Title
Title
Rules and Forms | Juvenile Law: Short-Term Residential Therapeutic Program Placement (Action Required)
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Summary
Summary
The Family and Juvenile Law Advisory Committee proposes amending three rules and adopting, approving, and revising 30 Judicial Council forms, effective January 1, 2023, to finalize the implementation of Assembly Bill 153. AB 153 implements part IV of the federal Family First Prevention Services Act of 2018, which requires participating states to create a process of judicial review for each placement of a foster youth in a congregate care placement. This is the second time the proposal circulated for public comment. The proposal initially circulated in spring 2021, before AB 153 was signed into law. Additional requirements created by AB 153 for status review hearings and not addressed in the previous proposal are incorporated into this proposal.
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Recommendation
Recommendation
The Family and Juvenile Law Advisory Committee recommends that the Judicial Council, effective January 1, 2023:
1. Amend rule 5.618 of the California Rules of Court to improve the efficiency and fairness of the procedure for juvenile courts to approve or disapprove a placement in a short-term residential therapeutic program or community treatment facility;
2. Amend rule 5.697 of the California Rules of Court regarding the disposition hearing for a nonminor to conform the rule to requirements related to Assembly Bill 153;
3. Amend rule 5.903 of the California Rules of Court regarding the nonminor dependent status review hearing to conform the rule to requirements related to AB 153 and eliminate statutory redundancy;
4. Adopt a new Judicial Council form, Notice of Request for Approval of Short-Term Residential Therapeutic Program or Community Treatment Facility Without a Hearing (form JV-240), to provide notice to parties of a request to review a short-term residential therapeutic program placement or community treatment facility without a hearing;
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