SB357 - Juveniles: delinquency.

Amended IN Assembly July 17, 2025 Amended IN Senate May 29, 2025 Amended IN Senate April 10, 2025 CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION Senate Bill No. 357 Introduced by Senator Menjivar (Principal coauthor: Assembly Member Bryan) February 12, 2025 An act to amend Section 27771 of the Government Code, and to amend Section 827 of, and to add Section 272.5 to, the Welfare and Institutions Code, relating to juveniles. LEGISLATIVE COUNSEL'S DIGEST SB 357, as amended, Menjivar. Juveniles: delinquency. Existing law subjects a minor between 12 and 17 years of age, who violates any federal, state, or local law or ordinance, and a minor under 12 years of age who is alleged to have committed specified serious offenses, to the jurisdiction of the juvenile court, which may adjudge the minor to be a ward of the court. Existing law also establishes the transition jurisdiction or the juvenile court and subjects certain minors who are older than 17 years and 5 months of age and younger than 18 years of age, and certain nonminors who are older than 18 years of age and less than 21 years of age, who were wards of the juvenile court and in foster care placement to that jurisdiction. Existing law assigns various responsibilities relating to these individuals to the probation officer, including, among others, the responsibility to supervise minors placed on probation. Existing law requires every county to appoint a chief probation officer and requires the chief probation officer to perform the duties and discharge the obligations imposed on the office by law or by order of the superior court, including, among other things, community supervision of the minors described above and the operation of juvenile halls, camps, and ranches, pursuant to specified provisions. This bill would authorize the board of supervisors in a county with a population of at least 6,000,000 people to, except as specified, delegate to a county official who has jurisdiction over youth development development, diversion, and reentry all or part of the duties and authorities concerning these individuals, including community supervision and the operation of juvenile halls, camps, and ranches. individuals, as specified. The bill would require the county board of supervisors to delegate all or part of these duties and authorities to a county official that is part of a collective bargaining unit. Existing law generally limits access to juvenile case files, as defined. Existing law authorizes only certain individuals to inspect a juvenile case file, including, among others, the county counsel, city attorney, or any other attorney representing the petitioning agency in a dependency action. This bill would additionally authorize county officials who have been delegated duties, authorities, or both, as described above, to inspect a juvenile case file. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill Text The people of the State of California do enact as follows: SECTION 1. Section 27771 of the Government Code is amended to read: 27771. (a) Except as provided in subdivision (b), the chief probation officer shall perform the duties and discharge the obligations imposed on the office by law or by order of the superior court, including the following: (1) Community supervision of offenders subject to the jurisdiction of the juvenile court pursuant to Section 602 or 1766 of the Welfare and Institutions Code. (2) Operation of juvenile halls pursuant to Section 852 of the Welfare and Institutions Code. (3) Operation of juvenile camps and ranches established under Section 880 of the Welfare and Institutions Code. (4) Community supervision of individuals subject to probation pursuant to conditions imposed under Section 1203 of the Penal Code. (5) Community supervision of individuals subject to mandatory supervision pursuant to subparagraph (B) of paragraph (5) of subdivision (h) of Section 1170 of the Penal Code. (6) Community supervision of individuals subject to postrelease community supervision pursuant to Section 3451 of the Penal Code. (7) Administration of community-based corrections programming, including, but not limited to, programs authorized by Chapter 3 (commencing with Section 1228) of Title 8 of Part 2 of the Penal Code. (8) Serving as chair of the Community Corrections Partnership pursuant to Section 1230 of the Penal Code. (9) Making recommendations to the court, including, but not limited to, pre-sentence investigative reports pursuant to Sections 1203.7 and 1203.10 of the Penal Code. (b) (1) Notwithstanding any other law, and except as provided in paragraph (2), the board of supervisors in a county with a population of at least 6,000,000 people may delegate to a county official who has jurisdiction over youth development development, diversion, and reentry all or part of the duties and authorities concerning individuals who are under the jurisdiction of the juvenile court pursuant to Section 450, 601, or 602 of the Welfare and Institutions Code, including the duties and obligations as described in paragraphs (1) to (2) and (3), inclusive, of subdivision (a). The county board of supervisors shall delegate all or part of these duties and authorities to a county official that is part of a collective bargaining unit. Nothing in this subdivision shall result in the loss of represented staff currently employed by a county probation department without cause or prohibit any staff or department from performing duties delegated to it by the county board of supervisors. (2) The board of supervisors shall not delegate pursuant to paragraph (1) a duty or authority that any law requires to be undertaken by a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code. (c) The chief probation officer may perform other duties that are consistent with those enumerated in subdivision (a) and may accept appointment to the Board of State and Community Corrections and collect the per diem authorized by Section 6025.1 of the Penal Code. SEC. 2. Section 272.5 is added to the Welfare and Institutions Code, to read: 272.5. (a) Notwithstanding any other law, and except as provided in subdivision (b), the board of supervisors in a county with a population of at least 6,000,000 people may delegate to a county official who has jurisdiction over youth development development, diversion, and reentry all or part of the duties and authorities concerning individuals who are under the jurisdiction of the juvenile court pursuant to Section 450, 601, or 602, including the duties and obligations as described in paragraphs (1) to (3), (2) and (3), inclusive, of subdivision (a) of Section 27771 of the Government Code. The county board of supervisors shall delegate all or part of these duties and authorities to a county official that is part of a collective bargaining unit. Nothing in this subdivision shall result in the loss of represented staff currently employed by a county probation department without cause or prohibit any staff or department from performing duties delegated to it by the county board of supervisors. (b) The board of supervisors shall not delegate pursuant to subdivision (a) a duty or authority that any law requires to be undertaken by a peace officer, as defined in Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code. SEC. 3. Section 827 of the Welfare and Institutions Code is amended to read: 827. (a) (1) Except as provided in Section 828, a case file may be inspected only by the following: (A) Court personnel. (B) The district attorney, a city attorney, or city prosecutor authorized to prosecute criminal or juvenile cases under state law. (C) The minor who is the subject of the proceeding. (D) The minor’s parent or guardian. (E) The attorneys for the parties, judges, referees, other hearing officers, probation officers, county officials who have been delegated duties, authorities, or both pursuant to Section 272.5 of this code and subdivision (b) of Section 27771 of the Government Code, and law enforcement officers who are actively participating in criminal or juvenile proceedings involving the minor. (F) The county counsel, city attorney, or any other attorney representing the petitioning agency in a dependency action. (G) The superintendent or designee of the school district where the minor is enrolled or attending school. (H) Members of the child protective agencies as described in Section 11165.9 of the Penal Code. (I) The State Department of Social Services, to carry out its duties pursuant to Division 9 (commencing with Section 10000) of this code and Part 5 (commencing with Section 7900) of Division 12 of the Family Code to oversee and monitor county child welfare agencies, children in foster care or receiving foster care assistance, and out-of-state placements, Section 10850.4, and paragraph (2). (J) (i) Authorized staff who are employed by, or authorized staff of entities who are licensed by, the State Department of Social Services, as necessary to the performance of their duties related to resource family approval, and authorized staff who are employed by the State Department of Social Services as necessary to inspect, approve, or license, and monitor or investigate community care facilities or resource families, and to ensure that the standards of care and services provided in those facilities are adequate and appropriate, and to ascertain compliance with the rules and regulations to which the facilities are subject. (ii) The confidential information shall remain confidential except for purposes of inspection, approval or licensing, or monitoring or investigation pursuant to Chapter 3 (commencing with Section 1500) and Chapter 3.4 (commencing with Section 1596.70) of Division 2 of the Health and Safety Code and Article 2 (commencing with Section 16519.5) of Chapter 5 of Part 4 of Division 9. The confidential information may also be used by the State Department of Social Services in a criminal, civil, or administrative proceeding. The confidential information shall be available only to the judge or hearing officer and to the parties to the case. Names that are confidential shall be listed in attachments separate to the general pleadings. The confidential information shall be sealed after the conclusion of the criminal, civil, or administrative hearings, and may not subsequently be released except in accordance with this subdivision. If the confidential information does not result in a criminal, civil, or administrative proceeding, it shall be sealed after the State Department of Social Services determines that no further action will be taken in the matter. Except as otherwise provided in this subdivision, confidential information shall not contain the name of the minor. (K) Members of children’s multidisciplinary teams, persons, or agencies providing treatment or supervision of the minor. (L) A judge, commissioner, or other hearing officer assigned to a family law case with issues concerning custody or visitation, or both, involving the minor, and the following persons, if actively participating in the family law case: a family court mediator assigned to a case involving the minor pursuant to Article 1 (commencing with Section 3160) of Chapter 11 of Part 2 of Division 8 of the Family Code, a court-appointed evaluator or a person conducting a court-connected child custody evaluation, investigation, or assessment pursuant to Section 3111 or 3118 of the Family Code, and counsel appointed for the minor in the family law case pursuant to Section 3150 of the Family Code. Prior to allowing counsel appointed for the minor in the family law case to inspect the file, the court clerk may require counsel to provide a certified copy of the court order appointing the minor’s counsel. (M) When acting within the scope of investigative duties of an active case, a statutorily authorized or court-appointed investigator who is conducting an investigation pursuant to Section 7663, 7851, or 9001 of the Family Code, or who is actively participating in a guardianship case involving a minor pursuant to Part 2 (commencing with Section 1500) of Division 4 of the Probate Code and acting within the scope of the investigator’s duties in that case. (N) A local child support agency for the purpose of establishing paternity and establishing and enforcing child support orders. (O) Juvenile justice commissions as established under Section 225. The confidentiality provisions of Section 10850 shall apply to a juvenile justice commission and its members. (P) The Department of Justice, to carry out its duties pursuant to Sections 290.008 and 290.08 of the Penal Code as the repository for sex offender registration and notification in California. (Q) Any other person who may be designated by court order of the judge of the juvenile court upon filing a petition. (R) A probation officer who is preparing a report pursuant to Section 1178 on behalf of a person who was in the custody of the Department of Corrections and Rehabilitation, Division of Juvenile Justice and who has petitioned the Board of Juvenile Hearings for an honorable discharge. (S) (i) The attorneys in an administrative hearing involving the minor or nonminor only as necessary to meet the requirements of Sections 10952 and 10952.5. (ii) The confidential information shall remain confidential for purposes of the administrative proceeding. The confidential information shall be available only to the judge or hearing officer and to the parties to the case. The confidential information shall be sealed after the conclusion of the administrative hearing, and shall not subsequently be released except in accordance with this subdivision. (T) Personnel of the State Department of Social Services, to carry out the duties of the department pursuant to paragraph (1) of subdivision (c) of Section 9100 of the Family Code or paragraph (3) of subdivision (e) of Section 366.26. (U) Personnel of the Office of Youth and Community Restoration, to carry out the duties of the office pursuant to Sections 2200, 2200.2, 2200.5, and 2200.7. (V) The attorney representing a person who is, or was, subject to juvenile proceedings under Section 601 or 602. (2) (A) Notwithstanding any other law, and subject to subparagraph (A) of paragraph (3), juvenile case files, except those relating to matters within the jurisdiction of the court pursuant to Section 601 or 602, that pertain to a deceased child who was within the jurisdiction of the juvenile court pursuant to Section 300, shall be released to the public pursuant to an order by the juvenile court after a petition has been filed and interested parties have been afforded an opportunity to file an objection. Any information relating to another child or that could identify another child, except for information about the deceased, shall be redacted from the juvenile case file prior to release, unless a specif [Text truncated for display. Full text available on Congress.gov.]