2009 California Welfare and Institutions Code - Section 725-742 :: Article 18. Wards--judgments And Orders

725.  After receiving and considering the evidence on the proper
disposition of the case, the court may enter judgment as follows:
   (a) If the court has found that the minor is a person described by
Section 601 or 602, by reason of the commission of an offense other
than any of the offenses set forth in Section 654.3, it may, without
adjudging the minor a ward of the court, place the minor on
probation, under the supervision of the probation officer, for a
period not to exceed six months. The minor's probation shall include
the conditions required in Section 729.2 except in any case in which
the court makes a finding and states on the record its reasons that
any of those conditions would be inappropriate. If the offense
involved the unlawful possession, use, or furnishing of a controlled
substance, as defined in Chapter 2 (commencing with Section 11053) of
Division 10 of the Health and Safety Code, a violation of
subdivision (f) of Section 647 of the Penal Code, or a violation of
Section 25662 of the Business and Professions Code, the minor's
probation shall include the conditions required by Section 729.10. If
the minor fails to comply with the conditions of probation imposed,
the court may order and adjudge the minor to be a ward of the court.
   (b) If the court has found that the minor is a person described by
Section 601 or 602, it may order and adjudge the minor to be a ward
of the court.

725.5.  In determining the judgment and order to be made in any case
in which the minor is found to be a person described in Section 602,
the court shall consider, in addition to other relevant and material
evidence, (1) the age of the minor, (2) the circumstances and
gravity of the offense committed by the minor, and (3) the minor's
previous delinquent history.

726.  (a) In all cases in which a minor is adjudged a ward or
dependent child of the court, the court may limit the control to be
exercised over the ward or dependent child by any parent or guardian
and shall in its order, clearly and specifically set forth all those
limitations, but no ward or dependent child shall be taken from the
physical custody of a parent or guardian, unless upon the hearing the
court finds one of the following facts:
   (1) That the parent or guardian is incapable of providing or has
failed or neglected to provide proper maintenance, training, and
education for the minor.
   (2) That the minor has been tried on probation while in custody
and has failed to reform.
   (3) That the welfare of the minor requires that custody be taken
from the minor's parent or guardian.
   (b) Whenever the court specifically limits the right of the parent
or guardian to make educational decisions for the minor, the court
shall at the same time appoint a responsible adult to make
educational decisions for the child until one of the following
occurs:
   (1)  The minor reaches 18 years of age, unless the child chooses
not to make educational decisions for himself or herself, or is
deemed by the court to be incompetent.
   (2) Another responsible adult is appointed to make educational
decisions for the minor pursuant to this section.
   (3) The right of the parent or guardian to make educational
decisions for the minor is fully restored.
   (4) A successor guardian or conservator is appointed.
   (5) The child is placed into a planned permanent living
arrangement pursuant to paragraph (5) or (6) of subdivision (b) of
Section 727.3, at which time the foster parent, relative caretaker,
or nonrelative extended family member as defined in Section 362.7 has
the right to represent the child in educational matters pursuant to
Section 56055 of the Education Code.
   An individual who would have a conflict of interest in
representing the child, as specified under federal regulations, may
not be appointed to make educational decisions. For purposes of this
section, "an individual who would have a conflict of interest," means
a person having any interests that might restrict or bias his or her
ability to make educational decisions, including, but not limited
to, those conflicts of interest prohibited by Section 1126 of the
Government Code, and the receipt of compensation or attorneys' fees
for the provision of services pursuant to this section. A foster
parent may not be deemed to have a conflict of interest solely
because he or she receives compensation for the provision of services
pursuant to this section.
   If the court is unable to appoint a responsible adult to make
educational decisions for the child and paragraphs (1) to (5),
inclusive, do not apply, and the child has either been referred to
the local educational agency for special education and related
services, or has a valid individualized education program, the court
shall refer the child to the local educational agency for appointment
of a surrogate parent pursuant to Section 7579.5 of the Government
Code.
   All educational and school placement decisions shall seek to
ensure that the child is in the least restrictive educational
programs and has access to the academic resources, services, and
extracurricular and enrichment activities that are available to all
pupils. In all instances, educational and school placement decisions
shall be based on the best interests of the child.
   (c) If the minor is removed from the physical custody of his or
her parent or guardian as the result of an order of wardship made
pursuant to Section 602, the order shall specify that the minor may
not be held in physical confinement for a period in excess of the
maximum term of imprisonment which could be imposed upon an adult
convicted of the offense or offenses which brought or continued the
minor under the jurisdiction of the juvenile court.
   As used in this section and in Section 731, "maximum term of
imprisonment" means the longest of the three time periods set forth
in paragraph (2) of subdivision (a) of Section 1170 of the Penal
Code, but without the need to follow the provisions of subdivision
(b) of Section 1170 of the Penal Code or to consider time for good
behavior or participation pursuant to Sections 2930, 2931, and 2932
of the Penal Code, plus enhancements which must be proven if pled.
   If the court elects to aggregate the period of physical
confinement on multiple counts or multiple petitions, including
previously sustained petitions adjudging the minor a ward within
Section 602, the "maximum term of imprisonment" shall be the
aggregate term of imprisonment specified in subdivision (a) of
Section 1170.1 of the Penal Code, which includes any additional term
imposed pursuant to Section 667, 667.5, 667.6, or 12022.1 of the
Penal Code, and Section 11370.2 of the Health and Safety Code.
   If the charged offense is a misdemeanor or a felony not included
within the scope of Section 1170 of the Penal Code, the "maximum term
of imprisonment" is the longest term of imprisonment prescribed by
law.
   "Physical confinement" means placement in a juvenile hall, ranch,
camp, forestry camp or secure juvenile home pursuant to Section 730,
or in any institution operated by the Youth Authority.
   This section does not limit the power of the court to retain
jurisdiction over a minor and to make appropriate orders pursuant to
Section 727 for the period permitted by Section 607.

726.4.  (a) At the disposition hearing, in any case where the court
orders the care, custody, and control of the minor to be under the
supervision of the probation officer for foster care placement
pursuant to subdivision (a) of Section 727, the court shall inquire
of the mother and any other appropriate person as to the identity and
address of all presumed or alleged fathers. The presence at the
hearing of a man claiming to be the father shall not relieve the
court of its duty of inquiry. The inquiry may include all of the
following:
   (1) Whether a judgment of paternity already exists.
   (2) Whether the mother was married or believed she was married at
the time of conception of the child or at any time thereafter.
   (3) Whether the mother was cohabiting with a man at the time of
conception or birth of the child.
   (4) Whether the mother has received support payments or promises
of support with respect to the child or in connection with her
pregnancy.
   (5) Whether any man has formally or informally acknowledged or
declared his possible paternity of the child.
   (6) Whether paternity tests have been administered and the
results, if any.
   (b) If, after the court inquiry, one or more men are identified as
an alleged father, each alleged father shall be provided notice at
his last and usual place of abode by certified mail return receipt
requested alleging that he is or could be the father of the child.
The notice shall state that the child is the subject of proceedings
under Section 602 and that the proceedings could result in the
termination of parental rights and adoption of the child. Nothing in
this section shall preclude a court from terminating a father's
parental rights even if he appears at the hearing and files an action
under Section 7630 or 7631 of the Family Code.
   (c) The court may determine that the failure of an alleged father
to return the certified mail receipt is not good cause to continue a
hearing pursuant to Section 682.
   (d) If a man appears in the delinquency action and files an action
under Section 7630 or 7631 of the Family Code, the court shall
determine if he is the father.
   (e) After a petition has been filed to declare a minor a ward of
the court, and until the time that the petition is dismissed,
wardship is terminated, or parental rights are terminated pursuant to
Section 727.31, the juvenile court which has jurisdiction of the
wardship action shall have exclusive jurisdiction to hear an action
filed under Section 7630 or 7631 of the Family Code.

726.5.  (a) At any time when (1) the minor is a ward of the juvenile
court under Section 725, or the court terminates wardship while the
minor remains under the age of 18 years, and (2) proceedings for
dissolution of marriage, for nullity of marriage, or for legal
separation of the minor's parents, proceedings to determine custody
of the child, or to establish paternity of the minor under the
Uniform Parentage Act, Part 3 (commencing with Section 7600) of
Division 12 of the Family Code are pending in the superior court of
any county, or an order has been entered with regard to the custody
of the minor, the juvenile court may issue a protective order as
provided in Section 213.5 or as defined in Section 6218 of the Family
Code and may issue an order determining parentage, custody of, or
visitation with, the minor.
   A custody or visitation order issued by the juvenile court
pursuant to this subdivision shall be made in accordance with the
procedures and criteria of Part 2 (commencing with Section 3020) of
Division 8 of the Family Code. An order determining parentage issued
by the juvenile court pursuant to this subdivision shall be made in
accordance with the procedures and presumptions of the Uniform
Parentage Act, Part 3 (commencing with Section 7600) of Division 12
of the Family Code.
   (b) If the juvenile court decides to issue an order pursuant to
subdivision (a), the juvenile court shall provide notice of that
decision to the superior court in which the proceeding to decide
parentage, custody of, or visitation with, the minor is pending. The
clerk of the superior court, upon receipt of the notice, shall file
the notice with other documents and records of the pending proceeding
and send by first-class mail a copy of the notice to all parties of
record in that proceeding.
   (c) Any order issued under this section shall continue until
modified or terminated by a subsequent order of the juvenile court.
The order of the juvenile court shall be filed in the proceeding for
nullity, dissolution, or legal separation, or in the proceeding to
determine custody or to establish paternity, if that proceeding is
pending at the time the juvenile court terminates its jurisdiction
over the minor. The order shall then become a part of that proceeding
and may be terminated or modified as the court in that proceeding
deems appropriate.
   (d) If no action is filed or pending relating to the custody of
the minor in the superior court of any county at the time the
juvenile court terminates its jurisdiction over the minor, the
juvenile court order entered pursuant to subdivision (a) may be used
as the sole basis for opening a file in the superior court of the
county in which the parent who has been awarded physical custody
resides. The clerk of the juvenile court shall transmit the order to
the clerk of the superior court of the county in which the order is
to be filed. The clerk of the superior court shall, upon receipt,
open a file, without a filing fee, and assign a case number.
   (e) The clerk of the superior court shall, upon the filing of any
juvenile court order pursuant to subdivision (d), send by first-class
mail a copy of the order with the case number, to the juvenile court
and to the parents at the address listed on the order.
   (f) The Judicial Council shall adopt forms for orders issued under
this section. These orders shall not be confidential.

727.  (a) When a minor is adjudged a ward of the court on the ground
that he or she is a person described by Section 601 or 602, the
court may make any and all reasonable orders for the care,
supervision, custody, conduct, maintenance, and support of the minor,
including medical treatment, subject to further order of the court.
To facilitate coordination and cooperation among governmental
agencies, the court may, after giving notice and an opportunity to be
heard, join in the juvenile court proceedings any agency that the
court determines has failed to meet a legal obligation to provide
services to the minor. However, no governmental agency shall be
joined as a party in a juvenile court proceeding in which a minor has
been ordered committed to the Department of the Youth Authority. In
any proceeding in which an agency is joined, the court shall not
impose duties upon the agency beyond those mandated by law. Nothing
in this section shall prohibit agencies which have received notice of
the hearing on joinder from meeting prior to the hearing to
coordinate services for the minor.
   The court has no authority to order services unless it has been
determined through the administrative process of an agency that has
been joined as a party, that the minor is eligible for those
services. With respect to mental health assessment, treatment, and
case management services pursuant to Chapter 26.5 (commencing with
Section 7570) of Division 7 of Title 1 of the Government Code, the
court's determination shall be limited to whether the agency has
complied with that chapter.
   In the discretion of the court, a ward may be ordered to be on
probation without supervision of the probation officer. The court, in
so ordering, may impose on the ward any and all reasonable
conditions of behavior as may be appropriate under this disposition.
A minor who has been adjudged a ward of the court on the basis of the
commission of any of the offenses described in subdivision (b) or
paragraph (2) of subdivision (d) of Section 707, Section 459 of the
Penal Code, or subdivision (a) of Section 11350 of the Health and
Safety Code, shall not be eligible for probation without supervision
of the probation officer. A minor who has been adjudged a ward of the
court on the basis of the commission of any offense involving the
sale or possession for sale of a controlled substance, except
misdemeanor offenses involving marijuana, as specified in Chapter 2
(commencing with Section 11053) of Division 10 of the Health and
Safety Code, or of an offense in violation of Section 12220 of the
Penal Code, shall be eligible for probation without supervision of
the probation officer only when the court determines that the
interests of justice would best be served and states reasons on the
record for that determination.
   In all other cases, the court shall order the care, custody, and
control of the minor to be under the supervision of the probation
officer who may place the minor in any of the following:
   (1) The approved home of a relative, or the approved home of a
nonrelative, extended family member as defined in Section 362.7. When
a decision has been made to place the minor in the home of a
relative, the court may authorize the relative to give legal consent
for the minor's medical, surgical, and dental care and education as
if the relative caretaker were the custodial parent of the minor.
   (2) A suitable licensed community care facility.
   (3) With a foster family agency to be placed in a suitable
licensed foster family home or certified family home which has been
certified by the agency as meeting licensing standards.
   (4) (A) Every child adjudged a ward of the juvenile court who is
residing in a placement as defined in paragraphs (1) to (3),
inclusive, shall be entitled to participate in age-appropriate
extracurricular, enrichment, and social activities. No state or local
regulation or policy may prevent, or create barriers to,
participation in those activities. Each state and local entity shall
ensure that private agencies that provide foster care services to
wards have policies consistent with this section and that those
agencies promote and protect the ability of wards to participate in
age-appropriate extracurricular, enrichment, and social activities. A
group home administrator, a facility manager, or his or her
responsible designee, and a caregiver, as defined in paragraph (1) of
subdivision (a) of Section 362.04, shall use a reasonable and
prudent parent standard, as defined in paragraph (2) of subdivision
(a) of Section 362.04, in determining whether to give permission for
a child residing in foster care to participate in extracurricular,
enrichment, and social activities. A group home administrator, a
facility manager, or his or her responsible designee, and a caregiver
shall take reasonable steps to determine the appropriateness of the
activity taking into consideration the child's age, maturity, and
developmental level.
   (B) A group home administrator or a facility manager, or his or
her responsible designee, is encouraged to consult with social work
or treatment staff members who are most familiar with the child at
the group home in applying and using the reasonable and prudent
parent standard.
   (b) When a minor has been adjudged a ward of the court on the
ground that he or she is a person described in Section 601 or 602 and
the court finds that notice has been given in accordance with
Section 661, and when the court orders that a parent or guardian
shall retain custody of that minor either subject to or without the
supervision of the probation officer, the parent or guardian may be
required to participate with that minor in a counseling or education
program including, but not limited to, parent education and parenting
programs operated by community colleges, school districts, or other
appropriate agencies designated by the court.
   (c) The juvenile court may direct any and all reasonable orders to
the parents and guardians of the minor who is the subject of any
proceedings under this chapter as the court deems necessary and
proper to carry out subdivisions (a) and (b), including orders to
appear before a county financial evaluation officer and orders
directing the parents or guardians to ensure the minor's regular
school attendance and to make reasonable efforts to obtain
appropriate educational services necessary to meet the needs of the
minor.
   When counseling or other treatment services are ordered for the
minor, the parent, guardian, or foster parent shall be ordered to
participate in those services, unless participation by the parent,
guardian, or foster parent is deemed by the court to be inappropriate
or potentially detrimental to the child.

727.1.  (a) When the court orders the care, custody, and control of
the minor to be under the supervision of the probation officer for
foster care placement pursuant to subdivision (a) of Section 727, the
decision regarding choice of placement shall be based upon selection
of a safe setting that is the least restrictive or most family like,
and the most appropriate setting that is available and in close
proximity to the parent's home, consistent with the selection of the
environment best suited to meet the minor's special needs and best
interests. The selection shall consider, in order of priority,
placement with relatives, tribal members, and foster family, group
care, and residential treatment pursuant to Section 7950 of the
Family Code.
   (b) Unless otherwise authorized by law, the court may not order
the placement of a minor who is adjudged a ward of the court on the
basis that he or she is a person described by either Section 601 or
602 in a private residential facility or program that provides
24-hour supervision, outside of the state, unless the court finds, in
its order of placement, that all of the following conditions are
met:
   (1) In-state facilities or programs have been determined to be
unavailable or inadequate to meet the needs of the minor.
   (2) The State Department of Social Services or its designee has
performed initial and continuing inspection of the out-of-state
residential facility or program and has either certified that the
facility or program meets all licensure standards required of group
homes operated in California or that the department has granted a
waiver to a specific licensing standard upon a finding that there
exists no adverse impact to health and safety, pursuant to
subdivision (c) of Section 7911.1 of the Family Code.
   (3) The requirements of Section 7911.1 of the Family Code are met.
   (c) If, upon inspection, the probation officer of the county in
which the minor is adjudged a ward of the court determines that the
out-of-state facility or program is not in compliance with the
standards required under paragraph (2) of subdivision (b) or has an
adverse impact on the health and safety of the minor, the probation
officer may temporarily remove the minor from the facility or
program. The probation officer shall promptly inform the court of the
minor's removal, and shall return the minor to the court for a
hearing to review the suitability of continued out-of-state
placement. The probation officer shall, within one business day of
removing the minor, notify the State Department of Social Services'
Compact Administrator, and, within five working days, submit a
written report of the findings and actions taken.
   (d) The court shall review each of these placements for compliance
with the requirements of subdivision (b) at least once every six
months.
   (e) The county shall not be entitled to receive or expend any
public funds for the placement of a minor in an out-of-state group
home unless the conditions of subdivisions (b) and (d) are met.

727.2.  The purpose of this section is to provide a means to monitor
the safety and well-being of every minor in foster care who has been
declared a ward of the juvenile court pursuant to Section 601 or 602
and to ensure that everything reasonably possible is done to
facilitate the safe and early return of the minor to his or her home
or to establish an alternative permanent plan for the minor.
   (a) If the court orders the care, custody, and control of the
minor to be under the supervision of the probation officer for
placement pursuant to subdivision (a) of Section 727, the juvenile
court shall order the probation department to ensure the provision of
reunification services to facilitate the safe return of the minor to
his or her home or the permanent placement of the minor, and to
address the needs of the minor while in foster care, except as
provided in subdivision (b).
   (b) Reunification services need not be provided to a parent or
legal guardian if the court finds by clear and convincing evidence
that one or more of the following is true:
   (1) Reunification services were previously terminated for that
parent or guardian, pursuant to Section 366.21 or 366.22, or not
offered, pursuant to subdivision (b) of Section 361.5, in reference
to the same minor.
   (2) The parent has been convicted of any of the following:
   (A) Murder of another child of the parent.
   (B) Voluntary manslaughter of another child of the parent.
   (C) Aiding or abetting, attempting, conspiring, or soliciting to
commit that murder or manslaughter described in subparagraph (A) or
(B).
   (D) A felony assault that results in serious bodily injury to the
minor or another child of the parent.
   (3) The parental rights of the parent with respect to a sibling
have been terminated involuntarily, and it is not in the best
interest of the minor to reunify with his or her parent or legal
guardian.
   If no reunification services are offered to the parent or
guardian, the permanency planning hearing, as described in Section
727.3, shall occur within 30 days of the date of the hearing at which
the decision is made not to offer services.
   (c) The status of every minor declared a ward and ordered to be
placed in foster care shall be reviewed by the court no less
frequently than once every six months. The six-month time periods
shall be calculated from the date the minor entered foster care, as
defined in paragraph (4) of subdivision (d) of Section 727.4. If the
court so elects, the court may declare the hearing at which the court
orders the care, custody, and control of the minor to be under the
supervision of the probation officer for foster care placement
pursuant to subdivision (a) of Section 727 at the first status review
hearing. It shall be the duty of the probation officer to prepare a
written social study report including an updated case plan, pursuant
to subdivision (b) of Section 706.5, and submit the report to the
court prior to each status review hearing, pursuant to subdivision
(b) of Section 727.4. The social study report shall include all
reports the probation officer relied upon in making his or her
recommendations.
   (d) Prior to any status review hearing involving a minor in the
physical custody of a community care facility or foster family
agency, the facility or agency may provide the probation officer with
a report containing its recommendations. Prior to any status review
hearing involving the physical custody of a foster parent, relative
caregiver, preadoptive parent, or legal guardian, that person may
present to the court a report containing his or her recommendations.
The court shall consider all reports and recommendations filed
pursuant to subdivision (c) and pursuant to this subdivision.
   (e) At any status review hearing prior to the first permanency
planning hearing, the court shall consider the safety of the minor
and make findings and orders which determine the following:
   (1) The continuing necessity for and appropriateness of the
placement.
   (2) The extent of the probation department's compliance with the
case plan in making reasonable efforts to safely return the minor to
the minor's home or to complete whatever steps are necessary to
finalize the permanent placement of the minor.
   (3) Whether there should be any limitation on the right of the
parent or guardian to make educational decisions for the minor. That
limitation shall be specifically addressed in the court order and may
not exceed what is necessary to protect the minor. If the court
specifically limits the right of the parent or guardian to make
educational decisions for the minor, the court shall at the same time
appoint a responsible adult to make educational decisions for the
minor pursuant to Section 726.
   (4) The extent of progress that has been made by the minor and
parent or guardian toward alleviating or mitigating the causes
necessitating placement in foster care.
   (5) The likely date by which the minor may be returned to and
safely maintained in the home or placed for adoption, appointed a
legal guardian, permanently placed with a fit and willing relative or
referred to another planned permanent living arrangement.
   (6) In the case of a minor who has reached 16 years of age, the
court shall, in addition, determine the services needed to assist the
minor to make the transition from foster care to independent living.
   The court shall make these determinations on a case-by-case basis
and reference in its written findings the probation officer's report
and any other evidence relied upon in reaching its decision.
   (f) At any status review hearing prior to the first permanency
hearing, the court shall order return of the minor to the physical
custody of his or her parent or legal guardian unless the court
finds, by a preponderance of evidence, that the return of the minor
to his or her parent or legal guardian would create a substantial
risk of detriment to the safety, protection, or physical or emotional
well-being of the minor. The probation department shall have the
burden of establishing that detriment. In making its determination,
the court shall review and consider the social study report,
recommendations, and the case plan pursuant to subdivision (b) of
Section 706.5, the report and recommendations of any child advocate
appointed for the minor in the case, and any other reports submitted
to the court pursuant to subdivision (d), and shall consider the
efforts or progress, or both, demonstrated by the minor and family
and the extent to which the minor availed himself or herself of the
services provided.
   (g) At all status review hearings subsequent to the first
permanency planning hearing, the court shall consider the safety of
the minor and make the findings and orders as described in paragraphs
(1) to (4), inclusive, and (6) of subdivision (e). The court shall
either make a finding that the previously ordered permanent plan
continues to be appropriate or shall order that a new permanent plan
be adopted pursuant to subdivision (b) of Section 727.3. However, the
court shall not order a permanent plan of "return to the physical
custody of the parent or legal guardian after further reunification
services are offered," as described in paragraph (2) of subdivision
(b) of Section 727.3.
   (h) The status review hearings required by subdivision (c) may be
heard by an administrative review panel, provided that the
administrative panel meets all of the requirements listed in
subparagraph (B) of paragraph (7) of subdivision (d) of Section
727.4.

727.3.  The purpose of this section is to provide a means to monitor
the safety and well-being of every minor in foster care who has been
declared a ward of the juvenile court pursuant to Section 601 or 602
and to ensure that everything reasonably possible is done to
facilitate the safe and early return of the minor to his or her own
home or to establish an alternative permanent plan for the minor.
   (a) (1) For every minor declared a ward and ordered to be placed
in foster care, a permanency planning hearing shall be conducted
within 12 months of the date the minor entered foster care, as
defined in paragraph (4) of subdivision (d) of Section 727.4.
Subsequent permanency planning hearings shall be conducted
periodically, but no less frequently than once every 12 months
thereafter during the period of placement. It shall be the duty of
the probation officer to prepare a written social study report
including an updated case plan and a recommendation for a permanent
plan, pursuant to subdivision (c) of Section 706.5, and submit the
report to the court prior to each permanency planning hearing,
pursuant to subdivision (b) of Section 727.4.
   (2) Prior to any permanency planning hearing involving a minor in
the physical custody of a community care facility or foster family
agency, the facility or agency may file with the court a report
containing its recommendations, in addition to the probation officer'
s social study. Prior to any permanency planning hearing involving
the physical custody of a foster parent, relative caregiver,
preadoptive parent, or legal guardian, that person may present to the
court a report containing his or her recommendations. The court
shall consider all reports and recommendations filed pursuant to this
subdivision.
   (3) If the minor has a continuing involvement with his or her
parents or legal guardians, the parents or legal guardians shall be
involved in the planning for a permanent placement. The court order
placing the minor in a permanent placement shall include a
specification of the nature and frequency of visiting arrangements
with the parents or legal guardians.
   (4) At each permanency planning hearing, the court shall order a
permanent plan for the minor, as described in subdivision (b). The
court shall also make findings, as described in subdivision (e) of
Section 727.2. In the case of a minor who has reached 16 years of age
or older, the court shall, in addition, determine the services
needed to assist the minor to make the transition from foster care to
independent living. The court shall make all of these determinations
on a case-by-case basis and make reference to the probation officer'
s report, the case plan, or other evidence relied upon in making its
decisions.
   (b) At all permanency planning hearings, the court shall determine
the permanent plan for the minor. The court shall order one of the
following permanent plans, which are, in order of priority:
   (1) Return of the minor to physical custody of the parent or legal
guardian. The court shall order the return of the minor to the
physical custody of his or her parent or legal guardian unless:
   (A) Reunification services were not offered, pursuant to
subdivision (b) of Section 727.2.
   (B) The court finds, by a preponderance of the evidence, that the
return of the minor to his or her parent or legal guardian would
create a substantial risk of detriment to the safety, protection, or
physical or emotional well-being of the minor. The probation
department shall have the burden of establishing that detriment. In
making its determination, the court shall review and consider the
social study report and recommendations pursuant to Section 706.5,
the report and recommendations of any child advocate appointed for
the minor in the case, and any other reports submitted pursuant to
paragraph (2) of subdivision (a), and shall consider the efforts or
progress, or both, demonstrated by the minor and family and the
extent to which the minor availed himself or herself of the services
provided.
   (2) Order that the permanent plan for the minor will be to return
the minor to the physical custody of the parent or legal guardian,
order further reunification services to be provided to the minor and
his or her parent or legal guardian for a period not to exceed six
months and continue the case for up to six months for a subsequent
permanency planning hearing, provided that the subsequent hearing
shall occur within 18 months of the date the minor was originally
taken from physical custody of his or her parent or legal guardian.
The court shall continue the case only if it finds that there is a
substantial probability that the minor will be returned to the
physical custody of his or her parent or legal guardian and safely
maintained in the home within the extended period of time or that
reasonable services have not been provided to the parent or guardian.
For purposes of this section, in order to find that there is a
substantial probability that the minor will be returned to the
physical custody of his or her parent or legal guardian, the court
shall be required to find that the minor and his or her parent or
legal guardian have demonstrated the capacity and ability to complete
the objectives of the case plan.
   The court shall inform the parent or legal guardian that if the
minor cannot be returned home by the next permanency planning
hearing, a proceeding pursuant to Section 727.31 may be initiated.
   The court shall not continue the case for further reunification
services if it has been 18 months or more since the date the minor
was originally taken from the physical custody of his or her parent
or legal guardian.
   (3) Identify adoption as the permanent plan and order that a
hearing be held within 120 days, pursuant to the procedures described
in Section 727.31. The court shall only set a hearing pursuant to
Section 727.31 if there is clear and convincing evidence that
reasonable services have been provided or offered to the parents.
When the court sets a hearing pursuant to Section 727.31, it shall
order that an adoption assessment report be prepared, pursuant to
subdivision (b) of Section 727.31.
   (4) Order a legal guardianship, pursuant to procedures described
in subdivisions (c) to (f), inclusive, of Section 728.
   (5) Place the minor with a fit and willing relative. "Placement
with a fit and willing relative" means placing the minor with an
appropriate relative on a permanent basis. When a minor is placed
with a fit and willing relative, the court may authorize the relative
to provide the same legal consent for the minor's medical, surgical,
and dental care, and education as the custodial parent of the minor.
   (6) Place the minor in a planned permanent living arrangement. A
"planned permanent living arrangement" means any permanent living
arrangement described in Section 11402 and not listed in paragraphs
(1) to (5), inclusive, such as placement in a specific, identified
foster family home, program, or facility on a permanent basis, or
placement in a transitional housing placement facility. When the
court places a minor in a planned permanent living arrangement, the
court shall specify the goal of the placement, which may include, but
shall not be limited to, return home, emancipation, guardianship, or
permanent placement with a relative.
   The court shall only order that the minor remain in a planned
permanent living arrangement if the court finds by clear and
convincing evidence, based upon the evidence already presented to it
that there is a compelling reason, as defined in subdivision (c), for
determining that a plan of termination of parental rights and
adoption is not in the best interest of the minor.
   (c) A compelling reason for determining that a plan of termination
of parental rights and adoption is not in the best interest of the
minor is any of the following:
   (1) Documentation by the probation department that adoption is not
in the best interest of the minor and is not an appropriate
permanency goal. That documentation may include, but is not limited
to, documentation that:
   (A) The minor is 12 years of age or older and objects to
termination of parental rights.
   (B) The minor is an older teen who specifically requests that
emancipation be established as his or her permanent plan.
   (C) The parent or guardian and the minor have a significant bond,
but the parent or guardian is unable to care for the minor because of
an emotional or physical disability, and the minor's caregiver has
committed to raising the minor to the age of majority and
facilitating visitation with the disabled parent or guardian.
   (D) The minor agrees to continued placement in a residential
treatment facility that provides services specifically designed to
address the minor's treatment needs, and the minor's needs could not
be served by a less restrictive placement.
   The probation department's recommendation that adoption is not in
the best interest of the minor shall be based on the present family
circumstances of the minor and shall not preclude a different
recommendation at a later date if the minor's family circumstances
change.
   (2) Documentation by the probation department that no grounds
exist to file for termination of parental rights.
   (3) Documentation by the probation department that the minor is an
unaccompanied refugee minor, or there are international legal
obligations or foreign policy reasons that would preclude terminating
parental rights.
   (4) A finding by the court that the probation department was
required to make reasonable efforts to reunify the minor with the
family pursuant to subdivision (a) of Section 727.2, and did not make
those efforts.
   (5) Documentation by the probation department that the minor is
living with a relative who is unable or unwilling to adopt the minor
because of exceptional circumstances that do not include an
unwillingness to accept legal or financial responsibility for the
minor, but who is willing and capable of providing the minor with a
stable and permanent home environment, and the removal of the minor
from the physical custody of his or her relative would be detrimental
to the minor's emotional well-being.
   (d) Nothing in this section shall be construed to limit the
ability of a parent to voluntarily relinquish his or her child to the
State Department of Social Services when it is acting as an adoption
agency in counties that are not served by a county adoption agency
or to a licensed county adoption agency at any time while the minor
is a ward of the juvenile court if the department or agency is
willing to accept the relinquishment.
   (e) Any change in the permanent plan of a minor placed with a fit
and willing relative or in a planned permanent living arrangement
shall be made only by order of the court pursuant to a Section 778
petition or at a regularly scheduled and noticed status review
hearing or permanency planning hearing. Any change in the permanent
plan of a minor placed in a guardianship shall be made only by order
of the court pursuant to a motion filed in accordance with Section
728.

727.31.  (a) This section applies to all minors placed in
out-of-home care pursuant to Section 727.2 or 727.3 and for whom the
juvenile court orders a hearing to consider permanently terminating
parental rights to free the minor for adoption.
   Except for subdivision (j) of Section 366.26, the procedures for
permanently terminating parental rights for minors described by this
section shall proceed exclusively pursuant to Section 366.26.
   At the beginning of any proceeding pursuant to this section, if
the minor is not being represented by previously retained or
appointed counsel, the court shall appoint counsel to represent the
minor, and the minor shall be present in court unless the minor or
the minor's counsel so requests and the court so orders. If a parent
appears without counsel and is unable to afford counsel, the court
shall appoint counsel for the parent, unless this representation is
knowingly and intelligently waived. The same counsel shall not be
appointed to represent both the minor and the parent. Private counsel
appointed under this section shall receive a reasonable sum for
compensation and expenses as specified in subdivision (f) of
paragraph (3) of Section 366.26.
   (b) Whenever the court orders that a hearing pursuant to this
section shall be held, it shall direct the agency supervising the
minor and the licensed county adoption agency, or the State
Department of Social Services when it is acting as an adoption agency
in counties that are not served by a county adoption agency, to
prepare an assessment that shall include all of the following:
   (1) Current search efforts for an absent parent or parents.
   (2) A review of the amount and nature of any contact between the
minor and his or her parents and other members of his or her extended
family since the time of placement. Although the extended family of
each minor shall be reviewed on a case-by-case basis, "extended
family" for the purpose of the paragraph shall include, but not be
limited to, the minor's siblings, grandparents, aunts, and uncles.
   (3) An evaluation of the minor's medical, developmental,
scholastic, mental, and emotional status.
   (4) A preliminary assessment of the eligibility and commitment of
any identified prospective adoptive parent or guardian, particularly
the caretaker, to include a social history, including screening for
criminal records and prior referrals for child abuse or neglect, the
capability to meet the minor's needs, and the understanding of the
legal and financial rights and responsibilities of adoption and
guardianship. If a proposed guardian is a relative of the minor, and
the relative was assessed for foster care placement of the minor
prior to January 1, 1998, the assessment shall also consider, but
need not be limited to, all of the factors specified in subdivision
(a) of Section 361.3.
   (5) The relationship of the minor to any identified prospective
adoptive parent or guardian, the duration and character of the
relationship, the motivation for seeking adoption or guardianship,
and a statement from the minor concerning placement and the adoption
or guardianship, unless the minor's age or physical, emotional, or
other condition precludes his or her meaningful response, and if so,
a description of the condition.
   (6) An analysis of the likelihood that the minor will be adopted
if parental rights are terminated.
   (c) Whenever the court orders that a hearing pursuant to
procedures described in this section be held, it shall order that the
licensed county adoption agency, or the State Department of Social
Services when it is acting as an adoption agency in counties that are
not served by a county adoption agency, has exclusive responsibility
for determining the adoptive placement and making all
adoption-related decisions.
   (d) If the court, by order of judgment declares the minor free
from the custody and control of both parents, or one parent if the
other does not have custody and control, the court shall at the same
time order the minor referred to the State Department of Social
Services when it is acting as an adoption agency in counties that are
not served by a county adoption agency or a licensed county adoption
agency for adoptive placement by the agency. The order shall state
that responsibility for custody of the minor shall be held jointly by
the probation department and the State Department of Social Services
when it is acting as an adoption agency in counties that are not
served by a county adoption agency or the licensed county adoption
agency. The order shall also state that the State Department of
Social Services when it is acting as an adoption agency in counties
that are not served by a county adoption agency or the licensed
county adoption agency has exclusive responsibility for determining
the adoptive placement and for making all adoption-related decisions.
However, no petition for adoption may be granted until the appellate
rights of the natural parents have been exhausted.
   (e) The notice procedures for terminating parental rights for
minors described by this section shall proceed exclusively pursuant
to Section 366.23.

727.32.  (a) In any case where a minor has been declared a ward of
the juvenile court and has been in foster care for 15 of the most
recent 22 months, the probation department shall follow the
procedures described in Section 727.31 to terminate the parental
rights of the minor's parents, unless the probation department has
documented in the probation department file a compelling reason for
determining that termination of the parental rights would not be in
the minor's best interests, or the probation department has not
provided the family with reasonable efforts necessary to achieve
reunification. For purposes of this section, compelling reasons for
not terminating parental rights are those described in subdivision
(c) of Section 727.3.
   (b) For the purposes of this section, 15 out of the 22 months
shall be calculated from the "date entered foster care," as defined
in paragraph (4) of subdivision (d) of Section 727.4. When a minor
experiences multiple exits from and entries into foster care during
the 22-month period, the 15 months shall be calculated by adding
together the total number of months the minor spent in foster care in
the past 22 months. However, trial home visits and runaway episodes
should not be included in calculating 15 months in foster care.
   (c) If the probation department documented a compelling reason at
the time of the permanency planning hearing, pursuant to subdivision
(l) of Section 706.6, the probation department need not provide any
additional documentation to comply with the requirements of this
section.
   (d) When the probation department sets a hearing pursuant to
Section 727.31, it shall concurrently make efforts to identify an
approved family for adoption, and follow the procedures described in
subdivision (b) of Section 727.31.

727.4.  (a) (1) Notice of any hearing pursuant to Section 727,
727.2, or 727.3 shall be mailed by the probation officer to the
minor, the minor's parent or guardian, any adult provider of care to
the minor including, but not limited to, foster parents, relative
caregivers, preadoptive parents, community care facility, or foster
family agency, and to the counsel of record if the counsel of record
was not present at the time that the hearing was set by the court, by
first-class mail addressed to the last known address of the person
to be notified, or shall be personally served on those persons, not
earlier than 30 days nor later than 15 days preceding the date of the
hearing. The notice shall contain a statement regarding the nature
of the status review or permanency planning hearing and any change in
the custody or status of the minor being recommended by the
probation department. The notice shall also include a statement
informing the foster parents, relative caregivers, or preadoptive
parents that he or she may attend all hearings or may submit any
information he or she deems relevant to the court in writing. The
foster parents, relative caregiver, and preadoptive parents are
entitled to notice and opportunity to be heard but need not be made
parties to the proceedings. Proof of notice shall be filed with the
court.
   (2) If the court or probation officer knows or has reason to know
that the minor is or may be an Indian child, any notice sent under
this section shall comply with the requirements of Section 224.2.
   (b) At least 10 calendar days prior to each status review and
permanency planning hearing, after the hearing during which the court
orders that the care, custody and control of the minor to be under
the supervision of the probation officer for placement pursuant to
subdivision (a) of Section 727, the probation officer shall file a
social study report with the court, pursuant to the requirements
listed in Section 706.5.
   (c) The probation department shall inform the minor, the minor's
parent or guardian, and all counsel of record that a copy of the
social study prepared for the hearing will be available 10 days prior
to the hearing and may be obtained from the probation officer.
   (d) As used in Article 15 (commencing with Section 625) to Article
18 (commencing with Section 725), inclusive:
   (1) "Foster care" means residential care provided in any of the
settings described in Section 11402.
   (2) "At risk of entering foster care" means that conditions within
a minor's family may necessitate his or her entry into foster care
unless those conditions are resolved.
   (3) "Preadoptive parent" means a licensed foster parent who has
been approved for adoption by the State Department of Social Services
when it is acting as an adoption agency or by a licensed adoption
agency.
   (4) "Date of entry into foster care" means the date that is 60
days after the date on which the minor was removed from his or her
home, unless one of the exceptions below applies:
   (A) If the minor is detained pending foster care placement, and
remains detained for more than 60 days, then the date of entry into
foster care means the date the court adjudges the minor a ward and
orders the minor placed in foster care under the supervision of the
probation officer.
   (B) If, before the minor is placed in foster care, the minor is
committed to a ranch, camp, school, or other institution pending
placement, and remains in that facility for more than 60 days, then
the "date of entry into foster care" is the date the minor is
physically placed in foster care.
   (C) If at the time the wardship petition was filed, the minor was
a dependent of the juvenile court and in out-of-home placement, then
the "date of entry into foster care" is the earlier of the date the
juvenile court made a finding of abuse or neglect, or 60 days after
the date on which the child was removed from his or her home.
   (5) "Reasonable efforts" means:
   (A) Efforts made to prevent or eliminate the need for removing the
minor from the minor's home.
   (B) Efforts to make it possible for the minor to return home,
including, but not limited to, case management, counseling, parenting
training, mentoring programs, vocational training, educational
services, substance abuse treatment, transportation, and therapeutic
day services.
   (C) Efforts to complete whatever steps are necessary to finalize a
permanent plan for the minor.
   (D) In child custody proceedings involving an Indian child,
"reasonable efforts" shall also include "active efforts" as defined
in Section 361.7.
   (6) "Relative" means an adult who is related to the minor by
blood, adoption, or affinity within the fifth degree of kinship
including stepparents, stepsiblings, and all relatives whose status
is preceded by the words "great," "great-great," "grand," or the
spouse of any of these persons even if the marriage was terminated by
death or dissolution. "Relative" shall also include an "extended
family member" as defined in the Indian Child Welfare Act (25 U.S.C.
Sec. 1903(2)).
   (7) "Hearing" means a noticed proceeding with findings and orders
that are made on a case-by-case basis, heard by either of the
following:
   (A) A judicial officer, in a courtroom, recorded by a court
reporter.
   (B) An administrative panel, provided that the hearing is a status
review hearing and that the administrative panel meets the following
conditions:
   (i) The administrative review shall be open to participation by
the minor and parents or legal guardians and all those persons
entitled to notice under subdivision (a).
   (ii) The minor and his or her parents or legal guardians receive
proper notice as required in subdivision (a).
   (iii) The administrative review panel is composed of persons
appointed by the presiding judge of the juvenile court, the
membership of which shall include at least one person who is not
responsible for the case management of, or delivery of services to,
the minor or the parents who are the subjects of the review.
   (iv) The findings of the administrative review panel shall be
submitted to the juvenile court for the court's approval and shall
become part of the official court record.

727.5.  If a minor is found to be a person described in Section 601,
the court may order the minor to perform community service,
including, but not limited to, graffiti cleanup, for a total time not
to exceed 20 hours over a period not to exceed 30 days, during a
time other than his or her hours of school attendance or employment.

727.6.  Where any minor has been adjudged a ward of the court for
the commission of a "sexually violent offense," as defined in Section
6600, and committed to the Department of the Youth Authority, the
ward shall be given sexual offender treatment consistent with
protocols for that treatment developed or implemented by the
Department of the Youth Authority.

727.7.  (a) If a minor is found to be a person described in Section
602 by reason of the commission of a gang-related offense, and the
court finds that the minor is a first-time offender and orders that a
parent or guardian retain custody of that minor, the court may order
the parent or guardian to attend antigang violence parenting
classes.
   (b) The Department of Justice shall establish curriculum for the
antigang violence parenting classes required pursuant to this
section, including, but not limited to, all of the following
criteria:
   (1) A meeting in which the families of innocent victims of gang
violence share their experience.
   (2) A meeting in which the surviving parents of a deceased gang
member share their experience.
   (3) How to identify gang and drug activity in children.
   (4) How to communicate effectively with adolescents.
   (5) An overview of pertinent support agencies and organizations
for intervention, education, job training, and positive recreational
activities, including telephone numbers, locations, and contact names
of those agencies and organizations.
   (6) The potential fines and periods of incarceration for the
commission of additional gang-related offenses.
   (7) The potential penalties that may be imposed upon parents for
aiding and abetting crimes committed by their children.
   (c) For purposes of this section, "gang-related" means that the
minor was an active participant in a criminal street gang, as
specified in subdivision (a) of Section 186.22 of the Penal Code, or
committed an offense for the benefit of, or at the direction of, a
criminal street gang, as specified in subdivision (b) or (d) of
Section 186.22 of the Penal Code.
   (d) The father, mother, spouse, or other person liable for the
support of the minor, the estate of that person, and the estate of
the minor shall be liable for the cost of classes ordered pursuant to
this section, unless the court finds that the person or estate does
not have the financial ability to pay. In evaluating financial
ability to pay, the court shall take into consideration the combined
household income, the necessary obligations of the household, the
number of persons dependent upon this income, and whether reduced
monthly payments would obviate the need to waive liability for the
full costs.

728.  (a) The juvenile court may terminate or modify a guardianship
of the person of a minor previously established under the Probate
Code, or appoint a coguardian or successor guardian of the person of
the minor, if the minor is the subject of a petition filed under
Section 300, 601, or 602. If the probation officer supervising the
minor provides information to the court regarding the minor's present
circumstances and makes a recommendation to the court regarding a
motion to terminate or modify a guardianship established in any
county under the Probate Code, or to appoint a coguardian or
successor guardian, of the person of a minor who is before the
juvenile court under a petition filed under Section 300, 601, or 602,
the court shall order the appropriate county department, or the
district attorney or county counsel, to file the recommended motion.
The motion may also be made by the guardian or the minor's attorney.
The hearing on the motion may be held simultaneously with any
regularly scheduled hearing held in proceedings to declare the minor
a dependent child or ward of the court, or at any subsequent hearing
concerning the dependent child or ward. Notice requirements of
Section 1511 of the Probate Code shall apply to the proceedings in
juvenile court under this subdivision.
   (b) If the juvenile court decides to terminate or modify a
guardianship previously established under the Probate Code pursuant
to subdivision (a), the juvenile court shall provide notice of that
decision to the court in which the guardianship was originally
established. The clerk of the superior court, upon receipt of the
notice, shall file the notice with other documents and records of the
pending proceeding and send by first-class mail a copy of the notice
to all parties of record in the superior court.
   (c) If, at any time during the period a minor under the age of 18
years is a ward of the juvenile court, the probation officer
supervising the minor recommends to the court that the court
establish a guardianship of the person of the minor and appoint a
specific adult to act as guardian, or on the motion of the minor's
attorney, or on the order of the court that a guardianship shall be
established as the minor's permanent plan pursuant to paragraph (4)
of subdivision (b) of Section 727.3, the court shall set a hearing to
consider the recommendation or motion and shall order the clerk to
notice the minor's parents and relatives as required in Section 1511
of the Probate Code. If the motion is not made by the minor's
attorney, the court may appoint the district attorney or county
counsel to prosecute the action.
   (d) At the hearing described in subdivision (c), the court shall
determine if the appointment of a guardian of the person of the minor
appears necessary or convenient, and is consistent with the
rehabilitation and protection of the minor and with public safety,
and if the court so determines, it shall appoint a guardian of the
person of the minor and order that letters of guardianship issue
pursuant to the standards and procedures specified in the Probate
Code.
   (e) Upon the appointment of a guardian pursuant to subdivision
(d), the court may continue wardship and conditions of probation, or
may terminate the wardship of the minor.
   (f) Notwithstanding Section 1601 of the Probate Code, the
proceedings to modify or terminate a guardianship granted under this
section shall be held in the juvenile court unless the termination is
due to the emancipation or adoption of the minor.
   (g) The Judicial Council shall develop rules of court and adopt
appropriate forms for the findings and orders under this section.

729.  If a minor is found to be a person described in Section 602 by
reason of the commission of a battery on school property as
described in Penal Code Section 243.5, and the court does not remove
the minor from the physical custody of the parent or guardian, the
court as a condition of probation, except in any case in which the
court makes a finding and states on the record its reasons that the
condition would be inappropriate, shall require the minor to make
restitution to the victim of the battery. If restitution is found to
be inappropriate, the court, except in any case in which the court
makes a finding and states on the record its reasons that the
condition would be inappropriate, shall require the minor to perform
specified community service. Nothing in this section shall be
construed to limit the authority of a juvenile court to provide
conditions of probation.

729.1.  (a) (1) If a minor is found to be a person described in
Section 602 by reason of the commission of a crime which takes place
on a public transit vehicle, and the court does not remove the minor
from the physical custody of the parent or guardian, the court as a
condition of probation, except in any case in which the court makes a
finding and states on the record its reasons that the condition
would be inappropriate, shall require the minor to wash, paint,
repair or replace the damaged or destroyed property, or otherwise
make restitution to the property owner. If restitution is found to be
inappropriate, the court, except in any case in which the court
makes a finding and states on the record its reasons that the
condition would be inappropriate, shall require the minor to perform
specified community service. Nothing in this section shall be
construed to limit the authority of a juvenile court to provide
conditions of probation.
   (2) In lieu of the community service required pursuant to
paragraph (1), the court may, if a jurisdiction has adopted a
graffiti abatement program as defined in subdivision (f) of Section
594 of the Penal Code, order the defendant, and his or her parents or
guardians, as a condition of probation, to keep a specified property
in the community free of graffiti for 90 days. Participation of a
parent or guardian is not required under this paragraph if the court
deems this participation to be detrimental to the defendant, or if
the parent or guardian is a single parent who must care for young
children.
   (b) As used in subdivision (a), "public transit vehicle" means any
motor vehicle, street car, trackless trolley, bus, shuttle, light
rail system, rapid transit system, subway, train, taxi cab, or
jitney, which transports members of the public for hire.
   (c) The court may order any person ordered to perform community
service or graffiti removal pursuant to subdivision (a) to undergo
counseling.

729.2.  If a minor is found to be a person described in Section 601
or 602 and the court does not remove the minor from the physical
custody of the parent or guardian, the court as a condition of
probation, except in any case in which the court makes a finding and
states on the record its reasons that that condition would be
inappropriate, shall:
   (a) Require the minor to attend a school program approved by the
probation officer without absence.
   (b) Require the parents or guardian of the minor to participate
with the minor in a counseling or education program, including, but
not limited to, parent education and parenting programs operated by
community colleges, school districts, or other appropriate agencies
designated by the court or the probation department, unless the minor
has been declared a dependent child of the court pursuant to Section
300 or a petition to declare the minor a dependent child of the
court pursuant to Section 300 is pending.
   (c) Require the minor to be at his or her legal residence between
the hours of 10:00 p.m. and 6:00 a.m. unless the minor is accompanied
by his or her parent or parents, legal guardian or other adult
person having the legal care or custody of the minor.

729.3.  If a minor is found to be a person described in Section 601
or 602 and the court does not remove the minor from the physical
custody of his or her parent or guardian, the court, as a condition
of probation, may require the minor to submit to urine testing upon
the request of a peace officer or probation officer for the purpose
of determining the presence of alcohol or drugs.

729.5.  (a) If a petition alleges that a minor is a person described
by Section 602 and the petition is sustained, the court, in addition
to the notice required by any other provision of law, may issue a
citation to the minor's parents or guardians, ordering them to appear
in the court at the time and date stated for a hearing to impose a
restitution fine pursuant to Section 730.6.
   (b) The citation shall notify the parent or guardian that, at the
hearing, the parent or guardian may be held liable for the payment of
restitution if the minor is ordered to make restitution to the
victim.The citation shall contain a warning that the failure to
appear at the time and date stated may result in an order that the
parent or guardian pay restitution up to the limits provided for in
Sections 1714.1 and 1714.3 of the Civil Code.
   (c) The hearing described in subdivision (b) may be held
immediately following the disposition hearing or at a later date, at
the option of the court.
   (d) If the parent or guardian fails to appear pursuant to this
section, the court may hold the parent or guardian jointly and
severally liable with the minor for restitution, subject to the
limitations contained in subdivision (b).
   (e) Execution may be issued on an order holding a parent or
guardian jointly or severally liable with the minor for restitution
in the same manner as on a judgment in a civil action, including any
balance unpaid at the termination of the court's jurisdiction over
the minor.
   (f) At any time prior to the full payment of restitution ordered
pursuant to this section, a person held liable for payment of
restitution may petition the court to modify or vacate the order
based on a showing of change in circumstances.
   (g) Service of the citation shall be made on all parents or
guardians of the minor whose names and addresses are known to the
petitioner.
   (h) Service of the citation shall be made at least 10 days prior
to the time and date stated therein for appearance, in the manner
provided by law for the service of a summons in a civil action, other
than by publication.
   (i) This section shall not apply to any case where a citation has
been issued pursuant to Section 742.18.
   (j) Nothing in this section shall be interpreted to make an
insurer liable for a loss caused by the willful act of the insured or
the insured's dependents within the meaning of Section 533 of the
Insurance Code.
   (k) This section does not apply to foster parents.

729.6.  If a minor is found to be a person described in Section 602
by reason of the commission of an offense described in Section 241.2
or 243.2 of the Penal Code, the court shall, in addition to any other
fine, sentence, or as a condition of probation, order the minor to
attend counseling at the expense of the minor's parents. The court
shall take into consideration the ability of the minor's parents
consistent with Section 730.7 to pay, however, no minor shall be
relieved of attending counseling because of the minor's parents'
inability to pay for the counseling imposed by this section.

729.7.  At the request of the victim, the probation officer shall
assist in mediating a service contract between the victim and the
minor under which the amount of restitution owed to the victim by the
minor pursuant to Section 729.6, as operative on or before August 2,
1995, or Section 730.6 may be paid by performance of specified
services. If the court approves of the contract, the court may make
performance of services under the terms of the contract a condition
of probation. Successful performance of service shall be credited as
payment of restitution in accordance with the terms of the contract
approved by the court.

729.8.  (a) If a minor is found to be a person described in Section
602 by reason of the unlawful possession, use, sale, or other
furnishing of a controlled substance, as defined in Chapter 2
(commencing with Section 11053) of the Health and Safety Code, an
imitation controlled substance, as defined in Section 109550 of the
Health and Safety Code, or toluene or a toxic, as described in
Section 381 of the Penal Code, upon the grounds of any school
providing instruction in kindergarten, or any of grades 1 to 12,
inclusive, or any church or synagogue, playground, public or private
youth center, child day care facility, or public swimming pool,
during hours in which these facilities are open for business,
classes, or school-related activities or programs, or at any time
when minors are using the facility, the court, as a condition of
probation, except in any case in which the court makes a finding and
states on the record its reasons that the condition would be
inappropriate, shall require the minor to perform not more than 100
hours of community service.
   (b) The definitions contained in subdivision (e) of Section
11353.1 shall apply to this section.
   (c) As used in this section, "community service" means any of the
following:
   (1) Picking up litter along public streets or highways.
   (2) Cleaning up graffiti on school grounds or any public property.
   (3) Performing services in a drug rehabilitation center.

729.9.  If a minor is found to be a person described in Section 602
by reason of the commission of an offense involving the unlawful
possession, use, sale, or other furnishing of a controlled substance,
as defined in Chapter 2 (commencing with Section 11053) of Division
10 of the Health and Safety Code, and, unless it makes a finding that
this condition would not serve the interests of justice, the court,
when recommended by the probation officer, shall require, as a
condition of probation, in addition to any other disposition
authorized by law, that the minor shall not use or be under the
influence of any controlled substance and shall submit to drug and
substance abuse testing as directed by the probation officer. If the
minor is required to submit to testing and has the financial ability
to pay all or part of the costs associated with that testing, the
court shall order the minor to pay a reasonable fee, which shall not
exceed the actual cost of the testing.

729.10.  (a) Whenever, in any county specified in subdivision (b), a
judge of a juvenile court or referee of a juvenile court finds a
minor to be a person described in Section 602 by reason of the
commission of an offense involving the unlawful possession, use,
sale, or other furnishing of a controlled substance, as defined in
Chapter 2 (commencing with Section 11053) of Division 10 of the
Health and Safety Code, or for violating subdivision (f) of Section
647 of the Penal Code, or Section 25662 of the Business and
Professions Code, the minor shall be required to participate in, and
successfully complete, an alcohol or drug education program, or both
of those programs, as designated by the court. The expense of the
person's attendance in the program shall be paid by the person's
parents or guardian so long as the person is under the age of 18
years, and shall be paid by the person thereafter. The court shall
consider the financial capacity of the person, or the person's
parents or guardian, to pay the expense of the person's attendance in
the program, and is authorized to waive all or part of the payment
of the fee upon a finding of insufficient financial capacity to incur
the cost of the fee. However, in approving the program, each county
shall require the program to provide for the payment of the fee for
the program in installments by any person who cannot afford to pay
the full fee at the commencement of the program because of the person'
s income, earning capacity, or financial resources, and shall require
the program to provide for the waiver of the fee for any person who
is indigent, as determined by criteria for indigency established by
the board of supervisors. Whenever it can be done without substantial
additional cost, each county shall require that the program be
provided for juveniles at a separate location from, or at a different
time of day than, alcohol and drug education programs for adults.
   (b) This section applies only in those counties that have one or
more alcohol or drug education programs certified by the county
alcohol program administrator and approved by the board of
supervisors.

729.12.  (a) It is the intent of the Legislature to authorize an
Assessment, Orientation, and Volunteer Mentor Pilot Program in San
Diego County. The pilot project will operate under the authority of
the county Alcohol and Drug Program Administrator in conjunction with
the San Diego Juvenile Court and the County of San Diego Probation
Department.
   (b) Whenever a judge of the San Diego County Juvenile Court or a
referee of the San Diego Juvenile Court finds a minor to be a person
described in Section 601 or 602 for any reason, the minor may be
assessed and screened for drug and alcohol use and abuse; and if the
assessment and screening determines the need for drug and alcohol
education and intervention, the minor may be required to participate
in, and successfully complete, an alcohol and drug orientation, and
to participate in, and successfully complete, an alcohol or drug
program with a local community-based service provider, as designated
by the court.
   (c) The Assessment, Orientation, and Volunteer Mentor Pilot
Program may operate for a minimum of three years and may screen and
assess for drug and alcohol problems, minors who are declared wards
of San Diego Juvenile Court.
   (d) Drug and alcohol assessments may be conducted utilizing a
standardized instrument that shall be approved by the county Alcohol
and Drug Program Administrator in conjunction with San Diego Juvenile
Court and the San Diego County Probation Department.
   (e) Those minors who are determined to have drug and alcohol
problems, may be required to participate in, and successfully
complete, a drug and alcohol orientation. The orientation may provide
drug and alcohol education and intervention, referral to community
resources for followup education and intervention and arrange for
volunteers to serve as mentors to assist each minor in addressing
their drug and alcohol problem. Parents or guardians of minors will
have the opportunity to participate in the orientation program in
order to help juveniles address drug and alcohol use or abuse
problems.
   (f) As a condition of probation, each minor may be required to
submit to drug testing. Drug testing may be conducted on a random
basis by a qualified drug and alcohol service provider in
coordination with the county probation department. All contested drug
tests may be confirmed by a National Institute for Drug Abuse
certified drug laboratory and the findings may be reported to the
probation officer for appropriate action. The drug testing protocol
may be approved by the county Alcohol and Drug Program Administrator
in conjunction with San Diego Juvenile Court and the County of San
Diego Probation Department.
   (g) An evaluation of the pilot program shall be conducted and
results of the program shall be submitted to state alcohol and drug
programs and to the Legislature at the conclusion of the pilot
program. The evaluation shall include, but not be limited to, all of
the following:
   (1) The number and percentage of juveniles screened.
   (2) The number and percentage of juveniles given followup
education and intervention.
   (3) The number of mentors recruited and trained.
   (4) The number and percentage of juveniles assigned to a mentor.
   (5) The length of time in an education and intervention program.
   (6) The program completion rates.
   (7) The number of subsequent violations.
   (8) The number of re-arrests.
   (9) The urine test results.
   (10) The subsequent drug or alcohol use.
   (11) The participant's perceptions of program utility.
   (12) The provider's perceptions of program utility.
   (13) The mentor's perceptions of program utility.

729.13.  (a) The Department of the Youth Authority shall recognize,
on an annual basis, exemplary Californians who do any of the
following:
   (1) Voluntarily participate in a youth mentoring program in their
communities.
   (2) Perform special acts or special services that promote youth
mentoring programs in their communities.
   (3) By their superior accomplishments, make exceptional
contributions to creating, maintaining, or fostering volunteer youth
mentoring programs in California.
   (b) The Department of the Youth Authority shall recognize, on an
annual basis, the outstanding achievements of present and former
wards of the juvenile court, whether committed to state institutions
or community-based programs.
   (c) Recognition awards shall be made in accordance with procedures
and standards established by the department.
   (d) Any expenditures made or costs incurred for the purposes of
this section may be paid from funds appropriated for the support of
the department that are otherwise unencumbered.
   (e) As used in subdivision (a), "youth mentoring programs" means
programs designed to foster positive, role-model relationships
between adult community volunteers and minors who are living in
conditions that place them at risk for delinquent or criminal
conduct.

730.  (a) When a minor is adjudged a ward of the court on the ground
that he or she is a person described by Section 602, the court may
order any of the types of treatment referred to in Section 727, and
as an additional alternative, may commit the minor to a juvenile
home, ranch, camp, or forestry camp. If there is no county juvenile
home, ranch, camp, or forestry camp within the county, the court may
commit the minor to the county juvenile hall.
   (b) When a ward described in subdivision (a) is placed under the
supervision of the probation officer or committed to the care,
custody, and control of the probation officer, the court may make any
and all reasonable orders for the conduct of the ward including the
requirement that the ward go to work and earn money for the support
of his or her dependents or to effect reparation and in either case
that the ward keep an account of his or her earnings and report the
same to the probation officer and apply these earnings as directed by
the court. The court may impose and require any and all reasonable
conditions that it may determine fitting and proper to the end that
justice may be done and the reformation and rehabilitation of the
ward enhanced.
   (c) When a ward described in subdivision (a) is placed under the
supervision of the probation officer or committed to the care,
custody, and control of the probation officer, and is required as a
condition of probation to participate in community service or
graffiti cleanup, the court may impose a condition that if the minor
unreasonably fails to attend or unreasonably leaves prior to
completing the assigned daily hours of community service or graffiti
cleanup, a law enforcement officer may take the minor into custody
for the purpose of returning the minor to the site of the community
service or graffiti cleanup.

730.5.  When a minor is adjudged a ward of the court on the ground
that he or she is a person described in Section 602, in addition to
any of the orders authorized by Section 726, 727, 730, or 731, the
court may levy a fine against the minor up to the amount that could
be imposed on an adult for the same offense, if the court finds that
the minor has the financial ability to pay the fine. Section 1464 of
the Penal Code applies to fines levied pursuant to this section.

730.6.  (a) (1) It is the intent of the Legislature that a victim of
conduct for which a minor is found to be a person described in
Section 602 who incurs any economic loss as a result of the minor's
conduct shall receive restitution directly from that minor.
   (2) Upon a minor being found to be a person described in Section
602, the court shall consider levying a fine in accordance with
Section 730.5. In addition, the court shall order the minor to pay,
in addition to any other penalty provided or imposed under the law,
both of the following:
   (A) A restitution fine in accordance with subdivision (b).
   (B) Restitution to the victim or victims, if any, in accordance
with subdivision (h).
   (b) In every case where a minor is found to be a person described
in Section 602, the court shall impose a separate and additional
restitution fine. The restitution fine shall be set at the discretion
of the court and commensurate with the seriousness of the offense as
follows:
   (1) If the minor is found to be a person described in Section 602
by reason of the commission of one or more felony offenses, the
restitution fine shall not be less than one hundred dollars ($100)
and not more than one thousand dollars ($1,000). A separate hearing
for the fine shall not be required.
   (2) If the minor is found to be a person described in Section 602
by reason of the commission of one or more misdemeanor offenses, the
restitution fine shall not exceed one hundred dollars ($100). A
separate hearing for the fine shall not be required.
   (c) The restitution fine shall be in addition to any other
disposition or fine imposed and shall be imposed regardless of the
minor's inability to pay. This fine shall be deposited in the
Restitution Fund, the proceeds of which shall be distributed pursuant
to Section 13967 of the Government Code.
   (d) (1) In setting the amount of the fine pursuant to subparagraph
(A) of paragraph (2) of subdivision (a), the court shall consider
any relevant factors including, but not limited to, the minor's
ability to pay, the seriousness and gravity of the offense and the
circumstances of its commission, any economic gain derived by the
minor as a result of the offense, and the extent to which others
suffered losses as a result of the offense. The losses may include
pecuniary losses to the victim or his or her dependents as well as
intangible losses such as psychological harm caused by the offense.
   (2) The consideration of a minor's ability to pay may include his
or her future earning capacity. A minor shall bear the burden of
demonstrating a lack of his or her ability to pay.
   (e) Express findings of the court as to the factors bearing on the
amount of the fine shall not be required.
   (f) Except as provided in subdivision (g), under no circumstances
shall the court fail to impose the separate and additional
restitution fine required by subparagraph (A) of paragraph (2) of
subdivision (a). This fine shall not be subject to penalty
assessments pursuant to Section 1464 of the Penal Code.
   (g) In a case in which the minor is a person described in Section
602 by reason of having committed a felony offense, if the court
finds that there are compelling and extraordinary reasons, the court
may waive imposition of the restitution fine required by subparagraph
(A) of paragraph (2) of subdivision (a). When a waiver is granted,
the court shall state on the record all reasons supporting the
waiver.
   (h) Restitution ordered pursuant to subparagraph (B) of paragraph
(2) of subdivision (a) shall be imposed in the amount of the losses,
as determined. If the amount of loss cannot be ascertained at the
time of sentencing, the restitution order shall include a provision
that the amount shall be determined at the direction of the court at
any time during the term of the commitment or probation. The court
shall order full restitution unless it finds compelling and
extraordinary reasons for not doing so, and states them on the
record. A minor's inability to pay shall not be considered a
compelling or extraordinary reason not to impose a restitution order,
nor shall inability to pay be a consideration in determining the
amount of the restitution order. A restitution order pursuant to
subparagraph (B) of paragraph (2) of subdivision (a), to the extent
possible, shall identify each victim, unless the court for good cause
finds that the order should not identify a victim or victims, and
the amount of each victim's loss to which it pertains, and shall be
of a dollar amount sufficient to fully reimburse the victim or
victims for all determined economic losses incurred as the result of
the minor's conduct for which the minor was found to be a person
described in Section 602, including all of the following:
   (1) Full or partial payment for the value of stolen or damaged
property. The value of stolen or damaged property shall be the
replacement cost of like property, or the actual cost of repairing
the property when repair is possible.
   (2) Medical expenses.
   (3) Wages or profits lost due to injury incurred by the victim,
and if the victim is a minor, wages or profits lost by the minor's
parent, parents, guardian, or guardians, while caring for the injured
minor. Lost wages shall include any commission income as well as any
base wages. Commission income shall be established by evidence of
commission income during the 12-month period prior to the date of the
crime for which restitution is being ordered, unless good cause for
a shorter time period is shown.
   (4) Wages or profits lost by the victim, and if the victim is a
minor, wages or profits lost by the minor's parent, parents,
guardian, or guardians, due to time spent as a witness or in
assisting the police or prosecution. Lost wages shall include any
commission income as well as any base wages. Commission income shall
be established by evidence of commission income during the 12-month
period prior to the date of the crime for which restitution is being
ordered, unless good cause for a shorter time period is shown.
   A minor shall have the right to a hearing before a judge to
dispute the determination of the amount of restitution. The court may
modify the amount on its own motion or on the motion of the district
attorney, the victim or victims, or the minor. If a motion is made
for modification of a restitution order, the victim shall be notified
of that motion at least 10 days prior to the hearing on the motion.
When the amount of victim restitution is not known at the time of
disposition, the court order shall identify the victim or victims,
unless the court finds for good cause that the order should not
identify a victim or victims, and state that the amount of
restitution for each victim is to be determined. When feasible, the
court shall also identify on the court order, any cooffenders who are
jointly and severally liable for victim restitution.
   (i) A restitution order imposed pursuant to subparagraph (B) of
paragraph (2) of subdivision (a) shall identify the losses to which
it pertains, and shall be enforceable as a civil judgment pursuant to
subdivision (r). The making of a restitution order pursuant to this
subdivision shall not affect the right of a victim to recovery from
the Restitution Fund in the manner provided elsewhere, except to the
extent that restitution is actually collected pursuant to the order.
Restitution collected pursuant to this subdivision shall be credited
to any other judgments for the same losses obtained against the minor
or the minor's parent or guardian arising out of the offense for
which the minor was found to be a person described in Section 602.
Restitution imposed shall be ordered to be made to the Restitution
Fund to the extent that the victim, as defined in subdivision (j),
has received assistance from the Victims of Crime Program pursuant to
Article 5 (commencing with Section 13959) of Chapter 5 of Part 4 of
Division 3 of Title 2 of the Government Code.
   (j) For purposes of this section, "victim" shall include:
   (1)  The immediate surviving family of the actual victim.
   (2) Any governmental entity that is responsible for repairing,
replacing, or restoring public or privately owned property that has
been defaced with graffiti or other inscribed material, as defined in
subdivision (e) of Section 594, and that has sustained an economic
loss as the result of a violation of Section 594, 594.3, 594.4,
640.5, 640.6, or 640.7 of the Penal Code.
   (k) Nothing in this section shall prevent a court from ordering
restitution to any corporation, business trust, estate, trust,
partnership, association, joint venture, government, governmental
subdivision, agency, or instrumentality, or any other legal or
commercial entity when that entity is a direct victim of an offense.
   (l) Upon a minor being found to be a person described in Section
602, the court shall require as a condition of probation the payment
of restitution fines and orders imposed under this section. Any
portion of a restitution order that remains unsatisfied after a minor
is no longer on probation shall continue to be enforceable by a
victim pursuant to subdivision (r) until the obligation is satisfied
in full.
   (m) Probation shall not be revoked for failure of a person to make
restitution pursuant to this section as a condition of probation
unless the court determines that the person has willfully failed to
pay or failed to make sufficient bona fide efforts to legally acquire
the resources to pay.
   (n) If the court finds and states on the record compelling and
extraordinary reasons why restitution should not be required as
provided in paragraph (2) of subdivision (a), the court shall order,
as a condition of probation, that the minor perform specified
community service.
   (o) The court may avoid ordering community service as a condition
of probation only if it finds and states on the record compelling and
extraordinary reasons not to order community service in addition to
the finding that restitution pursuant to paragraph (2) of subdivision
(a) should not be required.
   (p) When a minor is committed to the Department of the Youth
Authority, the court shall order restitution to be paid to the victim
or victims, if any. Payment of restitution to the victim or victims
pursuant to this subdivision shall take priority in time over payment
of any other restitution fine imposed pursuant to this section.
   (q) At its discretion, the board of supervisors of any county may
impose a fee to cover the actual administrative cost of collecting
the restitution fine, not to exceed 10 percent of the amount ordered
to be paid, to be added to the restitution fine and included in the
order of the court, the proceeds of which shall be deposited in the
general fund of the county.
   (r) If the judgment is for a restitution fine ordered pursuant to
subparagraph (A) of paragraph (2) of subdivision (a), or a
restitution order imposed pursuant to subparagraph (B) of paragraph
(2) of subdivision (a), the judgment may be enforced in the manner
provided in Section 1214 of the Penal Code.

730.7.  (a) In a case in which a minor is ordered to make
restitution to the victim or victims, or the minor is ordered to pay
fines and penalty assessments under any provision of this code, a
parent or guardian who has joint or sole legal and physical custody
and control of the minor shall be rebuttably presumed to be jointly
and severally liable with the minor in accordance with Sections
1714.1 and 1714.3 of the Civil Code for the amount of restitution,
fines, and penalty assessments so ordered, up to the limits provided
in those sections, subject to the court's consideration of the parent'
s or guardian's inability to pay. When considering the parent's or
guardian's inability to pay, the court may consider future earning
capacity, present income, the number of persons dependent on that
income, and the necessary obligations of the family, including, but
not limited to, rent or mortgage payments, food, children's school
tuition, children's clothing, medical bills, and health insurance.
The parent or guardian shall have the burden of showing an inability
to pay. The parent or guardian shall also have the burden of showing
by a preponderance of the evidence that the parent or guardian was
either not given notice of potential liability for payment of
restitution, fines, and penalty assessments prior to the petition
being sustained by an admission or adjudication, or that he or she
was not present during the proceedings wherein the petition was
sustained either by admission or adjudication and any hearing
thereafter related to restitution, fines, or penalty assessments.
   (b) In cases in which the court orders restitution to the victim
or victims of the offense, each victim in whose favor the restitution
order has been made shall be notified within 60 days after
restitution has been ordered of the following:
   (1) The name and address of the minor ordered to make restitution.
   (2) The amount and any terms or conditions of restitution.
   (3) The offense or offenses that were sustained.
   (4) The name and address of the parent or guardian of the minor.
   (5) The rebuttable presumption that the parent or guardian is
jointly and severally liable with the minor for the amount of
restitution so ordered in accordance with Sections 1714.1 and 1714.3
of the Civil Code, up to the limits provided in those sections, and
that the parent or guardian has the burden of showing by a
preponderance of the evidence that the parent or guardian was either
not given notice of potential liability for payment of restitution
prior to the petition being sustained by an admission or
adjudication, or that he or she was not present during the
proceedings wherein the petition was sustained by an admission or
adjudication and any hearings thereafter related to restitution.
   (6) Whether the notice and presence requirements of paragraph (5)
were met.
   (7) The victim's rights to a certified copy of the order
reflecting the information specified in this subdivision.
   (c) The victim has a right, upon request, to a certified copy of
the order reflecting the information specified in subdivision (b).
   (d) This section does not apply to foster parents.
   (e) Nothing in this section shall be construed to make an insurer
liable for a loss caused by the willful act of the insured or the
dependents of the insured pursuant to Section 533 of the Insurance
Code.

730.8.  (a) Except as provided in subdivision (b), the court shall
require any minor who is ordered to pay restitution pursuant to
Section 730.6, or to perform community service, to report to the
court on his or her compliance with the court's restitution order or
order for community service, or both, no less than annually until the
order is fulfilled.
   (b) For any minor committed to the Department of the Youth
Authority, the department shall monitor the compliance with any order
of the court that requires the minor to pay restitution. Upon the
minor's discharge from the Department of the Youth Authority, the
department shall notify the court regarding the minor's compliance
with an order to pay restitution.

731.  (a) If a minor is adjudged a ward of the court on the ground
that he or she is a person described by Section 602, the court may
order any of the types of treatment referred to in Sections 727 and
730 and, in addition, may do any of the following:
   (1) Order the ward to make restitution, to pay a fine up to two
hundred fifty dollars ($250) for deposit in the county treasury if
the court finds that the minor has the financial ability to pay the
fine, or to participate in uncompensated work programs.
   (2) Commit the ward to a sheltered-care facility.
   (3) Order that the ward and his or her family or guardian
participate in a program of professional counseling as arranged and
directed by the probation officer as a condition of continued custody
of the ward.
   (4) Commit the ward to the Department of Corrections and
Rehabilitation, Division of Juvenile Facilities, if the ward has
committed an offense described in subdivision (b) of Section 707 and
is not otherwise ineligible for commitment to the division under
Section 733.
   (b) The Division of Juvenile Facilities shall notify the
Department of Finance when a county recalls a ward pursuant to
Section 731.1. The division shall provide the department with the
date the ward was recalled and the number of months the ward has
served in a state facility. The division shall provide this
information in the format prescribed by the department and within the
timeframes established by the department.
   (c) A ward committed to the Division of Juvenile Facilities may
not be held in physical confinement for a period of time in excess of
the maximum period of imprisonment that could be imposed upon an
adult convicted of the offense or offenses that brought or continued
the minor under the jurisdiction of the juvenile court. A ward
committed to the Division of Juvenile Facilities also may not be held
in physical confinement for a period of time in excess of the
maximum term of physical confinement set by the court based upon the
facts and circumstances of the matter or matters that brought or
continued the ward under the jurisdiction of the juvenile court,
which may not exceed the maximum period of adult confinement as
determined pursuant to this section. This section does not limit the
power of the Board of Parole Hearings to retain the ward on parole
status for the period permitted by Section 1769.

731.1.  Notwithstanding any other law, the court committing a ward
to the Department of Corrections and Rehabilitation, Division of
Juvenile Facilities, upon the recommendation of the chief probation
officer of the county, may recall that commitment in the case of any
ward whose commitment offense was not an offense listed in
subdivision (b) of Section 707, unless the offense was a sex offense
set forth in subdivision (c) of Section 290.008 of the Penal Code,
and who remains confined in an institution operated by the division
on or after September 1, 2007. Upon recall of the ward, the court
shall set and convene a recall disposition hearing for the purpose of
ordering an alternative disposition for the ward that is appropriate
under all of the circumstances prevailing in the case. The court
shall provide to the division no less than 15 days advance notice of
the recall hearing date, and the division shall transport and deliver
the ward to the custody of the probation department of the
committing county no less than five days prior to the scheduled date
of the recall hearing. Pending the recall disposition hearing, the
ward shall be detained or housed in the manner and place, consistent
with the requirements of law, as may be directed by the court in its
order of recall. The timing and procedure of the recall disposition
hearing shall be consistent with the rules, rights, and procedures
applicable to delinquency disposition hearings, as described in
Article 17 (commencing with Section 675).

731.2.  (a) The Department of the Youth Authority and Fresno County
may enter into a partnership for the establishment and maintenance of
a pilot program juvenile boot camp similar to the program described
in Section 731.6, but developed primarily by the county with the
Department of the Youth Authority and the county sharing the costs
equally, except as specified in subdivision (b).
   (b) Under the partnership, the Department of the Youth Authority
shall bear all the costs of retrofitting a facility, which is to be
provided by the county at county expense.
   (c) The implementation of this pilot program shall be contingent
upon the appropriation of funds to the Department of the Youth
Authority for the pilot program in either the Budget Act of 1996 or
subsequent legislation.

731.5.  In addition to the provisions of Section 731, if a minor's
conduct constitutes a violation of Section 490.5 of the Penal Code,
the court may require the minor to perform public services designated
by the court.

732.  Before a minor is conveyed to any state or county institution
pursuant to this article, it shall be ascertained from the
superintendent thereof that such person can be received.

733.  A ward of the juvenile court who meets any condition described
below shall not be committed to the Department of Corrections and
Rehabilitation, Division of Juvenile Facilities:
   (a) The ward is under 11 years of age.
   (b) The ward is suffering from any contagious, infectious, or
other disease that would probably endanger the lives or health of the
other inmates of any facility.
   (c) The ward has been or is adjudged a ward of the court pursuant
to Section 602, and the most recent offense alleged in any petition
and admitted or found to be true by the court is not described in
subdivision (b) of Section 707, unless the offense is a sex offense
set forth in subdivision (c) of Section 290.008 of the Penal Code.
This subdivision shall be effective on and after September 1, 2007.

734.  No ward of the juvenile court shall be committed to the Youth
Authority unless the judge of the court is fully satisfied that the
mental and physical condition and qualifications of the ward are such
as to render it probable that he will be benefited by the
reformatory educational discipline or other treatment provided by the
Youth Authority.

735.  Accompanying the commitment papers, the court shall send to
the Director of the Youth Authority a summary of all the facts in the
possession of the court, covering the history of the ward committed
and a statement of the mental and physical condition of the ward.

736.  (a) Except as provided in Section 733, the Department of
Corrections and Rehabilitation, Division of Juvenile Facilities,
shall accept a ward committed to it pursuant to this article if the
Chief Deputy Secretary for the Division of Juvenile Justice believes
that the ward can be materially benefitted by the division's
reformatory and educational discipline, and if the division has
adequate facilities, staff, and programs to provide that care. A ward
subject to this section shall not be transported to any facility
under the jurisdiction of the division until the superintendent of
the facility has notified the committing court of the place to which
that ward is to be transported and the time at which he or she can be
received.
   (b) To determine who is best served by the Division of Juvenile
Facilities, and who would be better served by the State Department of
Mental Health, the Chief Deputy Secretary for the Division of
Juvenile Justice and the Director of the State Department of Mental
Health shall, at least annually, confer and establish policy with
respect to the types of cases that should be the responsibility of
each department.

737.  (a) Whenever a person has been adjudged a ward of the juvenile
court and has been committed or otherwise disposed of as provided in
this chapter for the care of wards of the juvenile court, the court
may order that the ward be detained in the detention home, or in the
case of a ward of the age of 18 years or more, in the county jail or
otherwise as the court deems fit until the execution of the order of
commitment or of other disposition.
   (b) In any case in which a minor is detained for more than 15 days
pending the execution of the order of commitment or of any other
disposition, the court shall periodically review the case to
determine whether the delay is reasonable. These periodic reviews
shall be held at least every 15 days, commencing from the time the
minor was initially detained pending the execution of the order of
commitment or of any other disposition, and during the course of each
review the court shall inquire regarding the action taken by the
probation department to carry out its order, the reasons for the
delay, and the effect of the delay upon the minor.

738.  In a case where the residence of a minor placed on probation
under the provisions of Section 725 or of a ward of the juvenile
court is out of the state and in another state or foreign country, or
in a case where such minor is a resident of this state but his
parents, relatives, guardian, or person charged with his custody is
in another state, the court may order such minor sent to his parents,
relatives, or guardian, or to the person charged with his custody,
or, if the minor is a resident of a foreign country, to an official
of a juvenile court of such foreign country or an agency of such
country authorized to accept the minor, and in such case may order
transportation and accommodation furnished, with or without an
attendant, as the court deems necessary. If the court deems an
attendant necessary, the court may order the probation officer or
other suitable person to serve as such attendant. The probation
officer shall authorize the necessary expenses of such minor and of
the attendant and claims therefor shall be audited, allowed and paid
in the same manner as other county claims.

739.  (a) Whenever any person is taken into temporary custody under
Article 15 (commencing with Section 625) and is in need of medical,
surgical, dental, or other remedial care, the probation officer may,
upon the recommendation of the attending physician and surgeon or, if
the person needs dental care and there is an attending dentist, the
attending dentist, authorize the performance of that medical,
surgical, dental, or other remedial care. The probation officer shall
notify the parent, guardian, or person standing in loco parentis of
the person, if any, of the care found to be needed before the care is
provided, and if the parent, guardian, or person standing in loco
parentis objects, the care shall be given only upon order of the
court in the exercise of its discretion.
   (b) Whenever it appears to the juvenile court that any person
concerning whom a petition has been filed with the court is in need
of medical, surgical, dental, or other remedial care, and that there
is no parent, guardian, or person standing in loco parentis capable
of authorizing or willing to authorize the remedial care or treatment
for that person, the court, upon the written recommendation of a
licensed physician and surgeon or, if the person needs dental care, a
licensed dentist, and after due notice to the parent, guardian, or
person standing in loco parentis, if any, may make an order
authorizing the performance of the necessary medical, surgical,
dental, or other remedial care for that person.
   (c) Whenever a ward of the juvenile court is placed by order of
the court within the care and custody or under the supervision of the
probation officer of the county in which the ward resides and it
appears to the court that there is no parent, guardian, or person
standing in loco parentis capable of authorizing or willing to
authorize medical, surgical, dental, or other remedial care or
treatment for the ward, the court may, after due notice to the
parent, guardian, or person standing in loco parentis, if any, order
that the probation officer may authorize the medical, surgical,
dental, or other remedial care for the ward by licensed
practitioners, as may from time to time appear necessary.
   (d) Whenever it appears that a minor otherwise within subdivision
(a), (b), or (c) requires immediate emergency medical, surgical, or
other remedial care in an emergency situation, that care may be
provided by a licensed physician and surgeon or, if the minor needs
dental care in an emergency situation, by a licensed dentist, without
a court order and upon authorization of a probation officer. If the
minor needs foot or ankle care within the scope of practice of
podiatric medicine, as defined in Section 2472 of the Business and
Professions Code, a probation officer may authorize the care to be
provided by a podiatrist after obtaining the advice and concurrence
of a physician and surgeon. The probation officer shall make
reasonable efforts to obtain the consent of, or to notify, the
parent, guardian, or person standing in loco parentis prior to
authorizing emergency medical, surgical, dental, or other remedial
care. "Emergency situation," for the purposes of this subdivision
means a minor requires immediate treatment for the alleviation of
severe pain or an immediate diagnosis and treatment of an
unforeseeable medical, surgical, dental, or other remedial condition
or contagious disease which if not immediately diagnosed and treated,
would lead to serious disability or death.
   (e) In any case in which the court orders the performance of any
medical, surgical, dental, or other remedial care pursuant to this
section, the court may also make an order authorizing the release of
information concerning that care to probation officers, parole
officers, or any other qualified individuals or agencies caring for
or acting in the interest and welfare of the minor under order,
commitment, or approval of the court.
   (f) Nothing in this section shall be construed as limiting the
right of a parent, guardian, or person standing in loco parentis, who
has not been deprived of the custody or control of the minor by
order of the court, in providing any medical, surgical, dental, or
other remedial treatment recognized or permitted under the laws of
this state.
   (g) The parent of any person described in this section may
authorize the performance of medical, surgical, dental, or other
remedial care provided for in this section notwithstanding his or her
age or marital status. In nonemergency situations the parent
authorizing the care shall notify the other parent prior to the
administration of the care.

739.5.  (a) If a minor who has been adjudged a ward of the court
under Section 601 or 602 is removed from the physical custody of the
parent under Section 726 and placed into foster care, as defined in
Section 727.4, only a juvenile court judicial officer shall have
authority to make orders regarding the administration of psychotropic
medications for that minor. The juvenile court may issue a specific
order delegating this authority to a parent upon making findings on
the record that the parent poses no danger to the minor and has the
capacity to authorize psychotropic medications. Court authorization
for the administration of psychotropic medication shall be based on a
request from a physician, indicating the reasons for the request, a
description of the minor's diagnosis and behavior, the expected
results of the medication, and a description of any side effects of
the medication. On or before July 1, 2008, the Judicial Council shall
adopt rules of court and develop appropriate forms for
implementation of this section.
   (b) (1) The agency that completes the request for authorization
for the administration of psychotropic medication is encouraged to
complete the request within three business days of receipt from the
physician of the information necessary to fully complete the request.
   (2) Nothing in this subdivision is intended to change current
local practice or local court rules with respect to the preparation
and submission of requests for authorization for the administration
of psychotropic medication.
   (c) Within seven court days from receipt by the court of a
completed request, the juvenile court judicial officer shall either
approve or deny in writing a request for authorization for the
administration of psychotropic medication to the minor, or shall,
upon a request by the parent, the legal guardian, or the minor's
attorney, or upon its own motion, set the matter for hearing.
   (d) Psychotropic medication or psychotropic drugs are those
medications administered for the purpose of affecting the central
nervous system to treat psychiatric disorders or illnesses. These
medications include, but are not limited to, anxiolytic agents,
antidepressants, mood stabilizers, antipsychotic medications,
anti-Parkinson agents, hypnotics, medications for dementia, and
psychostimulants.
   (e) Nothing in this section is intended to supersede local court
rules regarding a minor's right to participate in mental health
decisions.

740.  (a) Any minor adjudged to be a ward of the court on the basis
that he or she is a person described in Section 602 and who is placed
in a community care facility shall be placed in a community care
facility within his or her county of residence, unless both of the
following apply:
   (1) He or she has identifiable needs requiring specialized care
that cannot be provided in a local facility or his or her needs
dictate physical separation from his or her family.
   (2) The county of residence agrees to pay the placement county the
costs of providing services to the minor, pursuant to Section
1566.25 of the Health and Safety Code.
   (b) (1) Before the placement of a minor adjudged to be a ward of
the court on the basis that he or she is a person described in
Section 602 in any community care facility outside the ward's county
of residence, the probation officer of the county making the
placement, or in the case of a ward of the Department of Corrections
and Rehabilitation, Division of Juvenile Facilities, the parole
officer in charge of his or her case, shall send, via mail, delivery,
fax, or electronically, written notice of the placement, including
the name of the ward, the juvenile record of the ward (including any
known prior offenses), and the ward's county of residence, to the
probation officer of the county in which the community care facility
is located. It is the intention of the Legislature, in regard to this
requirement, that the probation officer of the county making the
placement, or in the case of a ward of the Department of Corrections
and Rehabilitation, Division of Juvenile Facilities, the parole
officer in charge of his or her case, shall make his or her best
efforts to send, via mail, fax, or electronically, or to hand
deliver, the notice at least 24 hours prior to the time the placement
is made. When that placement is terminated, the probation officer of
the county making the placement, or in the case of a ward of the
Department of Corrections and Rehabilitation, Division of Juvenile
Facilities, the parole officer in charge of his or her case, shall
send notice thereof to any person or agency receiving notification of
the placement.
   (2) When it has been determined that it is necessary for a ward
whose board and care is funded through the Aid to Families with
Dependent Children-Foster Care program to be placed in a county other
than the ward's parents' or guardians' county of residence, the
specific reason the out-of-county placement is necessary shall be
documented in the ward's case plan. If the reason is lack of
resources in the sending county to meet the specific needs of the
ward, those specific resources needs shall be documented in the case
plan.
   (3) When it has been determined that a ward whose board and care
is funded through the Aid to Families with Dependent Children-Foster
Care program is to be placed out-of-county and that the sending
county is to maintain responsibility for supervision and visitation
of the ward, the sending county shall develop a plan of supervision
and visitation activities to be performed, and shall specify that the
sending county is responsible for performing those activities. In
addition to the plan of supervision and visitation, the sending
county shall document information regarding known or suspected gang
affiliation or dangerous behavior of the ward that indicates the ward
may pose a safety concern in the receiving county. The sending
county shall send to the receiving county a copy of the plan of
supervision and visitation, in addition to the notice of placement
required in paragraph (1), prior to placement of the ward. If
placement occurs on a holiday or weekend, the plan of supervision and
visitation and the notice of placement shall be provided to the
receiving county on or before the end of the next business day.
   (4) When it has been determined that a ward whose placement is
funded through the Aid to Families with Dependent Children-Foster
Care program is to be placed out-of-county and the sending county
plans that the receiving county shall be responsible for the
supervision and visitation of the ward, the sending county shall
develop a formal agreement between the sending and receiving
counties. The formal agreement shall specify the supervision and
visitation to be provided the ward, and shall specify that the
receiving county is responsible for providing the supervision and
visitation. The formal agreement shall be approved and signed by the
sending and receiving counties prior to placement of the ward in the
receiving county. Additionally, the notice of placement required by
paragraph (1) shall be provided to the receiving county prior to
placement of the ward in that county. Upon completion of the case
plan, the sending county shall provide a copy of the completed case
plan to the receiving county. The case plan shall include information
regarding known or suspected gang affiliation or dangerous behavior
of the ward that indicates the ward may pose a safety concern for the
receiving county.
   (5) The probation department of a receiving county that has a
group home in which a minor is placed by the probation department of
another county, after adjudication of the minor for any felony
offense, may disclose to the sheriff of the receiving county or to
the municipal police department of the city in which the group home
is located, the name of the minor, the felony offense or offenses for
which the minor has been adjudicated, and the address of the group
home. This information shall be utilized only for law enforcement
purposes and may not be utilized in a manner that is inconsistent
with the rehabilitative program in which the minor has been placed or
with the progress the minor may be making in the placement program.
Notwithstanding any other law, the information provided by the
probation department to a law enforcement agency under this paragraph
may be provided to other law enforcement personnel for the limited
law enforcement purposes described in this paragraph, but shall
otherwise remain confidential.
   (c) Notwithstanding subdivision (e) of Section 1538.5 of the
Health and Safety Code, at the request of the probation department of
the county in which the group home facility is located, the group
home shall notify a probation official designated by the probation
department to receive notifications pursuant to this subdivision, of
unusual incidents concerning a ward placed by the sending county that
involved a response by local law enforcement or emergency services
personnel, including runaway incidents. The notification shall
include identifying information about the ward. A group home facility
shall notify the designated probation official of a requesting
probation department of an unusual incident no later than the
applicable deadline imposed by law or department regulation for a
group home facility to notify the licensing agency of the unusual
incident. The requesting probation department shall maintain the
confidentiality of any identifying information about the ward
contained in the notification and shall not share, transfer, or
otherwise release the identifying information to a third party unless
otherwise authorized by state or federal law.
   (d) A minor, the parent or guardian of a minor, and counsel
representing a minor or the parent or guardian of a minor may
petition the juvenile court for the review of a placement decision
concerning the minor made by the probation officer pursuant to
subdivision (a). The petition shall state the petitioner's
relationship to the minor and shall set forth in concise language the
grounds on which the review is sought. The court shall order that a
hearing shall be held on the petition and shall give prior notice, or
cause prior notice to be given, to the persons and by the means
prescribed by Section 776, and, in instances in which the means of
giving notice is not prescribed by that section, then by any means as
the court prescribes.
   (e) If a minor is placed in a community care facility out of his
or her county of residence and is then arrested and placed in
juvenile hall pending a jurisdictional hearing, the county of
residence shall pay to the probation department of the county of
placement all reasonable costs resulting directly from the minor's
stay in the juvenile hall, provided that these costs exceed one
hundred dollars ($100).
   (f) If, as a result of the hearing in subdivision (d), the minor
is remanded back to his or her county of residence, the county of
residence shall pay to the probation department of the county of
placement, in addition to any payment made pursuant to subdivision
(e), all reasonable costs resulting directly from transporting the
minor to the county of residency, provided that these costs exceed
one hundred dollars ($100).
   (g) Claims made by the probation department in the county of
placement to the county of residence, pursuant to subdivisions (e)
and (f), shall be paid within 30 days of the submission of these
claims and the probation department in the county of placement shall
bear the remaining expense.
   (h) As used in this section:
   (1) "Community care facility" shall be defined as provided in
Section 1502 of the Health and Safety Code.
   (2) "Gang affiliation" shall have the same meaning as defined for
data entry into the CalGang system.
   (3) "Group home" has the same meaning as provided in paragraph (1)
of subdivision (g) of Section 80001 of Title 22 of the California
Code of Regulations.

740.1.  (a) Any minor adjudged to be a ward of the court on the
basis that he or she is a person described in Section 602 of the
Welfare and Institutions Code and who is placed in a community care
facility outside his or her county of residence who is then arrested
and after receiving a jurisdictional hearing is remanded back to his
or her county of residence shall not be placed back into the
placement county without the testimony and documentation or request,
if any, from the placement county pursuant to subdivision (b).
   (b) The placement county may provide to the juvenile court
relevant testimony and documentation pertaining to the ward's conduct
while residing in the placement county, and may request that the
ward not be returned to the placement county.
   (c) "Community care facility," as used in this section, shall be
defined as provided in Section 1502 of the Health and Safety Code.

741.  The juvenile court may, in any case before it in which a
petition has been filed as provided in Article 16 (commencing with
Section 650), order that the probation officer obtain the services of
such psychiatrists, psychologists, physicians and surgeons,
dentists, optometrists, audiologists, or other clinical experts as
may be required to assist in determining the appropriate treatment of
the minor and as may be required in the conduct or implementation of
the treatment. Payment for the services shall be a charge against
the county.
   Whenever diagnosis or treatment pursuant to this section is due
to, or related to, drug or alcohol use, the cost thereof shall be
considered for the use of funds made available to the county from
state or federal sources for the purpose of providing care and
treatment for drug- and alcohol-related illness or for drug or
alcohol abuse.

742.  (a) Upon the request of an alleged victim of a crime, the
probation officer shall, within 60 days of the final disposition of a
case within which a petition has been filed pursuant to Section 602,
inform that person by letter of the final disposition of the case.
"Final disposition" means dismissal, acquittal, or findings made
pursuant to this article. If the court orders that restitution shall
be made to the victim of a crime, the amount, terms, and conditions
thereof shall be included in the information provided pursuant to
this section.
   (b) In any case in which a petition has been filed pursuant to
Section 602, the probation officer shall inform the victim of the
offense, if any, of any victim-offender conferencing program or
victim impact class available in the county, and of his or her right
pursuant to subdivision (a) to be informed of the final disposition
of the case, including his or her right, if any, to victim
restitution, as permitted by law.