900. (a) If it is necessary that provision be made for the expense
of support and maintenance of a ward or dependent child of the
juvenile court or of a minor person concerning whom a petition has
been filed in accordance with the provisions of this chapter, the
order providing for the care and custody of such ward, dependent
child or other minor person shall direct that the whole expense of
support and maintenance of such ward, dependent child or other minor
person, up to the amount of twenty dollars ($20) per month be paid
from the county treasury and may direct that an amount up to any
maximum amount per month established by the board of supervisors of
the county be so paid. The board of supervisors of each county is
hereby authorized to establish, either generally or for individual
wards or dependent children or according to classes or groups of
wards or dependent children, a maximum amount which the court may
order the county to pay for such support and maintenance. All orders
made pursuant to the provisions of this section shall state the
amounts to be so paid from the county treasury, and such amounts
shall constitute legal charges against the county.
(b) This section is applicable to a minor who is the subject of a
program of supervision undertaken by the probation department
pursuant to Section 330 or 654 and who is temporarily placed out of
his home by the probation department, with the approval of the court
and the minor's parent or guardian, for a period not to exceed seven
days.
901. No order for payment shall be made in a sum in excess of the
actual cost of supporting and maintaining the ward, dependent child
or other minor person.
902. If it is found that the maximum amount established by the
board of supervisors of the county is insufficient to pay the whole
expense of support and maintenance of a ward, dependent child, or
other minor person, the court may order and direct that such
additional amount as is necessary shall be paid out of the earnings,
property, or estate of such ward, dependent child, or other minor
person, or by the parents or guardian of such ward, dependent child,
or other minor person, or by any other person liable for his support
and maintenance, to the county officers designated by the board of
supervisors who shall in turn pay it to the person, association, or
institution that, under court order, is caring for and maintaining
such ward, dependent child, or other minor person.
903. (a) The father, mother, spouse, or other person liable for the
support of a minor, the estate of that person, and the estate of the
minor, shall be liable for the reasonable costs of support of the
minor while the minor is placed, or detained in, or committed to, any
institution or other place pursuant to Section 625 or pursuant to an
order of the juvenile court. However, a county shall not levy
charges for the costs of support of a minor detained pursuant to
Section 625 unless, at the detention hearing, the juvenile court
determines that detention of the minor should be continued, the
petition for the offense for which the minor is detained is
subsequently sustained, or the minor agrees to a program of
supervision pursuant to Section 654. The liability of these persons
and estates shall be a joint and several liability.
(b) The county shall limit the charges it seeks to impose to the
reasonable costs of support of the minor and shall exclude any costs
of incarceration, treatment, or supervision for the protection of
society and the minor and the rehabilitation of the minor. In the
event that court-ordered child support paid to the county pursuant to
subdivision (a) exceeds the amount of the costs authorized by this
subdivision and subdivision (a), the county shall either hold the
excess in trust for the minor's future needs pursuant to Section
302.52 of Title 45 of the Code of Federal Regulations or, with the
approval of the minor's caseworker or probation officer, pay the
excess directly to the minor.
(c) It is the intent of the Legislature in enacting this
subdivision to protect the fiscal integrity of the county, to protect
persons against whom the county seeks to impose liability from
excessive charges, to ensure reasonable uniformity throughout the
state in the level of liability being imposed, and to ensure that
liability is imposed only on persons with the ability to pay. In
evaluating a family's financial ability to pay under this section,
the county shall take into consideration the family's income, the
necessary obligations of the family, and the number of persons
dependent upon this income. Except as provided in paragraphs (1),
(2), (3), and (4), "costs of support" as used in this section means
only actual costs incurred by the county for food and food
preparation, clothing, personal supplies, and medical expenses, not
to exceed a combined maximum cost of thirty dollars ($30) per day,
except that:
(1) The maximum cost of thirty dollars ($30) per day shall be
adjusted every third year beginning January 1, 2012, to reflect the
percentage change in the calendar year annual average of the
California Consumer Price Index, All Urban Consumers, published by
the Department of Industrial Relations, for the three-year period.
(2) No cost for medical expenses shall be imposed by the county
until the county has first exhausted any eligibility the minor may
have under private insurance coverage, standard or medically indigent
Medi-Cal coverage, and the Robert W. Crown California Children's
Services Act (Article 2 (commencing with Section 248) of Chapter 2 of
Part 1 of Division 1 of the Health and Safety Code).
(3) In calculating the cost of medical expenses, the county shall
not charge in excess of 100 percent of the AFDC fee-for-service
average Medi-Cal payment for that county for that fiscal year as
calculated by the State Department of Health Services; however, if a
minor has extraordinary medical or dental costs that are not met
under any of the coverages listed in paragraph (2), the county may
impose these additional costs.
(4) For those placements of a minor subject to this section in
which an AFDC-FC grant is made, the local child support agency shall,
subject to Sections 17550 and 17552 of the Family Code, seek an
order pursuant to Section 17400 of the Family Code and the statewide
child support guideline in effect in Article 2 (commencing with
Section 4050) of Chapter 2 of Part 2 of Division 9 of the Family
Code. For purposes of determining the correct amount of support of a
minor subject to this section, the rebuttable presumption set forth
in Section 4057 of the Family Code is applicable. This paragraph
shall be implemented consistent with subdivision (a) of Section 17415
of the Family Code.
(d) Notwithstanding subdivision (a), the father, mother, spouse,
or other person liable for the support of the minor, the estate of
that person, or the estate of the minor, shall not be liable for the
costs described in this section if a petition to declare the minor a
dependent child of the court pursuant to Section 300 is dismissed at
or before the jurisdictional hearing.
(e) Notwithstanding subdivision (a), the father, mother, spouse,
or other person liable for the support of a minor shall not be liable
for the costs of support of that minor while the minor is
temporarily placed or detained in any institution or other place
pursuant to Section 625 or is committed to any institution or other
place pursuant to an order of the juvenile court, if the minor is
placed or detained because he or she is found by a court to have
committed a crime against that person. Nothing in this subdivision
shall be construed to extinguish a child support obligation between
private parties.
903.1. (a) The father, mother, spouse, or other person liable for
the support of a minor, the estate of that person, and the estate of
the minor, shall be liable for the cost to the county or the court,
whichever entity incurred the expenses, of legal services rendered to
the minor by an attorney pursuant to an order of the juvenile court.
The father, mother, spouse, or other person liable for the support
of a minor and the estate of that person shall also be liable for any
cost to the county or the court of legal services rendered directly
to the father, mother, or spouse, of the minor or any other person
liable for the support of the minor, in a dependency proceeding by an
attorney appointed pursuant to an order of the juvenile court. The
liability of those persons (in this article called relatives) and
estates shall be a joint and several liability.
(b) Notwithstanding subdivision (a), the father, mother, spouse,
or other person liable for the support of the minor, the estate of
that person, or the estate of the minor, shall not be liable for the
costs of any of the legal services provided to any person described
in this section if a petition to declare the minor a dependent child
of the court pursuant to Section 300 is dismissed at or before the
jurisdictional hearing.
(c) Fees received pursuant to this section shall be transmitted to
the Administrative Office of the Courts in the same manner as
prescribed in Section 68085.1 of the Government Code. The
Administrative Office of the Courts shall deposit the fees received
pursuant to this section into the Trial Court Trust Fund.
903.15. (a) The parent of any minor, or other person who is liable
for the support of the minor, on whose behalf a petition is filed
pursuant to Section 601 or 602, when the minor is represented by
appointed counsel, shall be assessed a registration fee not to exceed
twenty-five dollars ($25) at the time the legal services are
provided. Notwithstanding this subdivision, no fee shall be required
of any parent or other person who is financially unable to pay the
fee.
(b) At the time of appointment of counsel by the court, or upon
commencement of representation by the public defender, if prior to
court appointment, the parent or other person who is liable for the
support of the minor shall be asked if he or she is financially able
to pay the registration fee or any portion thereof. If the parent or
other person indicates that he or she is able to pay the fee or a
portion thereof, the court or public defender shall make an
assessment in accordance with ability to pay. No fee shall be
assessed against any parent or other person who asserts that he or
she is unable to pay the fee or any portion thereof. No other inquiry
concerning the parent's or other person's ability to pay shall be
made until proceedings are held pursuant to Section 903.45.
(c) No minor shall be denied the assistance of appointed counsel
due solely to the failure of the parent or other person to pay the
registration fee. The registration fee shall be a joint and several
liability of the parent or other person who is liable for the support
of the minor. An order to pay the registration fee may be enforced
in the manner provided for enforcement of civil judgments generally,
but may not be enforced by contempt.
(d) The fact that a parent or other person who is liable for the
support of the minor has or has not been assessed a fee pursuant to
this section shall have no effect in any later proceedings held
pursuant to Section 903.1 or 903.45, except that the parent or other
person shall be given credit for any amounts paid as a registration
fee toward any assessment imposed pursuant to Section 903.1 or 903.45
for legal services.
(e) This section shall be operative in a county only upon the
adoption of a resolution or ordinance by the board of supervisors
electing to establish the registration fee and setting forth the
manner in which the funds shall be collected and distributed.
Collection procedures, accounting measures, and the distribution of
the funds received pursuant to this section shall be within the
discretion of the board of supervisors.
903.2. (a) The juvenile court may require that the father, mother,
spouse, or other person liable for the support of a minor, the estate
of that person, and the estate of the minor shall be liable for the
cost to the county of the probation supervision, home supervision, or
electronic surveillance of the minor, pursuant to the order of the
juvenile court, by the probation officer. The liability of these
persons (in this article called relatives) and estates shall be a
joint and several liability.
(b) Liability shall be imposed on a person pursuant to this
section only if he or she has the financial ability to pay. In
evaluating a family's financial ability to pay under this section,
the county shall take into consideration the family income, the
necessary obligations of the family, and the number of persons
dependent upon this income.
903.25. (a) In addition to the liability established by any other
provision of law, a parent or guardian of a minor who has been
delivered to the custody of the probation department, or who has been
placed into a children's receiving home, a foster care home or
facility, or securely detained in a juvenile facility operated by a
probation department, shall be liable for the reasonable costs of
food, shelter, and care of the minor while in the custody of the
probation department when all of the following circumstances are
applicable:
(1) The parent or guardian receives actual notice by telephone or
by written communication from the probation officer that the minor is
scheduled for release from custody and that the parent or guardian,
in person or through a responsible relative, is requested to take
delivery of the minor. 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 of the minor, in person or through a responsible relative,
at the place designated by the probation officer within 12 hours from
the time notice of release was received, or within 48 hours from the
time notice of release is received in any case where a petition to
declare the minor a dependent child of the court pursuant to Section
300 was dismissed at or before the jurisdictional hearing.
(3) The parent states a refusal to take delivery of the minor or
fails to make a reasonable effort to take delivery of the minor, in
person or through a responsible relative, within 12 hours from the
time of actual receipt of the notice, or within 48 hours from the
time of actual receipt of the notice in any case where a petition to
declare the minor a dependent child of the court pursuant to Section
300 was dismissed at or before the jurisdictional hearing.
(b) The liability established by this section, when combined with
any 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, or beginning 48 hours after notice of
release was actually received in any case where a petition to declare
the minor a dependent child of the court pursuant to Section 300 was
dismissed at or before the jurisdictional hearing, in which a
notified parent or guardian has failed to make a reasonable effort to
take delivery of the minor, in person or through a responsible
relative, in accordance with the request and instructions of the
probation officer.
(c) 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 the provisions of Section
903.45. Any parent, guardian, or other person who is assessed under
this section shall also be entitled, upon petition, to a hearing and
determination by the juvenile court on the issues of liability and
ability to pay.
903.3. (a) The father, mother, spouse, or other person liable for
the support of a minor person, the person himself or herself if he or
she is an adult, or the estates of those persons shall, unless
indigent, be liable for the cost to the county and court for any
investigation related to the sealing and for the sealing of any
juvenile court or arrest records pursuant to Section 781 pertaining
to that person. The liability of those persons and estates shall be a
joint and several liability.
(b) In the event a petition is filed for an order sealing a
record, the father, mother, spouse, or other person liable for the
support of a minor, that person if he or she is an adult, or the
estate of that person, may be required to reimburse the county and
court for the actual cost of services rendered, whether or not the
petition is granted and the records are sealed or expunged, at a rate
to be determined by the county board of supervisors for the county
and by the court for the court, not to exceed one hundred fifty
dollars ($150). Ability to make this reimbursement shall be
determined by the court using the standards set forth in paragraph
(2) of subdivision (g) of Section 987.8 and shall not be a
prerequisite to a person's eligibility under this section. The court
may order reimbursement in any case in which the petitioner appears
to have the ability to pay, without undue hardship, all or any
portion of the cost for services.
(c) Notwithstanding subdivision (a), the father, mother, spouse,
or other person liable for the support of the minor, the person
himself or herself if he or she is an adult, the estate of that
person, or the estate of the minor, shall not be liable for the costs
described in this section if a petition to declare the minor a
dependent child of the court pursuant to Section 300 is dismissed at
or before the jurisdictional hearing.
(d) Any determination of amount made by a court under this section
shall be valid only if either (1) made under procedures adopted by
the Judicial Council or (2) approved by the Judicial Council.
903.4. (a) The Legislature finds that even though Section 903
establishes parental liability for the cost of the care, support, and
maintenance of a child in a county institution or other place in
which the child is placed, detained, or committed pursuant to an
order of the juvenile court, the collection of child support for
juveniles who have been placed in out-of-home care as dependents or
wards of the juvenile court under Sections 300, 601, and 602 has not
been pursued routinely and effectively.
It is the purpose of this section to substantially increase income
to the state and to counties through court-ordered parental
reimbursement for the support of juveniles who are in out-of-home
placement. In this regard, the Legislature finds that the costs of
collection will be offset by the additional income derived from the
increased effectiveness of the parental support program.
(b) In any case in which a child is or has been declared a
dependent child or a ward of the court pursuant to a Section 300,
601, or 602, the juvenile court shall order any agency which has
expended moneys or incurred costs on behalf of the child pursuant to
a detention or placement order of the juvenile court, to submit to
the local child support agency, within 30 days, in the form of a
declaration, a statement of its costs and expenses for the benefit,
support, and maintenance of the child.
(c) (1) The local child support agency may petition the superior
court to issue an order to show cause why an order should not be
entered for continuing support and reimbursement of the costs of the
support of any minor described in Section 903.
Any order entered as a result of the order to show cause shall be
enforceable in the same manner as any other support order entered by
the courts of this state at the time it becomes due and payable.
In any case in which the local child support agency has received a
declaration of costs or expenses from any agency, the declaration
shall be deemed an application for assistance pursuant to Section
17400 of the Family Code.
(2) The order to show cause shall inform the parent of all of the
following facts:
(A) He or she has been sued.
(B) If he or she wishes to seek the advice of an attorney in this
matter, it should be done promptly so that his or her financial
declaration and written response, if any, will be filed on time.
(C) He or she has a right to appear personally and present
evidence in his or her behalf.
(D) His or her failure to appear at the order to show cause
hearing, personally or through his or her attorney, may result in an
order being entered against him or her for the relief requested in
the petition.
(E) Any order entered could result in the garnishment of wages,
taking of money or property to enforce the order, or being held in
contempt of court.
(F) Any party has a right to request a modification of any order
issued by the superior court in the event of a change in
circumstances.
(3) Any existing support order shall remain in full force and
effect unless the superior court modifies that order pursuant to
subdivision (f).
(4) The local child support agency shall not be required to
petition the court for an order for continuing support and
reimbursement if, in the opinion of the local child support agency,
it would not be appropriate to secure such an order. The local child
support agency shall not be required to continue collection efforts
for any order if, in the opinion of the local child support agency,
it would not be appropriate or cost effective to enforce the order.
(d) (1) In any case in which an order to show cause has been
issued and served upon a parent for continuing support and
reimbursement of costs, a completed income and expense declaration
shall be filed with the court by the parent; a copy of it shall be
delivered to the local child support agency at least five days prior
to the hearing on the order to show cause.
(2) Any person authorized by law to receive a parent's financial
declaration or information obtained therefrom, who knowingly
furnishes the declaration or information to a person not authorized
by law to receive it, is guilty of a misdemeanor.
(e) If a parent has been personally served with the order to show
cause and no appearance is made by the parent, or an attorney in his
or her behalf, at the hearing on the order to show cause, the court
may enter an order for the principal amount and continuing support in
the amount demanded in the petition.
If the parent appears at the hearing on the order to show cause,
the court may enter an order for the amount the court determines the
parent is financially able to pay.
(f) The court shall have continuing jurisdiction to modify any
order for continuing support entered pursuant to this section.
(g) As used in this section, "parent" includes any person
specified in Section 903, the estate of any such person, and the
estate of the minor person.
(h) The local child support agency may contract with another
county agency for the performance of any of the duties required by
this section.
903.41. (a) It is the intention of the Legislature that the family
law departments and juvenile departments of each superior court
coordinate determinations of parentage and the setting of support to
ensure that the State of California remains in compliance with
federal regulations for child support guidelines. The Legislature
therefore enacts this section for the purpose of ensuring a document
exchange between the family law departments and juvenile departments
of each superior court as necessary to administer the public social
services administered or supervised by the State Department of Social
Services.
(b) If the issue of paternity is raised during any hearings
pursuant to Section 300, 601, or 602, the court clerk shall notify
the local child support agency for an inquiry concerning any superior
court order or judgment which addresses the issue.
(1) If the local child support agency determines that a judgment
for parentage already exists, the local child support agency shall
obtain and forward certified copies of the judgment to the juvenile
court and the court shall take judicial notice thereof.
(2) If the local child support agency determines that the issue of
parentage has not been determined, the juvenile court may determine
the issue of parentage and, if it does so, shall give notice to the
local child support agency.
(c) If the court establishes paternity of a minor child, the court
clerk shall forward the order on a form to be adopted by the
Judicial Council to the local child support agency.
(d) If a child is receiving public assistance under the CalWORKs
program, or if it appears to the court that the child may receive
assistance under CalWORKs, the court shall direct the clerk of the
court to advise the local child support agency.
(e) The court shall advise the parent of the minor of the
possibility that the local child support agency may file an action
for support if the child receives CalWORKs, pursuant to Section 17402
of the Family Code.
903.45. (a) The board of supervisors may designate a county
financial evaluation officer pursuant to Section 27750 of the
Government Code to make financial evaluations of liability for
reimbursement pursuant to Sections 207.2, 903, 903.1, 903.2, 903.25,
903.3, and 903.5, and other reimbursable costs allowed by law, as set
forth in this section.
(b) In any county where a board of supervisors has designated a
county financial evaluation officer, the juvenile court shall, at the
close of the disposition hearing, order any person liable for the
cost of support, pursuant to Section 903, the cost of legal services
as provided for in Section 903.1, probation costs as provided for in
Section 903.2, or any other reimbursable costs allowed under this
code, to appear before the county financial evaluation officer for a
financial evaluation of his or her ability to pay those costs; and if
the responsible person is not present at the disposition hearing,
the court shall cite him or her to appear for such a financial
evaluation. In the case of a parent, guardian, or other person
assessed for the costs of transport, food, shelter, or care of a
minor under Section 207.2 or 903.25, the juvenile court shall, upon
request of the county probation department, order the appearance of
the parent, guardian, or other person before the county financial
evaluation officer for a financial evaluation of his or her ability
to pay the costs assessed.
If the county financial evaluation officer determines that a
person so responsible has the ability to pay all or part of the
costs, the county financial evaluation officer shall petition the
court for an order requiring the person to pay that sum to the county
or court, depending on which entity incurred the expense. If the
parent or guardian is liable for costs for legal services pursuant to
Section 903.1, the parent or guardian has been reunified with the
child pursuant to a court order, and the county financial evaluation
officer determines that repayment of the costs would harm the ability
of the parent or guardian to support the child, then the county
financial evaluation officer shall not petition the court for an
order of repayment, and the court shall not make that order. In
addition, if the parent or guardian is currently receiving
reunification services, and the court finds that repayment by the
parent or guardian will pose a barrier to reunification with the
child because it will limit the ability of the parent or guardian to
comply with the requirements of the reunification plan or compromise
the parent's or guardian's current or future ability to meet the
financial needs of the child, or in any case in which the court finds
that the repayment would be unjust under the circumstances of the
case, the court shall not order repayment by the parent or guardian.
In evaluating a person's ability to pay under this section, the
county financial evaluation officer and the court shall take into
consideration the family's income, the necessary obligations of the
family, and the number of persons dependent upon this income. Any
person appearing for a financial evaluation shall have the right to
dispute the county financial evaluation officer's determination, in
which case he or she shall be entitled to a hearing before the
juvenile court. The county financial evaluation officer at the time
of the financial evaluation shall advise such a person of his or her
right to a hearing and of his or her rights pursuant to subdivision
(c).
At the hearing, any person so responsible for costs shall be
entitled to have, but shall not be limited to, the opportunity to be
heard in person, to present witnesses and other documentary evidence,
to confront and cross-examine adverse witnesses, to disclosure of
the evidence against him or her, and to receive a written statement
of the findings of the court. The person shall have the right to be
represented by counsel, and, when the person is unable to afford
counsel, the right to appointed counsel. If the court determines that
the person has the ability to pay all or part of the costs,
including the costs of any counsel appointed to represent the person
at the hearing, the court shall set the amount to be reimbursed and
order him or her to pay that sum to the county or court, depending on
which entity incurred the expense, in a manner in which the court
believes reasonable and compatible with the person's financial
ability.
If the person or persons, after having been ordered to appear
before the county financial evaluation officer, have been given
proper notice and fail to appear as ordered, the county financial
evaluation officer shall recommend to the court that he, she, or they
be ordered to pay the full amount of the costs. Proper notice to
him, her, or them shall contain all of the following:
(1) That he, she, or they have a right to a statement of the costs
as soon as it is available.
(2) His, her, or their procedural rights under Section 27755 of
the Government Code.
(3) The time limit within which his, her, or their appearance is
required.
(4) A warning that if he, she, or they fail to appear before the
county financial evaluation officer, the officer will recommend that
the court order him, her, or them to pay the costs in full.
If the county financial evaluation officer determines that the
person or persons have the ability to pay all or a portion of these
costs, with or without terms, and he, she, or they concur in this
determination and agree to the terms of payments, the county
financial evaluation officer, upon his or her written evaluation and
the person's or persons' written agreement, shall petition the court
for an order requiring him, her, or them to pay that sum to the
county or the court in a manner which is reasonable and compatible
with his, her, or their financial ability. This order may be granted
without further notice to the person or persons, provided a copy of
the order is served on him, her, or them by mail.
However, if the county financial evaluation officer cannot reach
an agreement with the person or persons with respect to either the
liability for the costs, the amount of the costs, his, her, or their
ability to pay the same, or the terms of payment, the matter shall be
deemed in dispute and referred by the county financial evaluation
officer back to the court for a hearing.
(c) At any time prior to the satisfaction of a judgment entered
pursuant to this section, a person against whom the judgment was
entered may petition the rendering court to modify or vacate the
judgment on the basis of a change in circumstances relating to his or
her ability to pay the judgment.
(d) Execution may be issued on the order in the same manner as on
a judgment in a civil action, including any balance remaining unpaid
at the termination of the court's jurisdiction over the minor.
903.47. (a) The Judicial Council shall establish a program to
collect reimbursements from the person liable for the costs of
counsel appointed to represent parents or minors pursuant to Section
903.1 in dependency proceedings.
(1) As part of the program, the Judicial Council shall:
(A) Adopt a statewide standard for determining the ability to pay
reimbursements for counsel, which shall at a minimum include the
family's income, their necessary obligations, the number of
individuals dependent on this income, and the cost-effectiveness of
the program.
(B) Adopt policies and procedures allowing a court to recover from
the money collected the costs associated with collecting delinquent
reimbursements. The policies and procedures shall at a minimum limit
the amount of money a court may recover to a reasonable proportion of
the delinquent reimbursements collected and provide the terms and
conditions under which a court may use a third party to collect
delinquent reimbursements.
(2) The money collected shall be deposited as required by Section
68085.1 of the Government Code. Except as otherwise authorized by
law, the money collected under this program shall be utilized to
reduce caseloads, for attorneys appointed by the court, to the
caseload standard approved by the Judicial Council. Priority shall be
given to those courts with the highest attorney caseloads that also
demonstrate the ability to immediately improve outcomes for parents
and children as a result of lower attorney caseloads.
(b) The court may do either of the following:
(1) Designate a court financial evaluation officer to make
financial evaluations of liability for reimbursement pursuant to
Section 903.1.
(2) With the consent of the county and pursuant to the terms and
conditions agreed upon by the court and county, designate a county
financial evaluation officer to make financial evaluations of
liability for reimbursement pursuant to Section 903.1.
(c) In handling reimbursement of payments pursuant to Section
903.1, the court financial evaluation officer and the county
financial evaluation officer shall follow the procedures set forth
for county financial evaluation officers in subdivisions (b), (c),
and (d) of Section 903.45.
903.5. In addition to the requirements of Section 903.4, and
notwithstanding any other provision of law, the parent or other
person legally liable for the support of a minor, who voluntarily
places the minor in 24-hour out-of-home care, shall be liable for the
cost of the minor's care, support, and maintenance when the minor
receives Aid to Families with Dependent Children-Foster Care
(AFDC-FC), Supplemental Security Income-State Supplementary Program
(SSI-SSP), or county-only funds. As used in this section, "parent"
includes any person specified in Section 903. Whenever the county
welfare department or the placing agency determines that a court
order would be advisable and effective, the department or the agency
shall notify the local child support agency, or the financial
evaluation officer designated pursuant to Section 903.45, who shall
proceed pursuant to Section 903.4 or 903.45.
903.6. Funds collected pursuant to Sections 903, 903.4, and 903.5
shall be distributed in the following manner:
(a) If the program through which the minor is placed is a
county-funded program, the county shall retain 100 percent of the
funds collected. For the purposes of this subdivision, programs
funded in whole or part with county justices system subvention
program funds shall be considered to be 100 percent county funded.
(b) If the program through which the minor is placed is funded
partially with state or federal funds, the amounts collected shall be
distributed by the State Department of Social Services pursuant to
Section 11457 and incentives shall be paid pursuant to Sections
15200.1, 15200.2, and 15200.3.
903.7. (a) There is in the State Treasury the Foster Children and
Parent Training Fund. The moneys contained in the fund shall be used
exclusively for the purposes set forth in this section.
(b) For each fiscal year beginning with the 1981-82 fiscal year,
except as provided in Sections 15200.1, 15200.2, 15200.3, 15200.8,
and 15200.81, and Section 17704 of the Family Code, the Department of
Child Support Services shall determine the amount equivalent to the
net state share of foster care collections attributable to the
enforcement of parental fiscal liability pursuant to Sections 903,
903.4, and 903.5. On July 1, 1982, and every three months thereafter,
the department shall notify the Chancellor of the Community
Colleges, the Department of Finance, and the Superintendent of Public
Instruction of the above-specified amount. The Department of Child
Support Services shall authorize the quarterly transfer of any
portion of this amount for any particular fiscal year exceeding three
million seven hundred fifty thousand dollars ($3,750,000) of the net
state share of foster care collections to the Treasurer for deposit
in the Foster Children and Parent Training Fund, except that,
commencing with the 2002-03 fiscal year, a total of not more than
three million dollars ($3,000,000) may be transferred to the fund in
any fiscal year.
(c) (1) If sufficient moneys are available in the Foster Children
and Parent Training Fund, up to three million dollars ($3,000,000)
shall be allocated for the support of foster parent training programs
conducted in community colleges. The maximum amount authorized to be
allocated pursuant to this subdivision shall be adjusted annually by
a cost-of-living increase each year based on the percentage given to
discretionary education programs. Funds for the training program
shall be provided in a separate budget item in that portion of the
Budget Act pertaining to the Chancellor of the California Community
Colleges, to be deposited in a separate bank account by the
Chancellor of the California Community Colleges.
(2) The chancellor shall use these funds exclusively for foster
parent training, as specified by the chancellor in consultation with
the California State Foster Parents Association and the State
Department of Social Services.
(3) The plans for each foster parent training program shall
include the provision of training to facilitate the development of
foster family homes and small family homes to care for no more than
six children who have special mental, emotional, developmental, or
physical needs.
(4) The State Department of Social Services shall facilitate the
participation of county welfare departments in the foster parent
training program. The California State Foster Parents Association, or
the local chapters thereof, and the State Department of Social
Services shall identify training participants and shall advise the
chancellor on the form, content, and methodology of the training
program. Funds shall be paid monthly to the foster parent training
program until the maximum amount of funds authorized to be expended
for that program is expended. No more than 10 percent or seventy-five
thousand dollars ($75,000) of these moneys, whichever is greater,
shall be used for administrative purposes; of the 10 percent or
seventy-five thousand dollars ($75,000), no more than ten thousand
dollars ($10,000) shall be expended to reimburse the State Department
of Social Services for its services pursuant to this paragraph.
(d) Beginning with the 1983-84 fiscal year, and each fiscal year
thereafter, after all allocations for foster parent training in
community colleges have been made, any moneys remaining in the Foster
Children and Parent Training Fund may be allocated for foster
children services programs pursuant to Chapter 11.3 (commencing with
Section 42920) of Part 24 of the Education Code.
(e) (1) The Controller shall transfer moneys from the Foster
Children and Parent Training Fund to the Chancellor of the California
Community Colleges and the Superintendent of Public Instruction as
necessary to fulfill the requirements of subdivisions (c) and (d).
(2) After the maximum amount authorized in any fiscal year has
been transferred to the Chancellor of the California Community
Colleges and the Superintendent of Public Instruction, the Controller
shall transfer any remaining funds to the General Fund for
expenditure for any public purpose.
(f) This section shall be operative until June 30, 2005, and
thereafter is operative only if specified in the annual Budget Act or
in another statute.
903.8. (a) Beginning January 1, 1994, the State Department of
Social Services shall develop and implement an enhanced statewide
basic foster parent training program. It is the intent of the
Legislature to fund this program by allocating unexpended child
welfare services funds from the 1992-93 fiscal year to support a two
and one-half year training curricula development.
(b) During this two and one-half year period, the State Department
of Social Services shall do all of the following, in cooperation
with foster parents and representatives from county placement
agencies and other foster care providers:
(1) Complete a comprehensive survey of existing foster parent
training curricula and resources, evaluate the existing foster parent
training delivery system and explore alternative delivery models,
complete a needs assessment of foster parents, and develop and
implement a statewide core curriculum.
(2) Develop and implement curricula for, teenage pregnancy
prevention and other special needs topics, as identified in the needs
assessment, to supplement the core curriculum. The teenage pregnancy
prevention topics shall be based upon public health fact-based
materials and programs. Curricula for teenage pregnancy prevention
shall emphasize that abstinence from sexual intercourse is the only
protection that is 100 percent effective against unwanted teenage
pregnancy, sexually transmitted diseases, and acquired immune
deficiency syndrome (AIDS) when transmitted sexually, and that all
other methods of contraception carry a risk of failure in preventing
unwanted teenage pregnancy. The curricula shall:
(A) Include statistics based on the latest medical information
citing the failure and success rates of condoms and other
contraceptives in preventing pregnancy.
(B) Stress that sexually transmitted diseases are serious possible
hazards of sexual intercourse, and shall include statistics based on
the latest medical information citing the failure and success rates
of condoms in preventing AIDS and other sexually transmitted
diseases.
(C) Include a discussion of the possible emotional and
psychological consequences of preadolescent and adolescent sexual
intercourse outside of marriage and the consequences of unwanted
adolescent pregnancy.
(3) Evaluate the current foster parent training funding formula
and explore funding alternatives to ensure that a permanent and
adequate funding source is available.
(4) Evaluate current recruitment strategies and facilitate the
expansion of recruitment activities, especially targeting minority
families for the promotion of the placement of minority youth with
trained and culturally competent families of the same ethnicity and
cultural background.
(5) In its foster parent recruitment and training effort, place
special emphasis on the recruitment of prospective foster parents
willing to accept sibling placements and the training of foster
parents to ensure they are able and ready to care for a sibling
group.
(c) It is not the intent of the Legislature and nothing in this
section shall be construed as requiring foster parents to participate
in this training program in whole or in part.
904. The monthly or daily charge, not to exceed cost, for care,
support, and maintenance of minor persons placed or detained in or
committed to any institution by order of a juvenile court, the cost
of delinquency-related legal services referred to by Section 903.1,
the cost of probation supervision referred to by Section 903.2, and
the cost of sealing records in county or local agency custody
referred to by Section 903.3 shall be determined by the board of
supervisors. The cost of dependency-related legal services referred
to by Section 903.1 and the cost of sealing records in court custody
referred to by Section 903.3 shall be determined by the court. Any
determination made by a court under this section shall be valid only
if either (1) made under procedures adopted by the Judicial Council
or (2) approved by the Judicial Council.
911. No order for payment from the county treasury of the expense
of support and maintenance of a ward or dependent child of the
juvenile court shall be effective for more than 12 months, and no
order for payment from the county treasury of the expense of support
and maintenance of a minor person concerning whom a verified petition
has been filed in accordance with the provision of this chapter,
other than a ward or dependent child of the court, shall be effective
for more than one month. Upon all hearings of the case of any ward
or dependent child of the juvenile court, the case shall be continued
on the calendar, but in no instance to exceed 12 months.
When any ward of the juvenile court is, with the consent of the
juvenile court of the county committing him and the officer in charge
of the state school to which he was committed or in which he is
confined, placed in a boarding home, foster home, or work home, but
continues to be under the supervision of such state school, the
county may reimburse the boarding home, foster home, or work home in
an amount adequate for the maintenance of the ward, but not to exceed
twenty-five dollars ($25) per month.
912. Effective July 1, 2003, for each person committed to the
Department of the Youth Authority, the county from which he or she is
committed shall pay the state one hundred seventy-six dollars ($176)
per month for the time that person remains in any institution under
the direct supervision of the Department of the Youth Authority, or
in any institution, boarding home, foster home, or other private or
public institution in which he or she is placed by the Department of
the Youth Authority, on parole or otherwise, and cared for and
supported at the expense of the Department of the Youth Authority.
This section applies to any person committed to the Department of the
Youth Authority by a juvenile court, including persons committed to
the Department of the Youth Authority prior to July 1, 2003, who on
or after July 1, 2003, remain in or return to the facilities
described in this section.
The Department of the Youth Authority shall present to the county,
not more frequently than monthly, a claim for the amount due the
state under this section, which the county shall process and pay
pursuant to Chapter 4 (commencing with Section 29700) of Division 3
of Title 3 of the Government Code.
912.1. (a) The Department of the Youth Authority shall present to
each county, not more frequently than monthly, a statement of per
capita institutional cost.
(b) As of July 1, 2003, "per capita institutional cost," as used
in this section and Section 912.5, means thirty-six thousand five
hundred four dollars ($36,504).
(c) The "per capita institutional cost" set forth in subdivision
(b) shall be adjusted annually, on July 1, to reflect any increases
in the California Consumer Price Index for All Urban Consumers, as
published by the California Department of Industrial Relations, based
on regional data from the United States Department of Labor, Bureau
of Labor Statistics.
912.5. (a) For each person committed to the Department of the Youth
Authority by a juvenile court on or after January 1, 1997, the
county from which he or she is committed shall pay the state the
following rate:
(1) If the offense on which the commitment is based is listed in
Section 4955 of Title 15 of the California Code of Regulations, the
rate is 50 percent of the per capita institutional cost of the
Department of the Youth Authority.
(2) If the offense on which the commitment is based is listed in
Section 4956 of Title 15 of the California Code of Regulations, the
rate is 75 percent of the per capita institutional cost of the
Department of the Youth Authority.
(3) If the offense on which the commitment is based is listed in
Section 4957 of Title 15 of the California Code of Regulations, the
rate is 100 percent of the per capita institutional cost of the
Department of the Youth Authority.
(b) For purposes of this section, "the offense on which the
commitment is based" means any offense that has been sustained by the
juvenile court and that is included in the determination of the
maximum term of imprisonment by the juvenile court pursuant to
Section 731.
(c) For purposes of this section, the charge against the county
shall not apply to periods of confinement that are solely pursuant to
a revocation of parole by the Youthful Offender Parole Board.
(d) The charge against the county prescribed by this section shall
be in lieu of the charge prescribed by Section 912 and not in
addition to that charge.
(e) The Department of the Youth Authority shall present to the
county, not more frequently than monthly, a claim for the amount due
the state under this section, which the county shall process and pay
pursuant to the provisions of Chapter 4 (commencing with Section
29700) of Division 3 of Title 3 of the Government Code.
(f) The Department of the Youth Authority shall adopt emergency
regulations for implementation of this section.
913. When any person has been adjudged to be a ward or dependent
child of the juvenile court, and the court has made an order
committing such person to the care of any association, society, or
corporation, embracing within its objects the purpose of caring for
or obtaining homes for such persons, the county in which such person
has been committed may contract with such custodian, for the
supervision, investigation, and rehabilitation of such person by such
custodian, and may, pursuant to such contract, pay to it an amount
determined by mutual agreement, not to exceed the cost to such
custodian of such service.
914. As used in this article, "expense for support and maintenance"
includes the reasonable value of any medical services furnished to
the ward or dependent child at the county hospital or at any other
county institution, or at any private hospital or by any private
physician with the approval of the juvenile court of the county
concerned, and the reasonable value of the support of the ward or
dependent child at any juvenile hall established pursuant to the
provisions of Article 23 (commencing with Section 850) of this
chapter or the reasonable value of the ward's support at any forestry
camp, juvenile home, ranch, or camp established within or without
the county pursuant to the provisions of Article 24 (commencing with
Section 880) of this chapter.
900. (a) If it is necessary that provision be made for the expense
of support and maintenance of a ward or dependent child of the
juvenile court or of a minor person concerning whom a petition has
been filed in accordance with the provisions of this chapter, the
order providing for the care and custody of such ward, dependent
child or other minor person shall direct that the whole expense of
support and maintenance of such ward, dependent child or other minor
person, up to the amount of twenty dollars ($20) per month be paid
from the county treasury and may direct that an amount up to any
maximum amount per month established by the board of supervisors of
the county be so paid. The board of supervisors of each county is
hereby authorized to establish, either generally or for individual
wards or dependent children or according to classes or groups of
wards or dependent children, a maximum amount which the court may
order the county to pay for such support and maintenance. All orders
made pursuant to the provisions of this section shall state the
amounts to be so paid from the county treasury, and such amounts
shall constitute legal charges against the county.
(b) This section is applicable to a minor who is the subject of a
program of supervision undertaken by the probation department
pursuant to Section 330 or 654 and who is temporarily placed out of
his home by the probation department, with the approval of the court
and the minor's parent or guardian, for a period not to exceed seven
days.
901. No order for payment shall be made in a sum in excess of the
actual cost of supporting and maintaining the ward, dependent child
or other minor person.
902. If it is found that the maximum amount established by the
board of supervisors of the county is insufficient to pay the whole
expense of support and maintenance of a ward, dependent child, or
other minor person, the court may order and direct that such
additional amount as is necessary shall be paid out of the earnings,
property, or estate of such ward, dependent child, or other minor
person, or by the parents or guardian of such ward, dependent child,
or other minor person, or by any other person liable for his support
and maintenance, to the county officers designated by the board of
supervisors who shall in turn pay it to the person, association, or
institution that, under court order, is caring for and maintaining
such ward, dependent child, or other minor person.
903. (a) The father, mother, spouse, or other person liable for the
support of a minor, the estate of that person, and the estate of the
minor, shall be liable for the reasonable costs of support of the
minor while the minor is placed, or detained in, or committed to, any
institution or other place pursuant to Section 625 or pursuant to an
order of the juvenile court. However, a county shall not levy
charges for the costs of support of a minor detained pursuant to
Section 625 unless, at the detention hearing, the juvenile court
determines that detention of the minor should be continued, the
petition for the offense for which the minor is detained is
subsequently sustained, or the minor agrees to a program of
supervision pursuant to Section 654. The liability of these persons
and estates shall be a joint and several liability.
(b) The county shall limit the charges it seeks to impose to the
reasonable costs of support of the minor and shall exclude any costs
of incarceration, treatment, or supervision for the protection of
society and the minor and the rehabilitation of the minor. In the
event that court-ordered child support paid to the county pursuant to
subdivision (a) exceeds the amount of the costs authorized by this
subdivision and subdivision (a), the county shall either hold the
excess in trust for the minor's future needs pursuant to Section
302.52 of Title 45 of the Code of Federal Regulations or, with the
approval of the minor's caseworker or probation officer, pay the
excess directly to the minor.
(c) It is the intent of the Legislature in enacting this
subdivision to protect the fiscal integrity of the county, to protect
persons against whom the county seeks to impose liability from
excessive charges, to ensure reasonable uniformity throughout the
state in the level of liability being imposed, and to ensure that
liability is imposed only on persons with the ability to pay. In
evaluating a family's financial ability to pay under this section,
the county shall take into consideration the family's income, the
necessary obligations of the family, and the number of persons
dependent upon this income. Except as provided in paragraphs (1),
(2), (3), and (4), "costs of support" as used in this section means
only actual costs incurred by the county for food and food
preparation, clothing, personal supplies, and medical expenses, not
to exceed a combined maximum cost of thirty dollars ($30) per day,
except that:
(1) The maximum cost of thirty dollars ($30) per day shall be
adjusted every third year beginning January 1, 2012, to reflect the
percentage change in the calendar year annual average of the
California Consumer Price Index, All Urban Consumers, published by
the Department of Industrial Relations, for the three-year period.
(2) No cost for medical expenses shall be imposed by the county
until the county has first exhausted any eligibility the minor may
have under private insurance coverage, standard or medically indigent
Medi-Cal coverage, and the Robert W. Crown California Children's
Services Act (Article 2 (commencing with Section 248) of Chapter 2 of
Part 1 of Division 1 of the Health and Safety Code).
(3) In calculating the cost of medical expenses, the county shall
not charge in excess of 100 percent of the AFDC fee-for-service
average Medi-Cal payment for that county for that fiscal year as
calculated by the State Department of Health Services; however, if a
minor has extraordinary medical or dental costs that are not met
under any of the coverages listed in paragraph (2), the county may
impose these additional costs.
(4) For those placements of a minor subject to this section in
which an AFDC-FC grant is made, the local child support agency shall,
subject to Sections 17550 and 17552 of the Family Code, seek an
order pursuant to Section 17400 of the Family Code and the statewide
child support guideline in effect in Article 2 (commencing with
Section 4050) of Chapter 2 of Part 2 of Division 9 of the Family
Code. For purposes of determining the correct amount of support of a
minor subject to this section, the rebuttable presumption set forth
in Section 4057 of the Family Code is applicable. This paragraph
shall be implemented consistent with subdivision (a) of Section 17415
of the Family Code.
(d) Notwithstanding subdivision (a), the father, mother, spouse,
or other person liable for the support of the minor, the estate of
that person, or the estate of the minor, shall not be liable for the
costs described in this section if a petition to declare the minor a
dependent child of the court pursuant to Section 300 is dismissed at
or before the jurisdictional hearing.
(e) Notwithstanding subdivision (a), the father, mother, spouse,
or other person liable for the support of a minor shall not be liable
for the costs of support of that minor while the minor is
temporarily placed or detained in any institution or other place
pursuant to Section 625 or is committed to any institution or other
place pursuant to an order of the juvenile court, if the minor is
placed or detained because he or she is found by a court to have
committed a crime against that person. Nothing in this subdivision
shall be construed to extinguish a child support obligation between
private parties.
903.1. (a) The father, mother, spouse, or other person liable for
the support of a minor, the estate of that person, and the estate of
the minor, shall be liable for the cost to the county or the court,
whichever entity incurred the expenses, of legal services rendered to
the minor by an attorney pursuant to an order of the juvenile court.
The father, mother, spouse, or other person liable for the support
of a minor and the estate of that person shall also be liable for any
cost to the county or the court of legal services rendered directly
to the father, mother, or spouse, of the minor or any other person
liable for the support of the minor, in a dependency proceeding by an
attorney appointed pursuant to an order of the juvenile court. The
liability of those persons (in this article called relatives) and
estates shall be a joint and several liability.
(b) Notwithstanding subdivision (a), the father, mother, spouse,
or other person liable for the support of the minor, the estate of
that person, or the estate of the minor, shall not be liable for the
costs of any of the legal services provided to any person described
in this section if a petition to declare the minor a dependent child
of the court pursuant to Section 300 is dismissed at or before the
jurisdictional hearing.
(c) Fees received pursuant to this section shall be transmitted to
the Administrative Office of the Courts in the same manner as
prescribed in Section 68085.1 of the Government Code. The
Administrative Office of the Courts shall deposit the fees received
pursuant to this section into the Trial Court Trust Fund.
903.15. (a) The parent of any minor, or other person who is liable
for the support of the minor, on whose behalf a petition is filed
pursuant to Section 601 or 602, when the minor is represented by
appointed counsel, shall be assessed a registration fee not to exceed
twenty-five dollars ($25) at the time the legal services are
provided. Notwithstanding this subdivision, no fee shall be required
of any parent or other person who is financially unable to pay the
fee.
(b) At the time of appointment of counsel by the court, or upon
commencement of representation by the public defender, if prior to
court appointment, the parent or other person who is liable for the
support of the minor shall be asked if he or she is financially able
to pay the registration fee or any portion thereof. If the parent or
other person indicates that he or she is able to pay the fee or a
portion thereof, the court or public defender shall make an
assessment in accordance with ability to pay. No fee shall be
assessed against any parent or other person who asserts that he or
she is unable to pay the fee or any portion thereof. No other inquiry
concerning the parent's or other person's ability to pay shall be
made until proceedings are held pursuant to Section 903.45.
(c) No minor shall be denied the assistance of appointed counsel
due solely to the failure of the parent or other person to pay the
registration fee. The registration fee shall be a joint and several
liability of the parent or other person who is liable for the support
of the minor. An order to pay the registration fee may be enforced
in the manner provided for enforcement of civil judgments generally,
but may not be enforced by contempt.
(d) The fact that a parent or other person who is liable for the
support of the minor has or has not been assessed a fee pursuant to
this section shall have no effect in any later proceedings held
pursuant to Section 903.1 or 903.45, except that the parent or other
person shall be given credit for any amounts paid as a registration
fee toward any assessment imposed pursuant to Section 903.1 or 903.45
for legal services.
(e) This section shall be operative in a county only upon the
adoption of a resolution or ordinance by the board of supervisors
electing to establish the registration fee and setting forth the
manner in which the funds shall be collected and distributed.
Collection procedures, accounting measures, and the distribution of
the funds received pursuant to this section shall be within the
discretion of the board of supervisors.
903.2. (a) The juvenile court may require that the father, mother,
spouse, or other person liable for the support of a minor, the estate
of that person, and the estate of the minor shall be liable for the
cost to the county of the probation supervision, home supervision, or
electronic surveillance of the minor, pursuant to the order of the
juvenile court, by the probation officer. The liability of these
persons (in this article called relatives) and estates shall be a
joint and several liability.
(b) Liability shall be imposed on a person pursuant to this
section only if he or she has the financial ability to pay. In
evaluating a family's financial ability to pay under this section,
the county shall take into consideration the family income, the
necessary obligations of the family, and the number of persons
dependent upon this income.
903.25. (a) In addition to the liability established by any other
provision of law, a parent or guardian of a minor who has been
delivered to the custody of the probation department, or who has been
placed into a children's receiving home, a foster care home or
facility, or securely detained in a juvenile facility operated by a
probation department, shall be liable for the reasonable costs of
food, shelter, and care of the minor while in the custody of the
probation department when all of the following circumstances are
applicable:
(1) The parent or guardian receives actual notice by telephone or
by written communication from the probation officer that the minor is
scheduled for release from custody and that the parent or guardian,
in person or through a responsible relative, is requested to take
delivery of the minor. 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 of the minor, in person or through a responsible relative,
at the place designated by the probation officer within 12 hours from
the time notice of release was received, or within 48 hours from the
time notice of release is received in any case where a petition to
declare the minor a dependent child of the court pursuant to Section
300 was dismissed at or before the jurisdictional hearing.
(3) The parent states a refusal to take delivery of the minor or
fails to make a reasonable effort to take delivery of the minor, in
person or through a responsible relative, within 12 hours from the
time of actual receipt of the notice, or within 48 hours from the
time of actual receipt of the notice in any case where a petition to
declare the minor a dependent child of the court pursuant to Section
300 was dismissed at or before the jurisdictional hearing.
(b) The liability established by this section, when combined with
any 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, or beginning 48 hours after notice of
release was actually received in any case where a petition to declare
the minor a dependent child of the court pursuant to Section 300 was
dismissed at or before the jurisdictional hearing, in which a
notified parent or guardian has failed to make a reasonable effort to
take delivery of the minor, in person or through a responsible
relative, in accordance with the request and instructions of the
probation officer.
(c) 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 the provisions of Section
903.45. Any parent, guardian, or other person who is assessed under
this section shall also be entitled, upon petition, to a hearing and
determination by the juvenile court on the issues of liability and
ability to pay.
903.3. (a) The father, mother, spouse, or other person liable for
the support of a minor person, the person himself or herself if he or
she is an adult, or the estates of those persons shall, unless
indigent, be liable for the cost to the county and court for any
investigation related to the sealing and for the sealing of any
juvenile court or arrest records pursuant to Section 781 pertaining
to that person. The liability of those persons and estates shall be a
joint and several liability.
(b) In the event a petition is filed for an order sealing a
record, the father, mother, spouse, or other person liable for the
support of a minor, that person if he or she is an adult, or the
estate of that person, may be required to reimburse the county and
court for the actual cost of services rendered, whether or not the
petition is granted and the records are sealed or expunged, at a rate
to be determined by the county board of supervisors for the county
and by the court for the court, not to exceed one hundred fifty
dollars ($150). Ability to make this reimbursement shall be
determined by the court using the standards set forth in paragraph
(2) of subdivision (g) of Section 987.8 and shall not be a
prerequisite to a person's eligibility under this section. The court
may order reimbursement in any case in which the petitioner appears
to have the ability to pay, without undue hardship, all or any
portion of the cost for services.
(c) Notwithstanding subdivision (a), the father, mother, spouse,
or other person liable for the support of the minor, the person
himself or herself if he or she is an adult, the estate of that
person, or the estate of the minor, shall not be liable for the costs
described in this section if a petition to declare the minor a
dependent child of the court pursuant to Section 300 is dismissed at
or before the jurisdictional hearing.
(d) Any determination of amount made by a court under this section
shall be valid only if either (1) made under procedures adopted by
the Judicial Council or (2) approved by the Judicial Council.
903.4. (a) The Legislature finds that even though Section 903
establishes parental liability for the cost of the care, support, and
maintenance of a child in a county institution or other place in
which the child is placed, detained, or committed pursuant to an
order of the juvenile court, the collection of child support for
juveniles who have been placed in out-of-home care as dependents or
wards of the juvenile court under Sections 300, 601, and 602 has not
been pursued routinely and effectively.
It is the purpose of this section to substantially increase income
to the state and to counties through court-ordered parental
reimbursement for the support of juveniles who are in out-of-home
placement. In this regard, the Legislature finds that the costs of
collection will be offset by the additional income derived from the
increased effectiveness of the parental support program.
(b) In any case in which a child is or has been declared a
dependent child or a ward of the court pursuant to a Section 300,
601, or 602, the juvenile court shall order any agency which has
expended moneys or incurred costs on behalf of the child pursuant to
a detention or placement order of the juvenile court, to submit to
the local child support agency, within 30 days, in the form of a
declaration, a statement of its costs and expenses for the benefit,
support, and maintenance of the child.
(c) (1) The local child support agency may petition the superior
court to issue an order to show cause why an order should not be
entered for continuing support and reimbursement of the costs of the
support of any minor described in Section 903.
Any order entered as a result of the order to show cause shall be
enforceable in the same manner as any other support order entered by
the courts of this state at the time it becomes due and payable.
In any case in which the local child support agency has received a
declaration of costs or expenses from any agency, the declaration
shall be deemed an application for assistance pursuant to Section
17400 of the Family Code.
(2) The order to show cause shall inform the parent of all of the
following facts:
(A) He or she has been sued.
(B) If he or she wishes to seek the advice of an attorney in this
matter, it should be done promptly so that his or her financial
declaration and written response, if any, will be filed on time.
(C) He or she has a right to appear personally and present
evidence in his or her behalf.
(D) His or her failure to appear at the order to show cause
hearing, personally or through his or her attorney, may result in an
order being entered against him or her for the relief requested in
the petition.
(E) Any order entered could result in the garnishment of wages,
taking of money or property to enforce the order, or being held in
contempt of court.
(F) Any party has a right to request a modification of any order
issued by the superior court in the event of a change in
circumstances.
(3) Any existing support order shall remain in full force and
effect unless the superior court modifies that order pursuant to
subdivision (f).
(4) The local child support agency shall not be required to
petition the court for an order for continuing support and
reimbursement if, in the opinion of the local child support agency,
it would not be appropriate to secure such an order. The local child
support agency shall not be required to continue collection efforts
for any order if, in the opinion of the local child support agency,
it would not be appropriate or cost effective to enforce the order.
(d) (1) In any case in which an order to show cause has been
issued and served upon a parent for continuing support and
reimbursement of costs, a completed income and expense declaration
shall be filed with the court by the parent; a copy of it shall be
delivered to the local child support agency at least five days prior
to the hearing on the order to show cause.
(2) Any person authorized by law to receive a parent's financial
declaration or information obtained therefrom, who knowingly
furnishes the declaration or information to a person not authorized
by law to receive it, is guilty of a misdemeanor.
(e) If a parent has been personally served with the order to show
cause and no appearance is made by the parent, or an attorney in his
or her behalf, at the hearing on the order to show cause, the court
may enter an order for the principal amount and continuing support in
the amount demanded in the petition.
If the parent appears at the hearing on the order to show cause,
the court may enter an order for the amount the court determines the
parent is financially able to pay.
(f) The court shall have continuing jurisdiction to modify any
order for continuing support entered pursuant to this section.
(g) As used in this section, "parent" includes any person
specified in Section 903, the estate of any such person, and the
estate of the minor person.
(h) The local child support agency may contract with another
county agency for the performance of any of the duties required by
this section.
903.41. (a) It is the intention of the Legislature that the family
law departments and juvenile departments of each superior court
coordinate determinations of parentage and the setting of support to
ensure that the State of California remains in compliance with
federal regulations for child support guidelines. The Legislature
therefore enacts this section for the purpose of ensuring a document
exchange between the family law departments and juvenile departments
of each superior court as necessary to administer the public social
services administered or supervised by the State Department of Social
Services.
(b) If the issue of paternity is raised during any hearings
pursuant to Section 300, 601, or 602, the court clerk shall notify
the local child support agency for an inquiry concerning any superior
court order or judgment which addresses the issue.
(1) If the local child support agency determines that a judgment
for parentage already exists, the local child support agency shall
obtain and forward certified copies of the judgment to the juvenile
court and the court shall take judicial notice thereof.
(2) If the local child support agency determines that the issue of
parentage has not been determined, the juvenile court may determine
the issue of parentage and, if it does so, shall give notice to the
local child support agency.
(c) If the court establishes paternity of a minor child, the court
clerk shall forward the order on a form to be adopted by the
Judicial Council to the local child support agency.
(d) If a child is receiving public assistance under the CalWORKs
program, or if it appears to the court that the child may receive
assistance under CalWORKs, the court shall direct the clerk of the
court to advise the local child support agency.
(e) The court shall advise the parent of the minor of the
possibility that the local child support agency may file an action
for support if the child receives CalWORKs, pursuant to Section 17402
of the Family Code.
903.45. (a) The board of supervisors may designate a county
financial evaluation officer pursuant to Section 27750 of the
Government Code to make financial evaluations of liability for
reimbursement pursuant to Sections 207.2, 903, 903.1, 903.2, 903.25,
903.3, and 903.5, and other reimbursable costs allowed by law, as set
forth in this section.
(b) In any county where a board of supervisors has designated a
county financial evaluation officer, the juvenile court shall, at the
close of the disposition hearing, order any person liable for the
cost of support, pursuant to Section 903, the cost of legal services
as provided for in Section 903.1, probation costs as provided for in
Section 903.2, or any other reimbursable costs allowed under this
code, to appear before the county financial evaluation officer for a
financial evaluation of his or her ability to pay those costs; and if
the responsible person is not present at the disposition hearing,
the court shall cite him or her to appear for such a financial
evaluation. In the case of a parent, guardian, or other person
assessed for the costs of transport, food, shelter, or care of a
minor under Section 207.2 or 903.25, the juvenile court shall, upon
request of the county probation department, order the appearance of
the parent, guardian, or other person before the county financial
evaluation officer for a financial evaluation of his or her ability
to pay the costs assessed.
If the county financial evaluation officer determines that a
person so responsible has the ability to pay all or part of the
costs, the county financial evaluation officer shall petition the
court for an order requiring the person to pay that sum to the county
or court, depending on which entity incurred the expense. If the
parent or guardian is liable for costs for legal services pursuant to
Section 903.1, the parent or guardian has been reunified with the
child pursuant to a court order, and the county financial evaluation
officer determines that repayment of the costs would harm the ability
of the parent or guardian to support the child, then the county
financial evaluation officer shall not petition the court for an
order of repayment, and the court shall not make that order. In
addition, if the parent or guardian is currently receiving
reunification services, and the court finds that repayment by the
parent or guardian will pose a barrier to reunification with the
child because it will limit the ability of the parent or guardian to
comply with the requirements of the reunification plan or compromise
the parent's or guardian's current or future ability to meet the
financial needs of the child, or in any case in which the court finds
that the repayment would be unjust under the circumstances of the
case, the court shall not order repayment by the parent or guardian.
In evaluating a person's ability to pay under this section, the
county financial evaluation officer and the court shall take into
consideration the family's income, the necessary obligations of the
family, and the number of persons dependent upon this income. Any
person appearing for a financial evaluation shall have the right to
dispute the county financial evaluation officer's determination, in
which case he or she shall be entitled to a hearing before the
juvenile court. The county financial evaluation officer at the time
of the financial evaluation shall advise such a person of his or her
right to a hearing and of his or her rights pursuant to subdivision
(c).
At the hearing, any person so responsible for costs shall be
entitled to have, but shall not be limited to, the opportunity to be
heard in person, to present witnesses and other documentary evidence,
to confront and cross-examine adverse witnesses, to disclosure of
the evidence against him or her, and to receive a written statement
of the findings of the court. The person shall have the right to be
represented by counsel, and, when the person is unable to afford
counsel, the right to appointed counsel. If the court determines that
the person has the ability to pay all or part of the costs,
including the costs of any counsel appointed to represent the person
at the hearing, the court shall set the amount to be reimbursed and
order him or her to pay that sum to the county or court, depending on
which entity incurred the expense, in a manner in which the court
believes reasonable and compatible with the person's financial
ability.
If the person or persons, after having been ordered to appear
before the county financial evaluation officer, have been given
proper notice and fail to appear as ordered, the county financial
evaluation officer shall recommend to the court that he, she, or they
be ordered to pay the full amount of the costs. Proper notice to
him, her, or them shall contain all of the following:
(1) That he, she, or they have a right to a statement of the costs
as soon as it is available.
(2) His, her, or their procedural rights under Section 27755 of
the Government Code.
(3) The time limit within which his, her, or their appearance is
required.
(4) A warning that if he, she, or they fail to appear before the
county financial evaluation officer, the officer will recommend that
the court order him, her, or them to pay the costs in full.
If the county financial evaluation officer determines that the
person or persons have the ability to pay all or a portion of these
costs, with or without terms, and he, she, or they concur in this
determination and agree to the terms of payments, the county
financial evaluation officer, upon his or her written evaluation and
the person's or persons' written agreement, shall petition the court
for an order requiring him, her, or them to pay that sum to the
county or the court in a manner which is reasonable and compatible
with his, her, or their financial ability. This order may be granted
without further notice to the person or persons, provided a copy of
the order is served on him, her, or them by mail.
However, if the county financial evaluation officer cannot reach
an agreement with the person or persons with respect to either the
liability for the costs, the amount of the costs, his, her, or their
ability to pay the same, or the terms of payment, the matter shall be
deemed in dispute and referred by the county financial evaluation
officer back to the court for a hearing.
(c) At any time prior to the satisfaction of a judgment entered
pursuant to this section, a person against whom the judgment was
entered may petition the rendering court to modify or vacate the
judgment on the basis of a change in circumstances relating to his or
her ability to pay the judgment.
(d) Execution may be issued on the order in the same manner as on
a judgment in a civil action, including any balance remaining unpaid
at the termination of the court's jurisdiction over the minor.
903.47. (a) The Judicial Council shall establish a program to
collect reimbursements from the person liable for the costs of
counsel appointed to represent parents or minors pursuant to Section
903.1 in dependency proceedings.
(1) As part of the program, the Judicial Council shall:
(A) Adopt a statewide standard for determining the ability to pay
reimbursements for counsel, which shall at a minimum include the
family's income, their necessary obligations, the number of
individuals dependent on this income, and the cost-effectiveness of
the program.
(B) Adopt policies and procedures allowing a court to recover from
the money collected the costs associated with collecting delinquent
reimbursements. The policies and procedures shall at a minimum limit
the amount of money a court may recover to a reasonable proportion of
the delinquent reimbursements collected and provide the terms and
conditions under which a court may use a third party to collect
delinquent reimbursements.
(2) The money collected shall be deposited as required by Section
68085.1 of the Government Code. Except as otherwise authorized by
law, the money collected under this program shall be utilized to
reduce caseloads, for attorneys appointed by the court, to the
caseload standard approved by the Judicial Council. Priority shall be
given to those courts with the highest attorney caseloads that also
demonstrate the ability to immediately improve outcomes for parents
and children as a result of lower attorney caseloads.
(b) The court may do either of the following:
(1) Designate a court financial evaluation officer to make
financial evaluations of liability for reimbursement pursuant to
Section 903.1.
(2) With the consent of the county and pursuant to the terms and
conditions agreed upon by the court and county, designate a county
financial evaluation officer to make financial evaluations of
liability for reimbursement pursuant to Section 903.1.
(c) In handling reimbursement of payments pursuant to Section
903.1, the court financial evaluation officer and the county
financial evaluation officer shall follow the procedures set forth
for county financial evaluation officers in subdivisions (b), (c),
and (d) of Section 903.45.
903.5. In addition to the requirements of Section 903.4, and
notwithstanding any other provision of law, the parent or other
person legally liable for the support of a minor, who voluntarily
places the minor in 24-hour out-of-home care, shall be liable for the
cost of the minor's care, support, and maintenance when the minor
receives Aid to Families with Dependent Children-Foster Care
(AFDC-FC), Supplemental Security Income-State Supplementary Program
(SSI-SSP), or county-only funds. As used in this section, "parent"
includes any person specified in Section 903. Whenever the county
welfare department or the placing agency determines that a court
order would be advisable and effective, the department or the agency
shall notify the local child support agency, or the financial
evaluation officer designated pursuant to Section 903.45, who shall
proceed pursuant to Section 903.4 or 903.45.
903.6. Funds collected pursuant to Sections 903, 903.4, and 903.5
shall be distributed in the following manner:
(a) If the program through which the minor is placed is a
county-funded program, the county shall retain 100 percent of the
funds collected. For the purposes of this subdivision, programs
funded in whole or part with county justices system subvention
program funds shall be considered to be 100 percent county funded.
(b) If the program through which the minor is placed is funded
partially with state or federal funds, the amounts collected shall be
distributed by the State Department of Social Services pursuant to
Section 11457 and incentives shall be paid pursuant to Sections
15200.1, 15200.2, and 15200.3.
903.7. (a) There is in the State Treasury the Foster Children and
Parent Training Fund. The moneys contained in the fund shall be used
exclusively for the purposes set forth in this section.
(b) For each fiscal year beginning with the 1981-82 fiscal year,
except as provided in Sections 15200.1, 15200.2, 15200.3, 15200.8,
and 15200.81, and Section 17704 of the Family Code, the Department of
Child Support Services shall determine the amount equivalent to the
net state share of foster care collections attributable to the
enforcement of parental fiscal liability pursuant to Sections 903,
903.4, and 903.5. On July 1, 1982, and every three months thereafter,
the department shall notify the Chancellor of the Community
Colleges, the Department of Finance, and the Superintendent of Public
Instruction of the above-specified amount. The Department of Child
Support Services shall authorize the quarterly transfer of any
portion of this amount for any particular fiscal year exceeding three
million seven hundred fifty thousand dollars ($3,750,000) of the net
state share of foster care collections to the Treasurer for deposit
in the Foster Children and Parent Training Fund, except that,
commencing with the 2002-03 fiscal year, a total of not more than
three million dollars ($3,000,000) may be transferred to the fund in
any fiscal year.
(c) (1) If sufficient moneys are available in the Foster Children
and Parent Training Fund, up to three million dollars ($3,000,000)
shall be allocated for the support of foster parent training programs
conducted in community colleges. The maximum amount authorized to be
allocated pursuant to this subdivision shall be adjusted annually by
a cost-of-living increase each year based on the percentage given to
discretionary education programs. Funds for the training program
shall be provided in a separate budget item in that portion of the
Budget Act pertaining to the Chancellor of the California Community
Colleges, to be deposited in a separate bank account by the
Chancellor of the California Community Colleges.
(2) The chancellor shall use these funds exclusively for foster
parent training, as specified by the chancellor in consultation with
the California State Foster Parents Association and the State
Department of Social Services.
(3) The plans for each foster parent training program shall
include the provision of training to facilitate the development of
foster family homes and small family homes to care for no more than
six children who have special mental, emotional, developmental, or
physical needs.
(4) The State Department of Social Services shall facilitate the
participation of county welfare departments in the foster parent
training program. The California State Foster Parents Association, or
the local chapters thereof, and the State Department of Social
Services shall identify training participants and shall advise the
chancellor on the form, content, and methodology of the training
program. Funds shall be paid monthly to the foster parent training
program until the maximum amount of funds authorized to be expended
for that program is expended. No more than 10 percent or seventy-five
thousand dollars ($75,000) of these moneys, whichever is greater,
shall be used for administrative purposes; of the 10 percent or
seventy-five thousand dollars ($75,000), no more than ten thousand
dollars ($10,000) shall be expended to reimburse the State Department
of Social Services for its services pursuant to this paragraph.
(d) Beginning with the 1983-84 fiscal year, and each fiscal year
thereafter, after all allocations for foster parent training in
community colleges have been made, any moneys remaining in the Foster
Children and Parent Training Fund may be allocated for foster
children services programs pursuant to Chapter 11.3 (commencing with
Section 42920) of Part 24 of the Education Code.
(e) (1) The Controller shall transfer moneys from the Foster
Children and Parent Training Fund to the Chancellor of the California
Community Colleges and the Superintendent of Public Instruction as
necessary to fulfill the requirements of subdivisions (c) and (d).
(2) After the maximum amount authorized in any fiscal year has
been transferred to the Chancellor of the California Community
Colleges and the Superintendent of Public Instruction, the Controller
shall transfer any remaining funds to the General Fund for
expenditure for any public purpose.
(f) This section shall be operative until June 30, 2005, and
thereafter is operative only if specified in the annual Budget Act or
in another statute.
903.8. (a) Beginning January 1, 1994, the State Department of
Social Services shall develop and implement an enhanced statewide
basic foster parent training program. It is the intent of the
Legislature to fund this program by allocating unexpended child
welfare services funds from the 1992-93 fiscal year to support a two
and one-half year training curricula development.
(b) During this two and one-half year period, the State Department
of Social Services shall do all of the following, in cooperation
with foster parents and representatives from county placement
agencies and other foster care providers:
(1) Complete a comprehensive survey of existing foster parent
training curricula and resources, evaluate the existing foster parent
training delivery system and explore alternative delivery models,
complete a needs assessment of foster parents, and develop and
implement a statewide core curriculum.
(2) Develop and implement curricula for, teenage pregnancy
prevention and other special needs topics, as identified in the needs
assessment, to supplement the core curriculum. The teenage pregnancy
prevention topics shall be based upon public health fact-based
materials and programs. Curricula for teenage pregnancy prevention
shall emphasize that abstinence from sexual intercourse is the only
protection that is 100 percent effective against unwanted teenage
pregnancy, sexually transmitted diseases, and acquired immune
deficiency syndrome (AIDS) when transmitted sexually, and that all
other methods of contraception carry a risk of failure in preventing
unwanted teenage pregnancy. The curricula shall:
(A) Include statistics based on the latest medical information
citing the failure and success rates of condoms and other
contraceptives in preventing pregnancy.
(B) Stress that sexually transmitted diseases are serious possible
hazards of sexual intercourse, and shall include statistics based on
the latest medical information citing the failure and success rates
of condoms in preventing AIDS and other sexually transmitted
diseases.
(C) Include a discussion of the possible emotional and
psychological consequences of preadolescent and adolescent sexual
intercourse outside of marriage and the consequences of unwanted
adolescent pregnancy.
(3) Evaluate the current foster parent training funding formula
and explore funding alternatives to ensure that a permanent and
adequate funding source is available.
(4) Evaluate current recruitment strategies and facilitate the
expansion of recruitment activities, especially targeting minority
families for the promotion of the placement of minority youth with
trained and culturally competent families of the same ethnicity and
cultural background.
(5) In its foster parent recruitment and training effort, place
special emphasis on the recruitment of prospective foster parents
willing to accept sibling placements and the training of foster
parents to ensure they are able and ready to care for a sibling
group.
(c) It is not the intent of the Legislature and nothing in this
section shall be construed as requiring foster parents to participate
in this training program in whole or in part.
904. The monthly or daily charge, not to exceed cost, for care,
support, and maintenance of minor persons placed or detained in or
committed to any institution by order of a juvenile court, the cost
of delinquency-related legal services referred to by Section 903.1,
the cost of probation supervision referred to by Section 903.2, and
the cost of sealing records in county or local agency custody
referred to by Section 903.3 shall be determined by the board of
supervisors. The cost of dependency-related legal services referred
to by Section 903.1 and the cost of sealing records in court custody
referred to by Section 903.3 shall be determined by the court. Any
determination made by a court under this section shall be valid only
if either (1) made under procedures adopted by the Judicial Council
or (2) approved by the Judicial Council.
911. No order for payment from the county treasury of the expense
of support and maintenance of a ward or dependent child of the
juvenile court shall be effective for more than 12 months, and no
order for payment from the county treasury of the expense of support
and maintenance of a minor person concerning whom a verified petition
has been filed in accordance with the provision of this chapter,
other than a ward or dependent child of the court, shall be effective
for more than one month. Upon all hearings of the case of any ward
or dependent child of the juvenile court, the case shall be continued
on the calendar, but in no instance to exceed 12 months.
When any ward of the juvenile court is, with the consent of the
juvenile court of the county committing him and the officer in charge
of the state school to which he was committed or in which he is
confined, placed in a boarding home, foster home, or work home, but
continues to be under the supervision of such state school, the
county may reimburse the boarding home, foster home, or work home in
an amount adequate for the maintenance of the ward, but not to exceed
twenty-five dollars ($25) per month.
912. Effective July 1, 2003, for each person committed to the
Department of the Youth Authority, the county from which he or she is
committed shall pay the state one hundred seventy-six dollars ($176)
per month for the time that person remains in any institution under
the direct supervision of the Department of the Youth Authority, or
in any institution, boarding home, foster home, or other private or
public institution in which he or she is placed by the Department of
the Youth Authority, on parole or otherwise, and cared for and
supported at the expense of the Department of the Youth Authority.
This section applies to any person committed to the Department of the
Youth Authority by a juvenile court, including persons committed to
the Department of the Youth Authority prior to July 1, 2003, who on
or after July 1, 2003, remain in or return to the facilities
described in this section.
The Department of the Youth Authority shall present to the county,
not more frequently than monthly, a claim for the amount due the
state under this section, which the county shall process and pay
pursuant to Chapter 4 (commencing with Section 29700) of Division 3
of Title 3 of the Government Code.
912.1. (a) The Department of the Youth Authority shall present to
each county, not more frequently than monthly, a statement of per
capita institutional cost.
(b) As of July 1, 2003, "per capita institutional cost," as used
in this section and Section 912.5, means thirty-six thousand five
hundred four dollars ($36,504).
(c) The "per capita institutional cost" set forth in subdivision
(b) shall be adjusted annually, on July 1, to reflect any increases
in the California Consumer Price Index for All Urban Consumers, as
published by the California Department of Industrial Relations, based
on regional data from the United States Department of Labor, Bureau
of Labor Statistics.
912.5. (a) For each person committed to the Department of the Youth
Authority by a juvenile court on or after January 1, 1997, the
county from which he or she is committed shall pay the state the
following rate:
(1) If the offense on which the commitment is based is listed in
Section 4955 of Title 15 of the California Code of Regulations, the
rate is 50 percent of the per capita institutional cost of the
Department of the Youth Authority.
(2) If the offense on which the commitment is based is listed in
Section 4956 of Title 15 of the California Code of Regulations, the
rate is 75 percent of the per capita institutional cost of the
Department of the Youth Authority.
(3) If the offense on which the commitment is based is listed in
Section 4957 of Title 15 of the California Code of Regulations, the
rate is 100 percent of the per capita institutional cost of the
Department of the Youth Authority.
(b) For purposes of this section, "the offense on which the
commitment is based" means any offense that has been sustained by the
juvenile court and that is included in the determination of the
maximum term of imprisonment by the juvenile court pursuant to
Section 731.
(c) For purposes of this section, the charge against the county
shall not apply to periods of confinement that are solely pursuant to
a revocation of parole by the Youthful Offender Parole Board.
(d) The charge against the county prescribed by this section shall
be in lieu of the charge prescribed by Section 912 and not in
addition to that charge.
(e) The Department of the Youth Authority shall present to the
county, not more frequently than monthly, a claim for the amount due
the state under this section, which the county shall process and pay
pursuant to the provisions of Chapter 4 (commencing with Section
29700) of Division 3 of Title 3 of the Government Code.
(f) The Department of the Youth Authority shall adopt emergency
regulations for implementation of this section.
913. When any person has been adjudged to be a ward or dependent
child of the juvenile court, and the court has made an order
committing such person to the care of any association, society, or
corporation, embracing within its objects the purpose of caring for
or obtaining homes for such persons, the county in which such person
has been committed may contract with such custodian, for the
supervision, investigation, and rehabilitation of such person by such
custodian, and may, pursuant to such contract, pay to it an amount
determined by mutual agreement, not to exceed the cost to such
custodian of such service.
914. As used in this article, "expense for support and maintenance"
includes the reasonable value of any medical services furnished to
the ward or dependent child at the county hospital or at any other
county institution, or at any private hospital or by any private
physician with the approval of the juvenile court of the county
concerned, and the reasonable value of the support of the ward or
dependent child at any juvenile hall established pursuant to the
provisions of Article 23 (commencing with Section 850) of this
chapter or the reasonable value of the ward's support at any forestry
camp, juvenile home, ranch, or camp established within or without
the county pursuant to the provisions of Article 24 (commencing with
Section 880) of this chapter.
900. (a) If it is necessary that provision be made for the expense
of support and maintenance of a ward or dependent child of the
juvenile court or of a minor person concerning whom a petition has
been filed in accordance with the provisions of this chapter, the
order providing for the care and custody of such ward, dependent
child or other minor person shall direct that the whole expense of
support and maintenance of such ward, dependent child or other minor
person, up to the amount of twenty dollars ($20) per month be paid
from the county treasury and may direct that an amount up to any
maximum amount per month established by the board of supervisors of
the county be so paid. The board of supervisors of each county is
hereby authorized to establish, either generally or for individual
wards or dependent children or according to classes or groups of
wards or dependent children, a maximum amount which the court may
order the county to pay for such support and maintenance. All orders
made pursuant to the provisions of this section shall state the
amounts to be so paid from the county treasury, and such amounts
shall constitute legal charges against the county.
(b) This section is applicable to a minor who is the subject of a
program of supervision undertaken by the probation department
pursuant to Section 330 or 654 and who is temporarily placed out of
his home by the probation department, with the approval of the court
and the minor's parent or guardian, for a period not to exceed seven
days.
901. No order for payment shall be made in a sum in excess of the
actual cost of supporting and maintaining the ward, dependent child
or other minor person.
902. If it is found that the maximum amount established by the
board of supervisors of the county is insufficient to pay the whole
expense of support and maintenance of a ward, dependent child, or
other minor person, the court may order and direct that such
additional amount as is necessary shall be paid out of the earnings,
property, or estate of such ward, dependent child, or other minor
person, or by the parents or guardian of such ward, dependent child,
or other minor person, or by any other person liable for his support
and maintenance, to the county officers designated by the board of
supervisors who shall in turn pay it to the person, association, or
institution that, under court order, is caring for and maintaining
such ward, dependent child, or other minor person.
903. (a) The father, mother, spouse, or other person liable for the
support of a minor, the estate of that person, and the estate of the
minor, shall be liable for the reasonable costs of support of the
minor while the minor is placed, or detained in, or committed to, any
institution or other place pursuant to Section 625 or pursuant to an
order of the juvenile court. However, a county shall not levy
charges for the costs of support of a minor detained pursuant to
Section 625 unless, at the detention hearing, the juvenile court
determines that detention of the minor should be continued, the
petition for the offense for which the minor is detained is
subsequently sustained, or the minor agrees to a program of
supervision pursuant to Section 654. The liability of these persons
and estates shall be a joint and several liability.
(b) The county shall limit the charges it seeks to impose to the
reasonable costs of support of the minor and shall exclude any costs
of incarceration, treatment, or supervision for the protection of
society and the minor and the rehabilitation of the minor. In the
event that court-ordered child support paid to the county pursuant to
subdivision (a) exceeds the amount of the costs authorized by this
subdivision and subdivision (a), the county shall either hold the
excess in trust for the minor's future needs pursuant to Section
302.52 of Title 45 of the Code of Federal Regulations or, with the
approval of the minor's caseworker or probation officer, pay the
excess directly to the minor.
(c) It is the intent of the Legislature in enacting this
subdivision to protect the fiscal integrity of the county, to protect
persons against whom the county seeks to impose liability from
excessive charges, to ensure reasonable uniformity throughout the
state in the level of liability being imposed, and to ensure that
liability is imposed only on persons with the ability to pay. In
evaluating a family's financial ability to pay under this section,
the county shall take into consideration the family's income, the
necessary obligations of the family, and the number of persons
dependent upon this income. Except as provided in paragraphs (1),
(2), (3), and (4), "costs of support" as used in this section means
only actual costs incurred by the county for food and food
preparation, clothing, personal supplies, and medical expenses, not
to exceed a combined maximum cost of thirty dollars ($30) per day,
except that:
(1) The maximum cost of thirty dollars ($30) per day shall be
adjusted every third year beginning January 1, 2012, to reflect the
percentage change in the calendar year annual average of the
California Consumer Price Index, All Urban Consumers, published by
the Department of Industrial Relations, for the three-year period.
(2) No cost for medical expenses shall be imposed by the county
until the county has first exhausted any eligibility the minor may
have under private insurance coverage, standard or medically indigent
Medi-Cal coverage, and the Robert W. Crown California Children's
Services Act (Article 2 (commencing with Section 248) of Chapter 2 of
Part 1 of Division 1 of the Health and Safety Code).
(3) In calculating the cost of medical expenses, the county shall
not charge in excess of 100 percent of the AFDC fee-for-service
average Medi-Cal payment for that county for that fiscal year as
calculated by the State Department of Health Services; however, if a
minor has extraordinary medical or dental costs that are not met
under any of the coverages listed in paragraph (2), the county may
impose these additional costs.
(4) For those placements of a minor subject to this section in
which an AFDC-FC grant is made, the local child support agency shall,
subject to Sections 17550 and 17552 of the Family Code, seek an
order pursuant to Section 17400 of the Family Code and the statewide
child support guideline in effect in Article 2 (commencing with
Section 4050) of Chapter 2 of Part 2 of Division 9 of the Family
Code. For purposes of determining the correct amount of support of a
minor subject to this section, the rebuttable presumption set forth
in Section 4057 of the Family Code is applicable. This paragraph
shall be implemented consistent with subdivision (a) of Section 17415
of the Family Code.
(d) Notwithstanding subdivision (a), the father, mother, spouse,
or other person liable for the support of the minor, the estate of
that person, or the estate of the minor, shall not be liable for the
costs described in this section if a petition to declare the minor a
dependent child of the court pursuant to Section 300 is dismissed at
or before the jurisdictional hearing.
(e) Notwithstanding subdivision (a), the father, mother, spouse,
or other person liable for the support of a minor shall not be liable
for the costs of support of that minor while the minor is
temporarily placed or detained in any institution or other place
pursuant to Section 625 or is committed to any institution or other
place pursuant to an order of the juvenile court, if the minor is
placed or detained because he or she is found by a court to have
committed a crime against that person. Nothing in this subdivision
shall be construed to extinguish a child support obligation between
private parties.
903.1. (a) The father, mother, spouse, or other person liable for
the support of a minor, the estate of that person, and the estate of
the minor, shall be liable for the cost to the county or the court,
whichever entity incurred the expenses, of legal services rendered to
the minor by an attorney pursuant to an order of the juvenile court.
The father, mother, spouse, or other person liable for the support
of a minor and the estate of that person shall also be liable for any
cost to the county or the court of legal services rendered directly
to the father, mother, or spouse, of the minor or any other person
liable for the support of the minor, in a dependency proceeding by an
attorney appointed pursuant to an order of the juvenile court. The
liability of those persons (in this article called relatives) and
estates shall be a joint and several liability.
(b) Notwithstanding subdivision (a), the father, mother, spouse,
or other person liable for the support of the minor, the estate of
that person, or the estate of the minor, shall not be liable for the
costs of any of the legal services provided to any person described
in this section if a petition to declare the minor a dependent child
of the court pursuant to Section 300 is dismissed at or before the
jurisdictional hearing.
(c) Fees received pursuant to this section shall be transmitted to
the Administrative Office of the Courts in the same manner as
prescribed in Section 68085.1 of the Government Code. The
Administrative Office of the Courts shall deposit the fees received
pursuant to this section into the Trial Court Trust Fund.
903.15. (a) The parent of any minor, or other person who is liable
for the support of the minor, on whose behalf a petition is filed
pursuant to Section 601 or 602, when the minor is represented by
appointed counsel, shall be assessed a registration fee not to exceed
twenty-five dollars ($25) at the time the legal services are
provided. Notwithstanding this subdivision, no fee shall be required
of any parent or other person who is financially unable to pay the
fee.
(b) At the time of appointment of counsel by the court, or upon
commencement of representation by the public defender, if prior to
court appointment, the parent or other person who is liable for the
support of the minor shall be asked if he or she is financially able
to pay the registration fee or any portion thereof. If the parent or
other person indicates that he or she is able to pay the fee or a
portion thereof, the court or public defender shall make an
assessment in accordance with ability to pay. No fee shall be
assessed against any parent or other person who asserts that he or
she is unable to pay the fee or any portion thereof. No other inquiry
concerning the parent's or other person's ability to pay shall be
made until proceedings are held pursuant to Section 903.45.
(c) No minor shall be denied the assistance of appointed counsel
due solely to the failure of the parent or other person to pay the
registration fee. The registration fee shall be a joint and several
liability of the parent or other person who is liable for the support
of the minor. An order to pay the registration fee may be enforced
in the manner provided for enforcement of civil judgments generally,
but may not be enforced by contempt.
(d) The fact that a parent or other person who is liable for the
support of the minor has or has not been assessed a fee pursuant to
this section shall have no effect in any later proceedings held
pursuant to Section 903.1 or 903.45, except that the parent or other
person shall be given credit for any amounts paid as a registration
fee toward any assessment imposed pursuant to Section 903.1 or 903.45
for legal services.
(e) This section shall be operative in a county only upon the
adoption of a resolution or ordinance by the board of supervisors
electing to establish the registration fee and setting forth the
manner in which the funds shall be collected and distributed.
Collection procedures, accounting measures, and the distribution of
the funds received pursuant to this section shall be within the
discretion of the board of supervisors.
903.2. (a) The juvenile court may require that the father, mother,
spouse, or other person liable for the support of a minor, the estate
of that person, and the estate of the minor shall be liable for the
cost to the county of the probation supervision, home supervision, or
electronic surveillance of the minor, pursuant to the order of the
juvenile court, by the probation officer. The liability of these
persons (in this article called relatives) and estates shall be a
joint and several liability.
(b) Liability shall be imposed on a person pursuant to this
section only if he or she has the financial ability to pay. In
evaluating a family's financial ability to pay under this section,
the county shall take into consideration the family income, the
necessary obligations of the family, and the number of persons
dependent upon this income.
903.25. (a) In addition to the liability established by any other
provision of law, a parent or guardian of a minor who has been
delivered to the custody of the probation department, or who has been
placed into a children's receiving home, a foster care home or
facility, or securely detained in a juvenile facility operated by a
probation department, shall be liable for the reasonable costs of
food, shelter, and care of the minor while in the custody of the
probation department when all of the following circumstances are
applicable:
(1) The parent or guardian receives actual notice by telephone or
by written communication from the probation officer that the minor is
scheduled for release from custody and that the parent or guardian,
in person or through a responsible relative, is requested to take
delivery of the minor. 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 of the minor, in person or through a responsible relative,
at the place designated by the probation officer within 12 hours from
the time notice of release was received, or within 48 hours from the
time notice of release is received in any case where a petition to
declare the minor a dependent child of the court pursuant to Section
300 was dismissed at or before the jurisdictional hearing.
(3) The parent states a refusal to take delivery of the minor or
fails to make a reasonable effort to take delivery of the minor, in
person or through a responsible relative, within 12 hours from the
time of actual receipt of the notice, or within 48 hours from the
time of actual receipt of the notice in any case where a petition to
declare the minor a dependent child of the court pursuant to Section
300 was dismissed at or before the jurisdictional hearing.
(b) The liability established by this section, when combined with
any 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, or beginning 48 hours after notice of
release was actually received in any case where a petition to declare
the minor a dependent child of the court pursuant to Section 300 was
dismissed at or before the jurisdictional hearing, in which a
notified parent or guardian has failed to make a reasonable effort to
take delivery of the minor, in person or through a responsible
relative, in accordance with the request and instructions of the
probation officer.
(c) 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 the provisions of Section
903.45. Any parent, guardian, or other person who is assessed under
this section shall also be entitled, upon petition, to a hearing and
determination by the juvenile court on the issues of liability and
ability to pay.
903.3. (a) The father, mother, spouse, or other person liable for
the support of a minor person, the person himself or herself if he or
she is an adult, or the estates of those persons shall, unless
indigent, be liable for the cost to the county and court for any
investigation related to the sealing and for the sealing of any
juvenile court or arrest records pursuant to Section 781 pertaining
to that person. The liability of those persons and estates shall be a
joint and several liability.
(b) In the event a petition is filed for an order sealing a
record, the father, mother, spouse, or other person liable for the
support of a minor, that person if he or she is an adult, or the
estate of that person, may be required to reimburse the county and
court for the actual cost of services rendered, whether or not the
petition is granted and the records are sealed or expunged, at a rate
to be determined by the county board of supervisors for the county
and by the court for the court, not to exceed one hundred fifty
dollars ($150). Ability to make this reimbursement shall be
determined by the court using the standards set forth in paragraph
(2) of subdivision (g) of Section 987.8 and shall not be a
prerequisite to a person's eligibility under this section. The court
may order reimbursement in any case in which the petitioner appears
to have the ability to pay, without undue hardship, all or any
portion of the cost for services.
(c) Notwithstanding subdivision (a), the father, mother, spouse,
or other person liable for the support of the minor, the person
himself or herself if he or she is an adult, the estate of that
person, or the estate of the minor, shall not be liable for the costs
described in this section if a petition to declare the minor a
dependent child of the court pursuant to Section 300 is dismissed at
or before the jurisdictional hearing.
(d) Any determination of amount made by a court under this section
shall be valid only if either (1) made under procedures adopted by
the Judicial Council or (2) approved by the Judicial Council.
903.4. (a) The Legislature finds that even though Section 903
establishes parental liability for the cost of the care, support, and
maintenance of a child in a county institution or other place in
which the child is placed, detained, or committed pursuant to an
order of the juvenile court, the collection of child support for
juveniles who have been placed in out-of-home care as dependents or
wards of the juvenile court under Sections 300, 601, and 602 has not
been pursued routinely and effectively.
It is the purpose of this section to substantially increase income
to the state and to counties through court-ordered parental
reimbursement for the support of juveniles who are in out-of-home
placement. In this regard, the Legislature finds that the costs of
collection will be offset by the additional income derived from the
increased effectiveness of the parental support program.
(b) In any case in which a child is or has been declared a
dependent child or a ward of the court pursuant to a Section 300,
601, or 602, the juvenile court shall order any agency which has
expended moneys or incurred costs on behalf of the child pursuant to
a detention or placement order of the juvenile court, to submit to
the local child support agency, within 30 days, in the form of a
declaration, a statement of its costs and expenses for the benefit,
support, and maintenance of the child.
(c) (1) The local child support agency may petition the superior
court to issue an order to show cause why an order should not be
entered for continuing support and reimbursement of the costs of the
support of any minor described in Section 903.
Any order entered as a result of the order to show cause shall be
enforceable in the same manner as any other support order entered by
the courts of this state at the time it becomes due and payable.
In any case in which the local child support agency has received a
declaration of costs or expenses from any agency, the declaration
shall be deemed an application for assistance pursuant to Section
17400 of the Family Code.
(2) The order to show cause shall inform the parent of all of the
following facts:
(A) He or she has been sued.
(B) If he or she wishes to seek the advice of an attorney in this
matter, it should be done promptly so that his or her financial
declaration and written response, if any, will be filed on time.
(C) He or she has a right to appear personally and present
evidence in his or her behalf.
(D) His or her failure to appear at the order to show cause
hearing, personally or through his or her attorney, may result in an
order being entered against him or her for the relief requested in
the petition.
(E) Any order entered could result in the garnishment of wages,
taking of money or property to enforce the order, or being held in
contempt of court.
(F) Any party has a right to request a modification of any order
issued by the superior court in the event of a change in
circumstances.
(3) Any existing support order shall remain in full force and
effect unless the superior court modifies that order pursuant to
subdivision (f).
(4) The local child support agency shall not be required to
petition the court for an order for continuing support and
reimbursement if, in the opinion of the local child support agency,
it would not be appropriate to secure such an order. The local child
support agency shall not be required to continue collection efforts
for any order if, in the opinion of the local child support agency,
it would not be appropriate or cost effective to enforce the order.
(d) (1) In any case in which an order to show cause has been
issued and served upon a parent for continuing support and
reimbursement of costs, a completed income and expense declaration
shall be filed with the court by the parent; a copy of it shall be
delivered to the local child support agency at least five days prior
to the hearing on the order to show cause.
(2) Any person authorized by law to receive a parent's financial
declaration or information obtained therefrom, who knowingly
furnishes the declaration or information to a person not authorized
by law to receive it, is guilty of a misdemeanor.
(e) If a parent has been personally served with the order to show
cause and no appearance is made by the parent, or an attorney in his
or her behalf, at the hearing on the order to show cause, the court
may enter an order for the principal amount and continuing support in
the amount demanded in the petition.
If the parent appears at the hearing on the order to show cause,
the court may enter an order for the amount the court determines the
parent is financially able to pay.
(f) The court shall have continuing jurisdiction to modify any
order for continuing support entered pursuant to this section.
(g) As used in this section, "parent" includes any person
specified in Section 903, the estate of any such person, and the
estate of the minor person.
(h) The local child support agency may contract with another
county agency for the performance of any of the duties required by
this section.
903.41. (a) It is the intention of the Legislature that the family
law departments and juvenile departments of each superior court
coordinate determinations of parentage and the setting of support to
ensure that the State of California remains in compliance with
federal regulations for child support guidelines. The Legislature
therefore enacts this section for the purpose of ensuring a document
exchange between the family law departments and juvenile departments
of each superior court as necessary to administer the public social
services administered or supervised by the State Department of Social
Services.
(b) If the issue of paternity is raised during any hearings
pursuant to Section 300, 601, or 602, the court clerk shall notify
the local child support agency for an inquiry concerning any superior
court order or judgment which addresses the issue.
(1) If the local child support agency determines that a judgment
for parentage already exists, the local child support agency shall
obtain and forward certified copies of the judgment to the juvenile
court and the court shall take judicial notice thereof.
(2) If the local child support agency determines that the issue of
parentage has not been determined, the juvenile court may determine
the issue of parentage and, if it does so, shall give notice to the
local child support agency.
(c) If the court establishes paternity of a minor child, the court
clerk shall forward the order on a form to be adopted by the
Judicial Council to the local child support agency.
(d) If a child is receiving public assistance under the CalWORKs
program, or if it appears to the court that the child may receive
assistance under CalWORKs, the court shall direct the clerk of the
court to advise the local child support agency.
(e) The court shall advise the parent of the minor of the
possibility that the local child support agency may file an action
for support if the child receives CalWORKs, pursuant to Section 17402
of the Family Code.
903.45. (a) The board of supervisors may designate a county
financial evaluation officer pursuant to Section 27750 of the
Government Code to make financial evaluations of liability for
reimbursement pursuant to Sections 207.2, 903, 903.1, 903.2, 903.25,
903.3, and 903.5, and other reimbursable costs allowed by law, as set
forth in this section.
(b) In any county where a board of supervisors has designated a
county financial evaluation officer, the juvenile court shall, at the
close of the disposition hearing, order any person liable for the
cost of support, pursuant to Section 903, the cost of legal services
as provided for in Section 903.1, probation costs as provided for in
Section 903.2, or any other reimbursable costs allowed under this
code, to appear before the county financial evaluation officer for a
financial evaluation of his or her ability to pay those costs; and if
the responsible person is not present at the disposition hearing,
the court shall cite him or her to appear for such a financial
evaluation. In the case of a parent, guardian, or other person
assessed for the costs of transport, food, shelter, or care of a
minor under Section 207.2 or 903.25, the juvenile court shall, upon
request of the county probation department, order the appearance of
the parent, guardian, or other person before the county financial
evaluation officer for a financial evaluation of his or her ability
to pay the costs assessed.
If the county financial evaluation officer determines that a
person so responsible has the ability to pay all or part of the
costs, the county financial evaluation officer shall petition the
court for an order requiring the person to pay that sum to the county
or court, depending on which entity incurred the expense. If the
parent or guardian is liable for costs for legal services pursuant to
Section 903.1, the parent or guardian has been reunified with the
child pursuant to a court order, and the county financial evaluation
officer determines that repayment of the costs would harm the ability
of the parent or guardian to support the child, then the county
financial evaluation officer shall not petition the court for an
order of repayment, and the court shall not make that order. In
addition, if the parent or guardian is currently receiving
reunification services, and the court finds that repayment by the
parent or guardian will pose a barrier to reunification with the
child because it will limit the ability of the parent or guardian to
comply with the requirements of the reunification plan or compromise
the parent's or guardian's current or future ability to meet the
financial needs of the child, or in any case in which the court finds
that the repayment would be unjust under the circumstances of the
case, the court shall not order repayment by the parent or guardian.
In evaluating a person's ability to pay under this section, the
county financial evaluation officer and the court shall take into
consideration the family's income, the necessary obligations of the
family, and the number of persons dependent upon this income. Any
person appearing for a financial evaluation shall have the right to
dispute the county financial evaluation officer's determination, in
which case he or she shall be entitled to a hearing before the
juvenile court. The county financial evaluation officer at the time
of the financial evaluation shall advise such a person of his or her
right to a hearing and of his or her rights pursuant to subdivision
(c).
At the hearing, any person so responsible for costs shall be
entitled to have, but shall not be limited to, the opportunity to be
heard in person, to present witnesses and other documentary evidence,
to confront and cross-examine adverse witnesses, to disclosure of
the evidence against him or her, and to receive a written statement
of the findings of the court. The person shall have the right to be
represented by counsel, and, when the person is unable to afford
counsel, the right to appointed counsel. If the court determines that
the person has the ability to pay all or part of the costs,
including the costs of any counsel appointed to represent the person
at the hearing, the court shall set the amount to be reimbursed and
order him or her to pay that sum to the county or court, depending on
which entity incurred the expense, in a manner in which the court
believes reasonable and compatible with the person's financial
ability.
If the person or persons, after having been ordered to appear
before the county financial evaluation officer, have been given
proper notice and fail to appear as ordered, the county financial
evaluation officer shall recommend to the court that he, she, or they
be ordered to pay the full amount of the costs. Proper notice to
him, her, or them shall contain all of the following:
(1) That he, she, or they have a right to a statement of the costs
as soon as it is available.
(2) His, her, or their procedural rights under Section 27755 of
the Government Code.
(3) The time limit within which his, her, or their appearance is
required.
(4) A warning that if he, she, or they fail to appear before the
county financial evaluation officer, the officer will recommend that
the court order him, her, or them to pay the costs in full.
If the county financial evaluation officer determines that the
person or persons have the ability to pay all or a portion of these
costs, with or without terms, and he, she, or they concur in this
determination and agree to the terms of payments, the county
financial evaluation officer, upon his or her written evaluation and
the person's or persons' written agreement, shall petition the court
for an order requiring him, her, or them to pay that sum to the
county or the court in a manner which is reasonable and compatible
with his, her, or their financial ability. This order may be granted
without further notice to the person or persons, provided a copy of
the order is served on him, her, or them by mail.
However, if the county financial evaluation officer cannot reach
an agreement with the person or persons with respect to either the
liability for the costs, the amount of the costs, his, her, or their
ability to pay the same, or the terms of payment, the matter shall be
deemed in dispute and referred by the county financial evaluation
officer back to the court for a hearing.
(c) At any time prior to the satisfaction of a judgment entered
pursuant to this section, a person against whom the judgment was
entered may petition the rendering court to modify or vacate the
judgment on the basis of a change in circumstances relating to his or
her ability to pay the judgment.
(d) Execution may be issued on the order in the same manner as on
a judgment in a civil action, including any balance remaining unpaid
at the termination of the court's jurisdiction over the minor.
903.47. (a) The Judicial Council shall establish a program to
collect reimbursements from the person liable for the costs of
counsel appointed to represent parents or minors pursuant to Section
903.1 in dependency proceedings.
(1) As part of the program, the Judicial Council shall:
(A) Adopt a statewide standard for determining the ability to pay
reimbursements for counsel, which shall at a minimum include the
family's income, their necessary obligations, the number of
individuals dependent on this income, and the cost-effectiveness of
the program.
(B) Adopt policies and procedures allowing a court to recover from
the money collected the costs associated with collecting delinquent
reimbursements. The policies and procedures shall at a minimum limit
the amount of money a court may recover to a reasonable proportion of
the delinquent reimbursements collected and provide the terms and
conditions under which a court may use a third party to collect
delinquent reimbursements.
(2) The money collected shall be deposited as required by Section
68085.1 of the Government Code. Except as otherwise authorized by
law, the money collected under this program shall be utilized to
reduce caseloads, for attorneys appointed by the court, to the
caseload standard approved by the Judicial Council. Priority shall be
given to those courts with the highest attorney caseloads that also
demonstrate the ability to immediately improve outcomes for parents
and children as a result of lower attorney caseloads.
(b) The court may do either of the following:
(1) Designate a court financial evaluation officer to make
financial evaluations of liability for reimbursement pursuant to
Section 903.1.
(2) With the consent of the county and pursuant to the terms and
conditions agreed upon by the court and county, designate a county
financial evaluation officer to make financial evaluations of
liability for reimbursement pursuant to Section 903.1.
(c) In handling reimbursement of payments pursuant to Section
903.1, the court financial evaluation officer and the county
financial evaluation officer shall follow the procedures set forth
for county financial evaluation officers in subdivisions (b), (c),
and (d) of Section 903.45.
903.5. In addition to the requirements of Section 903.4, and
notwithstanding any other provision of law, the parent or other
person legally liable for the support of a minor, who voluntarily
places the minor in 24-hour out-of-home care, shall be liable for the
cost of the minor's care, support, and maintenance when the minor
receives Aid to Families with Dependent Children-Foster Care
(AFDC-FC), Supplemental Security Income-State Supplementary Program
(SSI-SSP), or county-only funds. As used in this section, "parent"
includes any person specified in Section 903. Whenever the county
welfare department or the placing agency determines that a court
order would be advisable and effective, the department or the agency
shall notify the local child support agency, or the financial
evaluation officer designated pursuant to Section 903.45, who shall
proceed pursuant to Section 903.4 or 903.45.
903.6. Funds collected pursuant to Sections 903, 903.4, and 903.5
shall be distributed in the following manner:
(a) If the program through which the minor is placed is a
county-funded program, the county shall retain 100 percent of the
funds collected. For the purposes of this subdivision, programs
funded in whole or part with county justices system subvention
program funds shall be considered to be 100 percent county funded.
(b) If the program through which the minor is placed is funded
partially with state or federal funds, the amounts collected shall be
distributed by the State Department of Social Services pursuant to
Section 11457 and incentives shall be paid pursuant to Sections
15200.1, 15200.2, and 15200.3.
903.7. (a) There is in the State Treasury the Foster Children and
Parent Training Fund. The moneys contained in the fund shall be used
exclusively for the purposes set forth in this section.
(b) For each fiscal year beginning with the 1981-82 fiscal year,
except as provided in Sections 15200.1, 15200.2, 15200.3, 15200.8,
and 15200.81, and Section 17704 of the Family Code, the Department of
Child Support Services shall determine the amount equivalent to the
net state share of foster care collections attributable to the
enforcement of parental fiscal liability pursuant to Sections 903,
903.4, and 903.5. On July 1, 1982, and every three months thereafter,
the department shall notify the Chancellor of the Community
Colleges, the Department of Finance, and the Superintendent of Public
Instruction of the above-specified amount. The Department of Child
Support Services shall authorize the quarterly transfer of any
portion of this amount for any particular fiscal year exceeding three
million seven hundred fifty thousand dollars ($3,750,000) of the net
state share of foster care collections to the Treasurer for deposit
in the Foster Children and Parent Training Fund, except that,
commencing with the 2002-03 fiscal year, a total of not more than
three million dollars ($3,000,000) may be transferred to the fund in
any fiscal year.
(c) (1) If sufficient moneys are available in the Foster Children
and Parent Training Fund, up to three million dollars ($3,000,000)
shall be allocated for the support of foster parent training programs
conducted in community colleges. The maximum amount authorized to be
allocated pursuant to this subdivision shall be adjusted annually by
a cost-of-living increase each year based on the percentage given to
discretionary education programs. Funds for the training program
shall be provided in a separate budget item in that portion of the
Budget Act pertaining to the Chancellor of the California Community
Colleges, to be deposited in a separate bank account by the
Chancellor of the California Community Colleges.
(2) The chancellor shall use these funds exclusively for foster
parent training, as specified by the chancellor in consultation with
the California State Foster Parents Association and the State
Department of Social Services.
(3) The plans for each foster parent training program shall
include the provision of training to facilitate the development of
foster family homes and small family homes to care for no more than
six children who have special mental, emotional, developmental, or
physical needs.
(4) The State Department of Social Services shall facilitate the
participation of county welfare departments in the foster parent
training program. The California State Foster Parents Association, or
the local chapters thereof, and the State Department of Social
Services shall identify training participants and shall advise the
chancellor on the form, content, and methodology of the training
program. Funds shall be paid monthly to the foster parent training
program until the maximum amount of funds authorized to be expended
for that program is expended. No more than 10 percent or seventy-five
thousand dollars ($75,000) of these moneys, whichever is greater,
shall be used for administrative purposes; of the 10 percent or
seventy-five thousand dollars ($75,000), no more than ten thousand
dollars ($10,000) shall be expended to reimburse the State Department
of Social Services for its services pursuant to this paragraph.
(d) Beginning with the 1983-84 fiscal year, and each fiscal year
thereafter, after all allocations for foster parent training in
community colleges have been made, any moneys remaining in the Foster
Children and Parent Training Fund may be allocated for foster
children services programs pursuant to Chapter 11.3 (commencing with
Section 42920) of Part 24 of the Education Code.
(e) (1) The Controller shall transfer moneys from the Foster
Children and Parent Training Fund to the Chancellor of the California
Community Colleges and the Superintendent of Public Instruction as
necessary to fulfill the requirements of subdivisions (c) and (d).
(2) After the maximum amount authorized in any fiscal year has
been transferred to the Chancellor of the California Community
Colleges and the Superintendent of Public Instruction, the Controller
shall transfer any remaining funds to the General Fund for
expenditure for any public purpose.
(f) This section shall be operative until June 30, 2005, and
thereafter is operative only if specified in the annual Budget Act or
in another statute.
903.8. (a) Beginning January 1, 1994, the State Department of
Social Services shall develop and implement an enhanced statewide
basic foster parent training program. It is the intent of the
Legislature to fund this program by allocating unexpended child
welfare services funds from the 1992-93 fiscal year to support a two
and one-half year training curricula development.
(b) During this two and one-half year period, the State Department
of Social Services shall do all of the following, in cooperation
with foster parents and representatives from county placement
agencies and other foster care providers:
(1) Complete a comprehensive survey of existing foster parent
training curricula and resources, evaluate the existing foster parent
training delivery system and explore alternative delivery models,
complete a needs assessment of foster parents, and develop and
implement a statewide core curriculum.
(2) Develop and implement curricula for, teenage pregnancy
prevention and other special needs topics, as identified in the needs
assessment, to supplement the core curriculum. The teenage pregnancy
prevention topics shall be based upon public health fact-based
materials and programs. Curricula for teenage pregnancy prevention
shall emphasize that abstinence from sexual intercourse is the only
protection that is 100 percent effective against unwanted teenage
pregnancy, sexually transmitted diseases, and acquired immune
deficiency syndrome (AIDS) when transmitted sexually, and that all
other methods of contraception carry a risk of failure in preventing
unwanted teenage pregnancy. The curricula shall:
(A) Include statistics based on the latest medical information
citing the failure and success rates of condoms and other
contraceptives in preventing pregnancy.
(B) Stress that sexually transmitted diseases are serious possible
hazards of sexual intercourse, and shall include statistics based on
the latest medical information citing the failure and success rates
of condoms in preventing AIDS and other sexually transmitted
diseases.
(C) Include a discussion of the possible emotional and
psychological consequences of preadolescent and adolescent sexual
intercourse outside of marriage and the consequences of unwanted
adolescent pregnancy.
(3) Evaluate the current foster parent training funding formula
and explore funding alternatives to ensure that a permanent and
adequate funding source is available.
(4) Evaluate current recruitment strategies and facilitate the
expansion of recruitment activities, especially targeting minority
families for the promotion of the placement of minority youth with
trained and culturally competent families of the same ethnicity and
cultural background.
(5) In its foster parent recruitment and training effort, place
special emphasis on the recruitment of prospective foster parents
willing to accept sibling placements and the training of foster
parents to ensure they are able and ready to care for a sibling
group.
(c) It is not the intent of the Legislature and nothing in this
section shall be construed as requiring foster parents to participate
in this training program in whole or in part.
904. The monthly or daily charge, not to exceed cost, for care,
support, and maintenance of minor persons placed or detained in or
committed to any institution by order of a juvenile court, the cost
of delinquency-related legal services referred to by Section 903.1,
the cost of probation supervision referred to by Section 903.2, and
the cost of sealing records in county or local agency custody
referred to by Section 903.3 shall be determined by the board of
supervisors. The cost of dependency-related legal services referred
to by Section 903.1 and the cost of sealing records in court custody
referred to by Section 903.3 shall be determined by the court. Any
determination made by a court under this section shall be valid only
if either (1) made under procedures adopted by the Judicial Council
or (2) approved by the Judicial Council.
911. No order for payment from the county treasury of the expense
of support and maintenance of a ward or dependent child of the
juvenile court shall be effective for more than 12 months, and no
order for payment from the county treasury of the expense of support
and maintenance of a minor person concerning whom a verified petition
has been filed in accordance with the provision of this chapter,
other than a ward or dependent child of the court, shall be effective
for more than one month. Upon all hearings of the case of any ward
or dependent child of the juvenile court, the case shall be continued
on the calendar, but in no instance to exceed 12 months.
When any ward of the juvenile court is, with the consent of the
juvenile court of the county committing him and the officer in charge
of the state school to which he was committed or in which he is
confined, placed in a boarding home, foster home, or work home, but
continues to be under the supervision of such state school, the
county may reimburse the boarding home, foster home, or work home in
an amount adequate for the maintenance of the ward, but not to exceed
twenty-five dollars ($25) per month.
912. Effective July 1, 2003, for each person committed to the
Department of the Youth Authority, the county from which he or she is
committed shall pay the state one hundred seventy-six dollars ($176)
per month for the time that person remains in any institution under
the direct supervision of the Department of the Youth Authority, or
in any institution, boarding home, foster home, or other private or
public institution in which he or she is placed by the Department of
the Youth Authority, on parole or otherwise, and cared for and
supported at the expense of the Department of the Youth Authority.
This section applies to any person committed to the Department of the
Youth Authority by a juvenile court, including persons committed to
the Department of the Youth Authority prior to July 1, 2003, who on
or after July 1, 2003, remain in or return to the facilities
described in this section.
The Department of the Youth Authority shall present to the county,
not more frequently than monthly, a claim for the amount due the
state under this section, which the county shall process and pay
pursuant to Chapter 4 (commencing with Section 29700) of Division 3
of Title 3 of the Government Code.
912.1. (a) The Department of the Youth Authority shall present to
each county, not more frequently than monthly, a statement of per
capita institutional cost.
(b) As of July 1, 2003, "per capita institutional cost," as used
in this section and Section 912.5, means thirty-six thousand five
hundred four dollars ($36,504).
(c) The "per capita institutional cost" set forth in subdivision
(b) shall be adjusted annually, on July 1, to reflect any increases
in the California Consumer Price Index for All Urban Consumers, as
published by the California Department of Industrial Relations, based
on regional data from the United States Department of Labor, Bureau
of Labor Statistics.
912.5. (a) For each person committed to the Department of the Youth
Authority by a juvenile court on or after January 1, 1997, the
county from which he or she is committed shall pay the state the
following rate:
(1) If the offense on which the commitment is based is listed in
Section 4955 of Title 15 of the California Code of Regulations, the
rate is 50 percent of the per capita institutional cost of the
Department of the Youth Authority.
(2) If the offense on which the commitment is based is listed in
Section 4956 of Title 15 of the California Code of Regulations, the
rate is 75 percent of the per capita institutional cost of the
Department of the Youth Authority.
(3) If the offense on which the commitment is based is listed in
Section 4957 of Title 15 of the California Code of Regulations, the
rate is 100 percent of the per capita institutional cost of the
Department of the Youth Authority.
(b) For purposes of this section, "the offense on which the
commitment is based" means any offense that has been sustained by the
juvenile court and that is included in the determination of the
maximum term of imprisonment by the juvenile court pursuant to
Section 731.
(c) For purposes of this section, the charge against the county
shall not apply to periods of confinement that are solely pursuant to
a revocation of parole by the Youthful Offender Parole Board.
(d) The charge against the county prescribed by this section shall
be in lieu of the charge prescribed by Section 912 and not in
addition to that charge.
(e) The Department of the Youth Authority shall present to the
county, not more frequently than monthly, a claim for the amount due
the state under this section, which the county shall process and pay
pursuant to the provisions of Chapter 4 (commencing with Section
29700) of Division 3 of Title 3 of the Government Code.
(f) The Department of the Youth Authority shall adopt emergency
regulations for implementation of this section.
913. When any person has been adjudged to be a ward or dependent
child of the juvenile court, and the court has made an order
committing such person to the care of any association, society, or
corporation, embracing within its objects the purpose of caring for
or obtaining homes for such persons, the county in which such person
has been committed may contract with such custodian, for the
supervision, investigation, and rehabilitation of such person by such
custodian, and may, pursuant to such contract, pay to it an amount
determined by mutual agreement, not to exceed the cost to such
custodian of such service.
914. As used in this article, "expense for support and maintenance"
includes the reasonable value of any medical services furnished to
the ward or dependent child at the county hospital or at any other
county institution, or at any private hospital or by any private
physician with the approval of the juvenile court of the county
concerned, and the reasonable value of the support of the ward or
dependent child at any juvenile hall established pursuant to the
provisions of Article 23 (commencing with Section 850) of this
chapter or the reasonable value of the ward's support at any forestry
camp, juvenile home, ranch, or camp established within or without
the county pursuant to the provisions of Article 24 (commencing with
Section 880) of this chapter.
