California Welfare and Institutions Code 727.12 – (a) (1) For a placement made on and after October 1, 2021, …
(a) (1) For a placement made on and after October 1, 2021, each placement of the minor or nonminor dependent in a short-term residential therapeutic program, including the initial placement and each subsequent placement into a short-term residential therapeutic program, shall be reviewed by the court within 45 days of the start of placement in accordance with this section. In no event shall the court grant a continuance pursuant to Section 682 that would cause the review to be completed more than 60 days after the start of the placement.
(2) For a placement made on and after July 1, 2022, each placement of the minor or nonminor dependent in a community treatment facility, including the initial placement and each subsequent placement into a community treatment facility, shall be reviewed by the court within 45 days of the start of placement in accordance with this section. In no event shall the court grant a continuance pursuant to Section 682 that would cause the review to be completed more than 60 days after the start of the placement.
Terms Used In California Welfare and Institutions Code 727.12
- Active efforts: means affirmative, active, thorough, and timely efforts intended primarily to maintain or reunite an Indian child with their family. See California Welfare and Institutions Code 224.1
- Continuance: Putting off of a hearing ot trial until a later time.
- Dependent: A person dependent for support upon another.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
(b) (1) At any time after the decision to place a minor or nonminor dependent into a short-term residential therapeutic program or a community treatment facility has been made, but no later than five calendar days following each placement, the probation officer shall request the juvenile court to schedule a hearing to review the placement.
(2) The probation officer shall serve a copy of the request on all parties to the delinquency proceeding, the minor’s court-appointed special advocate, if applicable, and the minor’s tribe in the case of an Indian child to whom subparagraph (E) of paragraph (1) of subdivision (d) of Section 224.1 applies.
(c) (1) The probation officer shall prepare and submit a report that shall include all of the following:
(A) A copy of the assessment, determination, and documentation prepared by the qualified individual pursuant to subdivision (g) of Section 4096.
(B) The case plan documentation required pursuant to subparagraph (B) of paragraph (3) of subdivision (d) of Section 706.6.
(C) In the case of an Indian child, a statement regarding whether the minor’s tribe had an opportunity to confer regarding the departure from the placement preferences described in Section 361.31, and the active efforts made prior to placement in a short-term therapeutic program or community treatment facility to satisfy subdivision (f) of Section 224.1.
(D) A statement regarding whether the minor or nonminor dependent or any party to the proceeding, or minor’s tribe in the case of an Indian child to whom subparagraph (E) of paragraph (1) of subdivision (d) of Section 224.1 applies, objects to the placement of the minor or nonminor dependent in the short-term residential therapeutic program or community treatment facility.
(2) The probation officer shall serve a copy of the report on all parties to the proceeding no later than seven calendar days before the hearing.
(d) Within five calendar days of the request described in subdivision (b), the court shall set a hearing to be held within 45 days after the start of the placement and give notice of the hearing to all parties to the proceeding, and the minor’s tribe in the case of an Indian child to whom subparagraph (E) of paragraph (1) of subdivision (d) of Section 224.1 applies.
(e) When reviewing each placement of the minor or nonminor dependent in a short-term residential therapeutic program or community treatment facility, the court shall do all of the following:
(1) Consider the information specified in subdivision (c).
(2) Determine whether the needs of the minor or nonminor dependent can be met through placement in a family-based setting, or, if not, whether placement in a short-term residential therapeutic program or community treatment facility, as applicable, provides the most effective and appropriate care setting for the minor or nonminor dependent in the least restrictive environment. A shortage or lack of resource family homes shall not be an acceptable reason for determining that the needs of the minor or nonminor dependent cannot be met in a family-based setting.
(3) Determine whether the short-term residential therapeutic program or community treatment facility level of care, as applicable, is consistent with the short- and long-term mental and behavioral health goals and permanency plan for the minor or nonminor dependent.
(4) In the case of an Indian child, determine whether there is good cause to depart from the placement preferences set forth in Section 361.31.
(5) Approve or disapprove the placement.
(6) Make a finding, either in writing or on the record, of the basis for its determinations pursuant to this subdivision.
(f) If the court disapproves the placement, the court shall order the probation officer to transition the minor or nonminor dependent to a placement setting that is consistent with the determinations made pursuant to subdivision (e) within 30 days of the disapproval.
(g) This section does not prohibit the court from reviewing the placement of a minor or nonminor dependent in a short-term residential therapeutic program or community treatment facility pursuant to subdivision (a) at a regularly scheduled hearing if that hearing is held within 60 days of the placement and the information described in subdivision (c) has been presented to the court.
(h) (1) On or before October 1, 2021, for placements into a short-term residential therapeutic program, the Judicial Council shall amend or adopt rules of court and shall develop or amend appropriate forms, as necessary, to implement this section, including developing a procedure to enable the court to review the placement without a hearing.
(2) On or before October 1, 2022, for placements into a community treatment facility, the Judicial Council shall amend or adopt rules of court and shall develop or amend appropriate forms, as necessary, to implement this section, including developing a procedure to enable the court to review the placement without a hearing.
(Amended by Stats. 2022, Ch. 50, Sec. 26. (SB 187) Effective June 30, 2022.)