SECTIONS 225-236 - California Statutes

WELFARE AND INSTITUTIONS CODE

SECTION 225-236

225. In each county there shall be a juvenile justice commission
consisting of not less than 7 and no more than 15 citizens. Two or
more of the members shall be persons who are between 14 and 21 years
of age, provided there are available persons between 14 and 21 years
of age who are able to carry out the duties of a commission member in
a manner satisfactory to the appointing authority. Each person
serving as a member of a probation committee immediately prior to
September 15, 1961, shall be a member of the juvenile justice
commission and shall continue to serve as such until such time as his
or her term of appointment as a member of the probation committee
would have expired under any prior provision of law. Upon a vacancy
occurring in the membership of the commission and upon the expiration
of the term of office of any member, a successor shall be appointed
by the presiding judge of the superior court with the concurrence of
the judge of the juvenile court or, in a county having more than one
judge of the juvenile court, with the concurrence of the presiding
judge of the juvenile court for a term of four years. When a vacancy
occurs for any reason other than the expiration of a term of office,
the appointee to fill such vacancy shall hold office for the
unexpired term of his or her predecessor.
Appointments may be made by the presiding judge of the superior
court, in the same manner designated in this section for the filling
of vacancies, to increase the membership of a commission to the
maximum of 15 in any county which has a commission with a membership
of less than 15 members.
In any county in which the membership of the commission, on the
effective date of amendments to this section enacted at the 1971
Regular Session of the Legislature, exceeds the maximum number
permitted by this section, no additional appointments shall be made
until the number of commissioners is less than the maximum number
permitted by this section. In any case, such county's commission
membership shall, on or after January 1, 1974, be no greater than the
maximum permitted by this section.

226. In lieu of county juvenile justice commissions, the boards of
supervisors of two or more adjacent counties may agree to establish a
regional juvenile justice commission consisting of not less than
eight citizens, and having a sufficient number of members so that
their appointment may be equally apportioned between the
participating counties. Two or more of the members shall be persons
who are between 14 and 21 years of age, provided there are available
persons between 14 and 21 years of age who are able to carry out the
duties of a commission member in a manner satisfactory to the
appointing authority. The presiding judge of the superior court with
the concurrence of the judge of the juvenile court or, in a county
having more than one judge of the juvenile court, with the
concurrence of the presiding judge of the juvenile court of each of
the participating counties shall appoint an equal number of members
to the regional justice commission and they shall hold office for a
term of four years. Of those first appointed, however, if the number
appointed be an even number, half shall serve for a term of two years
and half shall serve for a term of four years and if the number of
members first appointed be an odd number, the greater number nearest
half shall serve for a term of two years and the remainder shall
serve for a term of four years. The respective terms of the members
first appointed shall be determined by lot as soon as possible after
their appointment. Upon a vacancy occurring in the membership of the
commission and upon the expiration of the term of office of any
member, a successor shall be appointed by the presiding judge of the
superior court with the concurrence of the judge of the juvenile
court or, in a county having more than one judge of the juvenile
court, with the concurrence of the presiding judge of the juvenile
court of the county which originally appointed such vacating or
retiring member. When a vacancy occurs for any reason other than the
expiration of a term of office, the appointee shall hold office for
the unexpired term of his or her predecessor.

227. The clerk of the court of the appointing judge shall
immediately notify each person appointed a member of a county or
regional juvenile justice commission and thereupon such person shall
appear before the appointing judge and qualify by taking an oath
faithfully to perform the duties of a member of the juvenile justice
commission. The qualification of each member shall be entered in the
juvenile court record.

228. A juvenile justice commission shall elect a chairman and vice
chairman annually.

229. It shall be the duty of a juvenile justice commission to
inquire into the administration of the juvenile court law in the
county or region in which the commission serves. For this purpose the
commission shall have access to all publicly administered
institutions authorized or whose use is authorized by this chapter
situated in the county or region, shall inspect such institutions no
less frequently than once a year, and may hold hearings. A judge of
the juvenile court shall have the power to issue subpoenas requiring
attendance and testimony of witnesses and production of papers at
hearings of the commission.
A juvenile justice commission shall annually inspect any jail or
lockup within the county which in the preceding calendar year was
used for confinement for more than 24 hours of any minor. It shall
report the results of such inspection together with its
recommendations based thereon, in writing, to the juvenile court and
to the Board of Corrections.

229.5. (a) Notwithstanding any other provision of law, a juvenile
justice commission may inquire into the operation of any group home
that serves wards or dependent children of the juvenile court and is
located in the county or region the commission serves. The commission
may review the safety and well-being of wards or dependent children
placed in the group home and the program and services provided in
relation to the home's published program statement.
(b) In conducting its review, the commission shall respect the
confidentiality of minors' records and other information protected
under other provisions of law. It may review court or case records of
a child provided it keeps the identities of minors named in those
records confidential, and may review the financial records of a group
home. However, the commission may not review the personnel records
of employees or the records of donors to the group home.
(c) The commission shall give the group home manager at least 24
hours' advance notice of a visit to a group home. If the commission
believes that there is a serious violation of applicable licensing
laws or regulations or that residents of a group home are in danger
of physical or mental abuse, abandonment or other substantial threat
to their health and safety, the commission shall notify the Community
Care Licensing Division of the State Department of Social Services
for appropriate action, shall consult with the presiding judge of the
juvenile court and chief probation officer as to whether or not a
visit is appropriate, and shall notify other juvenile justice
commissions of its actions, as appropriate.
(d) Upon the completion of a visit, if the commission finds any
condition in the group home that poses a danger to its residents or
otherwise violates any applicable law, ordinance, or regulation, the
commission shall verbally advise the group home manager of its
findings, unless it determines that the advisement could be
detrimental to the children placed there, and shall send written
confirmation of its findings to the group home manager within 14
days. The commission may also report its findings to the presiding
judge of the juvenile court, chief probation officer, State
Department of Social Services, or other juvenile justice commissions
as appropriate. A group home manager may meet with the juvenile
justice commission, chief probation officer, county welfare director,
juvenile court, or the State Department of Social Services to
resolve any problem or to submit a plan of correction.

230. A juvenile justice commission may recommend to any person
charged with the administration of any of the provisions of this
chapter such changes as it has concluded, after investigation, will
be beneficial. A commission may publicize its recommendations.

231. Members of a juvenile justice commission shall be reimbursed
for their actual and necessary expenses incurred in the performance
of their duties. Such reimbursement shall be made by the county of
appointment or, in lieu of such actual and necessary expenses the
board of supervisors may provide that the members of the commission
shall be paid not to exceed the sum of twenty-five dollars ($25) per
meeting not exceeding two meetings per month. In the case of a
regional justice commission, the duty of reimbursement shall be
divided among the participating counties in the manner prescribed by
agreement of the boards of supervisors.

232. The board of supervisors may by ordinance provide for the
establishment, support, and maintenance of one or more agencies or
departments to cooperate with and assist in coordinating on a
countywide basis the work of those community agencies engaged in
activities designed to prevent juvenile and adult delinquency; and
such agencies or departments may cooperate with any such public or
community committees, agencies, or councils at their invitation.

233. The board of supervisors may by ordinance provide for the
establishment, support, and maintenance of a delinquency prevention
commission, composed of not fewer than seven citizens, to coordinate
on a countywide basis the work of those governmental and
nongovernmental organizations engaged in activities designed to
prevent juvenile delinquency. If the board so elects, it may
designate the juvenile justice commission, or any other committee or
council appointed pursuant to Section 232 or 235, to serve in such
capacity.
The commission may receive funds from governmental and
nongovernmental sources to hire an executive secretary and necessary
staff and to defray needed administrative expenses. The board of
supervisors may direct any county department to provide necessary
staff service to the commission. The commission may expend its funds
on specific projects designed to accomplish its objectives.
Members of the delinquency prevention commission shall be
appointed by the board of supervisors to serve a term of four years,
and they shall be reimbursed for their actual and necessary expenses
incurred in the performance of their duties. Upon a vacancy occurring
in the membership in the commission and upon the expiration in the
term of office of any member, a successor shall be appointed by the
board of supervisors. When a vacancy occurs for any reason other than
the expiration of a term of office, the appointee to fill such
vacancy shall hold office for the unexpired term of his or her
predecessor.
The board of supervisors may appoint initial members to any
delinquency prevention commission created after the effective date of
the amendment made to this section at the 1973-74 Regular Session of
the Legislature to hold office for the following terms: one-half of
the membership of an even-numbered commission for a term of two years
and one-half plus one of the membership of an odd-numbered
commission for a term of two years. The remaining initial members and
the term of office of each successor appointed to fill a vacancy
occurring on the expiration of a term thereafter shall be four years.
For a delinquency prevention commission existing on the effective
date of the amendment made to this section at the 1973-74 Regular
Session of the Legislature the board of supervisors may at any time
upon the expiration of all the members' terms of office appoint
members to hold office for the following terms: one-half of the
membership of an even-numbered commission for a term of two years and
one-half plus one of the membership of an odd-numbered commission
for a term of two years. The remaining members and the term of office
of each successor appointed to fill a vacancy occurring on the
expiration of a term thereafter shall be four years.
Notwithstanding the preceding provisions of this section, the
board of supervisors shall appoint two or more persons who are
between 14 and 21 years of age to membership on a delinquency
prevention commission, provided there are available persons between
14 and 21 years of age who are able to carry out the duties of a
commission member in a manner satisfactory to the appointing
authority.

233.5. In a county having a population of over 6,000,000, the board
of supervisors may assign the responsibility for assisting and
advising the board and other county officers concerning the
publication and distribution of allegedly indecent or pornographic
materials and such other related duties as the board may determine
proper to the delinquency prevention commission established pursuant
to Section 233.

234. The board of supervisors may by ordinance provide for the
establishment, support, and maintenance of a delinquency prevention
agency or department, or may assign delinquency prevention duties to
any existing county agency, or department. Any such agency or
department may engage in activities designed to prevent juvenile and
adult delinquency, including rendering direct and indirect services
to persons in the community, and may cooperate with any other agency
of government in carrying out its purposes.

235. The juvenile court and the probation department of any county
may establish, or assist in the establishment of, any public council
or committee having as its object the prevention of juvenile
delinquency and may cooperate with, or participate in, the work of
any such councils or committees for the purpose of preventing or
decreasing juvenile delinquency, including the improving of
recreational, health, and other conditions in the community affecting
juvenile welfare.

236. Notwithstanding any other provision of law, probation
departments may engage in activities designed to prevent juvenile
delinquency. These activities include rendering direct and indirect
services to persons in the community. Probation departments shall not
be limited to providing services only to those persons on probation
being supervised under Section 330 or 654, but may provide services
to any juveniles in the community.