SECTIONS 224.70-224.74 - California Statutes

WELFARE AND INSTITUTIONS CODE

SECTION 224.70-224.74

224.70. For the purposes of this article:
(a) "Committed" means placed in a facility of the Division of
Juvenile Facilities pursuant to a court order, independent of, or in
connection with, other sentencing alternatives.
(b) "Detained" means held in secure confinement in a juvenile
facility of the Division of Juvenile Facilities.
(c) "Extended family member" means any adult related to the youth
by blood, adoption, or marriage, and any adult who has an established
familial or mentoring relationship with the youth, including, but
not limited to, godparents, clergy, teachers, neighbors, and family
friends.
(d) "Facility of the Division of Juvenile Facilities" means a
place of confinement that is operated by, or contracted for, the
Department of Corrections and Rehabilitation, for the purpose of the
detention or commitment of youth who are taken into custody and
alleged to be within the description of Section 601 or 602 or who are
adjudged to be a ward of the court.
(e) "Youth" means any person detained in a facility of the
Division of Juvenile Facilities.

224.71. It is the policy of the state that all youth confined in a
facility of the Division of Juvenile Facilities shall have the
following rights:
(a) To live in a safe, healthy, and clean environment conducive to
treatment and rehabilitation and where they are treated with dignity
and respect.
(b) To be free from physical, sexual, emotional, or other abuse,
or corporal punishment.
(c) To receive adequate and healthy food and water, sufficient
personal hygiene items, and clothing that is adequate and clean.
(d) To receive adequate and appropriate medical, dental, vision,
and mental health services.
(e) To refuse the administration of psychotropic and other
medications consistent with applicable law or unless immediately
necessary for the preservation of life or the prevention of serious
bodily harm.
(f) To not be searched for the purpose of harassment or
humiliation or as a form of discipline or punishment.
(g) To maintain frequent and continuing contact with parents,
guardians, siblings, children, and extended family members, through
visits, telephone calls, and mail.
(h) To make and receive confidential telephone calls, send and
receive confidential mail, and have confidential visits with
attorneys and their authorized representatives, ombudspersons and
other advocates, holders of public office, state and federal court
personnel, and legal service organizations.
(i) To have fair and equal access to all available services,
placement, care, treatment, and benefits, and to not be subjected to
discrimination or harassment on the basis of actual or perceived
race, ethnic group identification, ancestry, national origin, color,
religion, sex, sexual orientation, gender identity, mental or
physical disability, or HIV status.
(j) To have regular opportunity for age-appropriate physical
exercise and recreation, including time spent outdoors.
(k) To contact attorneys, ombudspersons and other advocates, and
representatives of state or local agencies, regarding conditions of
confinement or violations of rights, and to be free from retaliation
for making these contacts or complaints.
(l) To participate in religious services and activities of their
choice.
(m) To not be deprived of any of the following as a disciplinary
measure: food, contact with parents, guardians, or attorneys, sleep,
exercise, education, bedding, access to religious services, a daily
shower, a drinking fountain, a toilet, medical services, reading
material, or the right to send and receive mail.
(n) To receive a quality education that complies with state law,
to attend age-appropriate school classes and vocational training, and
to continue to receive educational services while on disciplinary or
medical status.
(o) To attend all court hearings pertaining to them.
(p) To have counsel and a prompt probable cause hearing when
detained on probation or parole violations.
(q) To make at least two free telephone calls within an hour after
initially being placed in a facility of the Division of Juvenile
Facilities following an arrest.

224.72. (a) Every facility of the Division of Juvenile Facilities
shall provide each youth who is placed in the facility with an age
and developmentally appropriate orientation that includes an
explanation and a copy of the rights of the youth, as specified in
Section 224.71, and that addresses the youth's questions and
concerns.
(b) Each facility of the Division of Juvenile Facilities shall
post a listing of the rights provided by Section 224.71 in a
conspicuous location. The Office of the Ombudspersons of the Division
of Juvenile Facilities shall design posters and provide the posters
to each Division of Juvenile Facilities facility subject to this
subdivision. These posters shall include the toll-free telephone
number of the Office of the Ombudspersons of the Division of Juvenile
Facilities.
(c) Consistent with Chapter 17.5 (commencing with Section 7290) of
Division 7 of Title 1 of the Government Code, on or before July 1,
2010, the division shall ensure the listing of rights and posters
described in this section are translated into Spanish and other
languages as determined necessary by the division.
(d) A copy of the rights of the youth shall be included in
orientation packets provided to parents or guardians of wards. Copies
of the rights of youth in English, Spanish, and other languages
shall also be made available in the visiting areas of division
facilities and, upon request, to parents or guardians.

224.73. All facilities of the Division of Juvenile Facilities shall
ensure the safety and dignity of all youth in their care and shall
provide care, placement, and services to youth without discriminating
on the basis of actual or perceived race, ethnic group
identification, ancestry, national origin, color, religion, sex,
sexual orientation, gender identity, mental or physical disability,
or HIV status.

224.74. (a) The Office of the Ombudspersons of the Division of
Juvenile Facilities shall do all of the following:
(1) Disseminate information on the rights of children and youth in
the custody of the Division of Juvenile Facilities, as provided in
Section 224.71, and the services provided by the office.
(2) Investigate and attempt to resolve complaints made by or on
behalf of youth in the custody of the Division of Juvenile
Facilities, related to their care, placement, or services, or in the
alternative, refer appropriate complaints to another agency for
investigation.
(3) Notify the complainant in writing of the intention to
investigate or the decision to refer the complaint to another agency
within 15 days of receiving the complaint. If the office declines to
investigate a complaint, the office shall notify the complainant of
the reason for this decision.
(4) Update the complainant on the progress of the investigation
and notify the complainant in writing of the final outcome, steps
taken during the investigation, basis for the decision, and any
action to be taken as a result of the complaint.
(5) Document the number, source, origin, location, and nature of
complaints.
(6) Provide a toll-free telephone number for the Office of the
Ombudspersons of the Division of Juvenile Facilities.
(7) Compile and make available to the Legislature and the public
all data collected over the course of the year, including, but not
limited to, the number of contacts to the toll-free telephone number,
the number of complaints made, the number of investigations
performed by the office, the number of referrals made, the issues
complained about, the number of sustained complaints, the actions
taken as a result of sustained complaints, and the number of
unresolved complaints, including the reasons the complaints could not
be resolved.
(b) (1) The Office of the Ombudspersons of the Division of
Juvenile Facilities, in consultation with youth advocate and support
groups, and groups representing children, families, children's
facilities, and other interested parties, shall develop, no later
than July 1, 2008, standardized information explaining the rights
specified in Section 224.71. The information developed shall be
age-appropriate.
(2) The Office of the Ombudspersons of the Division of Juvenile
Facilities and other interested parties may use the information
developed in paragraph (1) in carrying out their responsibilities to
inform youth of their rights provided under Section 224.71.