Juveniles: secure youth treatment facilities: less restrictive programs.
What changed between versions
New Section 877(a) directly requires courts to consider specific information from program providers before placing a ward in a less restrictive program that includes congregate residential care. Required information includes: current general liability, professional liability, and workers' compensation insurance; criminal background checks on staff with direct ward contact; a plan for adhering to case plans and accountability measures; proof of notice to the city and county; and the program's rate structure.
Program providers are now required to submit the specified information to the probation department for the purpose of providing it to the court, creating a new duty on providers that did not exist in the prior version.
The new court requirements apply only to less restrictive programs in which the ward resides in congregate residential care, narrowing the scope compared to the original bill which covered all less restrictive programs under Section 875(f).
Two exemptions were added: (1) programs operated by juvenile facilities subject to oversight and regulation by the Board of State and Community Corrections under Title 15 of the California Code of Regulations, and (2) programs in the home of the ward's parent or a supportive relative recognized by the county probation department and agreed to by the court.
Courts are now required to state on the record the reason for placing a ward in a particular less restrictive program that includes congregate residential care, creating an accountability mechanism not present in the prior version.
The bill now imposes a state-mandated local program (changed from 'no' to 'yes') and includes a reimbursement provision requiring the state to reimburse local agencies for costs mandated by the state, as determined by the Commission on State Mandates, pursuant to Government Code Part 7.
The deadline for the Judicial Council to develop and adopt guidelines was changed from January 1, 2028 to July 1, 2028, giving the Council an additional six months.