SECTIONS 880-893 - California Statutes

WELFARE AND INSTITUTIONS CODE

SECTION 880-893

880. In order to provide appropriate facilities for the housing of
wards of the juvenile court in the counties of their residence or in
adjacent counties so that those wards may be kept under direct
supervision of the court, and in order to more advantageously apply
the salutary effect of a safe and supportive home and family
environment upon them, and also in order to secure a better
classification and segregation of those wards according to their
capacities, interests, and responsiveness to control and
responsibility, and to give better opportunity for reform and
encouragement of self-discipline in those wards, juvenile ranches or
camps may be established, as provided in this article.

881. The board of supervisors of any county may, by ordinance,
establish juvenile ranches, camps, or forestry camps, within or
without the county, to which persons made wards of the court on the
ground of fitting the description in Section 602 may be committed. As
far as possible, the provisions of this chapter relating to
commitments to the probation officer shall apply to commitments to
those juvenile facilities, except that where any ward proves to be
unfit to remain in any facility, in the opinion of the superintendent
or director thereof, the superintendent or director shall make a
recommendation to the probation department for consideration for
other commitment. Complete operation and authority for the
administration shall be vested in the county.

881.5. (a) (1) If a county receives funds pursuant to Section
17602, the county reduces the capacity of its juvenile ranches,
camps, or forestry camps below the capacity for those facilities
during the 1990-91 fiscal year, and if during the 12-month period
subsequent to the month of reduction, there is an increase in the
rate of commitments from the county's juvenile court to the
Department of the Youth Authority above the commitments per 100,000
of the county's juvenile population, aged 12 to 17 years, during the
1990-91 fiscal year, the county shall contribute to the Department of
the Youth Authority an amount equivalent to the actual cost, as
determined by the Department of the Youth Authority.
(2) Paragraph (1) shall not apply to a county of the fifth class,
for reductions in the capacity of its juvenile ranches, camps, or
forestry camps that were made prior to January 1, 1993, if the
reductions were due to fiscal constraints.
(b) Any county that provides juvenile ranch or camp space to
another county pursuant to contract shall contribute to the
Department of the Youth Authority an amount equivalent to the actual
costs associated with any increase in the rate of commitments to
which subdivision (a) applies, per 100,000, by the county's juvenile
court to the Department of the Youth Authority above the rate of
commitments during the 1991-92 fiscal year that are not attributable
to a reduced capacity in juvenile ranches, camps, or forestry camps.
(c) The Department of the Youth Authority may notify the
Controller of any county or counties that have experienced an
increase in the rate of commitments for purposes of recovering the
costs associated with that increase. Upon receiving this notice, the
Controller shall redirect, from the funds that are provided to that
county or counties pursuant to Section 17602, an amount equal to the
costs associated with the increased commitments. Within 30 days of
the notification of the Controller the Department of the Youth
Authority shall also notify each county from which they are seeking
reimbursement pursuant to subdivision (b).

882. Juvenile ranches, camps or forestry camps shall be in the
charge of a superintendent or director and may be established in
conjunction with the probation department, or in any manner
determined by the county board of supervisors. The superintendent or
director and other persons employed at those ranches or camps shall
be appointed by the probation officer, subject to confirmation by the
board of supervisors, of the county establishing those ranches or
camps.

883. The wards committed to ranches, camps, or forestry camps may
be required to labor on the buildings and grounds thereof, on the
making of forest roads for fire prevention or firefighting, on
forestation or reforestation of public lands, or on the making of
firetrails or firebreaks, or to perform any other work or engage in
any studies or activities on or off of the grounds of those ranches,
camps, or forestry camps prescribed by the probation department,
subject to such approval as the county board of supervisors by
ordinance requires.
Wards may not be required to labor in fire suppression when under
the age of 16 years.
Wards between the ages of 16 years and 18 years may be required to
labor in fire suppression if all of the following conditions are
met:
(a) The parent or guardian of the ward has given permission for
that labor by the ward.
(b) The ward has completed 80 hours of training in forest
firefighting and fire safety, including, but not limited to, the
handling of equipment and chemicals, survival techniques, and first
aid.
Whenever any ward committed to a camp is engaged in fire
prevention work or the suppression of existing fires, he or she shall
be subject to worker's compensation benefits to the same extent as a
county employee, and the board of supervisors shall provide and
cover any ward committed to a camp while performing that service,
with accident, death and compensation insurance as is otherwise
regularly provided for employees of the county.

884. The board of supervisors may provide for the payment of wages
and pay such wages from the treasury of such county to the wards for
the work they do, the sums earned to be paid in reparation, or to the
parents or dependents of the ward, or to the ward himself, in such
manner and in such proportions as the court directs.

885. (a) The Board of Corrections shall adopt and prescribe the
minimum standards of construction, operation, programs of education
and training, and qualifications of personnel for juvenile ranches,
camps, or forestry camps established under Section 881.
(b) The Board of Corrections shall conduct a biennial inspection
of each juvenile ranch, camp, or forestry camp situated in this state
that, during the preceding calendar year, was used for confinement
of any minor for more than 24 hours.
(c) The custodian of each juvenile ranch, camp, or forestry camp
shall make any reports that may be required by the board to
effectuate the purposes of this section.

886. Except as provided in Section 886.5, no juvenile home, ranch,
camp, or forestry camp established pursuant to the provisions of this
article shall receive or contain more than 100 children at any one
time.

886.5. (a) A juvenile home, ranch, camp, or forestry camp may
receive or contain a maximum of 125 children at any one time if the
county has determined that there is a consistent need for juvenile
home, ranch, camp, or forestry camp placements which exceeds the beds
available in the county. Any county desiring to expand the capacity
of a juvenile home, ranch, camp, or forestry camp pursuant to this
section shall certify to the Board of Corrections that the facility
to be expanded will continue to meet the minimum standards adopted
and prescribed pursuant to Section 885 during the period of expanded
capacity.
(b) (1) The Legislature reaffirms its belief that juvenile
ranches, camps, forestry camps, and other residential treatment
facilities should be small enough to provide individualized guidance
and treatment for juvenile offenders which enables them to return to
their families and communities as productive and law abiding
citizens. Consistent with this principle and upon demonstration of
exceptional need, a juvenile ranch, camp, or forestry camp may
receive or contain a maximum population in excess of 125 children at
any one time if the Board of Corrections has approved that expanded
capacity pursuant to the following procedure:
(A) The county shall submit an application to the Board of
Corrections, endorsed by the board of supervisors, identifying the
capacity requested and the reasons why the additional capacity is
needed. The application shall include the county's plan to ensure
that the facility will, with the additional capacity, comply with
applicable minimum standards and maintain adequate levels of onsite
staffing, program, and other services for children in the facility.
(B) The Board of Corrections shall review any application received
under this subdivision and shall approve or deny the application
based on a determination whether the county has demonstrated its
ability to comply with minimum standards and maintain adequate
staffing, program, and service levels for children in the expanded
facility. In its review, the board shall consider any public comment
that may be submitted while the application is pending. The board may
approve an application with conditions, including a capacity below
the requested number, remodeling or expansion of units or living
quarters, staffing ratios in excess of those required by minimum
standards, or other adjustments of program or procedure deemed
appropriate by the board for a facility operating with a capacity in
excess of 125 children. The board shall ensure that the staffing,
program, and service levels are increased commensurate with the
increased risks to residents and the staff that are a result of the
expanded capacity.
(2) Notwithstanding the inspection schedule set forth in Section
885, the board shall conduct an annual inspection of any facility
whose application for expanded capacity under this subdivision is
approved. The approval to operate at a capacity above 125 children
shall terminate, and the facility shall not thereafter receive or
contain more than 125 children, if the board determines after any
annual inspection that the facility is not in compliance with minimum
standards, that program, staffing, or service levels for children in
the expanded facility have not been maintained, or that the county
has failed substantially to comply with a condition that was attached
to the board's approval of the expanded capacity.
(c) The board may provide forms and instructions to local
jurisdictions to facilitate compliance with this section.

888. Any county establishing a juvenile ranch or camp under the
provisions of this article may, by mutual agreement, accept children
committed to that ranch or camp by the juvenile court of another
county in the state. Two or more counties may, by mutual agreement,
establish juvenile ranches or camps, and the rights granted and
duties imposed by this article shall devolve upon those counties
acting jointly. The provisions of this article shall not apply to any
juvenile hall.

889. The board of education shall provide for the administration
and operation of public schools in any juvenile hall, day center,
ranch, camp, regional youth educational facility, or Orange County
youth correctional center in existence and providing services prior
to the effective date of the amendments to this section made by the
Statutes of 1989, established pursuant to Article 2.5 (commencing
with Section 48645) of Chapter 4 of Part 27 of the Education Code, or
Article 9 (commencing with Section 1850) of Chapter 1 of Division
2.5 of the Welfare and Institutions Code.

891. (a) From any state moneys made available to it for that
purpose, the Youth Authority shall share in the cost pursuant to this
article of the construction of juvenile ranch camps or forestry
camps established after July 1, 1957, and for construction at
existing juvenile ranches, camps, or forestry camps, by counties that
apply therefor.
(b) "Construction," as used in this section, includes construction
of new buildings and acquisition of existing buildings and initial
equipment of any of those buildings; and, to the extent provided for
in regulations adopted by the Department of the Youth Authority,
remodeling of existing buildings owned by the county, to serve the
purposes of a juvenile ranch camp or forestry camp, and initial
equipment thereof. "Construction" also includes payments made by a
county under any lease-purchase agreement or similar arrangement
authorized by law and payments for the necessary repair or
improvements of property which is leased from the federal government
or other public entity without cost to the county for a term of not
less than 10 years. It does not include architects' fees or the cost
of land acquisition.
(c) The amount of state assistance that shall be provided to any
county shall not exceed 50 percent of the project cost approved by
the Youth Authority, and, in no event shall it exceed three thousand
dollars ($3,000) per bed unit of the new juvenile ranch, camp, or
forestry camp or per bed unit added to an existing juvenile ranch
camp, or forestry camp, as the case may be. The construction project
shall be deemed to have as many bed units as the number of persons it
is designed to accommodate, not exceeding 100 bed units for any one
project.
(d) Application for state assistance for construction funds under
this article shall be made to the Youth Authority in the manner and
form prescribed by the Youth Authority. The Youth Authority shall
prescribe the time and manner of payment of state assistance, if
granted.

892. (a) From any state moneys made available to it for that
purpose, the Youth Authority shall provide state assistance pursuant
to this section to defray, in whole or part, the cost of construction
of border check station facilities by any city which applies
therefor.
"City" as used in this section means any city with a population in
excess of 500,000 as determined by the last decennial census, all or
part of the boundaries of which are contiguous with the boundaries
of a foreign country adjoining this state.
(b) "Construction," as used in this section, includes construction
of new buildings and acquisition of existing buildings and initial
equipment of any such buildings to serve as a border check station
facility. It does not include the cost of land acquisition.
(c) The amount of state assistance which shall be provided to any
city shall not exceed 100 percent of the project cost approved by the
Youth Authority, and, in no event shall it exceed one hundred
thousand dollars ($100,000) for any one project.
(d) Application for state assistance for construction funds under
this section shall be made to the Youth Authority in the manner and
form prescribed by the Youth Authority. The Youth Authority shall
prescribe the time and manner of payment of state assistance, if
granted.
(e) The Youth Authority shall adopt and prescribe the minimum
standards of construction for such border check station facility. No
city shall be entitled to receive any state funds provided for in
this section unless and until the minimum standards and
qualifications referred to in this section are complied with by such
city. Type and standards of construction shall be approved by the
city architect's office, city department of public works, or such
city department having jurisdiction over public construction.

893. (a) The board of supervisors of any county with a population
of five million or more may provide and maintain a school or schools
at a juvenile ranch or camp or residential or nonresidential boot
camp under the control of the probation officer for the purpose of
meeting the special educational needs of wards and dependent children
of the juvenile court. The school or schools shall be conducted in a
manner and under conditions that will minister to the specific
individualized educational and training needs of each ward and
dependent child in furtherance of the objective of assisting each of
them, as much as possible, to fulfill his or her potential to be a
contributing, law-abiding member of society. If the board of
supervisors determines that this objective may be promoted as well as
or better by provision of educational and training services by a
qualified private organization, the board of supervisors on behalf of
the county may enter into annual contracts, with or without options
to renew, for the provision of those services by that organization.
(b) The Legislature hereby finds and determines that there are
persons whose educational and vocational backgrounds and personal
leadership qualities peculiarly fit them to instruct and train wards
of the court in promotion of the aforesaid objective, but who lack
certification qualifications. Accordingly, the probation officer is
hereby authorized to certify to the county board of education and the
Superintendent of Public Instruction that a person employed or to be
employed by the probation officer or by an organization retained by
contract to provide vocational training or vocational training
courses at or in connection with the school or schools is peculiarly
fit to provide wards of the court that vocational training in
promotion of the aforesaid objective.
The certification shall specify the type or types of service the
person is qualified to provide. Upon filing of that certification,
the person shall be deemed to be a certificated employee for purposes
of authorizing him or her to provide the services described in the
certificate and for apportionment purposes.
(c) The individual school or schools shall have a maximum
enrollment of 100 students.
(d) The county superintendent of schools shall report on behalf of
the county the average daily attendance for the schools and classes
maintained by the county in the school or schools in the manner
provided in Sections 41601 and 84701 of the Education Code and other
provisions of law.
(e) The Superintendent of Public Instruction shall compute the
amount of allowance to be made to the county by reasons of the
average daily attendance at the school or schools by multiplying the
average daily attendance by the foundation program amount for a high
school district that has an average daily attendance of 301 or more
during the fiscal year, and shall make allowances based thereon and
shall apportion to the county, the allowances so computed in the same
manner and at the same times as would be done with respect to
allowances and apportionments to the county school service fund.