SB552 - Juveniles: wards: case plans.

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION Senate Bill No. 552 Introduced by Senator Cortese February 20, 2025 An act to amend Sections 706, 727, and 727.05 of, and to add Sections 706.2 and 727.06 to, the Welfare and Institutions Code, relating to juveniles. LEGISLATIVE COUNSEL'S DIGEST SB 552, as introduced, Cortese. Juveniles: wards: case plans. Under existing law, a minor who is 12 to 17 years of age when they violate any criminal law in this state, except an ordinance establishing a curfew based solely on age, or a minor under 12 years of age if they commit certain serious offenses, is within the jurisdiction of the juvenile court, which may adjudge the person a ward of the court. Existing law requires, after finding that the minor is within the jurisdiction of the juvenile court, the court to hear evidence on the question of the proper disposition to be made of the minor and requires the court to receive in evidence a social study of the minor made by the probation officer. Existing law requires, when the probation officer recommends the minor to be placed in foster care, or if the minor is already in foster care placement or pending placement pursuant to an earlier order, the social study to include a case plan with specified components. This bill would also require a case plan, with specified components, to be developed and included in the social study in cases in which the probation officer recommends wardship and either does not recommend removal of the minor from their parent or guardian, or recommends commitment of the minor to a juvenile home, ranch, camp, forestry camp, or juvenile hall. The bill would also require the court to order a minor to comply with any case plan that is developed and to review the ward’s progress toward meeting the goals in a case plan at a hearing no less than once every 6 months. By increasing the duties of county probation officers, this bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to the statutory provisions noted above. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YES Bill Text The people of the State of California do enact as follows: SECTION 1. Section 706 of the Welfare and Institutions Code is amended to read: 706. After finding that a minor is a person described in Section 601 or 602, the court shall hear evidence on the question of the proper disposition to be made of the minor. The court shall receive in evidence the social study of the minor made by the probation officer and any other relevant and material evidence that may be offered, including any written or oral statement offered by the victim, the parent or guardian of the victim if the victim is a minor, or if the victim has died or is incapacitated, the victim’s next of kin, as authorized by subdivision (b) of Section 656.2. In addition, if the probation officer has recommended that the minor be transferred to the Department of Corrections and Rehabilitation, Division of Juvenile Justice pursuant to an adjudication for an offense requiring him or her the minor to register as a sex offender pursuant to Section 290.008 of the Penal Code, the SARATSO selected pursuant to subdivision (d) of Section 290.04 of the Penal Code shall be used to assess the minor, and the court shall receive that risk assessment score into evidence. If the probation officer has recommended that the minor be adjudged a ward of the court, the social study shall include a case plan, as required by either Section 706.2 or by Sections 706.5 and 706.6. In any judgment and order of disposition, the court shall state that the social study and case plan made by the probation officer has have been read and that the social study study, case plan, and any statement has made by the victim have been considered by the court. SEC. 2. Section 706.2 is added to the Welfare and Institutions Code, to read: 706.2. (a) Services to minors are best provided in a framework that integrates service planning and delivery among multiple service systems, including the mental health system, using a team-based approach, such as a child and family team. A child and family team brings together individuals that engage with the child or youth and family in assessing, planning, and delivering services. Use of a team approach increases efficiency, and thus reduces cost, by increasing coordination of formal services and integrating the natural and informal supports available to the child or youth and family. (b) (1) For the purposes of this section, “child and family team” has the same meaning as in paragraph (4) of subdivision (a) of Section 16501. (2) In its development of the case plan, the probation agency shall consider and document any recommendations of the child and family team, as defined in paragraph (4) of subdivision (a) of Section 16501. The agency shall document the rationale for any inconsistencies between the case plan and the child and family team recommendations. (c) If wardship is recommended by the probation officer, but they do not recommend removal of the minor from their parent or guardian, or they recommend commitment of the minor to a juvenile home, ranch, camp, forestry camp, or juvenile hall pursuant to Section 730, the social study prepared by the probation officer that is received into evidence at disposition pursuant to Section 706 shall include a case plan, as described in this section. The case plan shall either be attached to the social study or incorporated as a separate section within the social study. The court shall review and consider the case plan. After receiving input from the parties regarding the case plan, the court may modify the case plan to meet the individualized needs of the minor or nonminor. (d) If wardship is not recommended by the probation officer prior to disposition, but the court orders wardship, the court shall order the probation officer to prepare a case plan, as described in this section, within 30 judicial days of the wardship order. The case plan shall be filed with the court. (e) The case plan shall include, but not be limited to, the following information: (1) Specific time-limited goals and related services and activities designed to meet the minor’s or nonminor’s rehabilitative and accountability needs. (2) Input from the minor and family regarding the needs of the minor, and services and activities to enhance the minor’s satisfactory completion of probation. (3) Assignment of the specific persons or agency responsible for carrying out the planned services and activities related to each case plan objective. (4) The projected date of completion of the case plan objectives. (5) A statement that the parent or legal guardian and the minor have had an opportunity to participate in the development of the case plan, to review the case plan, to sign the case plan, and to receive a copy of the plan, or an explanation about why the parent, legal guardian, or minor was not able to participate in or sign the case plan. (f) Prior to each review hearing, the probation officer shall update the case plan required by this section. Each updated case plan shall include a description of the minor’s progress, a description of services that have been provided to the minor under the plan, and an evaluation of the appropriateness and effectiveness of those services. SEC. 3. Section 727 of the Welfare and Institutions Code is amended to read: 727. (a) (1) If a minor or nonminor is adjudged a ward of the court on the ground that the minor or nonminor is a person described by Section 601 or 602, the court may make any reasonable orders for the care, supervision, custody, conduct, maintenance, and support of the minor or nonminor, including medical treatment, subject to further order of the court. (2) In the discretion of the court, a ward may be ordered to be on probation without supervision of the probation officer. The court, in so ordering, may impose on the ward any and all reasonable conditions of behavior as may be appropriate under this disposition. A minor or nonminor who has been adjudged a ward of the court on the basis of the commission of any of the offenses described in subdivision (b) or paragraph (2) of subdivision (d) of Section 707, Section 459 of the Penal Code, or subdivision (a) of Section 11350 of the Health and Safety Code, shall not be eligible for probation without supervision of the probation officer. A minor or nonminor who has been adjudged a ward of the court on the basis of the commission of an offense involving the sale or possession for sale of a controlled substance, except misdemeanor offenses involving marijuana, as specified in Chapter 2 (commencing with Section 11053) of Division 10 of the Health and Safety Code, or of an offense in violation of Section 32625 of the Penal Code, shall be eligible for probation without supervision of the probation officer only if the court determines that the interests of justice would best be served and states reasons on the record for that determination. (3) If a case plan is required pursuant to Section 706.2 or pursuant to Sections 706.5 and 706.6, the court shall order the ward to comply with the case plan. (3) (4) In all other cases, the court shall order the care, custody, and control of the minor or nonminor to be under the supervision of the probation officer. (4) (5) It is the responsibility, pursuant to Section 672(a)(2)(B) of Title 42 of the United States Code, of the probation agency to determine the appropriate placement for the ward once the court issues a placement order. In determination of the appropriate placement for the ward, the probation officer shall consider any recommendations of the child and family. In an Indian child custody proceeding as defined in subdivision (d) of Section 224.1, the provisions of Section 361.31 shall apply. The probation agency may place the minor or nonminor in any of the following: (A) The approved home of a relative or the approved home of a nonrelative, extended family member as defined in Section 362.7, or, in an Indian child custody proceeding, an extended family member as defined in paragraph (1) of subdivision (c) of Section 224.1. If a decision has been made to place the minor in the home of a relative, the court may authorize the relative to give legal consent for the minor’s medical, surgical, and dental care and education as if the relative caregiver were the custodial parent of the minor. (B) A foster home, the approved home of a resource family as defined in Section 16519.5, a tribally approved home as described by subdivision (r) of Section 224.1 and Section 10553.12, or a home or facility as described in Section 361.31 and Section 105 of the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1915). (C) A suitable licensed community care facility, as identified by the probation officer, except a youth homelessness prevention center licensed by the State Department of Social Services pursuant to Section 1502.35 of the Health and Safety Code. (D) A foster family agency, as defined in subdivision (g) of Section 11400 and paragraph (4) of subdivision (a) of Section 1502 of the Health and Safety Code, in a suitable certified family home or with a resource family. (E) A minor or nonminor dependent may be placed in a group home vendored by a regional center pursuant to Section 56004 of Title 17 of the California Code of Regulations or a short-term residential therapeutic program, as defined in subdivision (ad) of Section 11400 and paragraph (18) of subdivision (a) of Section 1502 of the Health and Safety Code. The placing agency shall also comply with requirements set forth in paragraph (9) of subdivision (e) of Section 361.2, that includes, but is not limited to, authorization, limitation on length of stay, extensions, and additional requirements related to minors. For youth 13 years of age or older, the chief probation officer of the county probation department, or their designee, shall approve the placement if it is longer than 12 months, and no less frequently than every 12 months thereafter. (F) (i) A minor adjudged a ward of the juvenile court shall be entitled to participate in age-appropriate extracurricular, enrichment, and social activities. A state or local regulation or policy shall not prevent, or create barriers to, participation in those activities. Each state and local entity shall ensure that private agencies that provide foster care services to wards have policies consistent with this section and that those agencies promote and protect the ability of wards to participate in age-appropriate extracurricular, enrichment, and social activities. A short-term residential therapeutic program or a group home administrator, a facility manager, or their responsible designee, and a caregiver, as defined in paragraph (1) of subdivision (a) of Section 362.04, shall use a reasonable and prudent parent standard, as defined in paragraph (2) of subdivision (a) of Section 362.04, in determining whether to give permission for a minor residing in foster care to participate in extracurricular, enrichment, and social activities. A short-term residential therapeutic program or a group home administrator, a facility manager, or their responsible designee, and a caregiver shall take reasonable steps to determine the appropriateness of the activity taking into consideration the minor’s age, maturity, and developmental level. For every minor placed in a setting described in subparagraphs (A) through (E), inclusive, age-appropriate extracurricular, enrichment, and social activities shall include access to computer technology and the internet. (ii) A short-term residential therapeutic program or a group home administrator, facility manager, or their responsible designee, is encouraged to consult with social work or treatment staff members who are most familiar with the minor at the group home or short-term residential therapeutic program in applying and using the reasonable and prudent parent standard. (G) For nonminors, an approved supervised independent living setting, as defined in Section 11400, including a residential housing unit certified by a licensed transitional housing placement provider. (5) (6) The minor or nonminor shall be released from juvenile detention upon an order being entered under paragraph (3), (4), unless the court determines that a delay in the release from detention is reasonable pursuant to Section 737. (b) (1) To facilitate coordination and cooperation among agencies, the court may, at any time after a petition has been filed, after giving notice and a [Text truncated for display. 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