facilities shall submit reports pursuant to this paragraph exclusively by electronic means, in a manner prescribed by the Department of Justice. (3) Prior to, or concurrent with, the discharge of each person certified for intensive treatment under paragraph (1), the facility shall inform the person of that information specified in paragraph (3) of subdivision (f). (4) A person who is subject to paragraph (1) may petition the superior court of the county of their residence for an order that they may own, possess, control, receive, or purchase a firearm, other deadly weapon, or ammunition. At the time the petition is filed, the clerk of the court shall set a hearing date within 60 days of receipt of the petition and notify the person, the Department of Justice, and the district attorney. The people of the State of California shall be the respondent in the proceeding and shall be represented by the district attorney. Upon motion of the district attorney, or on its own motion, the superior court may transfer the petition to the county in which the person resided at the time of their detention, the county in which the person was detained, or the county in which the person was evaluated or treated. Within seven days after receiving notice of the petition, the Department of Justice shall file copies of the reports described in this section with the superior court. The reports shall be disclosed upon request to the person and to the district attorney. The district attorney shall be entitled to a continuance of the hearing to a date of not less than 30 days after the district attorney was notified of the hearing date by the clerk of the court. If additional continuances are granted, the total length of time for continuances shall not exceed 60 days. The district attorney may notify the county behavioral health director of the petition, and the county behavioral health director shall provide information about the detention of the person that may be relevant to the court and shall file that information with the superior court. That information shall be disclosed to the person and to the district attorney. The court, upon motion of the person subject to paragraph (1) establishing that confidential information is likely to be discussed during the hearing that would cause harm to the person, shall conduct the hearing in camera with only the relevant parties present, unless the court finds that the public interest would be better served by conducting the hearing in public. Notwithstanding any other law, a declaration, police report, including criminal history information, and any other material and relevant evidence that is not excluded under Section 352 of the Evidence Code, shall be admissible at the hearing under this section. If the court finds by a preponderance of the evidence that the person would be likely to use a firearm, other deadly weapon, or ammunition in a safe and lawful manner, the court may order that the person may own, control, receive, possess, or purchase a firearm, other deadly weapon, or ammunition, and that person shall comply with the procedure described in Chapter 2 (commencing with Section 33850) of Division 11 of Title 4 of Part 6 of the Penal Code for the return of a firearm, other deadly weapon, or ammunition. A copy of the order shall be submitted to the Department of Justice. Upon receipt of the order, the Department of Justice shall delete any reference to the prohibition from the person’s state mental health firearms prohibition system information. (h) (1) For all persons identified in subdivisions (f) and (g), a facility shall report to the Department of Justice, as specified in those subdivisions, except facilities shall not report a person under subdivision (g) if the same person was previously reported under subdivision (f). (2) Additionally, a facility shall report to the Department of Justice upon the discharge of persons from whom reports have been submitted pursuant to subdivision (f) or (g). However, a report shall not be filed for persons who are discharged within 31 days after the date of admission. (i) (1) A person, who has been found by a court, on or after July 1, 2024, to be prohibited from owning or controlling a firearm, other deadly weapon, or ammunition because they are a danger to themselves or others and has been granted pretrial mental health diversion pursuant to subdivision (m) of Section 1001.36 or subdivision (p) of Section 1001.80 of the Penal Code, shall not own, possess, control, receive, or purchase, or attempt to own, possess, control, receive, or purchase, a firearm, other deadly weapon, or ammunition until the person successfully completes diversion or their rights are restored pursuant to paragraph (4) of subdivision (g). (2) The court shall notify the Department of Justice of the court order finding the person to be an individual described in paragraph (1) as soon as possible, but not later than one court day after issuing the order. The court shall also notify the Department of Justice that the person has successfully completed diversion as soon as possible, but not later than one court day after completion. (j) Every person who owns or possesses or has custody or control of, or purchases or receives, or attempts to purchase or receive, a firearm, other deadly weapon, or ammunition in violation of this section shall be punished by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code or in a county jail for not more than one year. (k) “Deadly weapon,” as used in this section, has the meaning prescribed by Section 8100. (l) A notice or report required to be submitted to the Department of Justice pursuant to this section shall be submitted in an electronic format, in a manner prescribed by the Department of Justice. (m) This section shall become operative on September 1, 2025. (Repealed (in Sec. 2.4) and added by Stats. 2024, Ch. 924, Sec. 2.5. (SB 1025) Effective January 1, 2025. Operative September 1, 2025, by its own provisions.)
8104.
## Welfare and Institutions Code - WIC ## DIVISION 8. MISCELLANEOUS [8050 - 8266] ( Division 8 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 3. Firearms [8100 - 8108] ( Chapter 3 added by Stats. 1967, Ch. 1667. )
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The State Department of State Hospitals must keep certain records centrally, provide them to the Department of Justice, and give them in electronic form within 24 hours after a DOJ request. The records may not be shared with others unless disclosure is necessary for DOJ’s stated duties.

## Welfare and Institutions Code - WIC ## DIVISION 8. MISCELLANEOUS [8050 - 8266] ( Division 8 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 3. Firearms [8100 - 8108] ( Chapter 3 added by Stats. 1967, Ch. 1667. ) ## 8104. The State Department of State Hospitals shall maintain in a convenient central location and shall make available to the Department of Justice those records that the State Department of State Hospitals has in its possession that are necessary to identify persons who come within Section 8100 or 8103. Upon request of the Department of Justice, the State Department of State Hospitals shall make these records available to the Department of Justice in electronic format within 24 hours of receiving the request. The Department of Justice shall make these requests only with respect to its duties with regard to applications for permits for, or to carry, or the possession, purchase, or transfer of, explosives as defined in Section 12000 of the Health and Safety Code, devices defined in Section 16250, 16530, or 16640 of the Penal Code, in subdivisions (a) to (d), inclusive, of Section 16520 of the Penal Code, or in subdivision (a) of Section 16840 of the Penal Code, machineguns as defined in Section 16880 of the Penal Code, short-barreled shotguns or short-barreled rifles as defined in Sections 17170 and 17180 of the Penal Code, assault weapons as defined in Section 30510 of the Penal Code, and destructive devices as defined in Section 16460 of the Penal Code, or to determine the eligibility of a person to acquire, carry, or possess a firearm, explosive, or destructive device by a person who is subject to a criminal investigation, a part of which involves the acquisition, carrying, or possession of a firearm by that person. These records shall not be furnished or made available to any person unless the department determines that disclosure of any information in the records is necessary to carry out its duties with respect to applications for permits for, or to carry, or the possession, purchase, or transfer of, explosives, destructive devices, devices as defined in Section 16250, 16530, or 16640 of the Penal Code, in subdivisions (a) to (d), inclusive, of Section 16520 of the Penal Code, or in subdivision (a) of Section 16840 of the Penal Code, short-barreled shotguns, short-barreled rifles, assault weapons, and machineguns, or to determine the eligibility of a person to acquire, carry, or possess a firearm, explosive, or destructive device by a person who is subject to a criminal investigation, a part of which involves the acquisition, carrying, or possession of a firearm by that person. (Amended by Stats. 2013, Ch. 747, Sec. 4. (AB 1131) Effective January 1, 2014.)
8105.
## Welfare and Institutions Code - WIC ## DIVISION 8. MISCELLANEOUS [8050 - 8266] ( Division 8 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 3. Firearms [8100 - 8108] ( Chapter 3 added by Stats. 1967, Ch. 1667. )
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The Department of Justice and certain reporting entities must exchange information about people subject to listed firearm-related prohibitions, and the information must be kept confidential and used only for specified purposes.

## Welfare and Institutions Code - WIC ## DIVISION 8. MISCELLANEOUS [8050 - 8266] ( Division 8 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 3. Firearms [8100 - 8108] ( Chapter 3 added by Stats. 1967, Ch. 1667. ) ## 8105. (a) The Department of Justice shall request each public and private mental hospital, sanitarium, and institution to submit to the department information the department deems necessary to identify those persons who are subject to the prohibition specified by subdivision (a) of Section 8100, in order to carry out its duties in relation to firearms, destructive devices, and explosives. (b) Upon request of the Department of Justice pursuant to subdivision (a), each public and private mental hospital, sanitarium, and institution shall submit to the department information the department deems necessary to identify those persons who are subject to the prohibition specified by subdivision (a) of Section 8100, in order to carry out its duties in relation to firearms, destructive devices, and explosives. (c) A licensed psychotherapist shall report to a local law enforcement agency, within 24 hours, in a manner prescribed by the Department of Justice, the identity of a person subject to the prohibition specified by subdivision (b) of Section 8100. Upon receipt of the report, the local law enforcement agency, on a form prescribed by the Department of Justice, shall notify the department electronically, within 24 hours, in a manner prescribed by the department, of the person who is subject to the prohibition specified by subdivision (b) of Section 8100. (d) All information provided to the Department of Justice pursuant to this section shall be kept confidential, separate, and apart from all other records maintained by the department. The information provided to the Department of Justice pursuant to this section shall be used only for any of the following purposes: (1) By the department to determine eligibility of a person to acquire, carry, or possess firearms, destructive devices, or explosives. (2) For the purposes of the court proceedings described in subdivision (b) of Section 8100, to determine the eligibility of the person who is bringing the petition pursuant to paragraph (3) of subdivision (b) of Section 8100. (3) To determine the eligibility of a person to acquire, carry, or possess firearms, destructive devices, or explosives who is the subject of a criminal investigation, or who is the subject of a petition for the issuance of a gun violence restraining order issued pursuant to Division 3.2 (commencing with Section 18100) of Title 2 of Part 6 of the Penal Code, if a part of the investigation involves the acquisition, carrying, or possession of firearms, explosives, or destructive devices by that person. (e) Reports shall not be required or requested under this section if the same person has been previously reported pursuant to Section 8103 or 8104. (f) This section shall become operative on January 1, 2016. (Repealed (in Sec. 6) and added by Stats. 2014, Ch. 872, Sec. 7. (AB 1014) Effective January 1, 2015. Section operative January 1, 2016, by its own provisions.)
8106.
## Welfare and Institutions Code - WIC ## DIVISION 8. MISCELLANEOUS [8050 - 8266] ( Division 8 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 3. Firearms [8100 - 8108] ( Chapter 3 added by Stats. 1967, Ch. 1667. )
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The department must share certain firearm-related data with qualifying researchers under stated approval conditions, and it must explain any denial in writing.

## Welfare and Institutions Code - WIC ## DIVISION 8. MISCELLANEOUS [8050 - 8266] ( Division 8 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 3. Firearms [8100 - 8108] ( Chapter 3 added by Stats. 1967, Ch. 1667. ) ## 8106. Individual data required to be reported to the Department of Justice pursuant to this chapter related to prohibition of ownership and possession of a firearm and ammunition shall be available to researchers affiliated with the California Firearm Violence Research Center at UC Davis following approval by the institution’s governing institutional review board, when required. At the department’s discretion, and subject to Section 14240 of the Penal Code, the data may be provided to any other nonprofit bona fide research institution accredited by the United States Department of Education or the Council for Higher Education Accreditation for the study of the prevention of violence, following approval by the institution’s governing institutional review board or human subjects committee, when required, for academic and policy research purposes. Material identifying individuals shall only be provided for research or statistical activities and shall not be transferred, revealed, or used for purposes other than research or statistical activities, and reports or publications derived therefrom shall not identify specific individuals. Reasonable costs to the department associated with the department’s processing of that data may be billed to the researcher. If a request for data or letter of support for research using the data is denied, the department shall provide a written statement of the specific reasons for the denial. (Added by Stats. 2021, Ch. 253, Sec. 13. (AB 173) Effective September 23, 2021.)
8108.
## Welfare and Institutions Code - WIC ## DIVISION 8. MISCELLANEOUS [8050 - 8266] ( Division 8 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 3. Firearms [8100 - 8108] ( Chapter 3 added by Stats. 1967, Ch. 1667. )
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Certain mental hospitals, health facilities, institutions, and treating health professionals or psychotherapists are civilly immune when making reports required or authorized by this chapter.

## Welfare and Institutions Code - WIC ## DIVISION 8. MISCELLANEOUS [8050 - 8266] ( Division 8 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 3. Firearms [8100 - 8108] ( Chapter 3 added by Stats. 1967, Ch. 1667. ) ## 8108. Mental hospitals, health facilities, or other institutions, or treating health professionals or psychotherapists who provide reports subject to this chapter shall be civilly immune for making any report required or authorized by this chapter. This section is declaratory of existing law. (Added by Stats. 1991, Ch. 951, Sec. 11.)
8152.
## Welfare and Institutions Code - WIC ## DIVISION 8. MISCELLANEOUS [8050 - 8266] ( Division 8 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 4.6. Exemption of Golden State Stimulus Payments and Golden State Grant Payments from Garnishment Orders [8152- 8152.] ( Chapter 4.6 added by Stats. 2021, Ch. 12, Sec. 4. )
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Covered Golden State Stimulus and Golden State Grant payments must be exempted from garnishment orders, with a limited exception for certain support and restitution matters.

## Welfare and Institutions Code - WIC ## DIVISION 8. MISCELLANEOUS [8050 - 8266] ( Division 8 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 4.6. Exemption of Golden State Stimulus Payments and Golden State Grant Payments from Garnishment Orders [8152- 8152.] ( Chapter 4.6 added by Stats. 2021, Ch. 12, Sec. 4. ) ## 8152. (a) (1) A Golden State Stimulus payment made by the Controller pursuant to Section 8150 or 8150.2, a Golden State Grant payment made by the State Department of Social Services or contracted entities pursuant to Section 8151, and a payment made pursuant to Section 12201.7 shall be automatically exempt from a garnishment order. (2) This subdivision does not apply to a garnishment order in connection with an action for, or a judgment awarding, child support, spousal support, family support, or a criminal restitution payable to victims. (b) Notwithstanding any other law, a financial institution receiving directly from the state the payments described in subdivision (a) shall exempt those payments from any garnishment order if the payment is marked by the state as a “Golden State Stimulus payment,” “Golden State Stimulus II payment,” or “Golden State Grant payment” or includes some other industry-standard unique identifier that is reasonably sufficient to allow the financial institution to identify the funds as a Golden State Stimulus payment, Golden State Stimulus II payment, or Golden State Grant payment. (c) (1) In exempting a Golden State Stimulus payment, a Golden State Stimulus II payment, or Golden State Grant payment from a garnishment order, a financial institution shall identify an exempt deposit using a lookback period during an account review. (2) The financial institution shall perform a one-time account review consistent with the requirements described in subsection (a) of Section 212.5 of Title 31 of the Code of Federal Regulations. (d) A financial institution that attempts in good faith to comply with this section shall not be subject to liability or regulatory action under a federal or state law, regulation, court or other order, or regulatory interpretation for actions concerning applicable payments. (e) As used in this section: (1) “Account review” means the process of examining deposits in an account to determine if a benefit agency has deposited a benefit payment into the account during the lookback period. (2) “Garnishment order” means a writ, order, notice, summons, judgment, levy, or similar written instruction issued by a court, a state or state agency, or a municipality or municipal corporation, including an order to freeze the assets in an account, to effect a garnishment against a debtor. (3) “Lookback period” means the two-month period that begins on the date preceding the date of account review and ends on the corresponding date of the month two months earlier or on the last date of the month two months earlier if the corresponding date does not exist. (Amended by Stats. 2021, Ch. 71, Sec. 7. (SB 139) Effective July 12, 2021.)
8160.
## Welfare and Institutions Code - WIC ## DIVISION 8. MISCELLANEOUS [8050 - 8266] ( Division 8 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 4.9. Better for Families Tax Refund [8160 - 8165] ( Chapter 4.9 added by Stats. 2022, Ch. 51, Sec. 6. )
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This section says the chapter is called the “Better for Families Act” and may be cited that way.

## Welfare and Institutions Code - WIC ## DIVISION 8. MISCELLANEOUS [8050 - 8266] ( Division 8 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 4.9. Better for Families Tax Refund [8160 - 8165] ( Chapter 4.9 added by Stats. 2022, Ch. 51, Sec. 6. ) ## 8160. This chapter is known and may be cited as the “Better for Families Act.” (Added by Stats. 2022, Ch. 51, Sec. 6. (AB 192) Effective June 30, 2022. Repealed as of January 1, 2027, pursuant to Section 8165.)
8161.
## Welfare and Institutions Code - WIC ## DIVISION 8. MISCELLANEOUS [8050 - 8266] ( Division 8 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 4.9. Better for Families Tax Refund [8160 - 8165] ( Chapter 4.9 added by Stats. 2022, Ch. 51, Sec. 6. )
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The Franchise Tax Board must make a one-time payment to each qualified recipient, and no qualified recipient may receive more than one payment.

## Welfare and Institutions Code - WIC ## DIVISION 8. MISCELLANEOUS [8050 - 8266] ( Division 8 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 4.9. Better for Families Tax Refund [8160 - 8165] ( Chapter 4.9 added by Stats. 2022, Ch. 51, Sec. 6. ) ## 8161. (a) The Franchise Tax Board shall, as soon as possible, make a one-time payment in the applicable amount to each qualified recipient. A qualified recipient shall not receive more than one payment of the applicable amount. The payments may be made in the form and manner determined by the Franchise Tax Board. (b) For purposes of this section, the following definitions shall apply: (1) “Applicable amount” means any of the following: (A) In the case of spouses filing a joint return pursuant to Part 10.2 (commencing with Section 18401) of Division 2 of the Revenue and Taxation Code, that reported a California adjusted gross income, on the return described in clause (i) of subparagraph (A) of paragraph (4), of: (i) One hundred fifty thousand dollars ($150,000) or less, the applicable amount shall be seven hundred dollars ($700) plus an additional three hundred fifty dollars ($350) if the qualified recipient claimed a credit for one or more dependents under paragraph (1) of subdivision (d) of Section 17054 of the Revenue and Taxation Code on the return described in clause (i) of subparagraph (A) of paragraph (4). (ii) Two hundred fifty thousand dollars ($250,000) or less, and more than one hundred fifty thousand dollars ($150,000), the applicable amount shall be five hundred dollars ($500) plus an additional two hundred fifty dollars ($250) if the qualified recipient claimed a credit for one or more dependents under paragraph (1) of subdivision (d) of Section 17054 of the Revenue and Taxation Code on the return described in clause (i) of subparagraph (A) of paragraph (4). (iii) Five hundred thousand dollars ($500,000) or less, and more than two hundred fifty thousand dollars ($250,000), the applicable amount shall be four hundred dollars ($400) plus an additional two hundred dollars ($200) if the qualified recipient claimed a credit for one or more dependents under paragraph (1) of subdivision (d) of Section 17054 of the Revenue and Taxation Code on the return described in clause (i) of subparagraph (A) of paragraph (4). (B) In the case of an individual filing a head of household return pursuant to Part 10.2 (commencing with Section 18401) of Division 2 of the Revenue and Taxation Code, or an individual filing a surviving spouse return pursuant to Part 10.2 (commencing with Section 18401) of Division 2 of the Revenue and Taxation Code that reported a California adjusted gross income, on the return described in clause (i) of subparagraph (A) of paragraph (4), of: (i) One hundred fifty thousand dollars ($150,000) or less, the applicable amount shall be three hundred fifty dollars ($350) plus an additional three hundred fifty dollars ($350) if the qualified recipient claimed a credit for one or more dependents under paragraph (1) of subdivision (d) of Section 17054 of the Revenue and Taxation Code on the return described in clause (i) of subparagraph (A) of paragraph (4). (ii) Two hundred fifty thousand dollars ($250,000) or less, and more than one hundred fifty thousand dollars ($150,000), the applicable amount shall be two hundred fifty dollars ($250) plus an additional two hundred fifty dollars ($250) if the qualified recipient claimed a credit for one or more dependents under paragraph (1) of subdivision (d) of Section 17054 of the Revenue and Taxation Code on the return described in clause (i) of subparagraph (A) of paragraph (4). (iii) Five hundred thousand dollars ($500,000) or less, and more than two hundred fifty thousand dollars ($250,000), the applicable amount shall be two hundred dollars ($200) plus an additional two hundred dollars ($200) if the qualified recipient claimed a credit for one or more dependents under paragraph (1) of subdivision (d) of Section 17054 of the Revenue and Taxation Code on the return described in clause (i) of subparagraph (A) of paragraph (4). (C) In the case of any other individual that reported a California adjusted gross income, on the return described in clause (i) of subparagraph (A) of paragraph (4), of: (i) Seventy-five thousand dollars ($75,000) or less, the applicable amount shall be three hundred fifty dollars ($350) plus an additional three hundred fifty dollars ($350) if the qualified recipient claimed a credit for one or more dependents under paragraph (1) of subdivision (d) of Section 17054 of the Revenue and Taxation Code on the return described in clause (i) of subparagraph (A) of paragraph (4). (ii) One hundred twenty-five thousand dollars ($125,000) or less and more than seventy-five thousand dollars ($75,000), the applicable amount shall be two hundred fifty dollars ($250) plus an additional two hundred fifty dollars ($250) if the qualified recipient claimed a credit for one or more dependents under paragraph (1) of subdivision (d) of Section 17054 of the Revenue and Taxation Code on the return described in clause (i) of subparagraph (A) of paragraph (4). (iii) Two hundred fifty thousand dollars ($250,000) or less and more than one hundred twenty-five thousand dollars ($125,000), the applicable amount shall be two hundred dollars ($200) plus an additional two hundred dollars ($200) if the qualified recipient claimed a credit for one or more dependents under paragraph (1) of subdivision (d) of Section 17054 of the Revenue and Taxation Code on the return described in clause (i) of subparagraph (A) of paragraph (4). (2) “Individual” shall have the same meaning as that term is defined in Section 17005 of the Revenue and Taxation Code. (3) “Resident” shall have the same meaning as that term is defined in Section 17014 of the Revenue and Taxation Code. (4) (A) “Qualified recipient” means an individual that satisfies all of the following: (i) Filed a California individual income tax return on or before October 15, 2021, for the taxable year beginning on or after January 1, 2020, and before January 1, 2021. (ii) Is a resident of the state on the date payment is issued pursuant to subdivision (a). (iii) Was a resident of the state for six months or more of the taxable year beginning on or after January 1, 2020, and before January 1, 2021. (iv) Cannot be claimed as a dependent, as defined in Section 17056 of the Revenue and Taxation Code, by another taxpayer. (B) In the case of an individual who included either their federal individual taxpayer identification number or, if married, the federal individual taxpayer identification number of their spouse, on their California individual income tax return for the taxable year beginning on or after January 1, 2020, and before January 1, 2021, and who meets all of the other requirements of a qualified recipient, if the individual or their spouse applied for, but did not receive, a federal individual taxpayer identification number on or before October 15, 2021, the individual is a qualified recipient for purposes of this section if the tax return described in this subparagraph was filed on or before February 15, 2022. (C) Notwithstanding subparagraphs (A) and (B), “qualified recipient” shall not include an individual that satisfies all of the following: (i) Is an individual without a dependent, as defined in Section 17056 of the Revenue and Taxation Code. (ii) Files or filed their California individual income tax return using the single filing status for the taxable year described in clause (i) of subparagraph (A). (iii) Is either of the following: (I) Is deceased on the date the payment would otherwise be issued as authorized under subdivision (a). (II) Is incarcerated, other than incarceration pending the disposition of charges, in a jail, prison, or similar penal institution or correctional facility on the date the payment would otherwise be issued as authorized under subdivision (a). (c) In the case of a qualified recipient who files a joint return with their spouse pursuant to Part 10.2 (commencing with Section 18401) of the Revenue and Taxation Code for the taxable year described in clause (i) of subparagraph (A) of paragraph (4) of subdivision (b), the qualified recipient and their spouse shall be considered one qualified recipient for purposes of this section, and shall receive only one payment of the applicable amount. (d) (1) The Franchise Tax Board shall issue the payments authorized by this section no later than September 30, 2023. (2) Notwithstanding paragraph (1), the Franchise Tax Board may reissue stale, dated, or replacement warrants for the payments pursuant to subparagraph (B) of paragraph (2) of subdivision (b) of Section 905.2 of the Government Code after September 30, 2023, in the form and manner prescribed by the Franchise Tax Board. (3) Notwithstanding paragraph (1), the Franchise Tax Board, through a third-party vendor, may reissue replacement debit cards after September 30, 2023, in the form and manner prescribed by the Franchise Tax Board. (e) The payment authorized by this section shall not be a refund of an overpayment of income taxes under Chapter 6 (commencing with Section 19301) of Part 10.2 of Division 2 of the Revenue and Taxation Code of any liability imposed under Part 10 (commencing with Section 17001) of Division 2 of the Revenue and Taxation Code. (f) Notwithstanding any other law, the payment authorized pursuant to this section shall be treated in the same manner as the federal earned income refund for the purpose of determining eligibility to receive benefits under Division 9 (commencing with Section 10000), excluding benefits under Chapter 7 (commencing with Section 14000) of Part 3 of Division 9, or amounts of those benefits. (g) Notwithstanding any other law, the payment authorized pursuant to this section shall not be taken into account as income, and shall not be taken into account as resources for a period of 12 months from receipt, for purposes of determining the eligibility of such individual, or any other individual, for benefits or assistance or the amount or extent of benefits or assistance under any state or local program not covered in subdivision (e). With respect to a state or local program, this subdivision shall only be implemented to the extent that it does not conflict with federal law relating to that program, and that any required federal approval or waiver is first obtained for that program. (Amended by Stats. 2023, Ch. 55, Sec. 15. (SB 131) Effective July 10, 2023. Repealed as of January 1, 2027, pursuant to Section 8165.)
8162.
## Welfare and Institutions Code - WIC ## DIVISION 8. MISCELLANEOUS [8050 - 8266] ( Division 8 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 4.9. Better for Families Tax Refund [8160 - 8165] ( Chapter 4.9 added by Stats. 2022, Ch. 51, Sec. 6. )
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This section creates the Better for Families Tax Refund Fund and directs certain money transfers and redeposits involving that fund.

## Welfare and Institutions Code - WIC ## DIVISION 8. MISCELLANEOUS [8050 - 8266] ( Division 8 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 4.9. Better for Families Tax Refund [8160 - 8165] ( Chapter 4.9 added by Stats. 2022, Ch. 51, Sec. 6. ) ## 8162. (a) There is hereby created in the State Treasury the Better for Families Tax Refund Fund. Notwithstanding Section 13340 of the Government Code, an amount necessary for the Franchise Tax Board to make the payments required under this chapter is hereby continuously appropriated, without regard to fiscal year, from the Better for Families Tax Refund Fund to the Franchise Tax Board for the purpose of making the payments authorized by Section 8161. (b) The Controller shall transfer from the General Fund to the Better for Families Tax Refund Fund an amount not in excess of the amount appropriated under subdivision (a). (c) All payments returned shall be redeposited in the Better for Families Tax Refund Fund. (d) Any unused moneys remaining in the Better for Families Tax Refund Fund for the purposes of this act shall be transferred to the General Fund by June 1, 2024. (Added by Stats. 2022, Ch. 51, Sec. 6. (AB 192) Effective June 30, 2022. Repealed as of January 1, 2027, pursuant to Section 8165.)
8163.
## Welfare and Institutions Code - WIC ## DIVISION 8. MISCELLANEOUS [8050 - 8266] ( Division 8 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 4.9. Better for Families Tax Refund [8160 - 8165] ( Chapter 4.9 added by Stats. 2022, Ch. 51, Sec. 6. )
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The state may hire a third-party vendor to help distribute payments, and any contract must include payment-expiration and unused-balance return deadlines.

## Welfare and Institutions Code - WIC ## DIVISION 8. MISCELLANEOUS [8050 - 8266] ( Division 8 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 4.9. Better for Families Tax Refund [8160 - 8165] ( Chapter 4.9 added by Stats. 2022, Ch. 51, Sec. 6. ) ## 8163. Notwithstanding any other law, the state may contract with a third-party vendor for services relating to the distribution of payments made pursuant to this chapter in the form and manner best determined to expedite payment and mitigate fraud. A contract for services entered into pursuant to this section may include terms and conditions that are in the state’s best interest, but shall include an expiration date on each form of payment issued of no later than April 30, 2026, and a requirement that any unexpended or unclaimed balance of the payments issued shall, upon expiration, be returned to the Franchise Tax Board which will deposit the moneys in the General Fund, and all unused balances returned, no later than May 31, 2026. (Amended by Stats. 2024, Ch. 34, Sec. 43. (SB 167) Effective June 27, 2024. Repealed as of January 1, 2027, pursuant to Section 8165.)
8164.
## Welfare and Institutions Code - WIC ## DIVISION 8. MISCELLANEOUS [8050 - 8266] ( Division 8 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 4.9. Better for Families Tax Refund [8160 - 8165] ( Chapter 4.9 added by Stats. 2022, Ch. 51, Sec. 6. )
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Certain Better for Families Tax Refund payments must be exempted from garnishment orders, and financial institutions must use a lookback-based account review to identify and protect those funds.

## Welfare and Institutions Code - WIC ## DIVISION 8. MISCELLANEOUS [8050 - 8266] ( Division 8 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 4.9. Better for Families Tax Refund [8160 - 8165] ( Chapter 4.9 added by Stats. 2022, Ch. 51, Sec. 6. ) ## 8164. (a) (1) A Better for Families Tax Refund payment made pursuant to Section 8161 shall be automatically exempt from a garnishment order. (2) This subdivision does not apply to a garnishment order in connection with an action for, or a judgment awarding, child support, spousal support, family support, or a criminal restitution payable to victims. (b) Notwithstanding any other law, a financial institution receiving directly from the state the payments described in subdivision (a) shall exempt those payments from any garnishment order if the payment is marked by the state as a “Better for Families Tax Refund payment” or includes some other industry-standard unique identifier that is reasonably sufficient to allow the financial institution to identify the funds as a Better for Families Tax Refund payment. (c) (1) In exempting a Better for Families Tax Refund payment from a garnishment order, a financial institution shall identify an exempt deposit using a lookback period during an account review. (2) The financial institution shall perform a one-time account review consistent with the requirements described in subsection (a) of Section 212.5 of Title 31 of the Code of Federal Regulations. (d) A financial institution that attempts in good faith to comply with this section shall not be subject to liability or regulatory action under a federal or state law, regulation, court or other order, or regulatory interpretation for actions concerning applicable payments. (e) As used in this section: (1) “Account review” means the process of examining deposits in an account to determine if a benefit agency has deposited a benefit payment into the account during the lookback period. (2) “Garnishment order” means a writ, order, notice, summons, judgment, levy, or similar written instruction issued by a court, a state or state agency, or a municipality or municipal corporation, including an order to freeze the assets in an account, to effect a garnishment against a debtor. (3) “Lookback period” means the two-month period that begins on the date preceding the date of account review and ends on the corresponding date of the month two months earlier or on the last date of the month two months earlier if the corresponding date does not exist. (Added by Stats. 2022, Ch. 51, Sec. 6. (AB 192) Effective June 30, 2022. Repealed as of January 1, 2027, pursuant to Section 8165.)
8165.
## Welfare and Institutions Code - WIC ## DIVISION 8. MISCELLANEOUS [8050 - 8266] ( Division 8 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 4.9. Better for Families Tax Refund [8160 - 8165] ( Chapter 4.9 added by Stats. 2022, Ch. 51, Sec. 6. )
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This chapter expires on January 1, 2027 and is repealed on that date.

## Welfare and Institutions Code - WIC ## DIVISION 8. MISCELLANEOUS [8050 - 8266] ( Division 8 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 4.9. Better for Families Tax Refund [8160 - 8165] ( Chapter 4.9 added by Stats. 2022, Ch. 51, Sec. 6. ) ## 8165. This chapter shall remain in effect only until January 1, 2027, and as of that date is repealed. (Added by Stats. 2022, Ch. 51, Sec. 6. (AB 192) Effective June 30, 2022. Repealed as of January 1, 2027, by its own provisions. Note: Repeal affects Chapter 4.9, commencing with Section 8160.)
8200.
## Welfare and Institutions Code - WIC ## DIVISION 8. MISCELLANEOUS [8050 - 8266] ( Division 8 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 5. Indians [8200 - 8225] ( Chapter 5 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 1. Administration of Federal Funds [8200 - 8201] ( Article 1 added by Stats. 1967, Ch. 1667. )
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State agencies may administer certain federal Indian welfare funds, and three named departments must handle specific categories of spending.

## Welfare and Institutions Code - WIC ## DIVISION 8. MISCELLANEOUS [8050 - 8266] ( Division 8 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 5. Indians [8200 - 8225] ( Chapter 5 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 1. Administration of Federal Funds [8200 - 8201] ( Article 1 added by Stats. 1967, Ch. 1667. ) ## 8200. If provision is made by law of the United States for the administration by public agencies of this state of federal appropriations for the welfare of the Indians in this state, such state agencies may administer the expenditure of such federal appropriations within the scope of their legal powers. The State Department of Health Services shall administer the expenditure of all such federal appropriations for the care and hospitalization of, and for medical attention to, sick or injured Indians and for the control and prevention of communicable and infectious diseases and general sanitation among the Indians in this state. The State Department of Education shall administer the expenditure of such federal appropriations for the construction and maintenance of schools and the education of the Indians in this state. The State Department of Social Services shall administer the expenditure of such federal appropriations for the relief of aged, infirm, and indigent Indians in this state. Subject to such limitations as the law of the United States or the Secretary of the Interior lawfully imposes upon the administration of such funds, the state departments above mentioned may expend the same for the purposes within their respective jurisdictions which the respective heads of the departments deem best to conserve the interests and welfare of all the Indians residing within the state. (Amended by Stats. 1978, Ch. 429.)
8201.
## Welfare and Institutions Code - WIC ## DIVISION 8. MISCELLANEOUS [8050 - 8266] ( Division 8 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 5. Indians [8200 - 8225] ( Chapter 5 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 1. Administration of Federal Funds [8200 - 8201] ( Article 1 added by Stats. 1967, Ch. 1667. )
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State agencies may prepare budgets for certain federal funds, must submit them to the State Department of Finance, and must later account directly to federal disbursing and auditing officers.

## Welfare and Institutions Code - WIC ## DIVISION 8. MISCELLANEOUS [8050 - 8266] ( Division 8 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 5. Indians [8200 - 8225] ( Chapter 5 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 1. Administration of Federal Funds [8200 - 8201] ( Article 1 added by Stats. 1967, Ch. 1667. ) ## 8201. If the law of the United States requires the submission of budgets to the Secretary of the Interior or to any other federal agency before federal funds may be expended the state agencies may prepare budgets showing the amounts necessary during each year to carry out the purposes for which such federal appropriations are made, and shall submit such budgets when prepared to the State Department of Finance, who shall coordinate the same so far as possible and approve them before they are forwarded to the federal agency charged with receiving them. Thereafter the state agencies shall account directly to the federal disbursing and auditing officers for the expenditures of federal funds made subject to their administration, and the officers and employees of each department shall be responsible upon their official bonds to the federal disbursing and auditing officers for a proper accounting for all funds so disbursed. (Added by Stats. 1967, Ch. 1667.)
8225.
## Welfare and Institutions Code - WIC ## DIVISION 8. MISCELLANEOUS [8050 - 8266] ( Division 8 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 5. Indians [8200 - 8225] ( Chapter 5 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 2. Suits in Behalf of Indians [8225- 8225.] ( Article 2 added by Stats. 1967, Ch. 1667. )
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The Attorney General may, with the Governor’s approval and only if federal law authorizes it and provides reimbursement, bring certain court-of-claims suits for California Indians, hire special counsel, and pay necessary expenses from appropriated funds.

## Welfare and Institutions Code - WIC ## DIVISION 8. MISCELLANEOUS [8050 - 8266] ( Division 8 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 5. Indians [8200 - 8225] ( Chapter 5 added by Stats. 1967, Ch. 1667. ) ## ARTICLE 2. Suits in Behalf of Indians [8225- 8225.] ( Article 2 added by Stats. 1967, Ch. 1667. ) ## 8225. If the Attorney General of this state is authorized by any law of the United States to institute suits in the court of claims in behalf of the Indians of this state, and if the law of the United States provides for reimbursement of this state for all necessary costs and expenses incurred by this state in the event that the court renders judgment against the United States, the Attorney General may, with the approval of the Governor, cause such suits to be instituted, employ special counsel to assist in the prosecution thereof, and pay all necessary expenses incident thereto from moneys appropriated to the Attorney General. No reimbursement shall be made to this state for the services rendered by its Attorney General in person. (Added by Stats. 1967, Ch. 1667.)
825.
## 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 22. Wards and Dependent Children—Records [825 - 832] ( Heading of Article 22 renumbered from Article 13 by Stats. 1976, Ch. 1068. )
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The superior court must record its order and findings in a written juvenile court 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 22. Wards and Dependent Children—Records [825 - 832] ( Heading of Article 22 renumbered from Article 13 by Stats. 1976, Ch. 1068. ) ## 825. The order and findings of the superior court in each case under the provisions of this chapter shall be entered in a suitable book or other form of written record which shall be kept for that purpose and known as the “juvenile court record.” (Repealed and added by Stats. 1961, Ch. 1616.)
825.5.
## 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 22. Wards and Dependent Children—Records [825 - 832] ( Heading of Article 22 renumbered from Article 13 by Stats. 1976, Ch. 1068. )
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The superior court clerk must keep separate court files and records for certain dependent parents, and those records may be disclosed only in limited ways.

## 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 22. Wards and Dependent Children—Records [825 - 832] ( Heading of Article 22 renumbered from Article 13 by Stats. 1976, Ch. 1068. ) ## 825.5. (a) The clerk of the superior court shall maintain court files and records concerning a minor dependent parent or a nonminor dependent parent of a child who is the subject of a dependency petition separate from court files and records concerning the child. (b) (1) Dependency court records concerning a minor dependent parent or a nonminor dependent parent may be disclosed to the county and the court in the child’s dependency proceedings; however, information from the records shall only be admitted as evidence in the child’s dependency proceedings pursuant to a court order finding that the information is materially relevant to the case, subject to the provisions of subdivision (a) of Section 361.8. (2) Any party to the child’s dependency proceedings may request the admittance of the records described in paragraph (1) as evidence at any stage of the child’s dependency proceedings. (Added by Stats. 2015, Ch. 511, Sec. 2. (AB 260) Effective January 1, 2016.)
8255.
## Welfare and Institutions Code - WIC ## DIVISION 8. MISCELLANEOUS [8050 - 8266] ( Division 8 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 6.5. California Interagency Council on Homelessness [8255 - 8257.3] ( Chapter 6.5 repealed and added by Stats. 2026, Ch. 28, Sec. 106. )
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This section defines key terms for the California Interagency Council on Homelessness chapter and sets out core Housing First practices.

## Welfare and Institutions Code - WIC ## DIVISION 8. MISCELLANEOUS [8050 - 8266] ( Division 8 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 6.5. California Interagency Council on Homelessness [8255 - 8257.3] ( Chapter 6.5 repealed and added by Stats. 2026, Ch. 28, Sec. 106. ) ## 8255. For purposes of this chapter: (a) “Council” means the California Interagency Council on Homelessness, formerly known as the Homeless Coordinating and Financing Council established pursuant to Section 8257. (b) “Core components of Housing First” means all of the following: (1) Tenant screening and selection practices that promote accepting applicants regardless of their sobriety or use of substances, completion of treatment, or participation in services. (2) Applicants are not rejected on the basis of poor credit or financial history, poor or lack of rental history, criminal convictions unrelated to tenancy, or behaviors that indicate a lack of “housing readiness.” (3) Acceptance of referrals directly from shelters, street outreach, drop-in centers, and other parts of crisis response systems frequented by vulnerable people experiencing homelessness. (4) Supportive services that emphasize engagement and problem solving over therapeutic goals and service plans that are highly tenant-driven without predetermined goals. (5) Participation in services or program compliance is not a condition of permanent housing tenancy. (6) Tenants have a lease and all the rights and responsibilities of tenancy, as outlined in California’s Civil, Health and Safety, and Government codes. (7) The use of alcohol or drugs in and of itself, without other lease violations, is not a reason for eviction. (8) In communities with coordinated assessment and entry systems, incentives for funding promote tenant selection plans for supportive housing that prioritize eligible tenants based on criteria other than “first-come-first-serve,” including, but not limited to, the duration or chronicity of homelessness, vulnerability to early mortality, or high utilization of crisis services. Prioritization may include triage tools, developed through local data, to identify high-cost, high-need homeless residents. (9) Case managers and service coordinators who are trained in and actively employ evidence-based practices for client engagement, including, but not limited to, motivational interviewing and client-centered counseling. (10) Services are informed by a harm-reduction philosophy that recognizes drug and alcohol use and addiction as a part of tenants’ lives, where tenants are engaged in nonjudgmental communication regarding drug and alcohol use, and where tenants are offered education regarding how to avoid risky behaviors and engage in safer practices, as well as connected to evidence-based treatment if the tenant so chooses. (11) The project and specific apartment may include special physical features that accommodate disabilities, reduce harm, and promote health and community and independence among tenants. (c) “Homeless” has the same definition as that term is defined in Section 91.5 of Title 24 of the Code of Federal Regulations. (d) (1) “Housing First” means the evidence-based model that uses housing as a tool, rather than a reward, for recovery and that centers on providing or connecting homeless people to permanent housing as quickly as possible. Housing First providers offer services as needed and requested on a voluntary basis and that do not make housing contingent on participation in services. (2) (A) “Housing First” includes time-limited rental or services assistance, so long as the housing and service provider assists the recipient in accessing permanent housing and in securing longer term rental assistance, income assistance, or employment. (B) For time-limited, supportive services programs serving homeless youth, programs should use a positive youth development model and be culturally competent to serve unaccompanied youth under 25 years of age. Providers should work with the youth to engage in family reunification efforts, where appropriate and when in the best interest of the youth. In the event of an eviction, programs shall make every effort, which shall be documented, to link tenants to other stable, safe, decent housing options. Exit to homelessness should be extremely rare, and only after a tenant refuses assistance with housing search, location, and move-in assistance. (e) “State programs” means any programs a California state agency or department funds, implements, or administers for the purpose of providing emergency shelter, interim housing, housing, or housing-based services to people experiencing homelessness or at risk of homelessness, with the exception of federally funded programs with requirements inconsistent with this chapter. (f) “Council staff” means the individuals who work for the California Interagency Council on Homelessness and who are overseen by the executive officer of the California Interagency Council on Homelessness. (g) “Executive council” means the California Interagency Executive Council on Homelessness created pursuant to Section 8257 and consisting of the members identified in subdivision (c) of Section 8257. (Amended by Stats. 2026, Ch. 28, Sec. 107. (SB 170) Effective June 29, 2026.)
8256.
## Welfare and Institutions Code - WIC ## DIVISION 8. MISCELLANEOUS [8050 - 8266] ( Division 8 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 6.5. California Interagency Council on Homelessness [8255 - 8257.3] ( Chapter 6.5 repealed and added by Stats. 2026, Ch. 28, Sec. 106. )
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This section requires certain state homelessness and recovery-housing programs to follow Housing First-related rules, collect and report data, and provide housing-transition support.

## Welfare and Institutions Code - WIC ## DIVISION 8. MISCELLANEOUS [8050 - 8266] ( Division 8 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 6.5. California Interagency Council on Homelessness [8255 - 8257.3] ( Chapter 6.5 repealed and added by Stats. 2026, Ch. 28, Sec. 106. ) ## 8256. (a) Except as provided in subdivision (c), agencies and departments administering state programs created on or after July 1, 2017, shall collaborate with the council staff to adopt guidelines and regulations to incorporate core components of Housing First. (b) By July 1, 2019, except as otherwise provided in subdivision (c), agencies and departments administering state programs in existence prior to July 1, 2017, shall collaborate with the council staff to revise or adopt guidelines and regulations that incorporate the core components of Housing First, if the existing guidelines and regulations do not already incorporate the core components of Housing First. (c) (1) For the Returning Home Well Program, the Specialized Treatment for Optimized Programming Program, and the Long-Term Offender Reentry Recovery Program, all of which are administered by the Department of Corrections and Rehabilitation, which fund recovery housing, as defined in paragraph (3), for parolees, as defined by Section 3000 of Title 15 of the California Code of Regulations, the Department of Corrections and Rehabilitation shall do all of the following: (A) In coordination with the council staff, consult with the Legislature, the California Housing and Homelessness Agency, the California Health and Human Services Agency, the United States Department of Housing and Urban Development, and other stakeholders to identify ways to improve the provision of housing to individuals who receive funding from that agency or department, consistent with the applicable requirements of state law. (B) Comply with the core components of Housing First, other than those components described in paragraphs (5) to (7), inclusive, of subdivision (b) of Section 8255. (C) Ensure that recovery housing programs meet the following requirements: (i) A recovery housing program participant shall sign an agreement upon entry that outlines the roles and responsibilities of both the participant and the program administrator to ensure individuals are aware of actions that could result in removal from the recovery housing program. Violations of the agreement shall not automatically result in discharge from the recovery housing program. (ii) Efforts to link program participants to alternative housing options, including interim sheltering, permanent housing, or transitional housing, shall be documented. If a recovery housing program participant chooses to stop living in a housing setting with a recovery focus, is discharged from the program, or is removed from housing, the program administrator shall offer assistance in accessing other housing and services options, including options operated with harm-reduction principles, and identifying an alternative housing placement. This clause does not apply to an individual who leaves the program without notifying the program administrator. (iii) The program administrator shall offer program participants who inform the program administrator that they are leaving the program one or more of the following: (I) Tenant housing navigation services to permanent housing. (II) Connections to alternative housing providers. (III) Access to supportive services. (IV) Intake into a locally-coordinated entry system. (V) Warm handoff to a partner homeless services provider offering housing navigation. (iv) The recovery housing program administrator shall track and report annually, to the program’s state funding source, the housing outcome for each program participant who is discharged, including, but not limited to, the following information: (I) The number of homeless individuals with a housing need served by the program funds that year, as well as the demographics of the population served. (II) Outcome data for all individuals served through program funds, including the type of housing that the individuals were connected to, the type of housing the individuals were exited to, the percent of housing exits that were successful, and exit types of unsuccessful housing exits. (v) The department shall make every effort to ensure that exits to homelessness are extremely rare. (2) The Department of Corrections and Rehabilitation shall make efforts to reduce recidivism by offering participation to formerly incarcerated persons in recovery housing programs. Connections to safe and supportive housing is a critical priority for successful community reintegration. (3) For purposes of this subdivision, “recovery housing” means sober living facilities and programs that provide housing in a recovery-focused and peer-supported community for people recovering from substance use issues. Participation is voluntary, unless that participation is pursuant to a court order or is a condition of release for individuals under the jurisdiction of a county probation department or the Department of Corrections and Rehabilitation. (d) (1) Beginning on January 1, 2023, a grantee or entity operating any of the following state homelessness programs, as a condition of receiving state funds, shall enter the required data elements described in paragraph (8) on the individuals and families it serves into its local Homeless Management Information System, as required by the United States Department of Housing and Urban Development guidance described in paragraph (8), unless otherwise exempted by state or federal law: (A) The program referred to as Homekey, as described in Section 50675.1.1 of the Health and Safety Code. (B) The Housing for a Healthy California Program established pursuant to Part 14.2 (commencing with Section 53590) of Division 31 of the Health and Safety Code. (C) The No Place Like Home Program established pursuant to Part 3.9 (commencing with Section 5849.1) of Division 5. (D) The Multifamily Housing Program (Chapter 6.7 (commencing with Section 50675) of Part 2 of Division 31 of the Health and Safety Code). (E) The Veterans Housing and Homeless Prevention Act of 2014, as established by Article 3.2 (commencing with Section 987.001) of Chapter 6 of Division 4 of the Military and Veterans Code. (F) The Bringing Families Home Program, as established by Article 6 (commencing with Section 16523) of Chapter 5 of Part 4 of Division 9. (G) The CalWORKs Housing Support Program, as established by Article 3.3 (commencing with Section 11330) of Chapter 2 of Part 3 of Division 9. (H) The Housing and Disability Income Advocacy Program, as established by Chapter 17 (commencing with Section 18999) of Part 6 of Division 9. (I) The Community Colleges Homeless and Housing Insecure Pilot Project, as established by funds appropriated by the Budget Act of 2019. (J) The Homeless Housing, Assistance, and Prevention Program established in Chapter 6 (commencing with Section 50216) of Part 1 of Division 31 of the Health and Safety Code. (2) Council staff, in consultation with respective administering state agencies or departments, shall specify the entry format and disclosure frequency for the programs subject to this subdivision to submit the data elements as specified in paragraph (1) to inform and meet the statewide objectives and goals described in Section 8257. (3) (A) The requirements of paragraph (1) shall additionally apply to all new state homelessness programs that commence on or after July 1, 2021. (B) New state homelessness programs and new grantees of the existing state programs described in paragraph (1) may be granted an extension of up to one year from program launch to meet the requirements of this subdivision. (4) For purposes of this subdivision, state homelessness programs are defined as those programs that are funded, in whole or in part, by the state with the express purpose of addressing or preventing homelessness or providing services to people experiencing homelessness. This definition shall be broadly construed for the purpose of carrying out the requirements of this subdivision. (5) The requirements of paragraphs (1) and (3) do not supplant any existing requirements imposed on a grantee or entity operating a state program described in this subdivision that require the program to report data into their local Homeless Management Information Systems before January 1, 2023. (6) (A) Any grantee or entity operating a program described in paragraph (1) or (3) that does not already collect and enter into the local Homeless Management Information System the data elements required under this subdivision shall, upon request, receive technical assistance and guidance from council staff and, as available, from federal partners, including, but not limited to, the United States Department of Housing and Urban Development. (B) When a grantee or entity operating a program requests technical assistance, the council staff shall inform the respective administering state agency or department and offer the opportunity to partner or coordinate the provision of technical assistance. (7) Any grantee or entity operating a program described in paragraph (1) shall, upon request, be granted an extension to meet the requirements in this subdivision, provided noncompliant grantees are making good faith progress towards meeting the requirements. An extension granted under this paragraph shall not extend beyond July 1, 2023. For purposes of this paragraph, “making good faith progress” includes, but is not limited to, engaging in technical assistance offered under paragraph (6) and establishing a plan to comply with this subdivision. (8) For purposes of this subdivision, required data elements are the Universal Data Elements (Items 3.01–3.917) and the Common Data Elements (Items 4.02–4.20 and Item W5 of the Individual Federal Partner Program Elements) drawn from the United States Department of Housing and Urban Development Homeless Management Information System Data Standards. When necessary, due to federal changes to the items indicated in this paragraph, the required data elements may be amended to maintain alignment with federal standards. (9) Beginning January 1, 2022, council staff shall provide aggregate data summaries collected in full pursuant to this subdivision to the respective administering state agencies or departments that oversee relevant programs within 45 days of receipt. Where feasible, council staff shall notify the respective administering state agencies or departments at least 14 days before sharing, publicly using, or referencing the data, including, but not limited to, using the data for any substantive analysis, summary statistics, or other findings. (e) The Board of State and Community Corrections Adult Reentry Grant programs that fund recovery housing subject to this chapter shall apply the requirements of this chapter prospectively beginning July 1, 2022, through any new contracts or agreements. (Amended by Stats. 2026, Ch. 28, Sec. 108. (SB 170) Effective June 29, 2026.)
8257.
## Welfare and Institutions Code - WIC ## DIVISION 8. MISCELLANEOUS [8050 - 8266] ( Division 8 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 6.5. California Interagency Council on Homelessness [8255 - 8257.3] ( Chapter 6.5 repealed and added by Stats. 2026, Ch. 28, Sec. 106. )
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The Governor must create the Interagency Council on Homelessness, and the council and its staff must carry out homelessness coordination, data-sharing, funding, reporting, and meeting duties.

## Welfare and Institutions Code - WIC ## DIVISION 8. MISCELLANEOUS [8050 - 8266] ( Division 8 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 6.5. California Interagency Council on Homelessness [8255 - 8257.3] ( Chapter 6.5 repealed and added by Stats. 2026, Ch. 28, Sec. 106. ) ## 8257. (a) The Governor shall create an Interagency Council on Homelessness. (b) The council shall have all of the following goals: (1) To oversee implementation of this chapter. (2) To identify mainstream resources, benefits, and services that can be accessed to prevent and end homelessness in California. (3) To create partnerships among state agencies and departments, local government agencies, participants in the United States Department of Housing and Urban Development’s Continuum of Care Program, federal agencies, the United States Interagency Council on Homelessness, nonprofit entities working to end homelessness, homeless services providers, and the private sector, for the purpose of arriving at specific strategies to end homelessness. (4) To promote systems integration to increase efficiency and effectiveness while focusing on designing systems to address the needs of people experiencing homelessness, including unaccompanied youth under 25 years of age. (5) To coordinate existing funding and applications for funding. Any action taken pursuant to this paragraph shall not restructure or change any existing allocations or allocation formulas. (A) To ensure eligible applicants are informed of opportunities to apply for funding, council staff shall develop and regularly maintain a strategic funding guide and a calendar of new or existing funding opportunities. (B) Agencies and departments administering state programs shall provide the council updated information on new or existing funding opportunities on a quarterly basis. (6) To make policy and procedural recommendations to legislators and other governmental entities. (7) To identify and seek funding opportunities for state entities that have programs to end homelessness, including, but not limited to, federal and philanthropic funding opportunities, and to facilitate and coordinate those state entities’ efforts to obtain that funding. (8) To broker agreements between state agencies and departments and between state agencies and departments and local jurisdictions to align and coordinate resources, reduce administrative burdens of accessing existing resources, and foster common applications for services, operating, and capital funding. (9) To serve as a statewide facilitator, coordinator, and policy development resource on ending homelessness in California. (10) To report to the Governor, federal Cabinet members, and the Legislature on homelessness and work to reduce homelessness. (11) To ensure accountability and results in meeting the strategies and goals of the council. (12) To identify and implement strategies to fight homelessness in small communities and rural areas. (13) To create a statewide data system or warehouse, which shall be known as the Homeless Data Integration System, that collects local data through Homeless Management Information Systems, with the ultimate goal of matching data on homelessness to programs impacting homeless recipients of state programs, such as the Medi-Cal program (Chapter 7 (commencing with Section 14000) of Part 3 of Division 9) and CalWORKs (Chapter 2 (commencing with Section 11200) of Part 3 of Division 9). Upon creation of the Homeless Data Integration System, all continuums of care, as defined in Section 578.3 of Title 24 of the Code of Federal Regulations, that are operating in California shall provide collected data elements, including, but not limited to, health information, in a manner consistent with federal law, to the Homeless Data Integration System. (A) Council staff shall specify the form and substance of the required data elements. (B) Council staff may, as required by operational necessity, and in accordance with paragraph (8) of subdivision (d) of Section 8256, amend or modify data elements, disclosure formats, or disclosure frequency. (C) (i) To further the efforts to improve the public health, safety, and welfare of people experiencing homelessness in the state, council staff may collect data from the continuums of care as provided in this paragraph. (ii) Council staff shall, upon request, share personally identifiable, individual-level data from the Homeless Data Integration System with an agency or department that is a member of the council for purposes of measuring housing instability and examining the effectiveness of, and need for, housing and homelessness programs and other antipoverty programs among Californians. (iii) Data disclosed pursuant to this subparagraph shall be in compliance with the Information Practices Act of 1977 (Chapter 1 (commencing with Section 1798) of Title 1.8 of Part 4 of Division 3 of the Civil Code). (D) Any health information or personal identifying information provided to, or maintained within, the Homeless Data Integration System shall not be subject to public inspection or disclosure under the California Public Records Act (Division 10 (commencing with Section 7920.000) of Title 1 of the Government Code). (E) For purposes of this paragraph, “health information” includes “protected health information,” as defined in Section 160.103 of Title 45 of the Code of Federal Regulations, and “medical information,” as defined in subdivision (j) of Section 56.05 of the Civil Code. (14) To set goals to prevent and end homelessness among California’s youth. (15) To improve the safety, health, and welfare of young people experiencing homelessness in the state. (16) To increase system integration and coordinating efforts to prevent homelessness among youth who are currently or formerly involved in the child welfare system or the juvenile justice system. (17) To lead efforts to coordinate a spectrum of funding, policy, and practice efforts related to young people experiencing homelessness. (18) To identify best practices to ensure homeless minors who may have experienced maltreatment, as described in Section 300, are appropriately referred to, or have the ability to self-refer to, the child welfare system. (19) To collect, compile, and make available to the public financial data provided to the council from all state-funded homelessness programs. (A) (i) Commencing with the 2025–26 fiscal year, and every fiscal year thereafter, council staff shall collect fiscal and outcome data from state agencies and departments administering state homelessness programs with a grantee or entity that is required to enter data elements on individuals and families it serves pursuant to paragraphs (1) and (3) of subdivision (d) of Section 8256. The state agencies and departments shall submit the fiscal and outcome data to council staff on or before February 1, 2027, and annually thereafter. (ii) Council staff, in collaboration with the respective administering state agencies or departments, shall specify the data elements, entry format, and disclosure frequency of fiscal and outcome data. (iii) Council staff may aggregate fiscal and outcome data in a manner it sees fit, and, in consultation with the respective administering state agencies or departments, shall make the data publicly available on or before June 1, 2027, and annually thereafter. (B) For the purposes of this paragraph: (i) “Fiscal data” includes, but is not limited to, funding sources, budget allocations, obligations, and expenditures, and any other financial data needed to assess a state homelessness program. Fiscal data collected pursuant to subparagraph (A) shall be limited to only the data authorized to be collected or requested from a grantee by administering agencies and departments based on the specific program’s authority or grant agreement. (ii) “Outcome data” includes, but is not limited to, data relating to people exiting into permanent housing and data elements described in subdivision (d) of Section 8256. Outcome data collected pursuant to subparagraph (A) shall be limited to only the data authorized to be collected or requested from a grantee by administering agencies and departments based on the specific program’s authority or grant agreement. (c) (1) The council shall consist of the following members: (A) The Secretary of Business, Consumer Services, and Housing and the Secretary of California Health and Human Services, who both shall serve as cochairs of the council. (B) The Director of Transportation. (C) The Director of Housing and Community Development. (D) The Director of Social Services. (E) The Director of the California Housing Finance Agency. (F) The Director or the State Medicaid Director of Health Care Services. (G) The Secretary of Veterans Affairs. (H) The Secretary of the Department of Corrections and Rehabilitation. (I) The Governor’s Tribal Advisor. (J) The Executive Director of the California Tax Credit Allocation Committee in the Treasurer’s office. (K) The State Public Health Officer. (L) The Director of the California Department of Aging. (M) The Director of Rehabilitation. (N) The Director of State Hospitals. (O) The executive director of the California Workforce Development Board. (P) The Director of Emergency Services. (Q) A representative from the State Department of Education, who shall be appointed by the Superintendent of Public Instruction. (R) A representative of the state public higher education system who shall be from one of the following: (i) The California Community Colleges. (ii) The University of California. (iii) The California State University. (2) The Senate Committee on Rules and the Speaker of the Assembly shall each appoint one member to the council from two different stakeholder organizations. (3) The council may, at its discretion, invite stakeholders, individuals who have experienced homelessness, members of philanthropic communities, and experts to participate in meetings or provide information to the council. (4) The council shall hold public meetings at least once every quarter. (d) The council shall regularly seek guidance from and, at least twice a year, meet with an advisory committee. Notwithstanding Section 11123.5 of 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), all members of the advisory committee may participate remotely in advisory committee meetings, including meetings held with the council, and no members are required to be present at the designated primary physical meeting location. The cochairs of the council shall appoint members to this advisory committee that reflects racial and gender diversity, and shall include the following: (1) A survivor of gender-based violence who formerly experienced homelessness. (2) Representatives of local agencies or organizations that participate in the United States Department of Housing and Urban Development’s Continuum of Care Program. (3) Stakeholders with expertise in solutions to homelessness and best practices from other states. (4) Representatives of committees on African Americans, youth, and survivors of gender-based violence. (5) A currently or formerly homeless person who lives in California. (6) A currently or formerly homeless youth who lives in California. (7) A currently or formerly homeless person with a developmental disability. (8) This advisory committee shall designate one of the above-described members to participate in every quarterly council meeting to provide a report to the council on advisory committee activities. (e) Within existing funding, the council may establish working groups, task forces, or other structures from within its membership or with outside members to assist it in its work. Working groups, task forces, or other structures established by the council shall determine their own meeting schedules. (f) Upon request of the council, a state agency or department that administers one or more state homelessness programs, including, but not limited to, an agency or department represented on the council pursuant to subdivision (c), the agency or department shall be required to do both of the following: (1) Participate in council workgroups, task forces, or other similar administrative structures. (2) Provide to the council any relevant information regarding those state homelessness programs. (g) (1) The members of the council, advisory committee, or working groups who are or have been homeless may receive per diem and reimbursement for travel or other expenses as follows: (A) A member of the council who is or has been homeless shall receive a per diem of one hundred dollars ($100) for each day during which that member is engaged in the performance of official duties and shall also be reimbursed for travel and other expenses necessarily incurred in the performance of official duties. (B) A member of the advisory committee who is or has been homeless shall receive a per diem of one hundred dollars ($100) for each day during which that member is engaged in the performance of official duties and shall also be reimbursed for travel and other expenses necessarily incurred in the performance of official duties. (C) A member of a working group, as defined and managed by council staff, who is or has been homeless shall receive a per diem of one hundred dollars ($100) for each day during which that member is engaged in the performance of official duties and shall also be reimbursed for travel and other expenses necessarily incurred in the performance of official duties. (2) (A) A per diem or reimbursement request pursuant to paragraph (1) is subject to funding availability. (B) Notwithstanding any other law, assistance provided pursuant to this subdivision shall not be deemed to be income for purposes of the Personal Income Tax Law (Part 10 (commencing with Section 17001) of Division 2 of the Revenue and Taxation Code) or used to determine eligibility for any state program or local program financed wholly or in part by state funds. (3) (A) For purposes of complying with paragraphs (1) and (2) of subdivision (a) of Section 41 of the Revenue and Taxation Code, as it pertains to this subdivision, the Legislature finds and declares as follows: (i) The specific goals, purposes, and objectives that the exemptions created by subparagraph (B) of paragraph (2) are as follows: (I) The objective is to facilitate the participation of individuals with lived homelessness experience in order to include valuable insight from those lived experiences in shaping policy recommendations. (II) The goal is to prevent members with lived homelessness experience from incurring tax liability because of their participation. (III) The purpose is to enable participants with lived homelessness experience to receive the full benefit of their per diem and reimbursements. (ii) The performance indicators the Legislature can use to determine if the exemption is achieving the goals, purposes, and objectives stated in clause (i) shall be as follows: (I) Whether the council, advisory committee, or working group members with lived homelessness experience incur any tax liability because of their participation on the committee. (II) The number of people with lived homelessness experience who serve on the council, advisory committee, and working groups. (B) (i) For purposes of complying with paragraph (3) of subdivision (a) of Section 41 of the Revenue and Taxation Code, as it pertains to this subdivision, the Legislative Analyst’s Office shall deliver to the Legislature on or before April 1 of each year a written report that includes both of the following: (I) The estimated aggregate tax liability incurred by council, advisory committee, or working group members with lived homelessness experience because of their participation on the committee. (II) The estimated number of people with lived homelessness experience who serve on the council, advisory committee, or working groups that excluded qualified amounts from gross income as described in paragraph (1). (ii) A report submitted pursuant to this subparagraph shall be submitted in compliance with Section 9795 of the Government Code. (iii) The reporting requirement pursuant to this subparagraph shall become inoperative on April 1, 2028, pursuant to Section 10231.5 of the Government Code. (4) For purposes of this subdivision, “the performance of official duties” includes, but is not limited to, attending a council, advisory, or working group meeting and reviewing agenda materials for no more than one day in preparation for each council, advisory, or working group meeting. (h) The appointed members of the council or committees, as described in this section, shall serve at the pleasure of their appointing authority. (i) The Business, Consumer Services, and Housing Agency shall provide staff for the council. (j) The members of the council may enter into memoranda of understanding with other members of the council to achieve the goals set forth in this chapter, as necessary, in order to facilitate communication and cooperation between the entities the members of the council represent. (k) There shall be an executive officer of the council under the direction of the Secretary of Business, Consumer Services, and Housing. (l) The council shall be under the direction of the executive officer and staffed by employees of the Business, Consumer Services, and Housing Agency. (Amended by Stats. 2024, Ch. 263, Sec. 2. (AB 799) Effective January 1, 2025.)
8257.01.
## Welfare and Institutions Code - WIC ## DIVISION 8. MISCELLANEOUS [8050 - 8266] ( Division 8 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 6.5. California Interagency Council on Homelessness [8255 - 8257.3] ( Chapter 6.5 repealed and added by Stats. 2026, Ch. 28, Sec. 106. )
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The executive council must use relevant state departments’ and agencies’ expertise, and may designate and reimburse a state agency or department to administer programs and related functions when it considers that necessary.

## Welfare and Institutions Code - WIC ## DIVISION 8. MISCELLANEOUS [8050 - 8266] ( Division 8 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 6.5. California Interagency Council on Homelessness [8255 - 8257.3] ( Chapter 6.5 repealed and added by Stats. 2026, Ch. 28, Sec. 106. ) ## 8257.01. (a) The executive council shall leverage the programmatic and administrative expertise of relevant state departments and agencies. (b) The executive council may also designate and reimburse a state agency or department to administer programs and related functions as it considers necessary. (Amended by Stats. 2026, Ch. 28, Sec. 109. (SB 170) Effective June 29, 2026.)
8257.02.
## Welfare and Institutions Code - WIC ## DIVISION 8. MISCELLANEOUS [8050 - 8266] ( Division 8 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 6.5. California Interagency Council on Homelessness [8255 - 8257.3] ( Chapter 6.5 repealed and added by Stats. 2026, Ch. 28, Sec. 106. )
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The California Interagency Council on Homelessness must be administered by an executive officer, and the executive council may delegate authority to that officer between meetings.

## Welfare and Institutions Code - WIC ## DIVISION 8. MISCELLANEOUS [8050 - 8266] ( Division 8 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 6.5. California Interagency Council on Homelessness [8255 - 8257.3] ( Chapter 6.5 repealed and added by Stats. 2026, Ch. 28, Sec. 106. ) ## 8257.02. (a) The California Interagency Council on Homelessness shall be administered by an executive officer of the California Interagency Council on Homelessness. (b) The executive council may delegate authority to the executive officer to act in the name of the executive council between meetings of the executive council. (Added by Stats. 2026, Ch. 28, Sec. 110. (SB 170) Effective June 29, 2026.)
8257.03.
## Welfare and Institutions Code - WIC ## DIVISION 8. MISCELLANEOUS [8050 - 8266] ( Division 8 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 6.5. California Interagency Council on Homelessness [8255 - 8257.3] ( Chapter 6.5 repealed and added by Stats. 2026, Ch. 28, Sec. 106. )
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The council’s executive officer must carry out the council’s duties and powers and keep the books and records needed for proper administration.

## Welfare and Institutions Code - WIC ## DIVISION 8. MISCELLANEOUS [8050 - 8266] ( Division 8 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 6.5. California Interagency Council on Homelessness [8255 - 8257.3] ( Chapter 6.5 repealed and added by Stats. 2026, Ch. 28, Sec. 106. ) ## 8257.03. The provisions of Chapter 2 (commencing with Section 11150) of Part 1 of Division 3 of Title 2 of the Government Code apply to the council, and the executive officer is the head of the California Interagency Council on Homelessness within the meaning of those provisions. The executive officer shall perform all duties, exercise all powers, discharge all responsibility, and administer and enforce all laws, rules, and regulations under the jurisdiction of the council. The executive officer shall keep all books and records necessary for proper and efficient administration of the California Interagency Council on Homelessness. (Added by Stats. 2026, Ch. 28, Sec. 111. (SB 170) Effective June 29, 2026.)
8257.04.
## Welfare and Institutions Code - WIC ## DIVISION 8. MISCELLANEOUS [8050 - 8266] ( Division 8 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 6.5. California Interagency Council on Homelessness [8255 - 8257.3] ( Chapter 6.5 repealed and added by Stats. 2026, Ch. 28, Sec. 106. )
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The executive officer may hire employees as needed, and must set their duties and compensation according to State Personnel Board classifications.

## Welfare and Institutions Code - WIC ## DIVISION 8. MISCELLANEOUS [8050 - 8266] ( Division 8 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 6.5. California Interagency Council on Homelessness [8255 - 8257.3] ( Chapter 6.5 repealed and added by Stats. 2026, Ch. 28, Sec. 106. ) ## 8257.04. The executive officer may employ employees that the executive officer may need to discharge, in a proper manner, the duties imposed upon them by law. The executive officer shall prescribe their duties and fix their compensation in accordance with classifications made by the State Personnel Board. (Added by Stats. 2026, Ch. 28, Sec. 112. (SB 170) Effective June 29, 2026.)
8257.05.
## Welfare and Institutions Code - WIC ## DIVISION 8. MISCELLANEOUS [8050 - 8266] ( Division 8 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 6.5. California Interagency Council on Homelessness [8255 - 8257.3] ( Chapter 6.5 repealed and added by Stats. 2026, Ch. 28, Sec. 106. )
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The California Interagency Council on Homelessness is given a set of powers for chapter purposes.

## Welfare and Institutions Code - WIC ## DIVISION 8. MISCELLANEOUS [8050 - 8266] ( Division 8 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 6.5. California Interagency Council on Homelessness [8255 - 8257.3] ( Chapter 6.5 repealed and added by Stats. 2026, Ch. 28, Sec. 106. ) ## 8257.05. For the purposes of this chapter, the California Interagency Council on Homelessness has all of the following powers: (a) To sue and be sued in its own name. (b) To have an official seal and to alter it at its pleasure. (c) To make and execute contracts and all other instruments necessary or convenient for the exercise of its powers and functions. (d) To provide advice, technical information, and consultative and technical services as provided in this chapter. (e) To enter into agreements or other transactions with any governmental agency. (f) To appear on its own behalf before boards, commissions, departments, or other agencies of local, state, or federal government. (g) To establish any regional offices necessary to effectuate the council’s purposes and functions. (h) To provide bilingual staff in connection with services of the council and make available council publications in a language other than English when necessary to effectively serve groups for which the services or publications are made available. (i) To do any and all things necessary to carry out its purposes and exercise the powers expressly granted by this chapter. (Added by Stats. 2026, Ch. 28, Sec. 113. (SB 170) Effective June 29, 2026.)
8257.1.
## Welfare and Institutions Code - WIC ## DIVISION 8. MISCELLANEOUS [8050 - 8266] ( Division 8 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 6.5. California Interagency Council on Homelessness [8255 - 8257.3] ( Chapter 6.5 repealed and added by Stats. 2026, Ch. 28, Sec. 106. )
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The council must, if the Legislature appropriates funds, carry out a statewide homelessness assessment and report its results; council staff must also file an interim report, and local governments may help by sharing existing data.

## Welfare and Institutions Code - WIC ## DIVISION 8. MISCELLANEOUS [8050 - 8266] ( Division 8 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 6.5. California Interagency Council on Homelessness [8255 - 8257.3] ( Chapter 6.5 repealed and added by Stats. 2026, Ch. 28, Sec. 106. ) ## 8257.1. (a) It is the intent of the Legislature to obtain trustworthy information to connect funding allocated to prevent and end homelessness with established sheltering and housing resources and to provide state agencies with accurate information to allow for more accurate forecasting to target future investments. To advance these goals, the council shall, upon appropriation by the Legislature, do both of the following: (1) Conduct, or contract with an entity to conduct, a statewide homelessness assessment that will do all of the following: (A) Identify all programs a state agency funds, implements, or administers for the purpose of providing unsheltered outreach services, emergency shelter, housing or housing-based services to persons experiencing homelessness or at risk of homelessness and do all of the following: (i) Identify homelessness interventions and service categories available statewide and in geographically diverse regions across the state. (ii) Compile the amount of funding distributed to local jurisdictions and its stated intent by the administering entity. (iii) Identify the intended uses for the funds identified pursuant to clause (ii) by type of intervention as stated by local jurisdictions requesting funding made available for housing- or homelessness-related services. (iv) Identify conditions or premise of the funds identified pursuant to clause (ii) as it relates to leveraging nonstate dollars. (v) If applicable, reasons for the unavailability of data. (B) Obtain the following information for each program identified in subparagraph (A) to the extent that data is available in local Homeless Management Information Systems (HMIS), the Homeless Data Integration System (HDIS) or other readily available data sources: (i) The number of permanent housing units that the program made available. (ii) The amount of rental subsides, vouchers, or other forms of financial support intended to prevent homelessness or to rehouse individuals that the program made available. (iii) The number of emergency shelter beds, vouchers, or units that the program made available. (iv) The wrap around services that the program offered. (C) Collect data, to the extent data it is available, on the numbers and demographics of persons served through the identified services, including, but not limited to, a quantification of the disparities across age, race, ethnicity, and other demographics based on the following subpopulation categories to describe the homelessness population relative to the general population: (i) Young adults. (ii) Unaccompanied minors. (iii) Single adults experiencing either chronic or nonchronic patterns of homelessness, of first-time homelessness. (iv) Adults over 50 years of age. (v) Veterans. (vi) Families experiencing either chronic or nonchronic patterns of homelessness, or first-time homelessness. (D) For each program identified pursuant to subparagraph (A) that provides housing or homelessness-related services, collect and analyze the following data: (i) The number of persons served annually by service or intervention type by age, gender, and racial subgroupings. (ii) Typical service mix use to develop portrait of the “types” of system clients to better understand the holistic needs of people experiencing homelessness and to forecast future uses and policies of resources intended to address homelessness. (iii) The service, services, or service mixes that are associated with individuals exiting homelessness. (iv) The duration and frequency individuals accessed services, on average, and the length of time from program intake to the date the individual moves into permanent housing or resolves homelessness. (v) Each type of housing and each type of intervention provided disaggregated by age, racial, and gender characteristics of recipients. (vi) The number of individuals whose homelessness was prevented after accessing homelessness prevention services (vii) Information about the people who accessed the resources identified in subparagraph (B) and disaggregated by demographic characteristics described in subparagraph (C). (viii) Analyze the results of current permanent and interim housing programs by program type. (ix) Additional data necessary to provide a comprehensive view of the homelessness response system. (E) Provide the reasons for lack of data availability, if applicable. (2) (A) For purposes of collecting data to conduct the assessment pursuant to paragraph (1), evaluate available data, including, but not limited to, HDIS, data from state agencies administering homelessness funds, statewide and local homeless point-in-time counts and housing inventory counts, and available statewide information on the number or rate of persons exiting state-funded institutional settings, including, but not limited to, state prisons and, to the extent possible, local jails, into homelessness. (B) The council staff may work with a technical assistance provider from the federal Department of Housing and Urban Development to complete the assessment. (C) For purposes of collecting data pursuant to paragraph (1), a local government may collaborate with the council staff or the entity conducting the statewide assessment to, if available, share existing data from existing local analyses of system needs or gaps to complement other data requested. (D) The council staff shall submit an interim report by July 1, 2022, to the Assembly Housing and Community Development Committee, the Assembly Committee on Budget, Senate Committee on Housing, and Senate Committee on Budget and Fiscal Review. The report submitted pursuant to this paragraph shall comply with Section 9795 of the Government Code. (E) The council shall report on the final assessment by December 31, 2022, to the Assembly Housing and Community Development Committee, the Assembly Committee on Budget, Senate Committee on Housing, and Senate Committee on Budget and Fiscal Review. The report submitted pursuant to this paragraph shall comply with Section 9795 of the Government Code. (b) For purposes of this section, all of the following definitions apply: (1) “Chronic homelessness” has the same definition as that in Section 578.3 of Title 24 of the Code of Federal Regulations, as that section read on January 1, 2020. (2) “State-funded institutional settings” include, but are not limited to, justice, juvenile justice, child welfare, and health care settings. (3) “Young adult” means a person 18 to 24 years of age, inclusive. (4) “Persons at risk of homelessness” means a person or family in the circumstances described in Section 11302(a)(5) of Title 42 of the United States Code. (5) “Homeless” has the same meaning as defined in Section 578.3 of Title 24 of the Code of Federal Regulations, as that section read on January 10, 2019. (Amended by Stats. 2026, Ch. 28, Sec. 114. (SB 170) Effective June 29, 2026.)
8257.2.
## Welfare and Institutions Code - WIC ## DIVISION 8. MISCELLANEOUS [8050 - 8266] ( Division 8 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 6.5. California Interagency Council on Homelessness [8255 - 8257.3] ( Chapter 6.5 repealed and added by Stats. 2026, Ch. 28, Sec. 106. )
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State agencies with a member on the executive council must provide requested data for the homelessness assessment within 60 days, remove personally identifying data, and the council staff must share local data with administering agencies within 45 days.

## Welfare and Institutions Code - WIC ## DIVISION 8. MISCELLANEOUS [8050 - 8266] ( Division 8 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 6.5. California Interagency Council on Homelessness [8255 - 8257.3] ( Chapter 6.5 repealed and added by Stats. 2026, Ch. 28, Sec. 106. ) ## 8257.2. (a) Notwithstanding any other law, for purposes of designing, collecting data for, and approving the assessment described in Section 8257.1, a state agency that has a member on the executive council shall, within 60 days of a request for data pertaining to that state agency, provide to the council staff, or the entity conducting the assessment, the requested data, including, but not limited to, the number or rate of persons exiting state-funded institutional settings into homelessness. State agencies shall be granted reasonable extensions beyond 60 days as necessary to produce high quality data. The state department or agency shall remove any personally identifying data provided pursuant to this subdivision, if any. (b) The council staff shall provide the local data collected pursuant to Section 8257.1 to the respective administering state agencies overseeing those programs within 45 days of receipt. (1) The council staff and the state agency receiving data pursuant to this subdivision shall work in collaboration to determine the format and timing of delivery of local data collected to comply with data security and privacy practices and availability of staff to execute requests. (2) When feasible, the council staff shall notify the state agency receiving data pursuant to this subdivision at least seven days prior to sharing or publicly using or referencing the data, including, but not limited to, using the data for any substantive analysis summary statistics, or other findings. (c) For purposes of this section, the following definitions apply: (1) “Personally identifying information” has the same meaning as that in Section 1798.79.8 of the Civil Code. (2) “State-funded institutional settings” include, but are not limited to, justice, juvenile justice, child welfare, and health care settings. (Amended by Stats. 2026, Ch. 28, Sec. 115. (SB 170) Effective June 29, 2026.)
8257.3.
## Welfare and Institutions Code - WIC ## DIVISION 8. MISCELLANEOUS [8050 - 8266] ( Division 8 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 6.5. California Interagency Council on Homelessness [8255 - 8257.3] ( Chapter 6.5 repealed and added by Stats. 2026, Ch. 28, Sec. 106. )
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The council must work with LGBTQ+ community representatives to identify best practices, develop recommendations, improve services, expand data collection, and prevent discrimination in state homelessness programs. It must also submit a report by July 1, 2027.

## Welfare and Institutions Code - WIC ## DIVISION 8. MISCELLANEOUS [8050 - 8266] ( Division 8 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 6.5. California Interagency Council on Homelessness [8255 - 8257.3] ( Chapter 6.5 repealed and added by Stats. 2026, Ch. 28, Sec. 106. ) ## 8257.3. (a) The council shall coordinate with representatives from LGBTQ+ communities, including, but not limited to, housing providers, nonprofit organizations, advocates, and researchers, to do all of the following: (1) Identify recommended policies and best practices for providing inclusive and culturally competent services to LGBTQ+ people experiencing homelessness. (2) Develop recommendations to do all of the following: (A) Provide education, training, and resources to improve culturally competent services for LGBTQ+ people in state homelessness programs. (B) Expand data collection to understand the needs and experiences of LGBTQ+ people in state homelessness programs. (C) Prevent discrimination, harassment, and violence against members of the LGBTQ+ community in state homelessness programs. (b) For purposes of this section, “state homelessness programs” means those programs that are funded, in whole or in part, by the state with the express purpose of addressing or preventing homelessness or providing services to people experiencing homelessness. (c) Notwithstanding Section 9795 of the Government Code, on or before July 1, 2027, the council shall submit a report on the recommendations required by subdivision (a) to the Assembly Committee on Housing and Community Development and the Senate Committee on Housing, or their successor committees. (Added by Stats. 2025, Ch. 495, Sec. 1. (AB 678) Effective January 1, 2026.)
8259.
## Welfare and Institutions Code - WIC ## DIVISION 8. MISCELLANEOUS [8050 - 8266] ( Division 8 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 7. Homeless Youth Act of 2018 [8259 - 8261] ( Chapter 7 added by Stats. 2018, Ch. 841, Sec. 3. )
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The Legislature declares findings about runaway and homeless youth and says the Homeless Youth Act of 2018 was created to improve prevention, early intervention, housing, and followup services.

## Welfare and Institutions Code - WIC ## DIVISION 8. MISCELLANEOUS [8050 - 8266] ( Division 8 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 7. Homeless Youth Act of 2018 [8259 - 8261] ( Chapter 7 added by Stats. 2018, Ch. 841, Sec. 3. ) ## 8259. The Legislature finds and declares as follows: (a) Runaway and homeless youth are young people 12 to 24 years of age, inclusive, who have the least access to essential opportunities and supports. (b) The prevalence of runaways and homelessness among youth is staggering. Studies suggest that between 1.6 and 2.8 million youth up to 24 years of age in the United States experience homelessness every year. A disproportionate number of young people experiencing homelessness are youth of color, gay, lesbian, bisexual, or transgender. (c) California has the second highest rate of unsheltered young people experiencing homelessness in the nation, and the number is growing. (d) Thirty-one percent of all young people experiencing homelessness in the United States live in California, yet two-thirds of the state’s counties lack basic services for young people experiencing homelessness, including shelter, mental and behavioral services, family maintenance and strengthening, and substance abuse treatment programs. (e) Research indicates that young people experiencing homelessness are more likely to have used or to begin using drugs and alcohol due to their experiences of trauma and abuse prior to becoming homeless or as a result of homelessness, including commercial sexual exploitation. (f) With the adoption by the voters of Proposition 64, the Adult Use of Marijuana Act, there is an opportunity for new funding to support various programs and services for young people experiencing homelessness, including those with substance use disorders. (g) In furthering the goal to prevent youth homelessness, the Legislature has created the Homeless Youth Act of 2018 to improve prevention and early intervention support services, low barrier and diverse housing opportunities, and posthousing and followup services for young people experiencing homelessness, including those with substance use disorders. (Added by Stats. 2018, Ch. 841, Sec. 3. (SB 918) Effective January 1, 2019.)
826.
## 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 22. Wards and Dependent Children—Records [825 - 832] ( Heading of Article 22 renumbered from Article 13 by Stats. 1976, Ch. 1068. )
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This section lets juvenile records be destroyed or released under set age- and time-based rules, with some records kept for good cause or not destroyed if they cannot be sealed.

## 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 22. Wards and Dependent Children—Records [825 - 832] ( Heading of Article 22 renumbered from Article 13 by Stats. 1976, Ch. 1068. ) ## 826. (a) After five years from the date on which the jurisdiction of the juvenile court over a minor is terminated, the probation officer may destroy all records and papers in the proceedings concerning the minor. The juvenile court record, which includes all records and papers, any minute book entries, dockets and judgment dockets, shall be destroyed by order of the court as follows: when the person who is the subject of the record reaches the age of 28 years, if the person was alleged or adjudged to be a person described by Section 300, when the person who is the subject of the record reaches the age of 21 years, if the person was alleged or adjudged to be a person described by Section 601, or when the person reaches the age of 38 years if the person was alleged or adjudged to be a person described by Section 602, unless for good cause the court determines that the juvenile record shall be retained, or unless the juvenile court record is released to the person who is the subject of the record pursuant to this section. However, a juvenile court record which is not permitted to be sealed pursuant to subdivision (f) of Section 781 shall not be destroyed pursuant to this section. Any person who is the subject of a juvenile court record may by written notice request the juvenile court to release the court record to his or her custody. Wherever possible, the written notice shall include the person’s full name, the person’s date of birth, and the juvenile court case number. Any juvenile court receiving the written notice shall release the court record to the person who is the subject of the record five years after the jurisdiction of the juvenile court over the person has terminated, if the person was alleged or adjudged to be a person described by Section 300, or when the person reaches the age of 21 years, if the person was alleged or adjudged to be a person described by Section 601, unless for good cause the court determines that the record shall be retained. Exhibits shall be destroyed as provided under Section 1417 of the Penal Code. For the purpose of this section “destroy” means destroy or dispose of for the purpose of destruction. The proceedings in any case in which the juvenile court record is destroyed or released to the person who is the subject of the record pursuant to this section shall be deemed never to have occurred, and the person may reply accordingly to any inquiry about the events in the case. (b) If an individual whose juvenile court record has been destroyed or released under subdivision (a) discovers that any other agency still retains a record, the individual may file a petition with the court requesting that the records be destroyed. The petition will include the name of the agency and the type of record to be destroyed. The court shall order that such records also be destroyed unless for good cause the court determines to the contrary. The court shall send a copy of the order to each agency and each agency shall destroy records in its custody as directed by the order, and shall advise the court of its compliance. The court shall then destroy the copy of the petition, the order, and the notice of compliance from each agency. Thereafter, the proceedings in such case shall be deemed never to have occurred. (c) Juvenile court records in juvenile traffic matters, which include all records and papers, any minute book entries, dockets and judgment dockets, may be destroyed after five years from the date on which the jurisdiction of the juvenile court over a minor is terminated, or when the minor reaches the age of 21 years, if the person was alleged or adjudged to be a person described by Section 601. Prior to such destruction the original record may be microfilmed or photocopied. Every such reproduction shall be deemed and considered an original; and a transcript, exemplification or certified copy of any such reproduction shall be deemed and considered a transcript, exemplification or certified copy, as the case may be, of the original. (Amended by Stats. 2011, Ch. 459, Sec. 23. (AB 212) Effective October 4, 2011.)
826.5.
## 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 22. Wards and Dependent Children—Records [825 - 832] ( Heading of Article 22 renumbered from Article 13 by Stats. 1976, Ch. 1068. )
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Before the records must otherwise be destroyed, the juvenile court judge, clerk, or probation officer may destroy certain juvenile records if they have first been microfilmed or photocopied.

## 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 22. Wards and Dependent Children—Records [825 - 832] ( Heading of Article 22 renumbered from Article 13 by Stats. 1976, Ch. 1068. ) ## 826.5. (a) Notwithstanding the provisions of Section 826, at any time before a person reaches the age when his or her records are required to be destroyed, the judge or clerk of the juvenile court or the probation officer may destroy all records and papers, the juvenile court record, any minute book entries, dockets, and judgment dockets in the proceedings concerning the person as a minor if the records and papers, juvenile court record, any minute book entries, dockets, and judgment dockets are microfilmed or photocopied prior to destruction. Exhibits shall be destroyed as provided under Sections 1418, 1418.5, and 1419 of the Penal Code. (b) Every reproduction shall be deemed and considered an original. A transcript, exemplification, or certified copy of any reproduction shall be deemed and considered a transcript, exemplification, or certified copy, as the case may be, of the original. (Amended by Stats. 1981, Ch. 488, Sec. 3.)
826.6.
## 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 22. Wards and Dependent Children—Records [825 - 832] ( Heading of Article 22 renumbered from Article 13 by Stats. 1976, Ch. 1068. )
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This section requires notice and a written form for minors in certain juvenile court 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 22. Wards and Dependent Children—Records [825 - 832] ( Heading of Article 22 renumbered from Article 13 by Stats. 1976, Ch. 1068. ) ## 826.6. (a) Any minor who is the subject of a petition that has been filed in juvenile court to adjudge the minor a dependent child or a ward of the court shall be given written notice by the clerk of the court upon disposition of the petition or the termination of jurisdiction of the juvenile court of all of the following: (1) The statutory right of any person who has been the subject of juvenile court proceedings to petition for sealing of the case records. (2) The statutory provisions regarding the destruction of juvenile court records and records of juvenile court proceedings retained by state or local agencies. (3) The statutory right of any person who has been the subject of juvenile court proceedings to have his or her juvenile court record released to him or her in lieu of its destruction. (b) In any juvenile case where a local welfare department, probation department, or district attorney is responsible for notifying the minor of the dismissal, release, or termination of the case, the agency shall provide written notice to the minor of the information specified in subdivision (a) upon the dismissal, release, or termination of the case. (c) A written form providing the information described in this section shall be prepared by the clerk of the court and shall be made available to juvenile court clerks, probation departments, welfare departments, and district attorneys. (Amended by Stats. 1981, Ch. 488, Sec. 4.)
826.7.
## 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 22. Wards and Dependent Children—Records [825 - 832] ( Heading of Article 22 renumbered from Article 13 by Stats. 1976, Ch. 1068. )
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The custodian of records for a county welfare department or agency must release juvenile case files about a child who died from abuse or neglect to the public, subject to the stated statutory route or court order.

## 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 22. Wards and Dependent Children—Records [825 - 832] ( Heading of Article 22 renumbered from Article 13 by Stats. 1976, Ch. 1068. ) ## 826.7. Juvenile case files that pertain to a child who died as the result of abuse or neglect shall be released by the custodian of records of the county welfare department or agency to the public pursuant to Section 10850.4 or an order issued pursuant to paragraph (2) of subdivision (a) of Section 827. (Added by Stats. 2007, Ch. 468, Sec. 2. Effective January 1, 2008.)
826.8.
## 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 22. Wards and Dependent Children—Records [825 - 832] ( Heading of Article 22 renumbered from Article 13 by Stats. 1976, Ch. 1068. )
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The State Department of Social Services may provide certain dependency or foster care verification information to a qualifying person on 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 22. Wards and Dependent Children—Records [825 - 832] ( Heading of Article 22 renumbered from Article 13 by Stats. 1976, Ch. 1068. ) ## 826.8. Notwithstanding Section 827 and in order to assist with establishing eligibility for programs or services, the State Department of Social Services may provide to a person who was previously adjudged a dependent or ward of the juvenile court, was placed in foster care, and whose dependency or wardship has been dismissed, upon request by that person, the information included in the proof of dependency or wardship document described in subparagraph (E) of paragraph (2) of subdivision (e) of Section 391, or any information necessary to provide verification that the person was formerly a dependent or ward of the juvenile court and placed in foster care. (Added by Stats. 2015, Ch. 215, Sec. 1. (AB 592) Effective August 17, 2015.)
826.9.
## 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 22. Wards and Dependent Children—Records [825 - 832] ( Heading of Article 22 renumbered from Article 13 by Stats. 1976, Ch. 1068. )
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Certain county, probation, and local education staff may give higher-education institutions limited verification or a sworn attestation for eligible youth, and the institution must keep the information confidential.

## 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 22. Wards and Dependent Children—Records [825 - 832] ( Heading of Article 22 renumbered from Article 13 by Stats. 1976, Ch. 1068. ) ## 826.9. (a) Notwithstanding Section 827 and in order to support a person who is or was previously adjudged a dependent or ward of the juvenile court, placed in foster care or on probation, or taken into the custody of the county probation department, in attending an institution of higher education by assisting the person with tasks, such as applying, registering, enrolling, or obtaining financial aid or support, personnel at a county child welfare department, county probation department, or local educational agency may provide, upon request of the person, the institution of higher education with either or both of the following: (1) A sworn attestation, as defined in paragraph (7) of subdivision (a) Section 66020.8 of the Education Code, to be used for the purposes described in subdivision (b) of Section 66020.8 of the Education Code. (2) Information verifying that the person is or was previously adjudged a dependent or ward of the juvenile court, placed in foster care or on probation, or taken into the custody of the county probation department that may only include the following information: (A) The applicant’s name and date of birth. (B) The dates during which the applicant was within the jurisdiction of the juvenile court, placed in foster care or on probation, or taken into the custody of the county probation department, or, if the applicant was not within the jurisdiction of the juvenile court, a statement to that effect. (C) A statement that the applicant is or was a foster youth or juvenile court ward. (b) (1) All information received by the institution of higher education pursuant to subdivision (a) is confidential, shall only be used for the purposes specified in subdivision (a), shall only be shared among the institution of higher education’s staff who directly facilitate services for the person such as applying, registering, enrolling, or obtaining financial aid or support to the extent that the person is notified or sharing is necessary to facilitate the person’s request and, notwithstanding any other law, shall not be further disclosed or disseminated by the institution of higher education. (2) The institution of higher education shall retain the information received pursuant to subdivision (a) in a confidential file for three years after the person’s last term of enrollment, after which the confidential file shall be destroyed. (3) An intentional violation of the confidentiality provisions of this subdivision is a misdemeanor punishable by a fine not to exceed five hundred dollars ($500). (4) Information obtained pursuant to this section does not in and of itself constitute eligibility for persons who would not otherwise be eligible for any service or support intended solely for persons who are or were dependents or placed in foster care. (c) For the purposes of this section, “institution of higher education” means either of the following: (1) A public postsecondary educational institution. (2) A private postsecondary educational institution, including a trade or vocational school or similar program, that has been licensed or authorized to operate by the state in which it operates. (Added by Stats. 2025, Ch. 610, Sec. 2. (AB 243) Effective January 1, 2026.)
8260.
## Welfare and Institutions Code - WIC ## DIVISION 8. MISCELLANEOUS [8050 - 8266] ( Division 8 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 7. Homeless Youth Act of 2018 [8259 - 8261] ( Chapter 7 added by Stats. 2018, Ch. 841, Sec. 3. )
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This section defines key terms used in the chapter, including “Act,” “continuum of care,” “Council,” and “homeless youth.”

## Welfare and Institutions Code - WIC ## DIVISION 8. MISCELLANEOUS [8050 - 8266] ( Division 8 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 7. Homeless Youth Act of 2018 [8259 - 8261] ( Chapter 7 added by Stats. 2018, Ch. 841, Sec. 3. ) ## 8260. The following definitions apply for purposes of this chapter: (a) “Act” means the Homeless Youth Act of 2018 enacted by this chapter. (b) “Continuum of care” has the same meaning as defined in Section 578.3 of Title 24 of the Code of Federal Regulations. (c) “Council” means the California Interagency Council on Homelessness, formerly known as the Homeless Coordinating and Financing Council as described in Section 8257. (d) “Homeless youth” means an unaccompanied youth between 12 and 24 years of age, inclusive, who is experiencing homelessness, as defined in subsection (2) of Section 725 of the federal McKinney-Vento Homeless Assistance Act (42 U.S.C. Sec. 11434a(2)). “Homeless youth” includes unaccompanied youth who are pregnant or parenting. (Amended by Stats. 2021, Ch. 398, Sec. 6. (AB 1220) Effective January 1, 2022.)
8261.
## Welfare and Institutions Code - WIC ## DIVISION 8. MISCELLANEOUS [8050 - 8266] ( Division 8 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 7. Homeless Youth Act of 2018 [8259 - 8261] ( Chapter 7 added by Stats. 2018, Ch. 841, Sec. 3. )
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The council must set goals, collect data, and coordinate efforts to prevent and end youth homelessness in California.

## Welfare and Institutions Code - WIC ## DIVISION 8. MISCELLANEOUS [8050 - 8266] ( Division 8 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 7. Homeless Youth Act of 2018 [8259 - 8261] ( Chapter 7 added by Stats. 2018, Ch. 841, Sec. 3. ) ## 8261. (a) The council shall set and measure progress towards goals to prevent and end homelessness among youth in California by doing both of the following: (1) Setting specific, measurable goals aimed at preventing and ending homelessness among youth in the state. These goals shall include, but not be limited to, all of the following: (A) Measurably decreasing the number of young people experiencing homelessness in the state. (B) Measurably increasing permanency rates among young people experiencing homelessness by decreasing the length and occurrences of young people experiencing homelessness caused by a youth’s separation from family or a legal guardian. (C) Decreasing the duration and frequency of experiences of homelessness among California’s youth. (D) Decreasing barriers to services through promoting cross-systems partnerships to expedite access to services, including social services, child welfare services, regional center services, and mental health services. (2) Defining outcome measures and gathering data related to the goals. (A) The council shall develop and collect data on county-level and statewide measures, including, but not limited to, the number of young people experiencing homelessness in California and their dependency status, delinquency status, family reunification status, housing status, program participation, and runaway status. (B) Data collection and sharing among state and county agencies and service providers shall be a condition upon the receipt of any state funding for programs related to youth homelessness and its prevention. All recipients shall be required to share with the council any relevant data from their Homeless Management Information Systems. Data collection and sharing pursuant to this chapter shall be conducted and maintained in accordance with all applicable state and federal privacy and confidentiality laws and regulations. (C) The council shall seek data from any and all relevant sources, including the Homeless Management Information System (HMIS), if available, in order to meet the requirements of this section. (D) Providers of data shall do either of the following: (i) Redact the names, dates of birth, and addresses of victims of domestic violence, as defined in Section 6211 of the Family Code, prior to reporting data to the council. (ii) Obtain informed consent from a victim of domestic violence, as defined in Section 6211 of the Family Code and in accordance with all applicable state and federal confidentiality laws, before disclosing confidential information about that individual pursuant to this section. (b) In order to coordinate a spectrum of funding, policy, and practice efforts related to young people experiencing homelessness, the council shall do both of the following: (1) Coordinate with young people experiencing homelessness, the State Department of Social Services, other appropriate state and county agencies and departments, and other stakeholders to inform policy, practices, and programs. (2) To the extent that funding is made available, provide technical assistance and program development support to increase capacity among new and existing service providers to best meet statewide needs, particularly in areas where services for young people experiencing homelessness have not been established, and provide support to service providers in making evidence-informed and data-driven decisions. (Amended by Stats. 2024, Ch. 50, Sec. 18. (AB 169) Effective July 2, 2024.)
8262.
## Welfare and Institutions Code - WIC ## DIVISION 8. MISCELLANEOUS [8050 - 8266] ( Division 8 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 8. Homeless Domestic Violence Survivors and Homelessness Data Systems [8262 - 8266] ( Chapter 8 added by Stats. 2022, Ch. 665, Sec. 2. )
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This section states legislative findings about the connection between domestic violence and homelessness, especially for women and unaccompanied women.

## Welfare and Institutions Code - WIC ## DIVISION 8. MISCELLANEOUS [8050 - 8266] ( Division 8 repealed and added by Stats. 1967, Ch. 1667. ) ## CHAPTER 8. Homeless Domestic Violence Survivors and Homelessness Data Systems [8262 - 8266] ( Chapter 8 added by Stats. 2022, Ch. 665, Sec. 2. ) ## 8262. The Legislature finds and declares all of the following: (a) Research has found that women and men who experienced food and housing insecurity in the past 12 months reported a significantly higher 12-month prevalence of rape, physical violence, or stalking by an intimate partner compared to women and men who did not experience food and housing insecurity. (b) In a California study, women who experienced interpersonal violence in the last year had almost four times the odds of reporting housing instability than women who did not experience interpersonal violence. (c) Research indicates that upward of 57 percent of all homeless women report that domestic violence was the immediate cause of their homelessness. Additionally, 38 percent of all survivors of domestic violence become homeless at some point in their lives. (d) A survivor of domestic violence will often leave the person causing harm multiple times before finally escaping the violence, therefore experiencing multiple periods of homelessness. (e) The violence and experience of homelessness not only impacts the adult survivors of domestic violence, but also their children. Among mothers with children experiencing homelessness, more than 80 percent had previously experienced domestic violence. (f) The state’s Homeless Data Integration System (HDIS) shows that in 2020, 33,686 Californians experiencing homelessness were victims of domestic violence, and that women, transgender, and gender nonconforming people were 43 percent of those experiencing homelessness. (g) Unaccompanied women are individuals who identify as women, 18 years of age and older, who are experiencing homelessness while not in the company of children or other dependents. (h) Unaccompanied women constitute 29 percent, or nearly one in three of all adult individuals experiencing homelessness in the United States, for a total of 120,015 women, constituting over one-half of all unhoused women nationally, according to Point-in-Time data summarized in the 2020 Annual Homeless Assessment Report (AHAR). (i) California has the single largest population of women experiencing homelessness in the nation. According to HDIS, 102,112 women experienced homelessness in California in 2020. According to the 2020 AHAR, 53,505 women were experiencing homelessness as individuals in California. Unaccompanied women constitute one in three of all unhoused Californians, and 40 percent of individuals experiencing homelessness. (j) Unaccompanied women endure high rates of first-time homelessness, longer spells of homelessness, and higher barriers in accessing stable housing. Unaccompanied women are disproportionately women of color, particularly Black women, and they report extremely high incidence of trauma, whether physical, sexual, or psychological in nature, that is compounded by their ongoing homelessness. (Added by Stats. 2022, Ch. 665, Sec. 2. (SB 914) Effective January 1, 2023.)

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