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AB-2838 Juveniles: dual status children.(2019-2020)

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Date Published: 02/20/2020 09:00 PM
AB2838:v99#DOCUMENT


CALIFORNIA LEGISLATURE— 2019–2020 REGULAR SESSION

Assembly Bill
No. 2838

Introduced by Assembly Member Eggman

February 20, 2020

An act to amend Section 241.2 of the Welfare and Institutions Code, relating to juveniles.


LEGISLATIVE COUNSEL'S DIGEST


AB 2838, as introduced, Eggman. Juveniles: dual status children.
Existing law establishes the jurisdiction of the juvenile court, which may adjudge a child to be a dependent of the court under certain circumstances, including when the child has suffered abuse or neglect, as specified. Existing law also authorizes the juvenile court to adjudge any minor between 12 years of age and 17 years of age, inclusive, to be a ward of the court if the minor has violated criminal or other specified statutes.
Existing law requires the probation department and child welfare service department in each county to jointly develop a written protocol, as specified, to ensure appropriate local coordination in the assessment of a minor who appears to come within the description of both a dependent child and a ward of the juvenile court. Existing law requires the State Department of Social Services to issue instructions to all counties on how to completely and consistently track the involvement of these youth in both the child welfare system and the juvenile justice system.
Existing law, commencing July 1, 2020, abolishes the Division of Juvenile Justice and replaces it with the Department of Youth and Community Restoration in the California Health and Human Services Agency.
This bill would require the California Health and Human Services Agency to, on or before January 1, 2023, coordinate the efforts of the State Department of Social Services and the Department of Youth and Community Restoration to implement a common identifier for counties to use to reconcile data across child welfare and juvenile justice systems statewide.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: NO  

The people of the State of California do enact as follows:


SECTION 1.

 Section 241.2 of the Welfare and Institutions Code is amended to read:
241.2.

(a)The Judicial Council shall convene a committee comprised of stakeholders involved in serving the needs of dependents or wards of the juvenile court, including, but not limited to, judges, probation officers, social workers, youth involved in both the child welfare system and the juvenile justice system, child welfare and juvenile justice attorneys, child welfare and juvenile justice advocates, education officials, and representatives from the State Department of Social Services, county child welfare agencies, and county probation departments. By January 1, 2018, the committee shall develop and report to the Legislature, pursuant to Section 9795 of the Government Code, its recommendations to facilitate and enhance comprehensive data and outcome tracking for the state’s youth involved in both the child welfare system and the juvenile justice system. The committee’s recommendations shall include, but not be limited to, all of the following:

(1)A common identifier for counties to use to reconcile data across child welfare and juvenile justice systems statewide.

(2)Standardized definitions for terms related to the populations of youth involved in both the child welfare system and the juvenile justice system.

(3)Identified and defined outcomes for counties to track youth involved in both the child welfare system and the juvenile justice system, including, but not limited to, outcomes related to recidivism, health, pregnancy, homelessness, employment, and education.

(4)Established baselines and goals for the identified and defined outcomes specified in paragraph (3).

(5)An assessment as to the costs and benefits associated with requiring all counties to implement the committee’s recommendations.

(6)An assessment of whether a single technology system, including, but not limited to, the State Department of Social Services’ Child Welfare Services/Case Management System (CWS/CMS) or the Child Welfare Services-New System (CWS-NS), is needed to track youth in the child welfare system and the juvenile justice system.

(b)

241.2.
 (a) The State Department of Social Services shall, on or before January 1, 2019, implement a function within the applicable case management system that will enable county child welfare agencies and county probation departments to identify youth involved in both the child welfare system and the juvenile justice system who are within their counties and shall issue instructions to all counties on how to completely and consistently track the involvement of these youth in both the child welfare system and the juvenile justice system.
(b) On or before January 1, 2023, the California Health and Human Services Agency shall coordinate the efforts of the State Department of Social Services and the Department of Youth and Community Restoration to implement a common identifier for counties to use to reconcile data across child welfare and juvenile justice systems statewide.