Title
Title
Juvenile Law: Detention (Action Required)
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Summary
Summary
The Family and Juvenile Law Advisory Committee recommends amending three California Rules of Court and revising two forms to conform to legislative amendments to sections 635 and 737 of the Welfare and Institutions Code. The legislative amendments clarify that the basis for detaining a child must not be his or her status as a dependent of the court or the child welfare department's inability to provide a placement for the child, and add requirements to the 15-day reviews that occur when a child or nonminor dependent is detained pending execution of a placement order. The amendments and revisions ensure that the rules and forms are consistent with the amended law. They also make technical corrections and clarifications, including clarifying that home supervision does not qualify as a detention for the purposes of federal foster care funding.
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Recommendation
Recommendation
The Family and Juvenile Law Advisory Committee recommends that the Judicial Council, effective January 1, 2016, amend three of the California Rules of Court and revise two Judicial Council forms, as follows:
1. Amend rules 5.502(11) and 5.760(c) to clarify that children placed on home supervision are not detained for the purposes of federal foster care funding under title IV-E. Amend rule 5.760(l) to delete the word "detention." These amendments will resolve confusion regarding the foster care funding eligibility of a child placed on home supervision.
2. Further amend rule 5.760(c) to conform to the new statutory requirement that the court's decision to detain a dependent child of the court in juvenile hall must not be based on the child's status as a dependent of the court or the inability of the child welfare department to provide a placement for the child.
3. Amend rule 5.760(c) to conform to the new statutory requirement that establishes that when no grounds for detention exist, the court mu...
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