SECTIONS 240-243 - California Statutes

WELFARE AND INSTITUTIONS CODE

SECTION 240-243

240. In counties having a population in excess of 6,000,000 in lieu
of a county juvenile justice commission, there shall be a probation
commission consisting of not less than seven members who shall be
appointed by the same authority as that authorized to appoint the
probation officer in that county.

241. The members of a probation commission appointed and holding
office under prior provisions of law on January 1, 1977, shall
continue in office and shall be members of the probation commission
created hereby for the same term as that for which they were
appointed.

241.1. (a) Whenever a minor appears to come within the description
of both Section 300 and Section 601 or 602, the county probation
department and the child welfare services department shall, pursuant
to a jointly developed written protocol described in subdivision (b),
initially determine which status will serve the best interests of
the minor and the protection of society. The recommendations of both
departments shall be presented to the juvenile court with the
petition that is filed on behalf of the minor, and the court shall
determine which status is appropriate for the minor. Any other
juvenile court having jurisdiction over the minor shall receive
notice from the court, within five calendar days, of the presentation
of the recommendations of the departments. The notice shall include
the name of the judge to whom, or the courtroom to which, the
recommendations were presented.
(b) The probation department and the child welfare services
department in each county shall jointly develop a written protocol to
ensure appropriate local coordination in the assessment of a minor
described in subdivision (a), and the development of recommendations
by these departments for consideration by the juvenile court. These
protocols shall require, but not be limited to, consideration of the
nature of the referral, the age of the minor, the prior record of the
minor's parents for child abuse, the prior record of the minor for
out-of-control or delinquent behavior, the parents' cooperation with
the minor's school, the minor's functioning at school, the nature of
the minor's home environment, and the records of other agencies that
have been involved with the minor and his or her family. The
protocols also shall contain provisions for resolution of
disagreements between the probation and child welfare services
departments regarding the need for dependency or ward status and
provisions for determining the circumstances under which a request to
the court may be made to consider a change in the minor's status.
(c) Whenever a minor who is under the jurisdiction of the juvenile
court of a county pursuant to Section 300, 601, or 602 is alleged to
come within the description of Section 300, 601, or 602 by another
county, the county probation department or child welfare services
department in the county that has jurisdiction under Section 300,
601, or 602 and the county probation department or child welfare
services department of the county alleging the minor to be within one
of those sections shall initially determine which status will best
serve the best interests of the minor and the protection of society.
The recommendations of both departments shall be presented to the
juvenile court in which the petition is filed on behalf of the minor,
and the court shall determine which status is appropriate for the
minor. In making their recommendation to the juvenile court, the
departments shall conduct an assessment consistent with the
requirements of subdivision (b). Any other juvenile court having
jurisdiction over the minor shall receive notice from the court in
which the petition is filed within five calendar days of the
presentation of the recommendations of the departments. The notice
shall include the name of the judge to whom, or the courtroom to
which, the recommendations were presented.
(d) Except as provided in subdivision (e), nothing in this section
shall be construed to authorize the filing of a petition or
petitions, or the entry of an order by the juvenile court, to make a
minor simultaneously both a dependent child and a ward of the court.
However, on and after January 1, 2012, if the court finds that a
delinquent ward under 18 years of age, who was removed from his or
her parents or guardian and placed in foster care as a dependent
child of the court at the time the court adjudged the child a
delinquent ward or who was removed from his or her parents or
guardian and placed in foster care as a delinquent ward, no longer
appears to come within the description of a delinquent ward, but does
come within the description of a dependent child as set forth in
Section 300, the court may modify its order of jurisdiction pursuant
to Section 601 or 602, and assert dependency jurisdiction pursuant to
Section 300 by means of a petition filed pursuant to Section 387 or
388. The county protocols described in subdivisions (a) and (b) shall
include a process for determining which agency and court shall
supervise dependent children whose jurisdiction is modified pursuant
to this subdivision.
(e) Notwithstanding subdivision (d), the probation department and
the child welfare services department, in consultation with the
presiding judge of the juvenile court, in any county may create a
jointly written protocol to allow the county probation department and
the child welfare services department to jointly assess and produce
a recommendation that the child be designated as a dual status child,
allowing the child to be simultaneously a dependent child and a ward
of the court. This protocol shall be signed by the chief probation
officer, the director of the county social services agency, and the
presiding judge of the juvenile court prior to its implementation. No
juvenile court may order that a child is simultaneously a dependent
child and a ward of the court pursuant to this subdivision unless and
until the required protocol has been created and entered into. This
protocol shall include all of the following:
(1) A description of the process to be used to determine whether
the child is eligible to be designated as a dual status child.
(2) A description of the procedure by which the probation
department and the child welfare services department will assess the
necessity for dual status for specified children and the process to
make joint recommendations for the court's consideration prior to
making a determination under this section. These recommendations
shall ensure a seamless transition from wardship to dependency
jurisdiction, as appropriate, so that services to the child are not
disrupted upon termination of the wardship.
(3) A provision for ensuring communication between the judges who
hear petitions concerning children for whom dependency jurisdiction
has been suspended while they are within the jurisdiction of the
juvenile court pursuant to Section 601 or 602. A judge may
communicate by providing a copy of any reports filed pursuant to
Section 727.2 concerning a ward to a court that has jurisdiction over
dependency proceedings concerning the child.
(4) A plan to collect data in order to evaluate the protocol
pursuant to Section 241.2.
(5) Counties that exercise the option provided for in this
subdivision shall adopt either an "on-hold" system as described in
subparagraph (A) or a "lead court/lead agency" system as described in
subparagraph (B). In no case shall there be any simultaneous or
duplicative case management or services provided by both the county
probation department and the child welfare services department. It is
the intent of the Legislature that judges, in cases in which more
than one judge is involved, shall not issue conflicting orders.
(A) In counties in which an on-hold system is adopted, the
dependency jurisdiction shall be suspended or put on hold while the
child is subject to jurisdiction as a ward of the court. When it
appears that termination of the court's jurisdiction, as established
pursuant to Section 601 or 602, is likely and that reunification of
the child with his or her parent or guardian would be detrimental to
the child, the county probation department and the child welfare
services department shall jointly assess and produce a recommendation
for the court regarding whether the court's dependency jurisdiction
shall be resumed.
(B) In counties in which a lead court/lead agency system is
adopted, the protocol shall include a method for identifying which
court or agency will be the lead court/lead agency. That court or
agency shall be responsible for case management, conducting
statutorily mandated court hearings, and submitting court reports.

241.2. The Judicial Council shall collect and compile all of the
data to be collected pursuant to paragraph (4) of subdivision (e) of
Section 241.1 and shall prepare an evaluation of the results of the
implementation of the protocol authorized in that subdivision for a
representative sample of the counties that create a protocol pursuant
to that provision. The Judicial Council shall report its findings
and any resulting recommendations to the Legislature within two years
of the date those counties first deem a child to be a dual status
child. The Judicial Council shall review all proposed protocols to
ensure that they provide for the collection of adequate, standardized
data to perform these evaluations. In order to assist counties with
data collection and evaluation, the Judicial Council may prepare
model data collection and evaluation provisions that a county must
include in their protocol.

242. The members of the probation commission shall hold office for
four years and until their successors are appointed and qualify. Of
those first appointed, however, one shall hold office for one year,
two for two years, two for three years, and two for four years; and
the respective terms of the members first appointed shall be
determined by lot as soon as possible after their appointment. When a
vacancy occurs in a probation commission by expiration of the term
of office of any member thereof, his or her successor shall be
appointed to hold office for the term of four years. When a vacancy
occurs for any other reason the appointee shall hold office for the
unexpired term of his or her predecessor.

243. The probation commission shall function in an advisory
capacity to the probation officer.