200. This chapter shall be known and may be cited as the
"Arnold-Kennick Juvenile Court Law."
201. The provisions of this chapter, insofar as they are
substantially the same as existing statutory provisions relating to
the same subject matter, shall be construed as restatements and
continuations thereof, and not as new enactments.
202. (a) The purpose of this chapter is to provide for the
protection and safety of the public and each minor under the
jurisdiction of the juvenile court and to preserve and strengthen the
minor's family ties whenever possible, removing the minor from the
custody of his or her parents only when necessary for his or her
welfare or for the safety and protection of the public. If removal of
a minor is determined by the juvenile court to be necessary,
reunification of the minor with his or her family shall be a primary
objective. If the minor is removed from his or her own family, it is
the purpose of this chapter to secure for the minor custody, care,
and discipline as nearly as possible equivalent to that which should
have been given by his or her parents. This chapter shall be
liberally construed to carry out these purposes.
(b) Minors under the jurisdiction of the juvenile court who are in
need of protective services shall receive care, treatment, and
guidance consistent with their best interest and the best interest of
the public. Minors under the jurisdiction of the juvenile court as a
consequence of delinquent conduct shall, in conformity with the
interests of public safety and protection, receive care, treatment,
and guidance that is consistent with their best interest, that holds
them accountable for their behavior, and that is appropriate for
their circumstances. This guidance may include punishment that is
consistent with the rehabilitative objectives of this chapter. If a
minor has been removed from the custody of his or her parents, family
preservation and family reunification are appropriate goals for the
juvenile court to consider when determining the disposition of a
minor under the jurisdiction of the juvenile court as a consequence
of delinquent conduct when those goals are consistent with his or her
best interests and the best interests of the public. When the minor
is no longer a ward of the juvenile court, the guidance he or she
received should enable him or her to be a law-abiding and productive
member of his or her family and the community.
(c) It is also the purpose of this chapter to reaffirm that the
duty of a parent to support and maintain a minor child continues,
subject to the financial ability of the parent to pay, during any
period in which the minor may be declared a ward of the court and
removed from the custody of the parent.
(d) Juvenile courts and other public agencies charged with
enforcing, interpreting, and administering the juvenile court law
shall consider the safety and protection of the public, the
importance of redressing injuries to victims, and the best interests
of the minor in all deliberations pursuant to this chapter.
Participants in the juvenile justice system shall hold themselves
accountable for its results. They shall act in conformity with a
comprehensive set of objectives established to improve system
performance in a vigorous and ongoing manner. In working to improve
system performance, the presiding judge of the juvenile court and
other juvenile court judges designated by the presiding judge of the
juvenile court shall take into consideration the recommendations
contained in subdivision (e) of Standard 5.40 of Title 5 of the
California Standards of Judicial Administration, contained in the
California Rules of Court.
(e) As used in this chapter, "punishment" means the imposition of
sanctions. It does not include retribution and shall not include a
court order to place a child in foster care as defined by Section
727.3. Permissible sanctions may include any of the following:
(1) Payment of a fine by the minor.
(2) Rendering of compulsory service without compensation performed
for the benefit of the community by the minor.
(3) Limitations on the minor's liberty imposed as a condition of
probation or parole.
(4) Commitment of the minor to a local detention or treatment
facility, such as a juvenile hall, camp, or ranch.
(5) Commitment of the minor to the Division of Juvenile
Facilities, Department of Corrections and Rehabilitation.
(f) In addition to the actions authorized by subdivision (e), the
juvenile court may, as appropriate, direct the offender to complete a
victim impact class, participate in victim offender conferencing
subject to the victim's consent, pay restitution to the victim or
victims, and make a contribution to the victim restitution fund after
all victim restitution orders and fines have been satisfied, in
order to hold the offender accountable or restore the victim or
community.
202.5. The duties of the probation officer, as described in this
chapter with respect to minors alleged or adjudged to be described by
Section 300, whether or not delegated pursuant to Section 272, shall
be deemed to be social service as defined by Section 10051, and
subject to the administration, supervision and regulations of the
State Department of Social Services.
203. An order adjudging a minor to be a ward of the juvenile court
shall not be deemed a conviction of a crime for any purpose, nor
shall a proceeding in the juvenile court be deemed a criminal
proceeding.
204. Notwithstanding any other provision of law, except provisions
of law governing the retention and storage of data, a family law
court and a court hearing a probate guardianship matter shall, upon
request from the juvenile court in any county, provide to the court
all available information the court deems necessary to make a
determination regarding the best interest of a child, as described in
Section 202, who is the subject of a proceeding before the juvenile
court pursuant to this division. The information shall also be
released to a child protective services worker or juvenile probation
officer acting within the scope of his or her duties in that
proceeding. Any information released pursuant to this section that is
confidential pursuant to any other provision of law shall remain
confidential and may not be released, except to the extent necessary
to comply with this section. No records shared pursuant to this
section may be disclosed to any party in a case unless the party
requests the agency or court that originates the record to release
these records and the request is granted. In counties that provide
confidential family law mediation, or confidential dependency
mediation, those mediations are not covered by this section.
204.5. Notwithstanding any other provision of law, the name of a
minor may be disclosed to the public if the minor is 14 years of age
or older and found by the juvenile court to be a person described in
Section 602 as a result of a sustained petition for the commission of
any of the offenses listed in Section 667.5 of the Penal Code, or in
subdivision (c) of Section 1192.7 of the Penal Code.
205. All commitments to institutions or for placement in family
homes under this chapter shall be, so far as practicable, either to
institutions or for placement in family homes of the same religious
belief as that of the person so committed or of his parents or to
institutions affording opportunity for instruction in such religious
belief.
206. Persons taken into custody and persons alleged to be within
the description of Section 300, or persons adjudged to be such and
made dependent children of the court pursuant to this chapter solely
upon that ground, shall be provided by the board of supervisors with
separate facilities segregated from persons either alleged or
adjudged to come within the description of Section 601 or 602 except
as provided in Section 16514. Separate segregated facilities may be
provided in the juvenile hall or elsewhere.
The facilities required by this section shall, with regard to
minors alleged or adjudged to come within Section 300, be nonsecure.
For the purposes of this section, the term "secure facility" means
a facility which is designed and operated so as to insure that all
entrances to, and exits from, the facility are under the exclusive
control of the staff of the facility, whether or not the person being
detained has freedom of movement within the perimeters of the
facility, or which relies on locked rooms and buildings, fences, or
physical restraints in order to control behavior of its residents.
The term "nonsecure facility" means a facility that is not
characterized by the use of physically restricting construction,
hardware, and procedures and which provides its residents access to
the surrounding community with minimal supervision. A facility shall
not be deemed secure due solely to any of the following conditions:
(1) the existence within the facility of a small room for the
protection of individual residents from themselves or others; (2) the
adoption of regulations establishing reasonable hours for residents
to come and go from the facility based upon a sensible and fair
balance between allowing residents free access to the community and
providing the staff with sufficient authority to maintain order,
limit unreasonable actions by residents, and to ensure that minors
placed in their care do not come and go at all hours of the day and
night or absent themselves at will for days at a time; and (3) staff
control over ingress and egress no greater than that exercised by a
prudent parent. The State Department of Social Services may adopt
regulations governing the use of small rooms pursuant to this
section.
No minor described in this section may be held in temporary
custody in any building that contains a jail or lockup for the
confinement of adults, unless, while in the building, the minor is
under continuous supervision and is not permitted to come into or
remain in contact with adults in custody in the building. In
addition, no minor who is alleged to be within the description of
Section 300 may be held in temporary custody in a building that
contains a jail or lockup for the confinement of adults, unless the
minor is under the direct and continuous supervision of a peace
officer or other child protective agency worker, as specified in
Section 11165.9 of the Penal Code, until temporary custody and
detention of the minor is assumed pursuant to Section 309. However,
if a child protective agency worker is not available to supervise the
minor as certified by the law enforcement agency which has custody
of the minor, a trained volunteer may be directed to supervise the
minor. The volunteer shall be trained and function under the auspices
of the agency which utilizes the volunteer. The minor may not remain
under the supervision of the volunteer for more than three hours. A
county which elects to utilize trained volunteers for the temporary
supervision of minors shall adopt guidelines for the training of the
volunteers which guidelines shall be approved by the State Department
of Social Services. Each county which elects to utilize trained
volunteers for the temporary supervision of minors shall report
annually to the department on the number of volunteers utilized, the
number of minors under their supervision, and the circumstances under
which volunteers were utilized.
No record of the detention of such a person shall be made or kept
by any law enforcement agency or the Department of Justice as a
record of arrest.
207. (a) No minor shall be detained in any jail, lockup, juvenile
hall, or other secure facility who is taken into custody solely upon
the ground that he or she is a person described by Section 601 or
adjudged to be such or made a ward of the juvenile court solely upon
that ground, except as provided in subdivision (b). If any such
minor, other than a minor described in subdivision (b), is detained,
he or she shall be detained in a sheltered-care facility or crisis
resolution home as provided for in Section 654, or in a nonsecure
facility provided for in subdivision (a), (b), (c), or (d) of Section
727.
(b) A minor taken into custody upon the ground that he or she is a
person described in Section 601, or adjudged to be a ward of the
juvenile court solely upon that ground, may be held in a secure
facility, other than a facility in which adults are held in secure
custody, in any of the following circumstances:
(1) For up to 12 hours after having been taken into custody for
the purpose of determining if there are any outstanding wants,
warrants, or holds against the minor in cases where the arresting
officer or probation officer has cause to believe that the wants,
warrants, or holds exist.
(2) For up to 24 hours after having been taken into custody, in
order to locate the minor's parent or guardian as soon as possible
and to arrange the return of the minor to his or her parent or
guardian, with the exception of an out-of-state runaway who is being
held pursuant to the Interstate Compact for Juveniles.
(c) Any minor detained in juvenile hall pursuant to subdivision
(b) may not be permitted to come or remain in contact with any person
detained on the basis that he or she has been taken into custody
upon the ground that he or she is a person described in Section 602
or adjudged to be such or made a ward of the juvenile court upon that
ground.
(d) Minors detained in juvenile hall pursuant to Sections 601 and
602 may be held in the same facility provided they are not permitted
to come or remain in contact within that facility.
(e) Every county shall keep a record of each minor detained under
subdivision (b), the place and length of time of the detention, and
the reasons why the detention was necessary. Every county shall
report this information to the Board of Corrections on a monthly
basis, on forms to be provided by that agency.
The board shall not disclose the name of the detainee, or any
personally identifying information contained in reports sent to the
Youth Authority under this subdivision.
207.1. (a) No court, judge, referee, peace officer, or employee of
a detention facility shall knowingly detain any minor in a jail or
lockup, except as provided in subdivision (b) or (d).
(b) Any minor who is alleged to have committed an offense
described in subdivision (b), paragraph (2) of subdivision (d), or
subdivision (e) of Section 707 whose case is transferred to a court
of criminal jurisdiction pursuant to Section 707.1 after a finding is
made that he or she is not a fit and proper subject to be dealt with
under the juvenile court law, or any minor who has been charged
directly in or transferred to a court of criminal jurisdiction
pursuant to Section 707.01, may be detained in a jail or other secure
facility for the confinement of adults if all of the following
conditions are met:
(1) The juvenile court or the court of criminal jurisdiction makes
a finding that the minor's further detention in the juvenile hall
would endanger the safety of the public or would be detrimental to
the other minors in the juvenile hall.
(2) Contact between the minor and adults in the facility is
restricted in accordance with Section 208.
(3) The minor is adequately supervised.
(c) A minor who is either found not to be a fit and proper subject
to be dealt with under the juvenile court law or who will be
transferred to a court of criminal jurisdiction pursuant to Section
707.01, at the time of transfer to a court of criminal jurisdiction
or at the conclusion of the fitness hearing, as the case may be,
shall be entitled to be released on bail or on his or her own
recognizance upon the same circumstances, terms, and conditions as an
adult who is alleged to have committed the same offense.
(d) (1) A minor 14 years of age or older who is taken into
temporary custody by a peace officer on the basis of being a person
described by Section 602, and who, in the reasonable belief of the
peace officer, presents a serious security risk of harm to self or
others, may be securely detained in a law enforcement facility that
contains a lockup for adults, if all of the following conditions are
met:
(A) The minor is held in temporary custody for the purpose of
investigating the case, facilitating release of the minor to a parent
or guardian, or arranging transfer of the minor to an appropriate
juvenile facility.
(B) The minor is detained in the law enforcement facility for a
period that does not exceed six hours except as provided in
subdivision (f).
(C) The minor is informed at the time he or she is securely
detained of the purpose of the secure detention, of the length of
time the secure detention is expected to last, and of the maximum
six-hour period the secure detention is authorized to last. In the
event an extension is granted pursuant to subdivision (f), the minor
shall be informed of the length of time the extension is expected to
last.
(D) Contact between the minor and adults confined in the facility
is restricted in accordance with Section 208.
(E) The minor is adequately supervised.
(F) A log or other written record is maintained by the law
enforcement agency showing the offense that is the basis for the
secure detention of the minor in the facility, the reasons and
circumstances forming the basis for the decision to place the minor
in secure detention, and the length of time the minor was securely
detained.
(2) Any other minor, other than a minor to which paragraph (1)
applies, who is taken into temporary custody by a peace officer on
the basis that the minor is a person described by Section 602 may be
taken to a law enforcement facility that contains a lockup for adults
and may be held in temporary custody in the facility for the
purposes of investigating the case, facilitating the release of the
minor to a parent or guardian, or arranging for the transfer of the
minor to an appropriate juvenile facility. While in the law
enforcement facility, the minor may not be securely detained and
shall be supervised in a manner so as to ensure that there will be no
contact with adults in custody in the facility. If the minor is held
in temporary, nonsecure custody within the facility, the peace
officer shall exercise one of the dispositional options authorized by
Sections 626 and 626.5 without unnecessary delay and, in every case,
within six hours.
(3) "Law enforcement facility," as used in this subdivision,
includes a police station or a sheriff's station, but does not
include a jail, as defined in subdivision (i).
(e) The Board of Corrections shall assist law enforcement
agencies, probation departments, and courts with the implementation
of this section by doing all of the following:
(1) The board shall advise each law enforcement agency, probation
department, and court affected by this section as to its existence
and effect.
(2) The board shall make available and, upon request, shall
provide, technical assistance to each governmental agency that
reported the confinement of a minor in a jail or lockup in calendar
year 1984 or 1985. The purpose of this technical assistance is to
develop alternatives to the use of jails or lockups for the
confinement of minors. These alternatives may include secure or
nonsecure facilities located apart from an existing jail or lockup,
improved transportation or access to juvenile halls or other juvenile
facilities, and other programmatic alternatives recommended by the
board. The technical assistance shall take any form the board deems
appropriate for effective compliance with this section.
(f) (1) (A) Under the limited conditions of inclement weather,
acts of God, or natural disasters that result in the temporary
unavailability of transportation, an extension of the six-hour
maximum period of detention set forth in paragraph (2) of subdivision
(d) may be granted to a county by the Board of Corrections. The
extension may be granted only by the board, on an individual,
case-by-case basis. If the extension is granted, the detention of
minors under those conditions shall not exceed the duration of the
special conditions, plus a period reasonably necessary to accomplish
transportation of the minor to a suitable juvenile facility, not to
exceed six hours after the restoration of available transportation.
(B) A county that receives an extension under this paragraph shall
comply with the requirements set forth in subdivision (d). The
county also shall provide a written report to the board that
specifies when the inclement weather, act of God, or natural disaster
ceased to exist, when transportation availability was restored, and
when the minor was delivered to a suitable juvenile facility. If the
minor was detained in excess of 24 hours, the board shall verify the
information contained in the report.
(2) Under the limited condition of temporary unavailability of
transportation, an extension of the six-hour maximum period of
detention set forth in paragraph (2) of subdivision (d) may be
granted by the board to an offshore law enforcement facility. The
extension may be granted only by the board, on an individual,
case-by-case basis. If the extension is granted, the detention of
minors under those conditions shall extend only until the next
available mode of transportation can be arranged.
An offshore law enforcement facility that receives an extension
under this paragraph shall comply with the requirements set forth in
subdivision (d). The facility also shall provide a written report to
the board that specifies when the next mode of transportation became
available, and when the minor was delivered to a suitable juvenile
facility. If the minor was detained in excess of 24 hours, the board
shall verify the information contained in the report.
(3) At least annually, the board shall review and report on
extensions sought and granted under this subdivision. If, upon that
review, the board determines that a county has sought one or more
extensions resulting in the excessive confinement of minors in adult
facilities, or that a county is engaged in a pattern and practice of
seeking extensions, it shall require the county to submit a detailed
explanation of the reasons for the extensions sought and an
assessment of the need for a conveniently located and suitable
juvenile facility. Upon receiving this information, the board shall
make available, and the county shall accept, technical assistance for
the purpose of developing suitable alternatives to the confinement
of minors in adult lockups.
(g) Any county that did not have a juvenile hall on January 1,
1987, may establish a special purpose juvenile hall, as defined by
the Board of Corrections, for the detention of minors for a period
not to exceed 96 hours. Any county that had a juvenile hall on
January 1, 1987, also may establish, in addition to the juvenile
hall, a special purpose juvenile hall. The board shall prescribe
minimum standards for that type of facility.
(h) No part of a building or a building complex that contains a
jail may be converted or utilized as a secure juvenile facility
unless all of the following criteria are met:
(1) The juvenile facility is physically, or architecturally,
separate and apart from the jail or lockup such that there could be
no contact between juveniles and incarcerated adults.
(2) Sharing of nonresidential program areas only occurs where
there are written policies and procedures that assure that there is
time-phased use of those areas that prevents contact between
juveniles and incarcerated adults.
(3) The juvenile facility has a dedicated and separate staff from
the jail or lockup, including management, security, and direct care
staff. Staff who provide specialized services such as food, laundry,
maintenance, engineering, or medical services, who are not normally
in contact with detainees, or whose infrequent contacts occur under
conditions of separation of juveniles and adults, may serve both
populations.
(4) The juvenile facility complies with all applicable state and
local statutory, licensing, and regulatory requirements for juvenile
facilities of its type.
(i) (1) "Jail," as used in this chapter, means a locked facility
administered by a law enforcement or governmental agency, the purpose
of which is to detain adults who have been charged with violations
of criminal law and are pending trial, or to hold convicted adult
criminal offenders sentenced for less than one year.
(2) "Lockup," as used in this chapter, means any locked room or
secure enclosure under the control of a sheriff or other peace
officer that is primarily for the temporary confinement of adults
upon arrest.
(3) "Offshore law enforcement facility," as used in this section,
means a sheriff's station containing a lockup for adults that is
located on an island located at least 22 miles from the California
coastline.
(j) Nothing in this section shall be deemed to prevent a peace
officer or employee of an adult detention facility or jail from
escorting a minor into the detention facility or jail for the purpose
of administering an evaluation, test, or chemical test pursuant to
Section 23157 of the Vehicle Code, if all of the following conditions
are met:
(1) The minor is taken into custody by a peace officer on the
basis of being a person described by Section 602 and there is no
equipment for the administration of the evaluation, test, or chemical
test located at a juvenile facility within a reasonable distance of
the point where the minor was taken into custody.
(2) The minor is not locked in a cell or room within the adult
detention facility or jail, is under the continuous, personal
supervision of a peace officer or employee of the detention facility
or jail, and is not permitted to come in contact or remain in contact
with in-custody adults.
(3) The evaluation, test, or chemical test administered pursuant
to Section 23157 of the Vehicle Code is performed as expeditiously as
possible, so that the minor is not delayed unnecessarily within the
adult detention facility or jail. Upon completion of the evaluation,
test, or chemical test, the minor shall be removed from the detention
facility or jail as soon as reasonably possible. No minor shall be
held in custody in an adult detention facility or jail under the
authority of this paragraph in excess of two hours.
207.2. (a) A minor who is held in temporary custody in a law
enforcement facility that contains a lockup for adults pursuant to
subdivision (d) of Section 207.1 may be released to a parent,
guardian, or responsible relative by the law enforcement agency
operating the facility, or may at the discretion of the law
enforcement agency be released into his or her own custody, provided
that a minor released into his or her own custody is furnished, upon
request, with transportation to his or her home or to the place where
the minor was taken into custody.
(b) In addition to the liability established by any other
provision of law, a parent or guardian of a minor who has been held
in temporary custody in a law enforcement facility pursuant to
subdivision (d) of Section 207.1 shall be liable for the reasonable
costs of transporting the minor to a juvenile facility and for the
costs of the minor's food, shelter, and care at the juvenile facility
when all of the following circumstances are applicable:
(1) The parent or guardian has received actual notice by telephone
or by written communication from the law enforcement agency that the
minor is scheduled for release and that the parent is requested to
take delivery of the minor at the law enforcement facility, in person
or through a responsible relative, by a time certain which shall be
no later than six hours from the time the minor was placed in
temporary custody at the law enforcement facility. The notice shall
inform the parent or guardian of the financial liability created by
this section.
(2) It is reasonably possible for the parent or guardian to take
delivery, in person or through a responsible relative, of the minor
at the law enforcement facility within the custody time limit
identified by the law enforcement agency in the request to take
delivery of the minor.
(3) The parent or guardian states a refusal to accept release of
the minor or fails to make a reasonable effort to take timely
delivery of the minor, in person or through a responsible relative,
in accordance with the request of the law enforcement agency.
(c) The liability established by this section, when combined with
any other liability arising under Section 903, shall not exceed one
hundred dollars ($100) for each 24-hour period, beginning when notice
of release was actually received, in which a notified parent or
guardian has failed to make a reasonable effort to take custody of
the minor, in person or through a responsible relative, at the law
enforcement facility or at a juvenile facility to which the minor is
subsequently transferred.
(d) The liability established by this section shall be limited by
the financial ability of the parents, guardians, or other persons to
pay. Any parent, guardian, or other person who is assessed under this
section shall, upon request, be entitled to an evaluation and
determination of ability to pay under Section 903.45. Any parent,
guardian, or other person who is assessed under this section shall
also be entitled, upon petition, to a hearing in the juvenile court
on the issues of liability and ability to pay.
207.5. Every person who misrepresents or falsely identifies himself
or herself either verbally or by presenting any fraudulent written
instrument to any probation officer, or to any superintendent,
director, counselor, or employee of a juvenile hall, ranch, or camp
for the purpose of securing admission to the premises or grounds of
any juvenile hall, ranch, or camp, or to gain access to any minor
detained therein, and who would not otherwise qualify for admission
or access thereto, is guilty of a misdemeanor.
207.6. A minor may be detained in a jail or other secure facility
for the confinement of adults pursuant to subdivision (b) of Section
207.1 or paragraph (1) of subdivision (b) of Section 707.1 only if
the court makes its findings on the record and, in addition, finds
that the minor poses a danger to the staff, other minors in the
juvenile facility, or to the public because of the minor's failure to
respond to the disciplinary control of the juvenile facility, or
because the nature of the danger posed by the minor cannot safely be
managed by the disciplinary procedures of the juvenile facility.
208. (a) When any person under 18 years of age is detained in or
sentenced to any institution in which adults are confined, it shall
be unlawful to permit such person to come or remain in contact with
such adults.
(b) No person who is a ward or dependent child of the juvenile
court who is detained in or committed to any state hospital or other
state facility shall be permitted to come or remain in contact with
any adult person who has been committed to any state hospital or
other state facility as a mentally disordered sex offender under the
provisions of Article 1 (commencing with Section 6300) of Chapter 2
of Part 2 of Division 6, or with any adult person who has been
charged in an accusatory pleading with the commission of any sex
offense for which registration of the convicted offender is required
under Section 290 of the Penal Code and who has been committed to any
state hospital or other state facility pursuant to Section 1026 or
1370 of the Penal Code.
(c) As used in this section, "contact" does not include
participation in supervised group therapy or other supervised
treatment activities, participation in work furlough programs, or
participation in hospital recreational activities which are directly
supervised by employees of the hospital, so long as living
arrangements are strictly segregated and all precautions are taken to
prevent unauthorized associations.
(d) This section shall be operative January 1, 1998.
208.5. (a) Notwithstanding any other law, in any case in which a
minor who is detained in or committed to a county institution
established for the purpose of housing juveniles attains 18 years of
age prior to or during the period of detention or confinement he or
she may be allowed to come or remain in contact with those juveniles
until 19 years of age, at which time he or she, upon the
recommendation of the probation officer, shall be delivered to the
custody of the sheriff for the remainder of the time he or she
remains in custody, unless the juvenile court orders continued
detention in a juvenile facility. If continued detention is ordered
for a ward under the jurisdiction of the juvenile court who is 19
years of age or older but under 21 years of age, the detained person
may be allowed to come into or remain in contact with any other
person detained in the institution subject to the requirements of
subdivision (b). The person shall be advised of his or her ability to
petition the court for continued detention in a juvenile facility at
the time of his or her attainment of 19 years of age.
Notwithstanding any other law, the sheriff may allow the person to
come into and remain in contact with other adults in the county jail
or in any other county correctional facility in which he or she is
housed.
(b) The county shall apply to the Corrections Standards Authority
for approval of a county institution established for the purpose of
housing juveniles as a suitable place for confinement before the
institution is used for the detention or commitment of an individual
under the jurisdiction of the juvenile court who is 19 years of age
or older but under 21 years of age where the detained person will
come into or remain in contact with persons under 18 years of age who
are detained in the institution. The authority shall review and
approve or deny the application of the county within 30 days of
receiving notice of this proposed use. In its review, the authority
shall take into account the available programming, capacity, and
safety of the institution as a place for the combined confinement and
rehabilitation of individuals under the jurisdiction of the juvenile
court who are over 19 years of age and those who are under 19 years
of age.
209. (a) The judge of the juvenile court of a county, or, if there
is more than one judge, any of the judges of the juvenile court
shall, at least annually, inspect any jail, juvenile hall, or special
purpose juvenile hall that, in the preceding calendar year, was used
for confinement, for more than 24 hours, of any minor.
The judge shall promptly notify the operator of the jail, juvenile
hall, or special purpose juvenile hall of any observed noncompliance
with minimum standards for juvenile facilities adopted by the Board
of Corrections under Section 210. Based on the facility's subsequent
compliance with the provisions of subdivisions (d) and (e), the judge
shall thereafter make a finding whether the facility is a suitable
place for the confinement of minors and shall note the finding in the
minutes of the court.
The Board of Corrections shall conduct a biennial inspection of
each jail, juvenile hall, lockup, or special purpose juvenile hall
situated in this state that, during the preceding calendar year, was
used for confinement, for more than 24 hours, of any minor. The board
shall promptly notify the operator of any jail, juvenile hall,
lockup, or special purpose juvenile hall of any noncompliance found,
upon inspection, with any of the minimum standards for juvenile
facilities adopted by the Board of Corrections under Section 210 or
210.2.
If either a judge of the juvenile court or the board, after
inspection of a jail, juvenile hall, special purpose juvenile hall,
or lockup, finds that it is not being operated and maintained as a
suitable place for the confinement of minors, the juvenile court or
the board shall give notice of its finding to all persons having
authority to confine minors pursuant to this chapter and commencing
60 days thereafter the facility shall not be used for confinement of
minors until the time the judge or board, as the case may be, finds,
after reinspection of the facility that the conditions that rendered
the facility unsuitable have been remedied, and the facility is a
suitable place for confinement of minors.
The custodian of each jail, juvenile hall, special purpose
juvenile hall, and lockup shall make any reports as may be requested
by the board or the juvenile court to effectuate the purposes of this
section.
(b) The Board of Corrections may inspect any law enforcement
facility that contains a lockup for adults and that it has reason to
believe may not be in compliance with the requirements of subdivision
(d) of Section 207.1 or with the certification requirements or
standards adopted under Section 210.2. A judge of the juvenile court
shall conduct an annual inspection, either in person or through a
delegated member of the appropriate county or regional juvenile
justice commission, of any law enforcement facility that contains a
lockup for adults which, in the preceding year, was used for the
secure detention of any minor. If the law enforcement facility is
observed, upon inspection, to be out of compliance with the
requirements of subdivision (d) of Section 207.1, or with any
standard adopted under Section 210.2, the board or the judge shall
promptly notify the operator of the law enforcement facility of the
specific points of noncompliance.
If either the judge or the board finds after inspection that the
facility is not being operated and maintained in conformity with the
requirements of subdivision (d) of Section 207.1 or with the
certification requirements or standards adopted under Section 210.2,
the juvenile court or the board shall give notice of its finding to
all persons having authority to securely detain minors in the
facility, and, commencing 60 days thereafter, the facility shall not
be used for the secure detention of a minor until the time the judge
or the board, as the case may be, finds, after reinspection, that the
conditions that rendered the facility unsuitable have been remedied,
and the facility is a suitable place for the confinement of minors
in conformity with all requirements of law.
The custodian of each law enforcement facility that contains a
lockup for adults shall make any report as may be requested by the
board or by the juvenile court to effectuate the purposes of this
subdivision.
(c) The board shall collect biennial data on the number, place,
and duration of confinements of minors in jails and lockups, as
defined in subdivision (i) of Section 207.1, and shall publish
biennially this information in the form as it deems appropriate for
the purpose of providing public information on continuing compliance
with the requirements of Section 207.1.
(d) Except as provided in subdivision (e), a juvenile hall,
special purpose juvenile hall, law enforcement facility, or jail
shall be unsuitable for the confinement of minors if it is not in
compliance with one or more of the minimum standards for juvenile
facilities adopted by the Board of Corrections under Section 210 or
210.2, and if, within 60 days of having received notice of
noncompliance from the board or the judge of the juvenile court, the
juvenile hall, special purpose juvenile hall, law enforcement
facility, or jail has failed to file an approved corrective action
plan with the Board of Corrections to correct the condition or
conditions of noncompliance of which it has been notified. The
corrective action plan shall outline how the juvenile hall, special
purpose juvenile hall, law enforcement facility, or jail plans to
correct the issue of noncompliance and give a reasonable timeframe,
not to exceed 90 days, for resolution, that the board shall either
approve or deny. In the event the juvenile hall, special purpose
juvenile hall, law enforcement facility, or jail fails to meet its
commitment to resolve noncompliance issues outlined in its corrective
action plan, the board shall make a determination of suitability at
its next scheduled meeting.
(e) If a juvenile hall is not in compliance with one or more of
the minimum standards for juvenile facilities adopted by the Board of
Corrections under Section 210, and where the noncompliance arises
from sustained occupancy levels that are above the population
capacity permitted by applicable minimum standards, the juvenile hall
shall be unsuitable for the confinement of minors if the board or
the judge of the juvenile court determines that conditions in the
facility pose a serious risk to the health, safety, or welfare of
minors confined in the facility. In making its determination of
suitability, the board or the judge of the juvenile court shall
consider, in addition to the noncompliance with minimum standards,
the totality of conditions in the juvenile hall, including the extent
and duration of overpopulation as well as staffing, program,
physical plant, and medical and mental health care conditions in the
facility. The Board of Corrections may develop guidelines and
procedures for its determination of suitability in accordance with
this subdivision and to assist counties in bringing their juvenile
halls into full compliance with applicable minimum standards. This
subdivision shall not be interpreted to exempt a juvenile hall from
having to correct, in accordance with the provisions of subdivision
(d), any minimum standard violations that are not directly related to
overpopulation of the facility.
(f) In accordance with the federal Juvenile Justice and
Delinquency Prevention Act of 2002 (42 U.S.C. Sec. 5601 et seq.), the
Corrections Standards Authority shall inspect and collect relevant
data from any facility that may be used for the secure detention of
minors.
210. The Board of Corrections shall adopt minimum standards for the
operation and maintenance of juvenile halls for the confinement of
minors.
210.1. The Board of Corrections shall develop guidelines for the
operation and maintenance of nonsecure placement facilities for
persons alleged or found to be persons coming within the terms of
Section 601 or 602.
210.2. (a) The Board of Corrections shall adopt regulations
establishing standards for law enforcement facilities which contain
lockups for adults and which are used for the temporary, secure
detention of minors upon arrest under subdivision (d) of Section
207.1. The standards shall identify appropriate conditions of
confinement for minors in law enforcement facilities, including
standards for places within a police station or sheriff's station
where minors may be securely detained; standards regulating contact
between minors and adults in custody in lockup, booking, or common
areas; standards for the supervision of minors securely detained in
these facilities; and any other related standard as the board deems
appropriate to effectuate compliance with subdivision (d) of Section
207.1.
(b) Every person in charge of a law enforcement facility which
contains a lockup for adults and which is used in any calendar year
for the secure detention of any minor shall certify annually that the
facility is in conformity with the regulations adopted by the board
under subdivision (a). The certification shall be endorsed by the
sheriff or chief of police of the jurisdiction in which the facility
is located and shall be forwarded to and maintained by the board. The
board may provide forms and instructions to local jurisdictions to
facilitate compliance with this requirement.
210.5. The Legislature finds and declares that it is in the best
public interest to encourage innovations in staffing ratios,
maximization of housing unit size, and experimentation with
innovative architectural designs and program components, designs, or
operations in the operation and maintenance of new juvenile detention
facilities. Therefore, to these ends, Tulare County, as a
demonstration project, may undertake the construction and operation
of a juvenile detention facility, to be known as the "Tulare County
Juvenile Facility," that shall not be subject to laws or regulations
governing staffing ratios and housing capacity for juvenile
facilities except as provided in this section. Before the county
proceeds with the construction and operation of the Tulare County
Juvenile Facility, the schematics and the proposed staffing patterns
of this project shall be subject to review and approval by the Board
of Corrections, which shall consider the proposed regulations,
applicable current case law, and appropriate juvenile correctional
practices in order to determine the merits of the proposal and to
ensure the safety and security of wards and the staff. Any review
conducted by the Board of Corrections pursuant to this section shall
consider community, inmate, and staff safety, and the extent to which
the project makes the most efficient use of resources. In addition,
progress reports and evaluative data regarding the success of the
demonstration project shall be provided to the Board of Corrections
by the county.
Nothing contained in this section shall affect the applicability
of the provisions of the Labor Code.
211. (a) No person under the age of 14 years shall be committed to
a state prison or be transferred thereto from any other institution.
(b) Notwithstanding any other provision of law, no person under
the age of 16 years shall be housed in any facility under the
jurisdiction of the Department of Corrections.
212. There shall be no fee for filing a petition under this chapter
nor shall any fees be charged by any public officer for his services
in filing or serving papers or for the performance of any duty
enjoined upon him by this chapter, except where the sheriff
transports a person to a state institution. If the judge of the
juvenile court orders that a ward or dependent child go to a state
institution without being accompanied by an officer or that a ward or
dependent child be taken to an institution by the probation officer
of the county or parole officer of the institution or by some other
suitable person, all expenses necessarily incurred therefor shall be
allowed and paid in the same manner and from the same funds as such
expenses would be allowed and paid were such transportation effected
by the sheriff.
213. Any willful disobedience or interference with any lawful order
of the juvenile court or of a judge or referee thereof constitutes a
contempt of court.
213.5. (a) After a petition has been filed pursuant to Section 311
to declare a child a dependent child of the juvenile court, and until
the time that the petition is dismissed or dependency is terminated,
upon application in the manner provided by Section 527 of the Code
of Civil Procedure, the juvenile court may issue ex parte orders (1)
enjoining any person from molesting, attacking, striking, sexually
assaulting, stalking, or battering the child or any other child in
the household; (2) excluding any person from the dwelling of the
person who has care, custody, and control of the child; and (3)
enjoining any person from behavior, including contacting,
threatening, or disturbing the peace of the child, that the court
determines is necessary to effectuate orders under paragraph (1) or
(2). A court may also issue an ex parte order enjoining any person
from contacting, threatening, molesting, attacking, striking,
sexually assaulting, stalking, battering, or disturbing the peace of
any parent, legal guardian, or current caretaker of the child,
regardless of whether the child resides with that parent, legal
guardian, or current caretaker, upon application in the manner
provided by Section 527 of the Code of Civil Procedure.
(b) After a petition has been filed pursuant to Section 601 or 602
to declare a child a ward of the juvenile court, and until the time
that the petition is dismissed or wardship is terminated, upon
application in the manner provided by Section 527 of the Code of
Civil Procedure, the juvenile court may issue ex parte orders (1)
enjoining any person from molesting, attacking, threatening, sexually
assaulting, stalking, or battering the child or any other child in
the household; (2) excluding any person from the dwelling of the
person who has care, custody, and control of the child; or (3)
enjoining the child from contacting, threatening, stalking, or
disturbing the peace of any person the court finds to be at risk from
the conduct of the child, or with whom association would be
detrimental to the child.
(c) If a temporary restraining order is granted without notice,
the matter shall be made returnable on an order requiring cause to be
shown why the order should not be granted, on the earliest day that
the business of the court will permit, but not later than 15 days or,
if good cause appears to the court, 20 days from the date the
temporary restraining order is granted. The court may, on the motion
of the person seeking the restraining order, or on its own motion,
shorten the time for service of the order to show cause on the person
to be restrained. The court may, upon its own motion or the filing
of an affidavit by the person seeking the restraining order, find
that the person to be restrained could not be served within the time
required by law and reissue an order previously issued and dissolved
by the court for failure to serve the person to be restrained. The
reissued order shall state on its face the date of expiration of the
order. Any hearing pursuant to this section may be held
simultaneously with any regularly scheduled hearings held in
proceedings to declare a child a dependent child or ward of the
juvenile court pursuant to Section 300, 601, or 602, or subsequent
hearings regarding the dependent child or ward.
(d) The juvenile court may issue, upon notice and a hearing, any
of the orders set forth in subdivisions (a), (b), and (c). Any
restraining order granted pursuant to this subdivision shall remain
in effect, in the discretion of the court, no more than three years,
unless otherwise terminated by the court, extended by mutual consent
of all parties to the restraining order, or extended by further order
of the court on the motion of any party to the restraining order.
(e) (1) The juvenile court may issue an order made pursuant to
subdivision (a), (c), or (d) excluding a person from a residence or
dwelling. This order may be issued for the time and on the conditions
that the court determines, regardless of which party holds legal or
equitable title or is the lessee of the residence or dwelling.
(2) The court may issue an order under paragraph (1) only on a
showing of all of the following:
(A) Facts sufficient for the court to ascertain that the party who
will stay in the dwelling has a right under color of law to
possession of the premises.
(B) That the party to be excluded has assaulted or threatens to
assault the other party or any other person under the care, custody,
and control of the other party, or any minor child of the parties or
of the other party.
(C) That physical or emotional harm would otherwise result to the
other party, to any person under the care, custody, and control of
the other party, or to any minor child of the parties or of the other
party.
(f) Any order issued pursuant to subdivision (a), (b), (c), or (d)
shall state on its face the date of expiration of the order.
(g) The juvenile court shall order any designated person or
attorney to mail a copy of any order, or extension, modification, or
termination thereof, granted pursuant to subdivision (a), (b), (c),
or (d), by the close of the business day on which the order,
extension, modification, or termination was granted, and any
subsequent proof of service thereof, to each local law enforcement
agency designated by the person seeking the restraining order or his
or her attorney having jurisdiction over the residence of the person
who has care, custody, and control of the child and other locations
where the court determines that acts of domestic violence or abuse
against the child or children are likely to occur. Each appropriate
law enforcement agency shall make available through an existing
system for verification, information as to the existence, terms, and
current status of any order issued pursuant to subdivision (a), (b),
(c), or (d) to any law enforcement officer responding to the scene of
reported domestic violence or abuse.
(h) Any willful and knowing violation of any order granted
pursuant to subdivision (a), (b), (c), or (d) shall be a misdemeanor
punishable under Section 273.65 of the Penal Code.
(i) A juvenile court restraining order related to domestic
violence issued by a court pursuant to this section shall be issued
on forms adopted by the Judicial Council of California and that have
been approved by the Department of Justice pursuant to subdivision
(i) of Section 6380 of the Family Code. However, the fact that an
order issued by a court pursuant to this section was not issued on
forms adopted by the Judicial Council and approved by the Department
of Justice shall not, in and of itself, make the order unenforceable.
(j) Information on any juvenile court restraining order related to
domestic violence issued by a court pursuant to this section shall
be transmitted to the Department of Justice in accordance with
subdivision (b) of Section 6380 of the Family Code.
(k) (1) Prior to a hearing on the issuance or denial of an order
under this part, a search shall be conducted as described in
subdivision (a) of Section 6306 of the Family Code.
(2) Prior to deciding whether to issue an order under this part,
the court shall consider the following information obtained pursuant
to a search conducted under paragraph (1): any conviction for a
violent felony specified in Section 667.5 of the Penal Code or a
serious felony specified in Section 1192.7 of the Penal Code; any
misdemeanor conviction involving domestic violence, weapons, or other
violence; any outstanding warrant; parole or probation status; any
prior restraining order; and any violation of a prior restraining
order.
(3) (A) If the results of the search conducted pursuant to
paragraph (1) indicate that an outstanding warrant exists against the
subject of the search, the court shall order the clerk of the court
to immediately notify, by the most effective means available,
appropriate law enforcement officials of any information obtained
through the search that the court determines is appropriate. The law
enforcement officials notified shall take all actions necessary to
execute any outstanding warrants or any other actions, as appropriate
and as soon as practicable.
(B) If the results of the search conducted pursuant to paragraph
(1) indicate that the subject of the search is currently on parole or
probation, the court shall order the clerk of the court to
immediately notify, by the most effective means available, the
appropriate parole or probation officer of any information obtained
through the search that the court determines is appropriate. The
parole or probation officer notified shall take all actions necessary
to revoke any parole or probation, or any other actions, with
respect to the subject person, as appropriate and as soon as
practicable.
(l) Upon making any order for custody or visitation pursuant to
this section, the court shall follow the procedures specified in
subdivisions (c) and (d) of Section 6323 of the Family Code.
213.5. (a) After a petition has been filed pursuant to Section 311
to declare a child a dependent child of the juvenile court, and until
the time that the petition is dismissed or dependency is terminated,
upon application in the manner provided by Section 527 of the Code
of Civil Procedure or in the manner provided by Section 6300 of the
Family Code, if related to domestic violence, the juvenile court has
exclusive jurisdiction to issue ex parte orders (1) enjoining any
person from molesting, attacking, striking, stalking, threatening,
sexually assaulting, battering, harassing, telephoning, including,
but not limited to, making annoying telephone calls as described in
Section 653m of the Penal Code, destroying the personal property,
contacting, either directly or indirectly, by mail or otherwise,
coming within a specified distance of, or disturbing the peace of the
child or any other child in the household; and (2) excluding any
person from the dwelling of the person who has care, custody, and
control of the child. A court may also issue an ex parte order
enjoining any person from molesting, attacking, striking, stalking,
threatening, sexually assaulting, battering, harassing, telephoning,
including, but not limited to, making annoying telephone calls as
described in Section 635m of the Penal Code, destroying the personal
property, contacting, either directly or indirectly, by mail or
otherwise, coming within a specified distance of, or disturbing the
peace of any parent, legal guardian, or current caretaker of the
child, regardless of whether the child resides with that parent,
legal guardian, or current caretaker, upon application in the manner
provided by Section 527 of the Code of Civil Procedure or, if related
to domestic violence, in the manner provided by Section 6300 of the
Family Code. A court may also issue an ex parte order enjoining any
person from molesting, attacking, striking, stalking, threatening,
sexually assaulting, battering, harassing, telephoning, including,
but not limited to, making annoying telephone calls as described in
Section 635m of the Penal Code, destroying the personal property,
contacting, either directly or indirectly, by mail or otherwise,
coming within a specified distance of, or disturbing the peace of the
child's current or former social worker or court appointed special
advocate, upon application in the manner provided by Section 527 of
the Code of Civil Procedure.
(b) After a petition has been filed pursuant to Section 601 or 602
to declare a child a ward of the juvenile court, and until the time
that the petition is dismissed or wardship is terminated, upon
application in the manner provided by Section 527 of the Code of
Civil Procedure or, if related to domestic violence, in the manner
provided by Section 6300 of the Family Code, the juvenile court may
issue ex parte orders (1) enjoining any person from molesting,
attacking, striking, stalking, threatening, sexually assaulting,
battering, harassing, telephoning, including, but not limited to,
making annoying telephone calls as described in Section 653m of the
Penal Code, destroying the personal property, contacting, either
directly or indirectly, by mail or otherwise, coming within a
specified distance of, or disturbing the peace of the child or any
other child in the household; (2) excluding any person from the
dwelling of the person who has care, custody, and control of the
child; or (3) enjoining the child from contacting, threatening,
stalking, or disturbing the peace of any person the court finds to be
at risk from the conduct of the child, or with whom association
would be detrimental to the child. A court may also issue an ex parte
order enjoining any person from molesting, attacking, striking,
stalking, threatening, sexually assaulting, battering, harassing,
telephoning, including, but not limited to, making annoying telephone
calls as described in Section 635m of the Penal Code, destroying the
personal property, contacting, either directly or indirectly, by
mail or otherwise, coming within a specified distance of, or
disturbing the peace of any parent, legal guardian, or current
caretaker of the child, regardless of whether the child resides with
that parent, legal guardian, or current caretaker, upon application
in the manner provided by Section 527 of the Code of Civil Procedure
or, if related to domestic violence, in the manner provided by
Section 6300 of the Family Code. A court may also issue an ex parte
order enjoining any person from molesting, attacking, striking,
stalking, threatening, sexually assaulting, battering, harassing,
telephoning, including, but not limited to, making annoying telephone
calls as described in Section 635m of the Penal Code, destroying the
personal property, contacting, either directly or indirectly, by
mail or otherwise, coming within a specified distance of, or
disturbing the peace of the child's current or former probation
officer or court appointed special advocate, upon application in the
manner provided by Section 527 of the Code of Civil Procedure.
(c) If a temporary restraining order is granted without notice,
the matter shall be made returnable on an order requiring cause to be
shown why the order should not be granted, on the earliest day that
the business of the court will permit, but not later than 21 days or,
if good cause appears to the court, 25 days from the date the
temporary restraining order is granted. The court may, on the motion
of the person seeking the restraining order, or on its own motion,
shorten the time for service of the order to show cause on the person
to be restrained. The court may, upon its own motion or the filing
of a declaration by the person seeking the restraining order, find
that the person to be restrained could not be served within the time
required by law and reissue an order previously issued and dissolved
by the court for failure to serve the person to be restrained. The
reissued order shall remain in effect until the date set for the
hearing. The reissued order shall state on its face the date of
expiration of the order. Any hearing pursuant to this section may be
held simultaneously with any regularly scheduled hearings held in
proceedings to declare a child a dependent child or ward of the
juvenile court pursuant to Section 300, 601, or 602, or subsequent
hearings regarding the dependent child or ward.
(d) The juvenile court may issue, upon notice and a hearing, any
of the orders set forth in subdivisions (a), (b), and (c). Any
restraining order granted pursuant to this subdivision shall remain
in effect, in the discretion of the court, no more than three years,
unless otherwise terminated by the court, extended by mutual consent
of all parties to the restraining order, or extended by further order
of the court on the motion of any party to the restraining order.
(e) (1) The juvenile court may issue an order made pursuant to
subdivision (a), (b), or (d) excluding a person from a residence or
dwelling. This order may be issued for the time and on the conditions
that the court determines, regardless of which party holds legal or
equitable title or is the lessee of the residence or dwelling.
(2) The court may issue an order under paragraph (1) only on a
showing of all of the following:
(A) Facts sufficient for the court to ascertain that the party who
will stay in the dwelling has a right under color of law to
possession of the premises.
(B) That the party to be excluded has assaulted or threatens to
assault the other party or any other person under the care, custody,
and control of the other party, or any minor child of the parties or
of the other party.
(C) That physical or emotional harm would otherwise result to the
other party, to any person under the care, custody, and control of
the other party, or to any minor child of the parties or of the other
party.
(f) Any order issued pursuant to subdivision (a), (b), (c), or (d)
shall state on its face the date of expiration of the order.
(g) All data with respect to a juvenile court protective order, or
extension, modification, or termination thereof, granted pursuant to
subdivision (a), (b), (c), or (d), shall be transmitted by the court
or its designee, within one business day, to law enforcement
personnel by either one of the following methods:
(1) Transmitting a physical copy of the order to a local law
enforcement agency authorized by the Department of Justice to enter
orders into the California Law Enforcement Telecommunications System
(CLETS).
(2) With the approval of the Department of Justice, entering the
order into CLETS directly.
(h) Any willful and knowing violation of any order granted
pursuant to subdivision (a), (b), (c), or (d) shall be a misdemeanor
punishable under Section 273.65 of the Penal Code.
(i) A juvenile court restraining order related to domestic
violence issued by a court pursuant to this section shall be issued
on forms adopted by the Judicial Council of California and that have
been approved by the Department of Justice pursuant to subdivision
(i) of Section 6380 of the Family Code. However, the fact that an
order issued by a court pursuant to this section was not issued on
forms adopted by the Judicial Council and approved by the Department
of Justice shall not, in and of itself, make the order unenforceable.
(j) (1) Prior to a hearing on the issuance or denial of an order
under this part, a search shall be conducted as described in
subdivision (a) of Section 6306
200. This chapter shall be known and may be cited as the
"Arnold-Kennick Juvenile Court Law."
201. The provisions of this chapter, insofar as they are
substantially the same as existing statutory provisions relating to
the same subject matter, shall be construed as restatements and
continuations thereof, and not as new enactments.
202. (a) The purpose of this chapter is to provide for the
protection and safety of the public and each minor under the
jurisdiction of the juvenile court and to preserve and strengthen the
minor's family ties whenever possible, removing the minor from the
custody of his or her parents only when necessary for his or her
welfare or for the safety and protection of the public. If removal of
a minor is determined by the juvenile court to be necessary,
reunification of the minor with his or her family shall be a primary
objective. If the minor is removed from his or her own family, it is
the purpose of this chapter to secure for the minor custody, care,
and discipline as nearly as possible equivalent to that which should
have been given by his or her parents. This chapter shall be
liberally construed to carry out these purposes.
(b) Minors under the jurisdiction of the juvenile court who are in
need of protective services shall receive care, treatment, and
guidance consistent with their best interest and the best interest of
the public. Minors under the jurisdiction of the juvenile court as a
consequence of delinquent conduct shall, in conformity with the
interests of public safety and protection, receive care, treatment,
and guidance that is consistent with their best interest, that holds
them accountable for their behavior, and that is appropriate for
their circumstances. This guidance may include punishment that is
consistent with the rehabilitative objectives of this chapter. If a
minor has been removed from the custody of his or her parents, family
preservation and family reunification are appropriate goals for the
juvenile court to consider when determining the disposition of a
minor under the jurisdiction of the juvenile court as a consequence
of delinquent conduct when those goals are consistent with his or her
best interests and the best interests of the public. When the minor
is no longer a ward of the juvenile court, the guidance he or she
received should enable him or her to be a law-abiding and productive
member of his or her family and the community.
(c) It is also the purpose of this chapter to reaffirm that the
duty of a parent to support and maintain a minor child continues,
subject to the financial ability of the parent to pay, during any
period in which the minor may be declared a ward of the court and
removed from the custody of the parent.
(d) Juvenile courts and other public agencies charged with
enforcing, interpreting, and administering the juvenile court law
shall consider the safety and protection of the public, the
importance of redressing injuries to victims, and the best interests
of the minor in all deliberations pursuant to this chapter.
Participants in the juvenile justice system shall hold themselves
accountable for its results. They shall act in conformity with a
comprehensive set of objectives established to improve system
performance in a vigorous and ongoing manner. In working to improve
system performance, the presiding judge of the juvenile court and
other juvenile court judges designated by the presiding judge of the
juvenile court shall take into consideration the recommendations
contained in subdivision (e) of Standard 5.40 of Title 5 of the
California Standards of Judicial Administration, contained in the
California Rules of Court.
(e) As used in this chapter, "punishment" means the imposition of
sanctions. It does not include retribution and shall not include a
court order to place a child in foster care as defined by Section
727.3. Permissible sanctions may include any of the following:
(1) Payment of a fine by the minor.
(2) Rendering of compulsory service without compensation performed
for the benefit of the community by the minor.
(3) Limitations on the minor's liberty imposed as a condition of
probation or parole.
(4) Commitment of the minor to a local detention or treatment
facility, such as a juvenile hall, camp, or ranch.
(5) Commitment of the minor to the Division of Juvenile
Facilities, Department of Corrections and Rehabilitation.
(f) In addition to the actions authorized by subdivision (e), the
juvenile court may, as appropriate, direct the offender to complete a
victim impact class, participate in victim offender conferencing
subject to the victim's consent, pay restitution to the victim or
victims, and make a contribution to the victim restitution fund after
all victim restitution orders and fines have been satisfied, in
order to hold the offender accountable or restore the victim or
community.
202.5. The duties of the probation officer, as described in this
chapter with respect to minors alleged or adjudged to be described by
Section 300, whether or not delegated pursuant to Section 272, shall
be deemed to be social service as defined by Section 10051, and
subject to the administration, supervision and regulations of the
State Department of Social Services.
203. An order adjudging a minor to be a ward of the juvenile court
shall not be deemed a conviction of a crime for any purpose, nor
shall a proceeding in the juvenile court be deemed a criminal
proceeding.
204. Notwithstanding any other provision of law, except provisions
of law governing the retention and storage of data, a family law
court and a court hearing a probate guardianship matter shall, upon
request from the juvenile court in any county, provide to the court
all available information the court deems necessary to make a
determination regarding the best interest of a child, as described in
Section 202, who is the subject of a proceeding before the juvenile
court pursuant to this division. The information shall also be
released to a child protective services worker or juvenile probation
officer acting within the scope of his or her duties in that
proceeding. Any information released pursuant to this section that is
confidential pursuant to any other provision of law shall remain
confidential and may not be released, except to the extent necessary
to comply with this section. No records shared pursuant to this
section may be disclosed to any party in a case unless the party
requests the agency or court that originates the record to release
these records and the request is granted. In counties that provide
confidential family law mediation, or confidential dependency
mediation, those mediations are not covered by this section.
204.5. Notwithstanding any other provision of law, the name of a
minor may be disclosed to the public if the minor is 14 years of age
or older and found by the juvenile court to be a person described in
Section 602 as a result of a sustained petition for the commission of
any of the offenses listed in Section 667.5 of the Penal Code, or in
subdivision (c) of Section 1192.7 of the Penal Code.
205. All commitments to institutions or for placement in family
homes under this chapter shall be, so far as practicable, either to
institutions or for placement in family homes of the same religious
belief as that of the person so committed or of his parents or to
institutions affording opportunity for instruction in such religious
belief.
206. Persons taken into custody and persons alleged to be within
the description of Section 300, or persons adjudged to be such and
made dependent children of the court pursuant to this chapter solely
upon that ground, shall be provided by the board of supervisors with
separate facilities segregated from persons either alleged or
adjudged to come within the description of Section 601 or 602 except
as provided in Section 16514. Separate segregated facilities may be
provided in the juvenile hall or elsewhere.
The facilities required by this section shall, with regard to
minors alleged or adjudged to come within Section 300, be nonsecure.
For the purposes of this section, the term "secure facility" means
a facility which is designed and operated so as to insure that all
entrances to, and exits from, the facility are under the exclusive
control of the staff of the facility, whether or not the person being
detained has freedom of movement within the perimeters of the
facility, or which relies on locked rooms and buildings, fences, or
physical restraints in order to control behavior of its residents.
The term "nonsecure facility" means a facility that is not
characterized by the use of physically restricting construction,
hardware, and procedures and which provides its residents access to
the surrounding community with minimal supervision. A facility shall
not be deemed secure due solely to any of the following conditions:
(1) the existence within the facility of a small room for the
protection of individual residents from themselves or others; (2) the
adoption of regulations establishing reasonable hours for residents
to come and go from the facility based upon a sensible and fair
balance between allowing residents free access to the community and
providing the staff with sufficient authority to maintain order,
limit unreasonable actions by residents, and to ensure that minors
placed in their care do not come and go at all hours of the day and
night or absent themselves at will for days at a time; and (3) staff
control over ingress and egress no greater than that exercised by a
prudent parent. The State Department of Social Services may adopt
regulations governing the use of small rooms pursuant to this
section.
No minor described in this section may be held in temporary
custody in any building that contains a jail or lockup for the
confinement of adults, unless, while in the building, the minor is
under continuous supervision and is not permitted to come into or
remain in contact with adults in custody in the building. In
addition, no minor who is alleged to be within the description of
Section 300 may be held in temporary custody in a building that
contains a jail or lockup for the confinement of adults, unless the
minor is under the direct and continuous supervision of a peace
officer or other child protective agency worker, as specified in
Section 11165.9 of the Penal Code, until temporary custody and
detention of the minor is assumed pursuant to Section 309. However,
if a child protective agency worker is not available to supervise the
minor as certified by the law enforcement agency which has custody
of the minor, a trained volunteer may be directed to supervise the
minor. The volunteer shall be trained and function under the auspices
of the agency which utilizes the volunteer. The minor may not remain
under the supervision of the volunteer for more than three hours. A
county which elects to utilize trained volunteers for the temporary
supervision of minors shall adopt guidelines for the training of the
volunteers which guidelines shall be approved by the State Department
of Social Services. Each county which elects to utilize trained
volunteers for the temporary supervision of minors shall report
annually to the department on the number of volunteers utilized, the
number of minors under their supervision, and the circumstances under
which volunteers were utilized.
No record of the detention of such a person shall be made or kept
by any law enforcement agency or the Department of Justice as a
record of arrest.
207. (a) No minor shall be detained in any jail, lockup, juvenile
hall, or other secure facility who is taken into custody solely upon
the ground that he or she is a person described by Section 601 or
adjudged to be such or made a ward of the juvenile court solely upon
that ground, except as provided in subdivision (b). If any such
minor, other than a minor described in subdivision (b), is detained,
he or she shall be detained in a sheltered-care facility or crisis
resolution home as provided for in Section 654, or in a nonsecure
facility provided for in subdivision (a), (b), (c), or (d) of Section
727.
(b) A minor taken into custody upon the ground that he or she is a
person described in Section 601, or adjudged to be a ward of the
juvenile court solely upon that ground, may be held in a secure
facility, other than a facility in which adults are held in secure
custody, in any of the following circumstances:
(1) For up to 12 hours after having been taken into custody for
the purpose of determining if there are any outstanding wants,
warrants, or holds against the minor in cases where the arresting
officer or probation officer has cause to believe that the wants,
warrants, or holds exist.
(2) For up to 24 hours after having been taken into custody, in
order to locate the minor's parent or guardian as soon as possible
and to arrange the return of the minor to his or her parent or
guardian, with the exception of an out-of-state runaway who is being
held pursuant to the Interstate Compact for Juveniles.
(c) Any minor detained in juvenile hall pursuant to subdivision
(b) may not be permitted to come or remain in contact with any person
detained on the basis that he or she has been taken into custody
upon the ground that he or she is a person described in Section 602
or adjudged to be such or made a ward of the juvenile court upon that
ground.
(d) Minors detained in juvenile hall pursuant to Sections 601 and
602 may be held in the same facility provided they are not permitted
to come or remain in contact within that facility.
(e) Every county shall keep a record of each minor detained under
subdivision (b), the place and length of time of the detention, and
the reasons why the detention was necessary. Every county shall
report this information to the Board of Corrections on a monthly
basis, on forms to be provided by that agency.
The board shall not disclose the name of the detainee, or any
personally identifying information contained in reports sent to the
Youth Authority under this subdivision.
207.1. (a) No court, judge, referee, peace officer, or employee of
a detention facility shall knowingly detain any minor in a jail or
lockup, except as provided in subdivision (b) or (d).
(b) Any minor who is alleged to have committed an offense
described in subdivision (b), paragraph (2) of subdivision (d), or
subdivision (e) of Section 707 whose case is transferred to a court
of criminal jurisdiction pursuant to Section 707.1 after a finding is
made that he or she is not a fit and proper subject to be dealt with
under the juvenile court law, or any minor who has been charged
directly in or transferred to a court of criminal jurisdiction
pursuant to Section 707.01, may be detained in a jail or other secure
facility for the confinement of adults if all of the following
conditions are met:
(1) The juvenile court or the court of criminal jurisdiction makes
a finding that the minor's further detention in the juvenile hall
would endanger the safety of the public or would be detrimental to
the other minors in the juvenile hall.
(2) Contact between the minor and adults in the facility is
restricted in accordance with Section 208.
(3) The minor is adequately supervised.
(c) A minor who is either found not to be a fit and proper subject
to be dealt with under the juvenile court law or who will be
transferred to a court of criminal jurisdiction pursuant to Section
707.01, at the time of transfer to a court of criminal jurisdiction
or at the conclusion of the fitness hearing, as the case may be,
shall be entitled to be released on bail or on his or her own
recognizance upon the same circumstances, terms, and conditions as an
adult who is alleged to have committed the same offense.
(d) (1) A minor 14 years of age or older who is taken into
temporary custody by a peace officer on the basis of being a person
described by Section 602, and who, in the reasonable belief of the
peace officer, presents a serious security risk of harm to self or
others, may be securely detained in a law enforcement facility that
contains a lockup for adults, if all of the following conditions are
met:
(A) The minor is held in temporary custody for the purpose of
investigating the case, facilitating release of the minor to a parent
or guardian, or arranging transfer of the minor to an appropriate
juvenile facility.
(B) The minor is detained in the law enforcement facility for a
period that does not exceed six hours except as provided in
subdivision (f).
(C) The minor is informed at the time he or she is securely
detained of the purpose of the secure detention, of the length of
time the secure detention is expected to last, and of the maximum
six-hour period the secure detention is authorized to last. In the
event an extension is granted pursuant to subdivision (f), the minor
shall be informed of the length of time the extension is expected to
last.
(D) Contact between the minor and adults confined in the facility
is restricted in accordance with Section 208.
(E) The minor is adequately supervised.
(F) A log or other written record is maintained by the law
enforcement agency showing the offense that is the basis for the
secure detention of the minor in the facility, the reasons and
circumstances forming the basis for the decision to place the minor
in secure detention, and the length of time the minor was securely
detained.
(2) Any other minor, other than a minor to which paragraph (1)
applies, who is taken into temporary custody by a peace officer on
the basis that the minor is a person described by Section 602 may be
taken to a law enforcement facility that contains a lockup for adults
and may be held in temporary custody in the facility for the
purposes of investigating the case, facilitating the release of the
minor to a parent or guardian, or arranging for the transfer of the
minor to an appropriate juvenile facility. While in the law
enforcement facility, the minor may not be securely detained and
shall be supervised in a manner so as to ensure that there will be no
contact with adults in custody in the facility. If the minor is held
in temporary, nonsecure custody within the facility, the peace
officer shall exercise one of the dispositional options authorized by
Sections 626 and 626.5 without unnecessary delay and, in every case,
within six hours.
(3) "Law enforcement facility," as used in this subdivision,
includes a police station or a sheriff's station, but does not
include a jail, as defined in subdivision (i).
(e) The Board of Corrections shall assist law enforcement
agencies, probation departments, and courts with the implementation
of this section by doing all of the following:
(1) The board shall advise each law enforcement agency, probation
department, and court affected by this section as to its existence
and effect.
(2) The board shall make available and, upon request, shall
provide, technical assistance to each governmental agency that
reported the confinement of a minor in a jail or lockup in calendar
year 1984 or 1985. The purpose of this technical assistance is to
develop alternatives to the use of jails or lockups for the
confinement of minors. These alternatives may include secure or
nonsecure facilities located apart from an existing jail or lockup,
improved transportation or access to juvenile halls or other juvenile
facilities, and other programmatic alternatives recommended by the
board. The technical assistance shall take any form the board deems
appropriate for effective compliance with this section.
(f) (1) (A) Under the limited conditions of inclement weather,
acts of God, or natural disasters that result in the temporary
unavailability of transportation, an extension of the six-hour
maximum period of detention set forth in paragraph (2) of subdivision
(d) may be granted to a county by the Board of Corrections. The
extension may be granted only by the board, on an individual,
case-by-case basis. If the extension is granted, the detention of
minors under those conditions shall not exceed the duration of the
special conditions, plus a period reasonably necessary to accomplish
transportation of the minor to a suitable juvenile facility, not to
exceed six hours after the restoration of available transportation.
(B) A county that receives an extension under this paragraph shall
comply with the requirements set forth in subdivision (d). The
county also shall provide a written report to the board that
specifies when the inclement weather, act of God, or natural disaster
ceased to exist, when transportation availability was restored, and
when the minor was delivered to a suitable juvenile facility. If the
minor was detained in excess of 24 hours, the board shall verify the
information contained in the report.
(2) Under the limited condition of temporary unavailability of
transportation, an extension of the six-hour maximum period of
detention set forth in paragraph (2) of subdivision (d) may be
granted by the board to an offshore law enforcement facility. The
extension may be granted only by the board, on an individual,
case-by-case basis. If the extension is granted, the detention of
minors under those conditions shall extend only until the next
available mode of transportation can be arranged.
An offshore law enforcement facility that receives an extension
under this paragraph shall comply with the requirements set forth in
subdivision (d). The facility also shall provide a written report to
the board that specifies when the next mode of transportation became
available, and when the minor was delivered to a suitable juvenile
facility. If the minor was detained in excess of 24 hours, the board
shall verify the information contained in the report.
(3) At least annually, the board shall review and report on
extensions sought and granted under this subdivision. If, upon that
review, the board determines that a county has sought one or more
extensions resulting in the excessive confinement of minors in adult
facilities, or that a county is engaged in a pattern and practice of
seeking extensions, it shall require the county to submit a detailed
explanation of the reasons for the extensions sought and an
assessment of the need for a conveniently located and suitable
juvenile facility. Upon receiving this information, the board shall
make available, and the county shall accept, technical assistance for
the purpose of developing suitable alternatives to the confinement
of minors in adult lockups.
(g) Any county that did not have a juvenile hall on January 1,
1987, may establish a special purpose juvenile hall, as defined by
the Board of Corrections, for the detention of minors for a period
not to exceed 96 hours. Any county that had a juvenile hall on
January 1, 1987, also may establish, in addition to the juvenile
hall, a special purpose juvenile hall. The board shall prescribe
minimum standards for that type of facility.
(h) No part of a building or a building complex that contains a
jail may be converted or utilized as a secure juvenile facility
unless all of the following criteria are met:
(1) The juvenile facility is physically, or architecturally,
separate and apart from the jail or lockup such that there could be
no contact between juveniles and incarcerated adults.
(2) Sharing of nonresidential program areas only occurs where
there are written policies and procedures that assure that there is
time-phased use of those areas that prevents contact between
juveniles and incarcerated adults.
(3) The juvenile facility has a dedicated and separate staff from
the jail or lockup, including management, security, and direct care
staff. Staff who provide specialized services such as food, laundry,
maintenance, engineering, or medical services, who are not normally
in contact with detainees, or whose infrequent contacts occur under
conditions of separation of juveniles and adults, may serve both
populations.
(4) The juvenile facility complies with all applicable state and
local statutory, licensing, and regulatory requirements for juvenile
facilities of its type.
(i) (1) "Jail," as used in this chapter, means a locked facility
administered by a law enforcement or governmental agency, the purpose
of which is to detain adults who have been charged with violations
of criminal law and are pending trial, or to hold convicted adult
criminal offenders sentenced for less than one year.
(2) "Lockup," as used in this chapter, means any locked room or
secure enclosure under the control of a sheriff or other peace
officer that is primarily for the temporary confinement of adults
upon arrest.
(3) "Offshore law enforcement facility," as used in this section,
means a sheriff's station containing a lockup for adults that is
located on an island located at least 22 miles from the California
coastline.
(j) Nothing in this section shall be deemed to prevent a peace
officer or employee of an adult detention facility or jail from
escorting a minor into the detention facility or jail for the purpose
of administering an evaluation, test, or chemical test pursuant to
Section 23157 of the Vehicle Code, if all of the following conditions
are met:
(1) The minor is taken into custody by a peace officer on the
basis of being a person described by Section 602 and there is no
equipment for the administration of the evaluation, test, or chemical
test located at a juvenile facility within a reasonable distance of
the point where the minor was taken into custody.
(2) The minor is not locked in a cell or room within the adult
detention facility or jail, is under the continuous, personal
supervision of a peace officer or employee of the detention facility
or jail, and is not permitted to come in contact or remain in contact
with in-custody adults.
(3) The evaluation, test, or chemical test administered pursuant
to Section 23157 of the Vehicle Code is performed as expeditiously as
possible, so that the minor is not delayed unnecessarily within the
adult detention facility or jail. Upon completion of the evaluation,
test, or chemical test, the minor shall be removed from the detention
facility or jail as soon as reasonably possible. No minor shall be
held in custody in an adult detention facility or jail under the
authority of this paragraph in excess of two hours.
207.2. (a) A minor who is held in temporary custody in a law
enforcement facility that contains a lockup for adults pursuant to
subdivision (d) of Section 207.1 may be released to a parent,
guardian, or responsible relative by the law enforcement agency
operating the facility, or may at the discretion of the law
enforcement agency be released into his or her own custody, provided
that a minor released into his or her own custody is furnished, upon
request, with transportation to his or her home or to the place where
the minor was taken into custody.
(b) In addition to the liability established by any other
provision of law, a parent or guardian of a minor who has been held
in temporary custody in a law enforcement facility pursuant to
subdivision (d) of Section 207.1 shall be liable for the reasonable
costs of transporting the minor to a juvenile facility and for the
costs of the minor's food, shelter, and care at the juvenile facility
when all of the following circumstances are applicable:
(1) The parent or guardian has received actual notice by telephone
or by written communication from the law enforcement agency that the
minor is scheduled for release and that the parent is requested to
take delivery of the minor at the law enforcement facility, in person
or through a responsible relative, by a time certain which shall be
no later than six hours from the time the minor was placed in
temporary custody at the law enforcement facility. The notice shall
inform the parent or guardian of the financial liability created by
this section.
(2) It is reasonably possible for the parent or guardian to take
delivery, in person or through a responsible relative, of the minor
at the law enforcement facility within the custody time limit
identified by the law enforcement agency in the request to take
delivery of the minor.
(3) The parent or guardian states a refusal to accept release of
the minor or fails to make a reasonable effort to take timely
delivery of the minor, in person or through a responsible relative,
in accordance with the request of the law enforcement agency.
(c) The liability established by this section, when combined with
any other liability arising under Section 903, shall not exceed one
hundred dollars ($100) for each 24-hour period, beginning when notice
of release was actually received, in which a notified parent or
guardian has failed to make a reasonable effort to take custody of
the minor, in person or through a responsible relative, at the law
enforcement facility or at a juvenile facility to which the minor is
subsequently transferred.
(d) The liability established by this section shall be limited by
the financial ability of the parents, guardians, or other persons to
pay. Any parent, guardian, or other person who is assessed under this
section shall, upon request, be entitled to an evaluation and
determination of ability to pay under Section 903.45. Any parent,
guardian, or other person who is assessed under this section shall
also be entitled, upon petition, to a hearing in the juvenile court
on the issues of liability and ability to pay.
207.5. Every person who misrepresents or falsely identifies himself
or herself either verbally or by presenting any fraudulent written
instrument to any probation officer, or to any superintendent,
director, counselor, or employee of a juvenile hall, ranch, or camp
for the purpose of securing admission to the premises or grounds of
any juvenile hall, ranch, or camp, or to gain access to any minor
detained therein, and who would not otherwise qualify for admission
or access thereto, is guilty of a misdemeanor.
207.6. A minor may be detained in a jail or other secure facility
for the confinement of adults pursuant to subdivision (b) of Section
207.1 or paragraph (1) of subdivision (b) of Section 707.1 only if
the court makes its findings on the record and, in addition, finds
that the minor poses a danger to the staff, other minors in the
juvenile facility, or to the public because of the minor's failure to
respond to the disciplinary control of the juvenile facility, or
because the nature of the danger posed by the minor cannot safely be
managed by the disciplinary procedures of the juvenile facility.
208. (a) When any person under 18 years of age is detained in or
sentenced to any institution in which adults are confined, it shall
be unlawful to permit such person to come or remain in contact with
such adults.
(b) No person who is a ward or dependent child of the juvenile
court who is detained in or committed to any state hospital or other
state facility shall be permitted to come or remain in contact with
any adult person who has been committed to any state hospital or
other state facility as a mentally disordered sex offender under the
provisions of Article 1 (commencing with Section 6300) of Chapter 2
of Part 2 of Division 6, or with any adult person who has been
charged in an accusatory pleading with the commission of any sex
offense for which registration of the convicted offender is required
under Section 290 of the Penal Code and who has been committed to any
state hospital or other state facility pursuant to Section 1026 or
1370 of the Penal Code.
(c) As used in this section, "contact" does not include
participation in supervised group therapy or other supervised
treatment activities, participation in work furlough programs, or
participation in hospital recreational activities which are directly
supervised by employees of the hospital, so long as living
arrangements are strictly segregated and all precautions are taken to
prevent unauthorized associations.
(d) This section shall be operative January 1, 1998.
208.5. (a) Notwithstanding any other law, in any case in which a
minor who is detained in or committed to a county institution
established for the purpose of housing juveniles attains 18 years of
age prior to or during the period of detention or confinement he or
she may be allowed to come or remain in contact with those juveniles
until 19 years of age, at which time he or she, upon the
recommendation of the probation officer, shall be delivered to the
custody of the sheriff for the remainder of the time he or she
remains in custody, unless the juvenile court orders continued
detention in a juvenile facility. If continued detention is ordered
for a ward under the jurisdiction of the juvenile court who is 19
years of age or older but under 21 years of age, the detained person
may be allowed to come into or remain in contact with any other
person detained in the institution subject to the requirements of
subdivision (b). The person shall be advised of his or her ability to
petition the court for continued detention in a juvenile facility at
the time of his or her attainment of 19 years of age.
Notwithstanding any other law, the sheriff may allow the person to
come into and remain in contact with other adults in the county jail
or in any other county correctional facility in which he or she is
housed.
(b) The county shall apply to the Corrections Standards Authority
for approval of a county institution established for the purpose of
housing juveniles as a suitable place for confinement before the
institution is used for the detention or commitment of an individual
under the jurisdiction of the juvenile court who is 19 years of age
or older but under 21 years of age where the detained person will
come into or remain in contact with persons under 18 years of age who
are detained in the institution. The authority shall review and
approve or deny the application of the county within 30 days of
receiving notice of this proposed use. In its review, the authority
shall take into account the available programming, capacity, and
safety of the institution as a place for the combined confinement and
rehabilitation of individuals under the jurisdiction of the juvenile
court who are over 19 years of age and those who are under 19 years
of age.
209. (a) The judge of the juvenile court of a county, or, if there
is more than one judge, any of the judges of the juvenile court
shall, at least annually, inspect any jail, juvenile hall, or special
purpose juvenile hall that, in the preceding calendar year, was used
for confinement, for more than 24 hours, of any minor.
The judge shall promptly notify the operator of the jail, juvenile
hall, or special purpose juvenile hall of any observed noncompliance
with minimum standards for juvenile facilities adopted by the Board
of Corrections under Section 210. Based on the facility's subsequent
compliance with the provisions of subdivisions (d) and (e), the judge
shall thereafter make a finding whether the facility is a suitable
place for the confinement of minors and shall note the finding in the
minutes of the court.
The Board of Corrections shall conduct a biennial inspection of
each jail, juvenile hall, lockup, or special purpose juvenile hall
situated in this state that, during the preceding calendar year, was
used for confinement, for more than 24 hours, of any minor. The board
shall promptly notify the operator of any jail, juvenile hall,
lockup, or special purpose juvenile hall of any noncompliance found,
upon inspection, with any of the minimum standards for juvenile
facilities adopted by the Board of Corrections under Section 210 or
210.2.
If either a judge of the juvenile court or the board, after
inspection of a jail, juvenile hall, special purpose juvenile hall,
or lockup, finds that it is not being operated and maintained as a
suitable place for the confinement of minors, the juvenile court or
the board shall give notice of its finding to all persons having
authority to confine minors pursuant to this chapter and commencing
60 days thereafter the facility shall not be used for confinement of
minors until the time the judge or board, as the case may be, finds,
after reinspection of the facility that the conditions that rendered
the facility unsuitable have been remedied, and the facility is a
suitable place for confinement of minors.
The custodian of each jail, juvenile hall, special purpose
juvenile hall, and lockup shall make any reports as may be requested
by the board or the juvenile court to effectuate the purposes of this
section.
(b) The Board of Corrections may inspect any law enforcement
facility that contains a lockup for adults and that it has reason to
believe may not be in compliance with the requirements of subdivision
(d) of Section 207.1 or with the certification requirements or
standards adopted under Section 210.2. A judge of the juvenile court
shall conduct an annual inspection, either in person or through a
delegated member of the appropriate county or regional juvenile
justice commission, of any law enforcement facility that contains a
lockup for adults which, in the preceding year, was used for the
secure detention of any minor. If the law enforcement facility is
observed, upon inspection, to be out of compliance with the
requirements of subdivision (d) of Section 207.1, or with any
standard adopted under Section 210.2, the board or the judge shall
promptly notify the operator of the law enforcement facility of the
specific points of noncompliance.
If either the judge or the board finds after inspection that the
facility is not being operated and maintained in conformity with the
requirements of subdivision (d) of Section 207.1 or with the
certification requirements or standards adopted under Section 210.2,
the juvenile court or the board shall give notice of its finding to
all persons having authority to securely detain minors in the
facility, and, commencing 60 days thereafter, the facility shall not
be used for the secure detention of a minor until the time the judge
or the board, as the case may be, finds, after reinspection, that the
conditions that rendered the facility unsuitable have been remedied,
and the facility is a suitable place for the confinement of minors
in conformity with all requirements of law.
The custodian of each law enforcement facility that contains a
lockup for adults shall make any report as may be requested by the
board or by the juvenile court to effectuate the purposes of this
subdivision.
(c) The board shall collect biennial data on the number, place,
and duration of confinements of minors in jails and lockups, as
defined in subdivision (i) of Section 207.1, and shall publish
biennially this information in the form as it deems appropriate for
the purpose of providing public information on continuing compliance
with the requirements of Section 207.1.
(d) Except as provided in subdivision (e), a juvenile hall,
special purpose juvenile hall, law enforcement facility, or jail
shall be unsuitable for the confinement of minors if it is not in
compliance with one or more of the minimum standards for juvenile
facilities adopted by the Board of Corrections under Section 210 or
210.2, and if, within 60 days of having received notice of
noncompliance from the board or the judge of the juvenile court, the
juvenile hall, special purpose juvenile hall, law enforcement
facility, or jail has failed to file an approved corrective action
plan with the Board of Corrections to correct the condition or
conditions of noncompliance of which it has been notified. The
corrective action plan shall outline how the juvenile hall, special
purpose juvenile hall, law enforcement facility, or jail plans to
correct the issue of noncompliance and give a reasonable timeframe,
not to exceed 90 days, for resolution, that the board shall either
approve or deny. In the event the juvenile hall, special purpose
juvenile hall, law enforcement facility, or jail fails to meet its
commitment to resolve noncompliance issues outlined in its corrective
action plan, the board shall make a determination of suitability at
its next scheduled meeting.
(e) If a juvenile hall is not in compliance with one or more of
the minimum standards for juvenile facilities adopted by the Board of
Corrections under Section 210, and where the noncompliance arises
from sustained occupancy levels that are above the population
capacity permitted by applicable minimum standards, the juvenile hall
shall be unsuitable for the confinement of minors if the board or
the judge of the juvenile court determines that conditions in the
facility pose a serious risk to the health, safety, or welfare of
minors confined in the facility. In making its determination of
suitability, the board or the judge of the juvenile court shall
consider, in addition to the noncompliance with minimum standards,
the totality of conditions in the juvenile hall, including the extent
and duration of overpopulation as well as staffing, program,
physical plant, and medical and mental health care conditions in the
facility. The Board of Corrections may develop guidelines and
procedures for its determination of suitability in accordance with
this subdivision and to assist counties in bringing their juvenile
halls into full compliance with applicable minimum standards. This
subdivision shall not be interpreted to exempt a juvenile hall from
having to correct, in accordance with the provisions of subdivision
(d), any minimum standard violations that are not directly related to
overpopulation of the facility.
(f) In accordance with the federal Juvenile Justice and
Delinquency Prevention Act of 2002 (42 U.S.C. Sec. 5601 et seq.), the
Corrections Standards Authority shall inspect and collect relevant
data from any facility that may be used for the secure detention of
minors.
210. The Board of Corrections shall adopt minimum standards for the
operation and maintenance of juvenile halls for the confinement of
minors.
210.1. The Board of Corrections shall develop guidelines for the
operation and maintenance of nonsecure placement facilities for
persons alleged or found to be persons coming within the terms of
Section 601 or 602.
210.2. (a) The Board of Corrections shall adopt regulations
establishing standards for law enforcement facilities which contain
lockups for adults and which are used for the temporary, secure
detention of minors upon arrest under subdivision (d) of Section
207.1. The standards shall identify appropriate conditions of
confinement for minors in law enforcement facilities, including
standards for places within a police station or sheriff's station
where minors may be securely detained; standards regulating contact
between minors and adults in custody in lockup, booking, or common
areas; standards for the supervision of minors securely detained in
these facilities; and any other related standard as the board deems
appropriate to effectuate compliance with subdivision (d) of Section
207.1.
(b) Every person in charge of a law enforcement facility which
contains a lockup for adults and which is used in any calendar year
for the secure detention of any minor shall certify annually that the
facility is in conformity with the regulations adopted by the board
under subdivision (a). The certification shall be endorsed by the
sheriff or chief of police of the jurisdiction in which the facility
is located and shall be forwarded to and maintained by the board. The
board may provide forms and instructions to local jurisdictions to
facilitate compliance with this requirement.
210.5. The Legislature finds and declares that it is in the best
public interest to encourage innovations in staffing ratios,
maximization of housing unit size, and experimentation with
innovative architectural designs and program components, designs, or
operations in the operation and maintenance of new juvenile detention
facilities. Therefore, to these ends, Tulare County, as a
demonstration project, may undertake the construction and operation
of a juvenile detention facility, to be known as the "Tulare County
Juvenile Facility," that shall not be subject to laws or regulations
governing staffing ratios and housing capacity for juvenile
facilities except as provided in this section. Before the county
proceeds with the construction and operation of the Tulare County
Juvenile Facility, the schematics and the proposed staffing patterns
of this project shall be subject to review and approval by the Board
of Corrections, which shall consider the proposed regulations,
applicable current case law, and appropriate juvenile correctional
practices in order to determine the merits of the proposal and to
ensure the safety and security of wards and the staff. Any review
conducted by the Board of Corrections pursuant to this section shall
consider community, inmate, and staff safety, and the extent to which
the project makes the most efficient use of resources. In addition,
progress reports and evaluative data regarding the success of the
demonstration project shall be provided to the Board of Corrections
by the county.
Nothing contained in this section shall affect the applicability
of the provisions of the Labor Code.
211. (a) No person under the age of 14 years shall be committed to
a state prison or be transferred thereto from any other institution.
(b) Notwithstanding any other provision of law, no person under
the age of 16 years shall be housed in any facility under the
jurisdiction of the Department of Corrections.
212. There shall be no fee for filing a petition under this chapter
nor shall any fees be charged by any public officer for his services
in filing or serving papers or for the performance of any duty
enjoined upon him by this chapter, except where the sheriff
transports a person to a state institution. If the judge of the
juvenile court orders that a ward or dependent child go to a state
institution without being accompanied by an officer or that a ward or
dependent child be taken to an institution by the probation officer
of the county or parole officer of the institution or by some other
suitable person, all expenses necessarily incurred therefor shall be
allowed and paid in the same manner and from the same funds as such
expenses would be allowed and paid were such transportation effected
by the sheriff.
213. Any willful disobedience or interference with any lawful order
of the juvenile court or of a judge or referee thereof constitutes a
contempt of court.
213.5. (a) After a petition has been filed pursuant to Section 311
to declare a child a dependent child of the juvenile court, and until
the time that the petition is dismissed or dependency is terminated,
upon application in the manner provided by Section 527 of the Code
of Civil Procedure, the juvenile court may issue ex parte orders (1)
enjoining any person from molesting, attacking, striking, sexually
assaulting, stalking, or battering the child or any other child in
the household; (2) excluding any person from the dwelling of the
person who has care, custody, and control of the child; and (3)
enjoining any person from behavior, including contacting,
threatening, or disturbing the peace of the child, that the court
determines is necessary to effectuate orders under paragraph (1) or
(2). A court may also issue an ex parte order enjoining any person
from contacting, threatening, molesting, attacking, striking,
sexually assaulting, stalking, battering, or disturbing the peace of
any parent, legal guardian, or current caretaker of the child,
regardless of whether the child resides with that parent, legal
guardian, or current caretaker, upon application in the manner
provided by Section 527 of the Code of Civil Procedure.
(b) After a petition has been filed pursuant to Section 601 or 602
to declare a child a ward of the juvenile court, and until the time
that the petition is dismissed or wardship is terminated, upon
application in the manner provided by Section 527 of the Code of
Civil Procedure, the juvenile court may issue ex parte orders (1)
enjoining any person from molesting, attacking, threatening, sexually
assaulting, stalking, or battering the child or any other child in
the household; (2) excluding any person from the dwelling of the
person who has care, custody, and control of the child; or (3)
enjoining the child from contacting, threatening, stalking, or
disturbing the peace of any person the court finds to be at risk from
the conduct of the child, or with whom association would be
detrimental to the child.
(c) If a temporary restraining order is granted without notice,
the matter shall be made returnable on an order requiring cause to be
shown why the order should not be granted, on the earliest day that
the business of the court will permit, but not later than 15 days or,
if good cause appears to the court, 20 days from the date the
temporary restraining order is granted. The court may, on the motion
of the person seeking the restraining order, or on its own motion,
shorten the time for service of the order to show cause on the person
to be restrained. The court may, upon its own motion or the filing
of an affidavit by the person seeking the restraining order, find
that the person to be restrained could not be served within the time
required by law and reissue an order previously issued and dissolved
by the court for failure to serve the person to be restrained. The
reissued order shall state on its face the date of expiration of the
order. Any hearing pursuant to this section may be held
simultaneously with any regularly scheduled hearings held in
proceedings to declare a child a dependent child or ward of the
juvenile court pursuant to Section 300, 601, or 602, or subsequent
hearings regarding the dependent child or ward.
(d) The juvenile court may issue, upon notice and a hearing, any
of the orders set forth in subdivisions (a), (b), and (c). Any
restraining order granted pursuant to this subdivision shall remain
in effect, in the discretion of the court, no more than three years,
unless otherwise terminated by the court, extended by mutual consent
of all parties to the restraining order, or extended by further order
of the court on the motion of any party to the restraining order.
(e) (1) The juvenile court may issue an order made pursuant to
subdivision (a), (c), or (d) excluding a person from a residence or
dwelling. This order may be issued for the time and on the conditions
that the court determines, regardless of which party holds legal or
equitable title or is the lessee of the residence or dwelling.
(2) The court may issue an order under paragraph (1) only on a
showing of all of the following:
(A) Facts sufficient for the court to ascertain that the party who
will stay in the dwelling has a right under color of law to
possession of the premises.
(B) That the party to be excluded has assaulted or threatens to
assault the other party or any other person under the care, custody,
and control of the other party, or any minor child of the parties or
of the other party.
(C) That physical or emotional harm would otherwise result to the
other party, to any person under the care, custody, and control of
the other party, or to any minor child of the parties or of the other
party.
(f) Any order issued pursuant to subdivision (a), (b), (c), or (d)
shall state on its face the date of expiration of the order.
(g) The juvenile court shall order any designated person or
attorney to mail a copy of any order, or extension, modification, or
termination thereof, granted pursuant to subdivision (a), (b), (c),
or (d), by the close of the business day on which the order,
extension, modification, or termination was granted, and any
subsequent proof of service thereof, to each local law enforcement
agency designated by the person seeking the restraining order or his
or her attorney having jurisdiction over the residence of the person
who has care, custody, and control of the child and other locations
where the court determines that acts of domestic violence or abuse
against the child or children are likely to occur. Each appropriate
law enforcement agency shall make available through an existing
system for verification, information as to the existence, terms, and
current status of any order issued pursuant to subdivision (a), (b),
(c), or (d) to any law enforcement officer responding to the scene of
reported domestic violence or abuse.
(h) Any willful and knowing violation of any order granted
pursuant to subdivision (a), (b), (c), or (d) shall be a misdemeanor
punishable under Section 273.65 of the Penal Code.
(i) A juvenile court restraining order related to domestic
violence issued by a court pursuant to this section shall be issued
on forms adopted by the Judicial Council of California and that have
been approved by the Department of Justice pursuant to subdivision
(i) of Section 6380 of the Family Code. However, the fact that an
order issued by a court pursuant to this section was not issued on
forms adopted by the Judicial Council and approved by the Department
of Justice shall not, in and of itself, make the order unenforceable.
(j) Information on any juvenile court restraining order related to
domestic violence issued by a court pursuant to this section shall
be transmitted to the Department of Justice in accordance with
subdivision (b) of Section 6380 of the Family Code.
(k) (1) Prior to a hearing on the issuance or denial of an order
under this part, a search shall be conducted as described in
subdivision (a) of Section 6306 of the Family Code.
(2) Prior to deciding whether to issue an order under this part,
the court shall consider the following information obtained pursuant
to a search conducted under paragraph (1): any conviction for a
violent felony specified in Section 667.5 of the Penal Code or a
serious felony specified in Section 1192.7 of the Penal Code; any
misdemeanor conviction involving domestic violence, weapons, or other
violence; any outstanding warrant; parole or probation status; any
prior restraining order; and any violation of a prior restraining
order.
(3) (A) If the results of the search conducted pursuant to
paragraph (1) indicate that an outstanding warrant exists against the
subject of the search, the court shall order the clerk of the court
to immediately notify, by the most effective means available,
appropriate law enforcement officials of any information obtained
through the search that the court determines is appropriate. The law
enforcement officials notified shall take all actions necessary to
execute any outstanding warrants or any other actions, as appropriate
and as soon as practicable.
(B) If the results of the search conducted pursuant to paragraph
(1) indicate that the subject of the search is currently on parole or
probation, the court shall order the clerk of the court to
immediately notify, by the most effective means available, the
appropriate parole or probation officer of any information obtained
through the search that the court determines is appropriate. The
parole or probation officer notified shall take all actions necessary
to revoke any parole or probation, or any other actions, with
respect to the subject person, as appropriate and as soon as
practicable.
(l) Upon making any order for custody or visitation pursuant to
this section, the court shall follow the procedures specified in
subdivisions (c) and (d) of Section 6323 of the Family Code.
213.5. (a) After a petition has been filed pursuant to Section 311
to declare a child a dependent child of the juvenile court, and until
the time that the petition is dismissed or dependency is terminated,
upon application in the manner provided by Section 527 of the Code
of Civil Procedure or in the manner provided by Section 6300 of the
Family Code, if related to domestic violence, the juvenile court has
exclusive jurisdiction to issue ex parte orders (1) enjoining any
person from molesting, attacking, striking, stalking, threatening,
sexually assaulting, battering, harassing, telephoning, including,
but not limited to, making annoying telephone calls as described in
Section 653m of the Penal Code, destroying the personal property,
contacting, either directly or indirectly, by mail or otherwise,
coming within a specified distance of, or disturbing the peace of the
child or any other child in the household; and (2) excluding any
person from the dwelling of the person who has care, custody, and
control of the child. A court may also issue an ex parte order
enjoining any person from molesting, attacking, striking, stalking,
threatening, sexually assaulting, battering, harassing, telephoning,
including, but not limited to, making annoying telephone calls as
described in Section 635m of the Penal Code, destroying the personal
property, contacting, either directly or indirectly, by mail or
otherwise, coming within a specified distance of, or disturbing the
peace of any parent, legal guardian, or current caretaker of the
child, regardless of whether the child resides with that parent,
legal guardian, or current caretaker, upon application in the manner
provided by Section 527 of the Code of Civil Procedure or, if related
to domestic violence, in the manner provided by Section 6300 of the
Family Code. A court may also issue an ex parte order enjoining any
person from molesting, attacking, striking, stalking, threatening,
sexually assaulting, battering, harassing, telephoning, including,
but not limited to, making annoying telephone calls as described in
Section 635m of the Penal Code, destroying the personal property,
contacting, either directly or indirectly, by mail or otherwise,
coming within a specified distance of, or disturbing the peace of the
child's current or former social worker or court appointed special
advocate, upon application in the manner provided by Section 527 of
the Code of Civil Procedure.
(b) After a petition has been filed pursuant to Section 601 or 602
to declare a child a ward of the juvenile court, and until the time
that the petition is dismissed or wardship is terminated, upon
application in the manner provided by Section 527 of the Code of
Civil Procedure or, if related to domestic violence, in the manner
provided by Section 6300 of the Family Code, the juvenile court may
issue ex parte orders (1) enjoining any person from molesting,
attacking, striking, stalking, threatening, sexually assaulting,
battering, harassing, telephoning, including, but not limited to,
making annoying telephone calls as described in Section 653m of the
Penal Code, destroying the personal property, contacting, either
directly or indirectly, by mail or otherwise, coming within a
specified distance of, or disturbing the peace of the child or any
other child in the household; (2) excluding any person from the
dwelling of the person who has care, custody, and control of the
child; or (3) enjoining the child from contacting, threatening,
stalking, or disturbing the peace of any person the court finds to be
at risk from the conduct of the child, or with whom association
would be detrimental to the child. A court may also issue an ex parte
order enjoining any person from molesting, attacking, striking,
stalking, threatening, sexually assaulting, battering, harassing,
telephoning, including, but not limited to, making annoying telephone
calls as described in Section 635m of the Penal Code, destroying the
personal property, contacting, either directly or indirectly, by
mail or otherwise, coming within a specified distance of, or
disturbing the peace of any parent, legal guardian, or current
caretaker of the child, regardless of whether the child resides with
that parent, legal guardian, or current caretaker, upon application
in the manner provided by Section 527 of the Code of Civil Procedure
or, if related to domestic violence, in the manner provided by
Section 6300 of the Family Code. A court may also issue an ex parte
order enjoining any person from molesting, attacking, striking,
stalking, threatening, sexually assaulting, battering, harassing,
telephoning, including, but not limited to, making annoying telephone
calls as described in Section 635m of the Penal Code, destroying the
personal property, contacting, either directly or indirectly, by
mail or otherwise, coming within a specified distance of, or
disturbing the peace of the child's current or former probation
officer or court appointed special advocate, upon application in the
manner provided by Section 527 of the Code of Civil Procedure.
(c) If a temporary restraining order is granted without notice,
the matter shall be made returnable on an order requiring cause to be
shown why the order should not be granted, on the earliest day that
the business of the court will permit, but not later than 21 days or,
if good cause appears to the court, 25 days from the date the
temporary restraining order is granted. The court may, on the motion
of the person seeking the restraining order, or on its own motion,
shorten the time for service of the order to show cause on the person
to be restrained. The court may, upon its own motion or the filing
of a declaration by the person seeking the restraining order, find
that the person to be restrained could not be served within the time
required by law and reissue an order previously issued and dissolved
by the court for failure to serve the person to be restrained. The
reissued order shall remain in effect until the date set for the
hearing. The reissued order shall state on its face the date of
expiration of the order. Any hearing pursuant to this section may be
held simultaneously with any regularly scheduled hearings held in
proceedings to declare a child a dependent child or ward of the
juvenile court pursuant to Section 300, 601, or 602, or subsequent
hearings regarding the dependent child or ward.
(d) The juvenile court may issue, upon notice and a hearing, any
of the orders set forth in subdivisions (a), (b), and (c). Any
restraining order granted pursuant to this subdivision shall remain
in effect, in the discretion of the court, no more than three years,
unless otherwise terminated by the court, extended by mutual consent
of all parties to the restraining order, or extended by further order
of the court on the motion of any party to the restraining order.
(e) (1) The juvenile court may issue an order made pursuant to
subdivision (a), (b), or (d) excluding a person from a residence or
dwelling. This order may be issued for the time and on the conditions
that the court determines, regardless of which party holds legal or
equitable title or is the lessee of the residence or dwelling.
(2) The court may issue an order under paragraph (1) only on a
showing of all of the following:
(A) Facts sufficient for the court to ascertain that the party who
will stay in the dwelling has a right under color of law to
possession of the premises.
(B) That the party to be excluded has assaulted or threatens to
assault the other party or any other person under the care, custody,
and control of the other party, or any minor child of the parties or
of the other party.
(C) That physical or emotional harm would otherwise result to the
other party, to any person under the care, custody, and control of
the other party, or to any minor child of the parties or of the other
party.
(f) Any order issued pursuant to subdivision (a), (b), (c), or (d)
shall state on its face the date of expiration of the order.
(g) All data with respect to a juvenile court protective order, or
extension, modification, or termination thereof, granted pursuant to
subdivision (a), (b), (c), or (d), shall be transmitted by the court
or its designee, within one business day, to law enforcement
personnel by either one of the following methods:
(1) Transmitting a physical copy of the order to a local law
enforcement agency authorized by the Department of Justice to enter
orders into the California Law Enforcement Telecommunications System
(CLETS).
(2) With the approval of the Department of Justice, entering the
order into CLETS directly.
(h) Any willful and knowing violation of any order granted
pursuant to subdivision (a), (b), (c), or (d) shall be a misdemeanor
punishable under Section 273.65 of the Penal Code.
(i) A juvenile court restraining order related to domestic
violence issued by a court pursuant to this section shall be issued
on forms adopted by the Judicial Council of California and that have
been approved by the Department of Justice pursuant to subdivision
(i) of Section 6380 of the Family Code. However, the fact that an
order issued by a court pursuant to this section was not issued on
forms adopted by the Judicial Council and approved by the Department
of Justice shall not, in and of itself, make the order unenforceable.
(j) (1) Prior to a hearing on the issuance or denial of an order
under this part, a search shall be conducted as described in
subdivision (a) of Section 6306
200. This chapter shall be known and may be cited as the
"Arnold-Kennick Juvenile Court Law."
201. The provisions of this chapter, insofar as they are
substantially the same as existing statutory provisions relating to
the same subject matter, shall be construed as restatements and
continuations thereof, and not as new enactments.
202. (a) The purpose of this chapter is to provide for the
protection and safety of the public and each minor under the
jurisdiction of the juvenile court and to preserve and strengthen the
minor's family ties whenever possible, removing the minor from the
custody of his or her parents only when necessary for his or her
welfare or for the safety and protection of the public. If removal of
a minor is determined by the juvenile court to be necessary,
reunification of the minor with his or her family shall be a primary
objective. If the minor is removed from his or her own family, it is
the purpose of this chapter to secure for the minor custody, care,
and discipline as nearly as possible equivalent to that which should
have been given by his or her parents. This chapter shall be
liberally construed to carry out these purposes.
(b) Minors under the jurisdiction of the juvenile court who are in
need of protective services shall receive care, treatment, and
guidance consistent with their best interest and the best interest of
the public. Minors under the jurisdiction of the juvenile court as a
consequence of delinquent conduct shall, in conformity with the
interests of public safety and protection, receive care, treatment,
and guidance that is consistent with their best interest, that holds
them accountable for their behavior, and that is appropriate for
their circumstances. This guidance may include punishment that is
consistent with the rehabilitative objectives of this chapter. If a
minor has been removed from the custody of his or her parents, family
preservation and family reunification are appropriate goals for the
juvenile court to consider when determining the disposition of a
minor under the jurisdiction of the juvenile court as a consequence
of delinquent conduct when those goals are consistent with his or her
best interests and the best interests of the public. When the minor
is no longer a ward of the juvenile court, the guidance he or she
received should enable him or her to be a law-abiding and productive
member of his or her family and the community.
(c) It is also the purpose of this chapter to reaffirm that the
duty of a parent to support and maintain a minor child continues,
subject to the financial ability of the parent to pay, during any
period in which the minor may be declared a ward of the court and
removed from the custody of the parent.
(d) Juvenile courts and other public agencies charged with
enforcing, interpreting, and administering the juvenile court law
shall consider the safety and protection of the public, the
importance of redressing injuries to victims, and the best interests
of the minor in all deliberations pursuant to this chapter.
Participants in the juvenile justice system shall hold themselves
accountable for its results. They shall act in conformity with a
comprehensive set of objectives established to improve system
performance in a vigorous and ongoing manner. In working to improve
system performance, the presiding judge of the juvenile court and
other juvenile court judges designated by the presiding judge of the
juvenile court shall take into consideration the recommendations
contained in subdivision (e) of Standard 5.40 of Title 5 of the
California Standards of Judicial Administration, contained in the
California Rules of Court.
(e) As used in this chapter, "punishment" means the imposition of
sanctions. It does not include retribution and shall not include a
court order to place a child in foster care as defined by Section
727.3. Permissible sanctions may include any of the following:
(1) Payment of a fine by the minor.
(2) Rendering of compulsory service without compensation performed
for the benefit of the community by the minor.
(3) Limitations on the minor's liberty imposed as a condition of
probation or parole.
(4) Commitment of the minor to a local detention or treatment
facility, such as a juvenile hall, camp, or ranch.
(5) Commitment of the minor to the Division of Juvenile
Facilities, Department of Corrections and Rehabilitation.
(f) In addition to the actions authorized by subdivision (e), the
juvenile court may, as appropriate, direct the offender to complete a
victim impact class, participate in victim offender conferencing
subject to the victim's consent, pay restitution to the victim or
victims, and make a contribution to the victim restitution fund after
all victim restitution orders and fines have been satisfied, in
order to hold the offender accountable or restore the victim or
community.
202.5. The duties of the probation officer, as described in this
chapter with respect to minors alleged or adjudged to be described by
Section 300, whether or not delegated pursuant to Section 272, shall
be deemed to be social service as defined by Section 10051, and
subject to the administration, supervision and regulations of the
State Department of Social Services.
203. An order adjudging a minor to be a ward of the juvenile court
shall not be deemed a conviction of a crime for any purpose, nor
shall a proceeding in the juvenile court be deemed a criminal
proceeding.
204. Notwithstanding any other provision of law, except provisions
of law governing the retention and storage of data, a family law
court and a court hearing a probate guardianship matter shall, upon
request from the juvenile court in any county, provide to the court
all available information the court deems necessary to make a
determination regarding the best interest of a child, as described in
Section 202, who is the subject of a proceeding before the juvenile
court pursuant to this division. The information shall also be
released to a child protective services worker or juvenile probation
officer acting within the scope of his or her duties in that
proceeding. Any information released pursuant to this section that is
confidential pursuant to any other provision of law shall remain
confidential and may not be released, except to the extent necessary
to comply with this section. No records shared pursuant to this
section may be disclosed to any party in a case unless the party
requests the agency or court that originates the record to release
these records and the request is granted. In counties that provide
confidential family law mediation, or confidential dependency
mediation, those mediations are not covered by this section.
204.5. Notwithstanding any other provision of law, the name of a
minor may be disclosed to the public if the minor is 14 years of age
or older and found by the juvenile court to be a person described in
Section 602 as a result of a sustained petition for the commission of
any of the offenses listed in Section 667.5 of the Penal Code, or in
subdivision (c) of Section 1192.7 of the Penal Code.
205. All commitments to institutions or for placement in family
homes under this chapter shall be, so far as practicable, either to
institutions or for placement in family homes of the same religious
belief as that of the person so committed or of his parents or to
institutions affording opportunity for instruction in such religious
belief.
206. Persons taken into custody and persons alleged to be within
the description of Section 300, or persons adjudged to be such and
made dependent children of the court pursuant to this chapter solely
upon that ground, shall be provided by the board of supervisors with
separate facilities segregated from persons either alleged or
adjudged to come within the description of Section 601 or 602 except
as provided in Section 16514. Separate segregated facilities may be
provided in the juvenile hall or elsewhere.
The facilities required by this section shall, with regard to
minors alleged or adjudged to come within Section 300, be nonsecure.
For the purposes of this section, the term "secure facility" means
a facility which is designed and operated so as to insure that all
entrances to, and exits from, the facility are under the exclusive
control of the staff of the facility, whether or not the person being
detained has freedom of movement within the perimeters of the
facility, or which relies on locked rooms and buildings, fences, or
physical restraints in order to control behavior of its residents.
The term "nonsecure facility" means a facility that is not
characterized by the use of physically restricting construction,
hardware, and procedures and which provides its residents access to
the surrounding community with minimal supervision. A facility shall
not be deemed secure due solely to any of the following conditions:
(1) the existence within the facility of a small room for the
protection of individual residents from themselves or others; (2) the
adoption of regulations establishing reasonable hours for residents
to come and go from the facility based upon a sensible and fair
balance between allowing residents free access to the community and
providing the staff with sufficient authority to maintain order,
limit unreasonable actions by residents, and to ensure that minors
placed in their care do not come and go at all hours of the day and
night or absent themselves at will for days at a time; and (3) staff
control over ingress and egress no greater than that exercised by a
prudent parent. The State Department of Social Services may adopt
regulations governing the use of small rooms pursuant to this
section.
No minor described in this section may be held in temporary
custody in any building that contains a jail or lockup for the
confinement of adults, unless, while in the building, the minor is
under continuous supervision and is not permitted to come into or
remain in contact with adults in custody in the building. In
addition, no minor who is alleged to be within the description of
Section 300 may be held in temporary custody in a building that
contains a jail or lockup for the confinement of adults, unless the
minor is under the direct and continuous supervision of a peace
officer or other child protective agency worker, as specified in
Section 11165.9 of the Penal Code, until temporary custody and
detention of the minor is assumed pursuant to Section 309. However,
if a child protective agency worker is not available to supervise the
minor as certified by the law enforcement agency which has custody
of the minor, a trained volunteer may be directed to supervise the
minor. The volunteer shall be trained and function under the auspices
of the agency which utilizes the volunteer. The minor may not remain
under the supervision of the volunteer for more than three hours. A
county which elects to utilize trained volunteers for the temporary
supervision of minors shall adopt guidelines for the training of the
volunteers which guidelines shall be approved by the State Department
of Social Services. Each county which elects to utilize trained
volunteers for the temporary supervision of minors shall report
annually to the department on the number of volunteers utilized, the
number of minors under their supervision, and the circumstances under
which volunteers were utilized.
No record of the detention of such a person shall be made or kept
by any law enforcement agency or the Department of Justice as a
record of arrest.
207. (a) No minor shall be detained in any jail, lockup, juvenile
hall, or other secure facility who is taken into custody solely upon
the ground that he or she is a person described by Section 601 or
adjudged to be such or made a ward of the juvenile court solely upon
that ground, except as provided in subdivision (b). If any such
minor, other than a minor described in subdivision (b), is detained,
he or she shall be detained in a sheltered-care facility or crisis
resolution home as provided for in Section 654, or in a nonsecure
facility provided for in subdivision (a), (b), (c), or (d) of Section
727.
(b) A minor taken into custody upon the ground that he or she is a
person described in Section 601, or adjudged to be a ward of the
juvenile court solely upon that ground, may be held in a secure
facility, other than a facility in which adults are held in secure
custody, in any of the following circumstances:
(1) For up to 12 hours after having been taken into custody for
the purpose of determining if there are any outstanding wants,
warrants, or holds against the minor in cases where the arresting
officer or probation officer has cause to believe that the wants,
warrants, or holds exist.
(2) For up to 24 hours after having been taken into custody, in
order to locate the minor's parent or guardian as soon as possible
and to arrange the return of the minor to his or her parent or
guardian, with the exception of an out-of-state runaway who is being
held pursuant to the Interstate Compact for Juveniles.
(c) Any minor detained in juvenile hall pursuant to subdivision
(b) may not be permitted to come or remain in contact with any person
detained on the basis that he or she has been taken into custody
upon the ground that he or she is a person described in Section 602
or adjudged to be such or made a ward of the juvenile court upon that
ground.
(d) Minors detained in juvenile hall pursuant to Sections 601 and
602 may be held in the same facility provided they are not permitted
to come or remain in contact within that facility.
(e) Every county shall keep a record of each minor detained under
subdivision (b), the place and length of time of the detention, and
the reasons why the detention was necessary. Every county shall
report this information to the Board of Corrections on a monthly
basis, on forms to be provided by that agency.
The board shall not disclose the name of the detainee, or any
personally identifying information contained in reports sent to the
Youth Authority under this subdivision.
207.1. (a) No court, judge, referee, peace officer, or employee of
a detention facility shall knowingly detain any minor in a jail or
lockup, except as provided in subdivision (b) or (d).
(b) Any minor who is alleged to have committed an offense
described in subdivision (b), paragraph (2) of subdivision (d), or
subdivision (e) of Section 707 whose case is transferred to a court
of criminal jurisdiction pursuant to Section 707.1 after a finding is
made that he or she is not a fit and proper subject to be dealt with
under the juvenile court law, or any minor who has been charged
directly in or transferred to a court of criminal jurisdiction
pursuant to Section 707.01, may be detained in a jail or other secure
facility for the confinement of adults if all of the following
conditions are met:
(1) The juvenile court or the court of criminal jurisdiction makes
a finding that the minor's further detention in the juvenile hall
would endanger the safety of the public or would be detrimental to
the other minors in the juvenile hall.
(2) Contact between the minor and adults in the facility is
restricted in accordance with Section 208.
(3) The minor is adequately supervised.
(c) A minor who is either found not to be a fit and proper subject
to be dealt with under the juvenile court law or who will be
transferred to a court of criminal jurisdiction pursuant to Section
707.01, at the time of transfer to a court of criminal jurisdiction
or at the conclusion of the fitness hearing, as the case may be,
shall be entitled to be released on bail or on his or her own
recognizance upon the same circumstances, terms, and conditions as an
adult who is alleged to have committed the same offense.
(d) (1) A minor 14 years of age or older who is taken into
temporary custody by a peace officer on the basis of being a person
described by Section 602, and who, in the reasonable belief of the
peace officer, presents a serious security risk of harm to self or
others, may be securely detained in a law enforcement facility that
contains a lockup for adults, if all of the following conditions are
met:
(A) The minor is held in temporary custody for the purpose of
investigating the case, facilitating release of the minor to a parent
or guardian, or arranging transfer of the minor to an appropriate
juvenile facility.
(B) The minor is detained in the law enforcement facility for a
period that does not exceed six hours except as provided in
subdivision (f).
(C) The minor is informed at the time he or she is securely
detained of the purpose of the secure detention, of the length of
time the secure detention is expected to last, and of the maximum
six-hour period the secure detention is authorized to last. In the
event an extension is granted pursuant to subdivision (f), the minor
shall be informed of the length of time the extension is expected to
last.
(D) Contact between the minor and adults confined in the facility
is restricted in accordance with Section 208.
(E) The minor is adequately supervised.
(F) A log or other written record is maintained by the law
enforcement agency showing the offense that is the basis for the
secure detention of the minor in the facility, the reasons and
circumstances forming the basis for the decision to place the minor
in secure detention, and the length of time the minor was securely
detained.
(2) Any other minor, other than a minor to which paragraph (1)
applies, who is taken into temporary custody by a peace officer on
the basis that the minor is a person described by Section 602 may be
taken to a law enforcement facility that contains a lockup for adults
and may be held in temporary custody in the facility for the
purposes of investigating the case, facilitating the release of the
minor to a parent or guardian, or arranging for the transfer of the
minor to an appropriate juvenile facility. While in the law
enforcement facility, the minor may not be securely detained and
shall be supervised in a manner so as to ensure that there will be no
contact with adults in custody in the facility. If the minor is held
in temporary, nonsecure custody within the facility, the peace
officer shall exercise one of the dispositional options authorized by
Sections 626 and 626.5 without unnecessary delay and, in every case,
within six hours.
(3) "Law enforcement facility," as used in this subdivision,
includes a police station or a sheriff's station, but does not
include a jail, as defined in subdivision (i).
(e) The Board of Corrections shall assist law enforcement
agencies, probation departments, and courts with the implementation
of this section by doing all of the following:
(1) The board shall advise each law enforcement agency, probation
department, and court affected by this section as to its existence
and effect.
(2) The board shall make available and, upon request, shall
provide, technical assistance to each governmental agency that
reported the confinement of a minor in a jail or lockup in calendar
year 1984 or 1985. The purpose of this technical assistance is to
develop alternatives to the use of jails or lockups for the
confinement of minors. These alternatives may include secure or
nonsecure facilities located apart from an existing jail or lockup,
improved transportation or access to juvenile halls or other juvenile
facilities, and other programmatic alternatives recommended by the
board. The technical assistance shall take any form the board deems
appropriate for effective compliance with this section.
(f) (1) (A) Under the limited conditions of inclement weather,
acts of God, or natural disasters that result in the temporary
unavailability of transportation, an extension of the six-hour
maximum period of detention set forth in paragraph (2) of subdivision
(d) may be granted to a county by the Board of Corrections. The
extension may be granted only by the board, on an individual,
case-by-case basis. If the extension is granted, the detention of
minors under those conditions shall not exceed the duration of the
special conditions, plus a period reasonably necessary to accomplish
transportation of the minor to a suitable juvenile facility, not to
exceed six hours after the restoration of available transportation.
(B) A county that receives an extension under this paragraph shall
comply with the requirements set forth in subdivision (d). The
county also shall provide a written report to the board that
specifies when the inclement weather, act of God, or natural disaster
ceased to exist, when transportation availability was restored, and
when the minor was delivered to a suitable juvenile facility. If the
minor was detained in excess of 24 hours, the board shall verify the
information contained in the report.
(2) Under the limited condition of temporary unavailability of
transportation, an extension of the six-hour maximum period of
detention set forth in paragraph (2) of subdivision (d) may be
granted by the board to an offshore law enforcement facility. The
extension may be granted only by the board, on an individual,
case-by-case basis. If the extension is granted, the detention of
minors under those conditions shall extend only until the next
available mode of transportation can be arranged.
An offshore law enforcement facility that receives an extension
under this paragraph shall comply with the requirements set forth in
subdivision (d). The facility also shall provide a written report to
the board that specifies when the next mode of transportation became
available, and when the minor was delivered to a suitable juvenile
facility. If the minor was detained in excess of 24 hours, the board
shall verify the information contained in the report.
(3) At least annually, the board shall review and report on
extensions sought and granted under this subdivision. If, upon that
review, the board determines that a county has sought one or more
extensions resulting in the excessive confinement of minors in adult
facilities, or that a county is engaged in a pattern and practice of
seeking extensions, it shall require the county to submit a detailed
explanation of the reasons for the extensions sought and an
assessment of the need for a conveniently located and suitable
juvenile facility. Upon receiving this information, the board shall
make available, and the county shall accept, technical assistance for
the purpose of developing suitable alternatives to the confinement
of minors in adult lockups.
(g) Any county that did not have a juvenile hall on January 1,
1987, may establish a special purpose juvenile hall, as defined by
the Board of Corrections, for the detention of minors for a period
not to exceed 96 hours. Any county that had a juvenile hall on
January 1, 1987, also may establish, in addition to the juvenile
hall, a special purpose juvenile hall. The board shall prescribe
minimum standards for that type of facility.
(h) No part of a building or a building complex that contains a
jail may be converted or utilized as a secure juvenile facility
unless all of the following criteria are met:
(1) The juvenile facility is physically, or architecturally,
separate and apart from the jail or lockup such that there could be
no contact between juveniles and incarcerated adults.
(2) Sharing of nonresidential program areas only occurs where
there are written policies and procedures that assure that there is
time-phased use of those areas that prevents contact between
juveniles and incarcerated adults.
(3) The juvenile facility has a dedicated and separate staff from
the jail or lockup, including management, security, and direct care
staff. Staff who provide specialized services such as food, laundry,
maintenance, engineering, or medical services, who are not normally
in contact with detainees, or whose infrequent contacts occur under
conditions of separation of juveniles and adults, may serve both
populations.
(4) The juvenile facility complies with all applicable state and
local statutory, licensing, and regulatory requirements for juvenile
facilities of its type.
(i) (1) "Jail," as used in this chapter, means a locked facility
administered by a law enforcement or governmental agency, the purpose
of which is to detain adults who have been charged with violations
of criminal law and are pending trial, or to hold convicted adult
criminal offenders sentenced for less than one year.
(2) "Lockup," as used in this chapter, means any locked room or
secure enclosure under the control of a sheriff or other peace
officer that is primarily for the temporary confinement of adults
upon arrest.
(3) "Offshore law enforcement facility," as used in this section,
means a sheriff's station containing a lockup for adults that is
located on an island located at least 22 miles from the California
coastline.
(j) Nothing in this section shall be deemed to prevent a peace
officer or employee of an adult detention facility or jail from
escorting a minor into the detention facility or jail for the purpose
of administering an evaluation, test, or chemical test pursuant to
Section 23157 of the Vehicle Code, if all of the following conditions
are met:
(1) The minor is taken into custody by a peace officer on the
basis of being a person described by Section 602 and there is no
equipment for the administration of the evaluation, test, or chemical
test located at a juvenile facility within a reasonable distance of
the point where the minor was taken into custody.
(2) The minor is not locked in a cell or room within the adult
detention facility or jail, is under the continuous, personal
supervision of a peace officer or employee of the detention facility
or jail, and is not permitted to come in contact or remain in contact
with in-custody adults.
(3) The evaluation, test, or chemical test administered pursuant
to Section 23157 of the Vehicle Code is performed as expeditiously as
possible, so that the minor is not delayed unnecessarily within the
adult detention facility or jail. Upon completion of the evaluation,
test, or chemical test, the minor shall be removed from the detention
facility or jail as soon as reasonably possible. No minor shall be
held in custody in an adult detention facility or jail under the
authority of this paragraph in excess of two hours.
207.2. (a) A minor who is held in temporary custody in a law
enforcement facility that contains a lockup for adults pursuant to
subdivision (d) of Section 207.1 may be released to a parent,
guardian, or responsible relative by the law enforcement agency
operating the facility, or may at the discretion of the law
enforcement agency be released into his or her own custody, provided
that a minor released into his or her own custody is furnished, upon
request, with transportation to his or her home or to the place where
the minor was taken into custody.
(b) In addition to the liability established by any other
provision of law, a parent or guardian of a minor who has been held
in temporary custody in a law enforcement facility pursuant to
subdivision (d) of Section 207.1 shall be liable for the reasonable
costs of transporting the minor to a juvenile facility and for the
costs of the minor's food, shelter, and care at the juvenile facility
when all of the following circumstances are applicable:
(1) The parent or guardian has received actual notice by telephone
or by written communication from the law enforcement agency that the
minor is scheduled for release and that the parent is requested to
take delivery of the minor at the law enforcement facility, in person
or through a responsible relative, by a time certain which shall be
no later than six hours from the time the minor was placed in
temporary custody at the law enforcement facility. The notice shall
inform the parent or guardian of the financial liability created by
this section.
(2) It is reasonably possible for the parent or guardian to take
delivery, in person or through a responsible relative, of the minor
at the law enforcement facility within the custody time limit
identified by the law enforcement agency in the request to take
delivery of the minor.
(3) The parent or guardian states a refusal to accept release of
the minor or fails to make a reasonable effort to take timely
delivery of the minor, in person or through a responsible relative,
in accordance with the request of the law enforcement agency.
(c) The liability established by this section, when combined with
any other liability arising under Section 903, shall not exceed one
hundred dollars ($100) for each 24-hour period, beginning when notice
of release was actually received, in which a notified parent or
guardian has failed to make a reasonable effort to take custody of
the minor, in person or through a responsible relative, at the law
enforcement facility or at a juvenile facility to which the minor is
subsequently transferred.
(d) The liability established by this section shall be limited by
the financial ability of the parents, guardians, or other persons to
pay. Any parent, guardian, or other person who is assessed under this
section shall, upon request, be entitled to an evaluation and
determination of ability to pay under Section 903.45. Any parent,
guardian, or other person who is assessed under this section shall
also be entitled, upon petition, to a hearing in the juvenile court
on the issues of liability and ability to pay.
207.5. Every person who misrepresents or falsely identifies himself
or herself either verbally or by presenting any fraudulent written
instrument to any probation officer, or to any superintendent,
director, counselor, or employee of a juvenile hall, ranch, or camp
for the purpose of securing admission to the premises or grounds of
any juvenile hall, ranch, or camp, or to gain access to any minor
detained therein, and who would not otherwise qualify for admission
or access thereto, is guilty of a misdemeanor.
207.6. A minor may be detained in a jail or other secure facility
for the confinement of adults pursuant to subdivision (b) of Section
207.1 or paragraph (1) of subdivision (b) of Section 707.1 only if
the court makes its findings on the record and, in addition, finds
that the minor poses a danger to the staff, other minors in the
juvenile facility, or to the public because of the minor's failure to
respond to the disciplinary control of the juvenile facility, or
because the nature of the danger posed by the minor cannot safely be
managed by the disciplinary procedures of the juvenile facility.
208. (a) When any person under 18 years of age is detained in or
sentenced to any institution in which adults are confined, it shall
be unlawful to permit such person to come or remain in contact with
such adults.
(b) No person who is a ward or dependent child of the juvenile
court who is detained in or committed to any state hospital or other
state facility shall be permitted to come or remain in contact with
any adult person who has been committed to any state hospital or
other state facility as a mentally disordered sex offender under the
provisions of Article 1 (commencing with Section 6300) of Chapter 2
of Part 2 of Division 6, or with any adult person who has been
charged in an accusatory pleading with the commission of any sex
offense for which registration of the convicted offender is required
under Section 290 of the Penal Code and who has been committed to any
state hospital or other state facility pursuant to Section 1026 or
1370 of the Penal Code.
(c) As used in this section, "contact" does not include
participation in supervised group therapy or other supervised
treatment activities, participation in work furlough programs, or
participation in hospital recreational activities which are directly
supervised by employees of the hospital, so long as living
arrangements are strictly segregated and all precautions are taken to
prevent unauthorized associations.
(d) This section shall be operative January 1, 1998.
208.5. (a) Notwithstanding any other law, in any case in which a
minor who is detained in or committed to a county institution
established for the purpose of housing juveniles attains 18 years of
age prior to or during the period of detention or confinement he or
she may be allowed to come or remain in contact with those juveniles
until 19 years of age, at which time he or she, upon the
recommendation of the probation officer, shall be delivered to the
custody of the sheriff for the remainder of the time he or she
remains in custody, unless the juvenile court orders continued
detention in a juvenile facility. If continued detention is ordered
for a ward under the jurisdiction of the juvenile court who is 19
years of age or older but under 21 years of age, the detained person
may be allowed to come into or remain in contact with any other
person detained in the institution subject to the requirements of
subdivision (b). The person shall be advised of his or her ability to
petition the court for continued detention in a juvenile facility at
the time of his or her attainment of 19 years of age.
Notwithstanding any other law, the sheriff may allow the person to
come into and remain in contact with other adults in the county jail
or in any other county correctional facility in which he or she is
housed.
(b) The county shall apply to the Corrections Standards Authority
for approval of a county institution established for the purpose of
housing juveniles as a suitable place for confinement before the
institution is used for the detention or commitment of an individual
under the jurisdiction of the juvenile court who is 19 years of age
or older but under 21 years of age where the detained person will
come into or remain in contact with persons under 18 years of age who
are detained in the institution. The authority shall review and
approve or deny the application of the county within 30 days of
receiving notice of this proposed use. In its review, the authority
shall take into account the available programming, capacity, and
safety of the institution as a place for the combined confinement and
rehabilitation of individuals under the jurisdiction of the juvenile
court who are over 19 years of age and those who are under 19 years
of age.
209. (a) The judge of the juvenile court of a county, or, if there
is more than one judge, any of the judges of the juvenile court
shall, at least annually, inspect any jail, juvenile hall, or special
purpose juvenile hall that, in the preceding calendar year, was used
for confinement, for more than 24 hours, of any minor.
The judge shall promptly notify the operator of the jail, juvenile
hall, or special purpose juvenile hall of any observed noncompliance
with minimum standards for juvenile facilities adopted by the Board
of Corrections under Section 210. Based on the facility's subsequent
compliance with the provisions of subdivisions (d) and (e), the judge
shall thereafter make a finding whether the facility is a suitable
place for the confinement of minors and shall note the finding in the
minutes of the court.
The Board of Corrections shall conduct a biennial inspection of
each jail, juvenile hall, lockup, or special purpose juvenile hall
situated in this state that, during the preceding calendar year, was
used for confinement, for more than 24 hours, of any minor. The board
shall promptly notify the operator of any jail, juvenile hall,
lockup, or special purpose juvenile hall of any noncompliance found,
upon inspection, with any of the minimum standards for juvenile
facilities adopted by the Board of Corrections under Section 210 or
210.2.
If either a judge of the juvenile court or the board, after
inspection of a jail, juvenile hall, special purpose juvenile hall,
or lockup, finds that it is not being operated and maintained as a
suitable place for the confinement of minors, the juvenile court or
the board shall give notice of its finding to all persons having
authority to confine minors pursuant to this chapter and commencing
60 days thereafter the facility shall not be used for confinement of
minors until the time the judge or board, as the case may be, finds,
after reinspection of the facility that the conditions that rendered
the facility unsuitable have been remedied, and the facility is a
suitable place for confinement of minors.
The custodian of each jail, juvenile hall, special purpose
juvenile hall, and lockup shall make any reports as may be requested
by the board or the juvenile court to effectuate the purposes of this
section.
(b) The Board of Corrections may inspect any law enforcement
facility that contains a lockup for adults and that it has reason to
believe may not be in compliance with the requirements of subdivision
(d) of Section 207.1 or with the certification requirements or
standards adopted under Section 210.2. A judge of the juvenile court
shall conduct an annual inspection, either in person or through a
delegated member of the appropriate county or regional juvenile
justice commission, of any law enforcement facility that contains a
lockup for adults which, in the preceding year, was used for the
secure detention of any minor. If the law enforcement facility is
observed, upon inspection, to be out of compliance with the
requirements of subdivision (d) of Section 207.1, or with any
standard adopted under Section 210.2, the board or the judge shall
promptly notify the operator of the law enforcement facility of the
specific points of noncompliance.
If either the judge or the board finds after inspection that the
facility is not being operated and maintained in conformity with the
requirements of subdivision (d) of Section 207.1 or with the
certification requirements or standards adopted under Section 210.2,
the juvenile court or the board shall give notice of its finding to
all persons having authority to securely detain minors in the
facility, and, commencing 60 days thereafter, the facility shall not
be used for the secure detention of a minor until the time the judge
or the board, as the case may be, finds, after reinspection, that the
conditions that rendered the facility unsuitable have been remedied,
and the facility is a suitable place for the confinement of minors
in conformity with all requirements of law.
The custodian of each law enforcement facility that contains a
lockup for adults shall make any report as may be requested by the
board or by the juvenile court to effectuate the purposes of this
subdivision.
(c) The board shall collect biennial data on the number, place,
and duration of confinements of minors in jails and lockups, as
defined in subdivision (i) of Section 207.1, and shall publish
biennially this information in the form as it deems appropriate for
the purpose of providing public information on continuing compliance
with the requirements of Section 207.1.
(d) Except as provided in subdivision (e), a juvenile hall,
special purpose juvenile hall, law enforcement facility, or jail
shall be unsuitable for the confinement of minors if it is not in
compliance with one or more of the minimum standards for juvenile
facilities adopted by the Board of Corrections under Section 210 or
210.2, and if, within 60 days of having received notice of
noncompliance from the board or the judge of the juvenile court, the
juvenile hall, special purpose juvenile hall, law enforcement
facility, or jail has failed to file an approved corrective action
plan with the Board of Corrections to correct the condition or
conditions of noncompliance of which it has been notified. The
corrective action plan shall outline how the juvenile hall, special
purpose juvenile hall, law enforcement facility, or jail plans to
correct the issue of noncompliance and give a reasonable timeframe,
not to exceed 90 days, for resolution, that the board shall either
approve or deny. In the event the juvenile hall, special purpose
juvenile hall, law enforcement facility, or jail fails to meet its
commitment to resolve noncompliance issues outlined in its corrective
action plan, the board shall make a determination of suitability at
its next scheduled meeting.
(e) If a juvenile hall is not in compliance with one or more of
the minimum standards for juvenile facilities adopted by the Board of
Corrections under Section 210, and where the noncompliance arises
from sustained occupancy levels that are above the population
capacity permitted by applicable minimum standards, the juvenile hall
shall be unsuitable for the confinement of minors if the board or
the judge of the juvenile court determines that conditions in the
facility pose a serious risk to the health, safety, or welfare of
minors confined in the facility. In making its determination of
suitability, the board or the judge of the juvenile court shall
consider, in addition to the noncompliance with minimum standards,
the totality of conditions in the juvenile hall, including the extent
and duration of overpopulation as well as staffing, program,
physical plant, and medical and mental health care conditions in the
facility. The Board of Corrections may develop guidelines and
procedures for its determination of suitability in accordance with
this subdivision and to assist counties in bringing their juvenile
halls into full compliance with applicable minimum standards. This
subdivision shall not be interpreted to exempt a juvenile hall from
having to correct, in accordance with the provisions of subdivision
(d), any minimum standard violations that are not directly related to
overpopulation of the facility.
(f) In accordance with the federal Juvenile Justice and
Delinquency Prevention Act of 2002 (42 U.S.C. Sec. 5601 et seq.), the
Corrections Standards Authority shall inspect and collect relevant
data from any facility that may be used for the secure detention of
minors.
210. The Board of Corrections shall adopt minimum standards for the
operation and maintenance of juvenile halls for the confinement of
minors.
210.1. The Board of Corrections shall develop guidelines for the
operation and maintenance of nonsecure placement facilities for
persons alleged or found to be persons coming within the terms of
Section 601 or 602.
210.2. (a) The Board of Corrections shall adopt regulations
establishing standards for law enforcement facilities which contain
lockups for adults and which are used for the temporary, secure
detention of minors upon arrest under subdivision (d) of Section
207.1. The standards shall identify appropriate conditions of
confinement for minors in law enforcement facilities, including
standards for places within a police station or sheriff's station
where minors may be securely detained; standards regulating contact
between minors and adults in custody in lockup, booking, or common
areas; standards for the supervision of minors securely detained in
these facilities; and any other related standard as the board deems
appropriate to effectuate compliance with subdivision (d) of Section
207.1.
(b) Every person in charge of a law enforcement facility which
contains a lockup for adults and which is used in any calendar year
for the secure detention of any minor shall certify annually that the
facility is in conformity with the regulations adopted by the board
under subdivision (a). The certification shall be endorsed by the
sheriff or chief of police of the jurisdiction in which the facility
is located and shall be forwarded to and maintained by the board. The
board may provide forms and instructions to local jurisdictions to
facilitate compliance with this requirement.
210.5. The Legislature finds and declares that it is in the best
public interest to encourage innovations in staffing ratios,
maximization of housing unit size, and experimentation with
innovative architectural designs and program components, designs, or
operations in the operation and maintenance of new juvenile detention
facilities. Therefore, to these ends, Tulare County, as a
demonstration project, may undertake the construction and operation
of a juvenile detention facility, to be known as the "Tulare County
Juvenile Facility," that shall not be subject to laws or regulations
governing staffing ratios and housing capacity for juvenile
facilities except as provided in this section. Before the county
proceeds with the construction and operation of the Tulare County
Juvenile Facility, the schematics and the proposed staffing patterns
of this project shall be subject to review and approval by the Board
of Corrections, which shall consider the proposed regulations,
applicable current case law, and appropriate juvenile correctional
practices in order to determine the merits of the proposal and to
ensure the safety and security of wards and the staff. Any review
conducted by the Board of Corrections pursuant to this section shall
consider community, inmate, and staff safety, and the extent to which
the project makes the most efficient use of resources. In addition,
progress reports and evaluative data regarding the success of the
demonstration project shall be provided to the Board of Corrections
by the county.
Nothing contained in this section shall affect the applicability
of the provisions of the Labor Code.
211. (a) No person under the age of 14 years shall be committed to
a state prison or be transferred thereto from any other institution.
(b) Notwithstanding any other provision of law, no person under
the age of 16 years shall be housed in any facility under the
jurisdiction of the Department of Corrections.
212. There shall be no fee for filing a petition under this chapter
nor shall any fees be charged by any public officer for his services
in filing or serving papers or for the performance of any duty
enjoined upon him by this chapter, except where the sheriff
transports a person to a state institution. If the judge of the
juvenile court orders that a ward or dependent child go to a state
institution without being accompanied by an officer or that a ward or
dependent child be taken to an institution by the probation officer
of the county or parole officer of the institution or by some other
suitable person, all expenses necessarily incurred therefor shall be
allowed and paid in the same manner and from the same funds as such
expenses would be allowed and paid were such transportation effected
by the sheriff.
213. Any willful disobedience or interference with any lawful order
of the juvenile court or of a judge or referee thereof constitutes a
contempt of court.
213.5. (a) After a petition has been filed pursuant to Section 311
to declare a child a dependent child of the juvenile court, and until
the time that the petition is dismissed or dependency is terminated,
upon application in the manner provided by Section 527 of the Code
of Civil Procedure, the juvenile court may issue ex parte orders (1)
enjoining any person from molesting, attacking, striking, sexually
assaulting, stalking, or battering the child or any other child in
the household; (2) excluding any person from the dwelling of the
person who has care, custody, and control of the child; and (3)
enjoining any person from behavior, including contacting,
threatening, or disturbing the peace of the child, that the court
determines is necessary to effectuate orders under paragraph (1) or
(2). A court may also issue an ex parte order enjoining any person
from contacting, threatening, molesting, attacking, striking,
sexually assaulting, stalking, battering, or disturbing the peace of
any parent, legal guardian, or current caretaker of the child,
regardless of whether the child resides with that parent, legal
guardian, or current caretaker, upon application in the manner
provided by Section 527 of the Code of Civil Procedure.
(b) After a petition has been filed pursuant to Section 601 or 602
to declare a child a ward of the juvenile court, and until the time
that the petition is dismissed or wardship is terminated, upon
application in the manner provided by Section 527 of the Code of
Civil Procedure, the juvenile court may issue ex parte orders (1)
enjoining any person from molesting, attacking, threatening, sexually
assaulting, stalking, or battering the child or any other child in
the household; (2) excluding any person from the dwelling of the
person who has care, custody, and control of the child; or (3)
enjoining the child from contacting, threatening, stalking, or
disturbing the peace of any person the court finds to be at risk from
the conduct of the child, or with whom association would be
detrimental to the child.
(c) If a temporary restraining order is granted without notice,
the matter shall be made returnable on an order requiring cause to be
shown why the order should not be granted, on the earliest day that
the business of the court will permit, but not later than 15 days or,
if good cause appears to the court, 20 days from the date the
temporary restraining order is granted. The court may, on the motion
of the person seeking the restraining order, or on its own motion,
shorten the time for service of the order to show cause on the person
to be restrained. The court may, upon its own motion or the filing
of an affidavit by the person seeking the restraining order, find
that the person to be restrained could not be served within the time
required by law and reissue an order previously issued and dissolved
by the court for failure to serve the person to be restrained. The
reissued order shall state on its face the date of expiration of the
order. Any hearing pursuant to this section may be held
simultaneously with any regularly scheduled hearings held in
proceedings to declare a child a dependent child or ward of the
juvenile court pursuant to Section 300, 601, or 602, or subsequent
hearings regarding the dependent child or ward.
(d) The juvenile court may issue, upon notice and a hearing, any
of the orders set forth in subdivisions (a), (b), and (c). Any
restraining order granted pursuant to this subdivision shall remain
in effect, in the discretion of the court, no more than three years,
unless otherwise terminated by the court, extended by mutual consent
of all parties to the restraining order, or extended by further order
of the court on the motion of any party to the restraining order.
(e) (1) The juvenile court may issue an order made pursuant to
subdivision (a), (c), or (d) excluding a person from a residence or
dwelling. This order may be issued for the time and on the conditions
that the court determines, regardless of which party holds legal or
equitable title or is the lessee of the residence or dwelling.
(2) The court may issue an order under paragraph (1) only on a
showing of all of the following:
(A) Facts sufficient for the court to ascertain that the party who
will stay in the dwelling has a right under color of law to
possession of the premises.
(B) That the party to be excluded has assaulted or threatens to
assault the other party or any other person under the care, custody,
and control of the other party, or any minor child of the parties or
of the other party.
(C) That physical or emotional harm would otherwise result to the
other party, to any person under the care, custody, and control of
the other party, or to any minor child of the parties or of the other
party.
(f) Any order issued pursuant to subdivision (a), (b), (c), or (d)
shall state on its face the date of expiration of the order.
(g) The juvenile court shall order any designated person or
attorney to mail a copy of any order, or extension, modification, or
termination thereof, granted pursuant to subdivision (a), (b), (c),
or (d), by the close of the business day on which the order,
extension, modification, or termination was granted, and any
subsequent proof of service thereof, to each local law enforcement
agency designated by the person seeking the restraining order or his
or her attorney having jurisdiction over the residence of the person
who has care, custody, and control of the child and other locations
where the court determines that acts of domestic violence or abuse
against the child or children are likely to occur. Each appropriate
law enforcement agency shall make available through an existing
system for verification, information as to the existence, terms, and
current status of any order issued pursuant to subdivision (a), (b),
(c), or (d) to any law enforcement officer responding to the scene of
reported domestic violence or abuse.
(h) Any willful and knowing violation of any order granted
pursuant to subdivision (a), (b), (c), or (d) shall be a misdemeanor
punishable under Section 273.65 of the Penal Code.
(i) A juvenile court restraining order related to domestic
violence issued by a court pursuant to this section shall be issued
on forms adopted by the Judicial Council of California and that have
been approved by the Department of Justice pursuant to subdivision
(i) of Section 6380 of the Family Code. However, the fact that an
order issued by a court pursuant to this section was not issued on
forms adopted by the Judicial Council and approved by the Department
of Justice shall not, in and of itself, make the order unenforceable.
(j) Information on any juvenile court restraining order related to
domestic violence issued by a court pursuant to this section shall
be transmitted to the Department of Justice in accordance with
subdivision (b) of Section 6380 of the Family Code.
(k) (1) Prior to a hearing on the issuance or denial of an order
under this part, a search shall be conducted as described in
subdivision (a) of Section 6306 of the Family Code.
(2) Prior to deciding whether to issue an order under this part,
the court shall consider the following information obtained pursuant
to a search conducted under paragraph (1): any conviction for a
violent felony specified in Section 667.5 of the Penal Code or a
serious felony specified in Section 1192.7 of the Penal Code; any
misdemeanor conviction involving domestic violence, weapons, or other
violence; any outstanding warrant; parole or probation status; any
prior restraining order; and any violation of a prior restraining
order.
(3) (A) If the results of the search conducted pursuant to
paragraph (1) indicate that an outstanding warrant exists against the
subject of the search, the court shall order the clerk of the court
to immediately notify, by the most effective means available,
appropriate law enforcement officials of any information obtained
through the search that the court determines is appropriate. The law
enforcement officials notified shall take all actions necessary to
execute any outstanding warrants or any other actions, as appropriate
and as soon as practicable.
(B) If the results of the search conducted pursuant to paragraph
(1) indicate that the subject of the search is currently on parole or
probation, the court shall order the clerk of the court to
immediately notify, by the most effective means available, the
appropriate parole or probation officer of any information obtained
through the search that the court determines is appropriate. The
parole or probation officer notified shall take all actions necessary
to revoke any parole or probation, or any other actions, with
respect to the subject person, as appropriate and as soon as
practicable.
(l) Upon making any order for custody or visitation pursuant to
this section, the court shall follow the procedures specified in
subdivisions (c) and (d) of Section 6323 of the Family Code.
213.5. (a) After a petition has been filed pursuant to Section 311
to declare a child a dependent child of the juvenile court, and until
the time that the petition is dismissed or dependency is terminated,
upon application in the manner provided by Section 527 of the Code
of Civil Procedure or in the manner provided by Section 6300 of the
Family Code, if related to domestic violence, the juvenile court has
exclusive jurisdiction to issue ex parte orders (1) enjoining any
person from molesting, attacking, striking, stalking, threatening,
sexually assaulting, battering, harassing, telephoning, including,
but not limited to, making annoying telephone calls as described in
Section 653m of the Penal Code, destroying the personal property,
contacting, either directly or indirectly, by mail or otherwise,
coming within a specified distance of, or disturbing the peace of the
child or any other child in the household; and (2) excluding any
person from the dwelling of the person who has care, custody, and
control of the child. A court may also issue an ex parte order
enjoining any person from molesting, attacking, striking, stalking,
threatening, sexually assaulting, battering, harassing, telephoning,
including, but not limited to, making annoying telephone calls as
described in Section 635m of the Penal Code, destroying the personal
property, contacting, either directly or indirectly, by mail or
otherwise, coming within a specified distance of, or disturbing the
peace of any parent, legal guardian, or current caretaker of the
child, regardless of whether the child resides with that parent,
legal guardian, or current caretaker, upon application in the manner
provided by Section 527 of the Code of Civil Procedure or, if related
to domestic violence, in the manner provided by Section 6300 of the
Family Code. A court may also issue an ex parte order enjoining any
person from molesting, attacking, striking, stalking, threatening,
sexually assaulting, battering, harassing, telephoning, including,
but not limited to, making annoying telephone calls as described in
Section 635m of the Penal Code, destroying the personal property,
contacting, either directly or indirectly, by mail or otherwise,
coming within a specified distance of, or disturbing the peace of the
child's current or former social worker or court appointed special
advocate, upon application in the manner provided by Section 527 of
the Code of Civil Procedure.
(b) After a petition has been filed pursuant to Section 601 or 602
to declare a child a ward of the juvenile court, and until the time
that the petition is dismissed or wardship is terminated, upon
application in the manner provided by Section 527 of the Code of
Civil Procedure or, if related to domestic violence, in the manner
provided by Section 6300 of the Family Code, the juvenile court may
issue ex parte orders (1) enjoining any person from molesting,
attacking, striking, stalking, threatening, sexually assaulting,
battering, harassing, telephoning, including, but not limited to,
making annoying telephone calls as described in Section 653m of the
Penal Code, destroying the personal property, contacting, either
directly or indirectly, by mail or otherwise, coming within a
specified distance of, or disturbing the peace of the child or any
other child in the household; (2) excluding any person from the
dwelling of the person who has care, custody, and control of the
child; or (3) enjoining the child from contacting, threatening,
stalking, or disturbing the peace of any person the court finds to be
at risk from the conduct of the child, or with whom association
would be detrimental to the child. A court may also issue an ex parte
order enjoining any person from molesting, attacking, striking,
stalking, threatening, sexually assaulting, battering, harassing,
telephoning, including, but not limited to, making annoying telephone
calls as described in Section 635m of the Penal Code, destroying the
personal property, contacting, either directly or indirectly, by
mail or otherwise, coming within a specified distance of, or
disturbing the peace of any parent, legal guardian, or current
caretaker of the child, regardless of whether the child resides with
that parent, legal guardian, or current caretaker, upon application
in the manner provided by Section 527 of the Code of Civil Procedure
or, if related to domestic violence, in the manner provided by
Section 6300 of the Family Code. A court may also issue an ex parte
order enjoining any person from molesting, attacking, striking,
stalking, threatening, sexually assaulting, battering, harassing,
telephoning, including, but not limited to, making annoying telephone
calls as described in Section 635m of the Penal Code, destroying the
personal property, contacting, either directly or indirectly, by
mail or otherwise, coming within a specified distance of, or
disturbing the peace of the child's current or former probation
officer or court appointed special advocate, upon application in the
manner provided by Section 527 of the Code of Civil Procedure.
(c) If a temporary restraining order is granted without notice,
the matter shall be made returnable on an order requiring cause to be
shown why the order should not be granted, on the earliest day that
the business of the court will permit, but not later than 21 days or,
if good cause appears to the court, 25 days from the date the
temporary restraining order is granted. The court may, on the motion
of the person seeking the restraining order, or on its own motion,
shorten the time for service of the order to show cause on the person
to be restrained. The court may, upon its own motion or the filing
of a declaration by the person seeking the restraining order, find
that the person to be restrained could not be served within the time
required by law and reissue an order previously issued and dissolved
by the court for failure to serve the person to be restrained. The
reissued order shall remain in effect until the date set for the
hearing. The reissued order shall state on its face the date of
expiration of the order. Any hearing pursuant to this section may be
held simultaneously with any regularly scheduled hearings held in
proceedings to declare a child a dependent child or ward of the
juvenile court pursuant to Section 300, 601, or 602, or subsequent
hearings regarding the dependent child or ward.
(d) The juvenile court may issue, upon notice and a hearing, any
of the orders set forth in subdivisions (a), (b), and (c). Any
restraining order granted pursuant to this subdivision shall remain
in effect, in the discretion of the court, no more than three years,
unless otherwise terminated by the court, extended by mutual consent
of all parties to the restraining order, or extended by further order
of the court on the motion of any party to the restraining order.
(e) (1) The juvenile court may issue an order made pursuant to
subdivision (a), (b), or (d) excluding a person from a residence or
dwelling. This order may be issued for the time and on the conditions
that the court determines, regardless of which party holds legal or
equitable title or is the lessee of the residence or dwelling.
(2) The court may issue an order under paragraph (1) only on a
showing of all of the following:
(A) Facts sufficient for the court to ascertain that the party who
will stay in the dwelling has a right under color of law to
possession of the premises.
(B) That the party to be excluded has assaulted or threatens to
assault the other party or any other person under the care, custody,
and control of the other party, or any minor child of the parties or
of the other party.
(C) That physical or emotional harm would otherwise result to the
other party, to any person under the care, custody, and control of
the other party, or to any minor child of the parties or of the other
party.
(f) Any order issued pursuant to subdivision (a), (b), (c), or (d)
shall state on its face the date of expiration of the order.
(g) All data with respect to a juvenile court protective order, or
extension, modification, or termination thereof, granted pursuant to
subdivision (a), (b), (c), or (d), shall be transmitted by the court
or its designee, within one business day, to law enforcement
personnel by either one of the following methods:
(1) Transmitting a physical copy of the order to a local law
enforcement agency authorized by the Department of Justice to enter
orders into the California Law Enforcement Telecommunications System
(CLETS).
(2) With the approval of the Department of Justice, entering the
order into CLETS directly.
(h) Any willful and knowing violation of any order granted
pursuant to subdivision (a), (b), (c), or (d) shall be a misdemeanor
punishable under Section 273.65 of the Penal Code.
(i) A juvenile court restraining order related to domestic
violence issued by a court pursuant to this section shall be issued
on forms adopted by the Judicial Council of California and that have
been approved by the Department of Justice pursuant to subdivision
(i) of Section 6380 of the Family Code. However, the fact that an
order issued by a court pursuant to this section was not issued on
forms adopted by the Judicial Council and approved by the Department
of Justice shall not, in and of itself, make the order unenforceable.
(j) (1) Prior to a hearing on the issuance or denial of an order
under this part, a search shall be conducted as described in
subdivision (a) of Section 6306
