Welfare and Institutions Code

§ 1 This act shall be known as the Welfare and Institutions Code. (Enacted by Stats. 1937, Ch. 369.) § 2 The provisions of this code, in so far as they are substantially the same as existing statutory provisions relating to the same subject matter, shall be construed as restatements and continuations thereof, and not as new enactments. (Enacted by Stats. 1937, Ch. 369.) § 3 All persons who, at the time this code goes into effect, hold office under any of the acts repealed by this code, which offices are continued by this code, continue to hold the same according to the former tenure thereof. (Enacted by Stats. 1937, Ch. 369.) § 4 No action or proceeding commenced before this code takes effect, and no right accrued, is affected by the provisions of this code, but all procedure thereafter taken therein shall conform to the provisions of this code so far as possible. (Enacted by Stats. 1937, Ch. 369.) § 5 Unless the context otherwise requires, the general provisions hereinafter set forth shall govern the construction of this code. (Enacted by Stats. 1937, Ch. 369.) § 6 Division, part, chapter, article, and section headings contained herein shall not be deemed to govern, limit, modify, or in any manner affect the scope, meaning, or intent of the provisions of any division, part, chapter, article, or section hereof. (Enacted by Stats. 1937, Ch. 369.) § 7 Whenever, by the provisions of this code, a power is granted to a public officer or a duty imposed upon such an officer, the power may be exercised or the duty performed by a deputy of the officer or by a person authorized pursuant to law by the officer, unless it is expressly otherwise provided. (Enacted by Stats. 1937, Ch. 369.) § 8 Writing includes any form of recorded message capable of comprehension by ordinary visual means. Whenever any notice, report, statement, or record is required or authorized by this code, it shall be made in writing in the English language. (Enacted by Stats. 1937, Ch. 369.) § 9 Whenever any reference is made to any portion of this code or of any other law of this State, such reference shall apply to all amendments and additions thereto now or hereafter made. (Enacted by Stats. 1937, Ch. 369.) § 10 “Section” means a section of this code unless some other statute is specifically mentioned, and “subdivision” means a subdivision of the section in which that term appears unless some other section is expressly mentioned. (Enacted by Stats. 1937, Ch. 369.) § 11 The present tense includes the past and future tenses, and the future tense includes the present. (Enacted by Stats. 1937, Ch. 369.) § 12 The masculine gender includes the feminine and neuter. (Enacted by Stats. 1937, Ch. 369.) § 12.2 “Spouse” includes “registered domestic partner,” as required by Section 297.5 of the Family Code. (Added by Stats. 2016, Ch. 50, Sec. 119. (SB 1005) Effective January 1, 2017.) § 13 The singular number includes the plural, and the plural number includes the singular. (Enacted by Stats. 1937, Ch. 369.) § 14 “County” includes “city and county.” (Enacted by Stats. 1937, Ch. 369.) § 15 “Shall” is mandatory and “may” is permissive. (Enacted by Stats. 1937, Ch. 369.) § 16 “Oath” includes affirmation. (Enacted by Stats. 1937, Ch. 369.) § 17 “Signature” or “subscription” includes mark when the signer or subscriber can not write, such signer’s or subscriber’s name being written near the mark by a witness who writes his own name near the signer’s or subscriber’s name; but a signature or subscription by mark can be acknowledged or can serve as a signature or subscription to a sworn statement only when two witnesses so sign their own names thereto. (Enacted by Stats. 1937, Ch. 369.) § 17.1 Unless otherwise provided under this code, including, but not limited to, Sections 366.31 and 375, and to the extent not in conflict with federal law, the residence of a minor person, or a nonminor dependent, as described in subdivision (v) of Section 11400, shall be determined by the following rules: (a) The residence of the parent with whom a child maintains their place of abode or the residence of any individual who has been appointed legal guardian or the individual who has been given the care or custody by a court of competent jurisdiction, determines the residence of the child. (b) Wherever in this section it is provided that the residence of a child is determined by the residence of the person who has custody, “custody” means the legal right to custody of the child unless that right is held jointly by two or more persons, in which case “custody” means the physical custody of the child by one of the persons sharing the right to custody. (c) The residence of a foundling shall be deemed to be that of the county in which the child is found. (d) If the residence of the child is not determined under subdivision (a), (b), (c), or (e), the county in which the child is living shall be deemed the county of residence, if and when the child has had a physical presence in the county for one year. (e) If the child has been declared permanently free from the custody and control of their parents, the child’s residence is the county in which the court issuing the order is situated. (f) If a nonminor dependent under the dependency jurisdiction or transition jurisdiction of the juvenile court is placed in a planned permanent living arrangement, as described in subdivision (i) of Section 366.3, the county in which the nonminor dependent is living may be deemed the county of residence, if and when the nonminor dependent has had a continuous physical presence in the county for one year as a nonminor dependent and the nonminor dependent expressed their intent to remain in that county. (g) If a nonminor dependent’s dependency jurisdiction has been resumed, or transition jurisdiction assumed or resumed by the juvenile court that retained general jurisdiction pursuant to subdivision (b) of Section 303, as a result of the filing of a petition pursuant to subdivision (e) of Section 388, following the granting of the petition, the county in which the nonminor dependent is living at the time the petition was filed may be deemed the county of residence, if and when the nonminor dependent establishes that they have had a continuous physical presence in the county for one year and has expressed their intent to remain in that county. The period of continuous physical presence in the county shall include any period of continuous residence in the county immediately prior to the filing of the petition. (Amended by Stats. 2025, Ch. 281, Sec. 1. (AB 890) Effective January 1, 2026.) § 18 If any provision of this code, or the application thereof to any person or circumstance, is held invalid, the remainder of the code, or the application of such provision to other persons or circumstances, shall not be affected thereby. (Enacted by Stats. 1937, Ch. 369.) § 19 It is the purpose of this code, in establishing programs and services which are designed to provide protection, support or care of children, to provide protective services to the fullest extent deemed necessary by the juvenile court, probation department or other public agencies designated by the board of supervisors to perform the duties prescribed by this code to insure that the rights or physical, mental or moral welfare of children are not violated or threatened by their present circumstances or environment. Such essential services may be provided irrespective of whether the child or the family of the child is otherwise known to the responsible local agency. (Amended by Stats. 1967, Ch. 90.) § 19.1 The purpose of the public social services for which state grants-in-aid are made to counties are: (a) To provide on behalf of the general public, and within the limits of public resources, reasonable support and maintenance for needy and dependent families and persons. (b) To provide timely and appropriate services to assist individuals develop or use whatever capacity they can maintain or achieve for self-care or self-support. (c) To provide protective services to handicapped or deprived persons subject to social or legal disability, and to children and others subject to exploitation jeopardizing their present or future health, opportunity for normal development or capacity for independence. (Added by Stats. 1963, Ch. 363.) § 21 (a) Whenever any reference is made in any provision of this code to the “State Department of Benefit Payments” or the “Department of Benefit Payments” with respect to aid, it means the State Department of Social Services. Whenever any reference is made to the “State Department of Benefit Payments” or “Department of Benefit Payments” with respect to mental disorders, it means the State Department of Health Care Services. Whenever reference is made to the “State Department of Benefit Payments” or “Department of Benefit Payments” with respect to developmental disabilities, it means the State Department of Developmental Services. (b) Whenever any reference is made in any provision of this code to the “State Department of Health” or the “Department of Health” with respect to health services, medical assistance, or benefits, it means the State Department of Health Care Services or the State Department of Public Health, as applicable. Whenever any reference is made to the “State Department of Health” or the “Department of Health” with respect to mental disorders, it means the State Department of Health Care Services. Whenever any reference is made to the “State Department of Health” or “Department of Health” in respect to developmental disabilities, it means the State Department of Developmental Services. (c) Whenever any reference is made in any provision of this code to the “Director of Benefit Payments” with respect to aid, it means the Director of Social Services. Whenever any reference is made to the “Director of Benefit Payments” with respect to mental disorders, it means the Director of Health Care Services. Whenever any reference is made to the “Director of Benefit Payments” with respect to developmental disabilities, it means the Director of Developmental Services. (d) Whenever any reference is made in any provision of this code to the “State Director of Health” or “Director of Health” with respect to health services, medical assistance, or benefits, it means the Director of Health Care Services. Whenever any reference is made to the “State Director of Health” or “Director of Health” with respect to mental disorders, it means the Director of Health Care Services. Whenever any reference is made to the “State Director of Health” or “Director of Health” with reference to developmental disabilities, it means the Director of Developmental Services. (Amended by Stats. 2012, Ch. 34, Sec. 39. (SB 1009) Effective June 27, 2012.) § 22 Whenever in any provision of law there is a reference to Chapter 1 (commencing with Section 7000) of Division 7 of the Welfare and Institutions Code or Chapter 2 (commencing with Section 1400) of Division 2 of the Health and Safety Code, if it applies to a health facility, it shall be deemed to mean Chapter 2 (commencing with Section 1250) of Division 2 of the Health and Safety Code or if it applies to a community care facility, it shall be deemed to mean Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code. (Added by Stats. 1976, Ch. 504.) § 23 Whenever in any provision of law there is a reference to Chapter 1 (commencing with Section 7000) of Division 7 of the Welfare and Institutions Code relating to community care facilities as defined by Section 1502 of the Health and Safety Code or Chapter 1 (commencing with Section 16000) of Part 4 of Division 9 of the Welfare and Institutions Code or to Chapter 3 (commencing with Section 16200) of Part 4 of Division 9 of the Welfare and Institutions Code, it shall be deemed to mean Chapter 3 (commencing with Section 1500) of Division 2 of the Health and Safety Code. (Amended by Stats. 1978, Ch. 380.) § 24 The provisions of Chapter 1129 of the Statutes of 1975 amending Sections 17.1, 739, 883, 1050, 1711, 1760.4, 10000, 10617, 11250.5, 11307, 11310, 11325, 17102 and 18907 shall be operational to the extent they are not in conflict with federal law. (Added by Stats. 1976, Ch. 504.) § 26 (a) For purposes of this code, “assessed value” means 25 percent of full value to, and including, the 1980–81 fiscal year, and 100 percent of full value for the 1981–82 fiscal year and fiscal years thereafter; and tax rates shall be expressed in dollars, or fractions thereof, on each one hundred dollars ($100) of assessed value to and including the 1980–81 fiscal year and as a percentage of full value for the 1981–82 fiscal year and fiscal years thereafter. (b) Whenever this code requires comparison of assessed values, tax rates or property tax revenues for different years, the assessment ratios and tax rates shall be adjusted as necessary so that the comparisons are made on the same basis, and the same amount of tax revenues would be produced, or the same relative value of an exemption or subvention will be realized regardless of the method of expressing tax rates or the assessment ratio utilized. (c) For purposes of expressing tax rates on the same basis, a tax rate based on a 25 percent assessment ratio and expressed in dollars, or fractions thereof, for each one hundred dollars ($100) of assessed value may be multiplied by a conversion factor of twenty-five hundredths of 1 percent to determine a rate comparable to a rate expressed as a percentage of full value; and, a rate expressed as a percentage of full value may be multiplied by a factor of 400 to determine a rate comparable to a rate expressed in dollars, or fractions thereof, for each one hundred dollars ($100) of assessed value and based on a 25 percent assessment ratio. (Added by renumbering Section 22 (as added by Stats. 1978, Ch. 1207) by Stats. 1986, Ch. 248, Sec. 244.) § 27 Each agency and department responsible for listing in regulations the rights of children under this division shall incorporate the rights of foster children, as listed in Section 16001.9 on the list. (Added by Stats. 2001, Ch. 683, Sec. 2. Effective January 1, 2002.) § 100 Division 2, Part 1, Chapter 1 (a) The Judicial Council shall establish a planning and advisory group consisting of appropriate professional and program specialists to recommend on the development of program guidelines and funding procedures consistent with this chapter. At a minimum, the council shall adopt program guidelines consistent with the guidelines established by the National Court Appointed Special Advocate Association, and with California law, but the council may require additional or more stringent standards. State funding shall be contingent on a program adopting and adhering to the program guidelines adopted by the council. (b) The program guidelines adopted by the council shall be adopted and incorporated into local rules of court by each participating superior court as a prerequisite to funding pursuant to this chapter. (c) The council shall adopt program guidelines and criteria for funding that encourage multicounty CASA programs where appropriate, and shall not provide for funding more than one program per county. (d) The council shall establish, in a timely fashion, a request-for-proposal process to establish, maintain, or expand local CASA programs and may require local matching funds or in-kind funds not to exceed the proposal request. The maximum state grant per county program per year shall not exceed seventy thousand dollars ($70,000) in counties in which the population is less than 700,000 and shall not exceed one hundred thousand dollars ($100,000) in counties in which the population is 700,000 or more, according to the annual population report provided by the Department of Finance. (Amended by Stats. 2020, Ch. 36, Sec. 45. (AB 3364) Effective January 1, 2021.) § 101 Division 2, Part 1, Chapter 1 As used in this chapter, the following definitions shall apply: (a) “Adult” means a person 18 years of age or older. (b) “Child or minor” means a person under the jurisdiction of the juvenile court pursuant to Section 300, 601, or 602. (c) “CASA” means a Court-Appointed Special Advocate. “CASA” also refers to a Court Designated Child Advocate in programs that have utilized that title. A CASA has the duties and responsibilities described in this chapter and shall be trained by and function under the auspices of a Court-Appointed Special Advocate program as set forth in this chapter. (d) “Court” means the superior court, including the juvenile court. (e) “Dependent” means a person described in Section 300. (f) “Nonminor dependent” means a person as described in subdivision (v) of Section 11400. (g) “Ward” means a person described in Section 601 or 602. (Amended by Stats. 2015, Ch. 71, Sec. 1. (AB 424) Effective January 1, 2016.) § 102 Division 2, Part 1, Chapter 1 (a) Each CASA program shall, if feasible, be staffed by a minimum of one paid administrator. The staff shall be directly accountable to the presiding juvenile court judge and the CASA program board of directors, as applicable. (b) The program shall provide for volunteers to serve as CASAs. A CASA may be appointed to any dependent, nonminor dependent, or ward who is subject to the jurisdiction of the juvenile court. (c) Each CASA shall serve at the pleasure of the court having jurisdiction over the proceedings in which a CASA has been appointed and that appointment may continue after the child attains his or her age of majority, with the consent of the nonminor dependent. A CASA shall do all of the following: (1) Provide independent, factual information to the court regarding the cases to which he or she is appointed. (2) Represent the best interests of the child involved, and consider the best interests of the family, in the cases to which he or she is appointed. (3) At the request of the judge, monitor cases to which he or she has been appointed to ensure that the court’s orders have been fulfilled. (d) The Judicial Council, through its rules and regulations, shall require an initial and ongoing training program consistent with this chapter for all persons acting as a CASA, including, but not limited to, each of the following: (1) Dynamics of child abuse and neglect. (2) Court structure, including juvenile court laws. (3) Social service systems. (4) Child development. (5) Cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth. (6) Interviewing techniques. (7) Report writing. (8) Roles and responsibilities of a CASA. (9) Rules of evidence and discovery procedures. (10) Problems associated with verifying reports. (e) The Judicial Council, through its CASA Advisory Committee, shall adopt guidelines for the screening of CASA volunteers, which shall include personal interviews, reference checks, checks for records of sex offenses and other criminal records, information from the Department of Motor Vehicles, and other information that the Judicial Council deems appropriate. (Amended by Stats. 2015, Ch. 71, Sec. 2. (AB 424) Effective January 1, 2016.) § 103 Division 2, Part 1, Chapter 1 (a) Persons acting as a CASA shall be individuals who have demonstrated an interest in children and their welfare. Each CASA shall participate in a training course conducted under the rules and regulations adopted by the Judicial Council and in ongoing training and supervision throughout his or her involvement in the program. Each CASA shall be evaluated before and after initial training to determine his or her fitness for these responsibilities. Ongoing training shall be provided at least monthly. (b) Each CASA shall commit a minimum of one year of service to a child until a permanent placement is achieved for the child or until relieved by the court, whichever is first. At the end of each year of service, the CASA, with the approval of the court, may recommit for an additional year. (c) A CASA shall have no associations that create a conflict of interest with his or her duties as a CASA. (d) An adult otherwise qualified to act as a CASA shall not be discriminated against based upon marital status, socioeconomic factors, or because of any characteristic listed or defined in Section 11135 of the Government Code. (e) Each CASA is an officer of the court, with the relevant rights and responsibilities that pertain to that role and shall act consistently with the local rules of court pertaining to CASAs. (f) Each CASA shall be sworn in by a superior court judge or commissioner before beginning his or her duties. (g) A judge may appoint a CASA when, in the opinion of the judge, a child requires services which can be provided by the CASA, consistent with the local rules of court. (h) To accomplish the appointment of a CASA, the judge making the appointment shall sign an order, which may grant the CASA the authority to review specific relevant documents and interview parties involved in the case, as well as other persons having significant information relating to the child, to the same extent as any other officer of the court appointed to investigate proceedings on behalf of the court. (i) Each CASA shall be considered court personnel for purposes of subdivision (a) of Section 827. (Amended by Stats. 2015, Ch. 71, Sec. 3. (AB 424) Effective January 1, 2016.) § 104 Division 2, Part 1, Chapter 1 (a) The court shall determine the extent of the CASA’s duties in each case. These duties may include an independent investigation of the circumstances surrounding a case to which he or she has been appointed, interviewing and observing the child and other appropriate individuals, and the reviewing of appropriate records and reports. (b) The CASA shall report the results of the investigation to the court. (c) The CASA shall follow the direction and orders of the court and shall provide information specifically requested by the court. (Added by Stats. 1988, Ch. 723, Sec. 5.) § 105 Division 2, Part 1, Chapter 1 All otherwise confidential records and information acquired or reviewed by a CASA during the course of his or her duties shall remain confidential and shall be disclosed only pursuant to a court order. (Added by Stats. 1988, Ch. 723, Sec. 5.) § 106 Division 2, Part 1, Chapter 1 The CASA shall be notified of hearings and other proceedings concerning the case to which he or she has been appointed. (Added by Stats. 1988, Ch. 723, Sec. 5.) § 107 Division 2, Part 1, Chapter 1 (a) Except as provided in subdivision (b), upon presentation of the order of his or her appointment by the CASA, and upon specific court order and consistent with the rules of evidence, any agency, hospital, school, organization, division or department of the state, physician and surgeon, nurse, other health care provider, psychologist, psychiatrist, police department, or mental health clinic shall permit the CASA to inspect and copy any records relating to the child involved in the case of appointment without the consent of the child or parents. (b) Subdivision (a) does not apply to the records of or pertaining to a nonminor dependent. The CASA may have access to those records only with the explicit written and informed consent of the nonminor dependent. (Amended by Stats. 2012, Ch. 846, Sec. 10. (AB 1712) Effective January 1, 2013.) § 108 Division 2, Part 1, Chapter 1 The Judicial Council shall report to the Legislature on the implementation of the program, and shall include recommendations on the continued funding and expansion of the program, as appropriate. (Added by Stats. 1988, Ch. 723, Sec. 5.) § 109 Division 2, Part 1, Chapter 1 (a) Except as provided in subdivisions (b) and (c), nothing in this chapter permits a person acting as a CASA to participate or appear in criminal proceedings or in proceedings to declare a person a ward of the juvenile court pursuant to Section 601 or 602. (b) A person acting as a CASA may participate in determinations made pursuant to Section 241.1, and in all delinquency proceedings after adjudication of delinquency. (c) This section does not apply to a person acting as a CASA when that person is acting solely as a support person to the child or who is in court on behalf of a child who is the victim of a crime. (Amended by Stats. 2015, Ch. 71, Sec. 4. (AB 424) Effective January 1, 2016.) § 110 Division 2, Part 1, Chapter 1 Nothing in this chapter shall be construed as limiting the right of an Indian tribe or Indian organization to establish or operate CASA programs independent of state funding or the discretion of the court to appoint CASAs from those programs in Indian child custody proceedings. (Added by Stats. 2006, Ch. 838, Sec. 28. Effective January 1, 2007.) § 148 Division 1, Chapter 1.8 As used in this chapter: (a) “Solicit” or any of its derivatives means to request directly or indirectly the giving of any kind of salvageable personal property on the plea or representation, express or implied, to the person requested that the property or any proceeds to be derived therefrom are to be devoted to charitable uses. The word shall extend to such requests made by any of the following means, whether or not the person making the request is given anything as a result: 1. Orally or in writing, by telephone or otherwise. 2. By distribution, circulation, mailing, posting, or publishing of any handbill, advertisement, or publication. 3. By means of any box or receptacle, upon any public street, sidewalk or way, or in any public park or in any publicly owned or controlled place; or by means of any box or receptacle in any place immediately abutting upon any public sidewalk or way, or in any place of business open to the public, or in any room, hallway, corridor, lobby, or entranceway, or other place open or accessible to the public. 4. By making of any announcement through the press, radio, telephone, television, or telegraph concerning an appeal, assemblage, athletic or sports event, bazaar, benefit, campaign, contest, dance, drive, entertainment, exhibition, exposition, party, performance, picnic, sale, or social gathering, which the public is requested to patronize. (b) “Salvageable personal property” means any type of corporeal personalty, new or used, but not including money or evidences of debt. (Added by Stats. 1959, Ch. 1410.) § 148.1 Division 1, Chapter 1.8 None of the provisions of this chapter shall apply to the activities of any organization or association of persons or any person engaged by or under its authority, in soliciting donations of salvageable personal property solely from members of the organization or in selling salvageable personal property obtained from the organization’s members by that soliciting, or the soliciting and sale of salvageable personal property by fraternal, social, political, or service organizations for occasional rummage sales or bazaars where the activity does not constitute a major part of the organization’s activities and is not conducted as a permanent or continuous operation. Nor shall the provisions of this chapter apply to an association which is exempt under Section 23701d or 23701f of the Revenue and Taxation Code if the membership of the association is comprised of persons with physical, mental, or developmental disabilities and the primary purpose of the association is to provide services to persons with those disabilities. (Amended by Stats. 1989, Ch. 391, Sec. 1.) § 148.2 Division 1, Chapter 1.8 Any organization qualified under Section 148.3 to solicit donations of salvageable personal property, or to sell salvageable personal property obtained by soliciting, shall: (a) maintain separate bank accounts and separate books and records for such solicitations or sales, and shall not commingle any proceeds of such solicitations or sales with any other assets; and (b) fully comply with the provisions of the Supervision of Trustees and Fundraisers for Charitable Purposes Act (Article 7 of Chapter 6 (commencing with Section 12580) of the Government Code). (Amended by Stats. 2020, Ch. 370, Sec. 269. (SB 1371) Effective January 1, 2021.) § 148.3 Division 1, Chapter 1.8 It shall be unlawful for any association of persons to engage, directly or indirectly, in soliciting donations of salvageable personal property, or in selling salvageable personal property obtained by soliciting, except an association which is exempt under Section 23701d or 23701f of the Revenue and Taxation Code from any tax imposed by the Bank and Corporations Tax Law. (Amended by Stats. 1976, Ch. 500.) § 148.4 Division 1, Chapter 1.8 It shall be unlawful for any organization qualified under Section 148.3 to solicit donations of salvageable personal property, to contract with or otherwise engage any independent contractor to perform the work of soliciting such donations or selling any personal property donated. All soliciting shall be done by the officers of the organization or agents appointed by or under the authority of such officers. (Added by Stats. 1959, Ch. 1410.) § 148.5 Division 1, Chapter 1.8 It shall be unlawful for any person to engage in soliciting donations of salvageable personal property except as an officer or agent of an organization meeting the requirements of Section 148.3, and who has been appointed in the manner prescribed by this chapter. (Added by Stats. 1959, Ch. 1410.) § 148.6 Division 1, Chapter 1.8 Every organization qualified under Section 148.3 to solicit donations of salvageable personal property, shall furnish each officer or agent engaged to work as a solicitor with an identification card stating the name and address of the solicitor, the name of the organization for whom he is soliciting, that he has been appointed by the organization to act as a solicitor, and the signature of the person by whom he was so appointed. The identification card must be exhibited on the demand of any person solicited or of any peace officer. Any such organization receiving the proceeds from any sale of salvageable personal property obtained by soliciting, shall see that each purchaser of such property is given a receipt stating the price paid for the property sold. Every such organization shall keep accurate books and records setting out the proceeds of such sales and the amounts devoted directly to charitable uses, which books and records shall be open to the inspection of any peace officer. (Added by Stats. 1959, Ch. 1410.) § 148.8 Division 1, Chapter 1.8 The violation of any provision of this chapter by any person or organization is a misdemeanor. Any person who solicits a donation of salvageable personal property, and uses any device purporting to be an identification card and which is not furnished in accordance with the provisions of this chapter is guilty of a misdemeanor. (Added by Stats. 1959, Ch. 1410.) § 148.9 Division 1, Chapter 1.8 The enactment of this chapter shall in no way limit or infringe upon the powers of counties and cities to impose additional requirements for the privilege of soliciting and selling salvageable personal property within their jurisdictions. (Added by Stats. 1959, Ch. 1410.) § 150 Division 1, Chapter 2 For purposes of this chapter, the following definitions shall apply: (a) “Collection box” means an unattended cannister, box, receptacle, or similar device, used for soliciting and collecting donations of salvageable personal property. (b) “Commercial fundraiser” shall have the same meaning as in subdivision (a) of Section 12599 of the Government Code. (c) “Nonprofit organization” means an organization that is exempt from taxation pursuant to Section 501(c)(3) or 501(c)(4) of the United States Internal Revenue Code. (d) “Salvageable personal property” has the same meaning as in subdivision (b) of Section 148. (Added by Stats. 2010, Ch. 75, Sec. 1. (AB 918) Effective January 1, 2011.) § 151 Division 1, Chapter 2 (a) The front of every collection box shall conspicuously display both of the following: (1) The name, address, telephone number, and, if available, the Internet Web address of the owner and operator of the collection box. (2) A statement, in at least two-inch typeface, that either reads, “this collection box is owned and operated by a for-profit organization” or “this collection box is owned and operated by a nonprofit organization.” For purposes of this chapter, a commercial fundraiser shall be classified as a for-profit organization. (b) If the collection box is owned by a nonprofit organization, the front of the collection box shall also conspicuously display a statement describing the charitable cause that will benefit from the donations. (c) If the collection box is owned by a for-profit entity, the front of the collection box shall also conspicuously display a statement that reads “this donation is not tax deductible.” If the collection box is owned and operated by a commercial fundraiser, the commercial fundraiser may post notice of donations to a charitable cause only on the sides of the box. This notice shall always be smaller in size than the for-profit entity’s name and address and shall constitute only 25 percent of the notice space of the box. (Added by Stats. 2010, Ch. 75, Sec. 1. (AB 918) Effective January 1, 2011.) § 152 Division 1, Chapter 2 A city, county, or city and county shall have the authority to declare a box that is in violation of this chapter to be a public nuisance and to abate that nuisance accordingly. (Added by Stats. 2010, Ch. 75, Sec. 1. (AB 918) Effective January 1, 2011.) § 153 Division 1, Chapter 2 Nothing in this chapter shall be construed to do either of the following: (a) Supersede or in any way limit existing authority of the Department of Justice over fundraising for charitable purposes. (b) Limit or infringe upon the powers of a city, county, or city and county to impose additional requirements upon the solicitation and sale of salvageable personal property within its jurisdiction. (Added by Stats. 2010, Ch. 75, Sec. 1. (AB 918) Effective January 1, 2011.) § 200 Division 2, Part 1, Chapter 2, Article 1 This chapter shall be known and may be cited as the “Arnold-Kennick Juvenile Court Law.” (Added by Stats. 1976, Ch. 1068.) § 201 Division 2, Part 1, Chapter 2, Article 1 The provisions of this chapter, insofar as they are substantially the same as existing statutory provisions relating to the same subject matter, shall be construed as restatements and continuations thereof, and not as new enactments. (Added by Stats. 1976, Ch. 1068.) § 202 Division 2, Part 1, Chapter 2, Article 1 (a) The purpose of this chapter is to provide for the protection and safety of the public and each minor under the jurisdiction of the juvenile court and to preserve and strengthen the minor’s family ties whenever possible, removing the minor from the custody of his or her parents only when necessary for his or her welfare or for the safety and protection of the public. If removal of a minor is determined by the juvenile court to be necessary, reunification of the minor with his or her family shall be a primary objective. If the minor is removed from his or her own family, it is the purpose of this chapter to secure for the minor custody, care, and discipline as nearly as possible equivalent to that which should have been given by his or her parents. This chapter shall be liberally construed to carry out these purposes. (b) Minors under the jurisdiction of the juvenile court who are in need of protective services shall receive care, treatment, and guidance consistent with their best interest and the best interest of the public. Minors under the jurisdiction of the juvenile court as a consequence of delinquent conduct shall, in conformity with the interests of public safety and protection, receive care, treatment, and guidance that is consistent with their best interest, that holds them accountable for their behavior, and that is appropriate for their circumstances. This guidance may include punishment that is consistent with the rehabilitative objectives of this chapter. If a minor has been removed from the custody of his or her parents, family preservation and family reunification are appropriate goals for the juvenile court to consider when determining the disposition of a minor under the jurisdiction of the juvenile court as a consequence of delinquent conduct when those goals are consistent with his or her best interests and the best interests of the public. When the minor is no longer a ward of the juvenile court, the guidance he or she received should enable him or her to be a law-abiding and productive member of his or her family and the community. (c) It is also the purpose of this chapter to reaffirm that the duty of a parent to support and maintain a minor child continues, subject to the financial ability of the parent to pay, during any period in which the minor may be declared a ward of the court and removed from the custody of the parent. (d) Juvenile courts and other public agencies charged with enforcing, interpreting, and administering the juvenile court law shall consider the safety and protection of the public, the importance of redressing injuries to victims, and the best interests of the minor in all deliberations pursuant to this chapter. Participants in the juvenile justice system shall hold themselves accountable for its results. They shall act in conformity with a comprehensive set of objectives established to improve system performance in a vigorous and ongoing manner. In working to improve system performance, the presiding judge of the juvenile court and other juvenile court judges designated by the presiding judge of the juvenile court shall take into consideration the recommendations contained in subdivision (e) of Standard 5.40 of Title 5 of the California Standards of Judicial Administration, contained in the California Rules of Court. (e) As used in this chapter, “punishment” means the imposition of sanctions. It does not include retribution and shall not include a court order to place a child in foster care as defined by Section 727.3. Permissible sanctions may include any of the following: (1) Payment of a fine by the minor. (2) Rendering of compulsory service without compensation performed for the benefit of the community by the minor. (3) Limitations on the minor’s liberty imposed as a condition of probation or parole. (4) Commitment of the minor to a local detention or treatment facility, such as a juvenile hall, camp, or ranch. (5) Commitment of the minor to the Division of Juvenile Facilities, Department of Corrections and Rehabilitation. (f) In addition to the actions authorized by subdivision (e), the juvenile court may, as appropriate, direct the offender to complete a victim impact class, participate in victim offender conferencing subject to the victim’s consent, pay restitution to the victim or victims, and make a contribution to the victim restitution fund after all victim restitution orders and fines have been satisfied, in order to hold the offender accountable or restore the victim or community. (Amended by Stats. 2007, Ch. 130, Sec. 242. Effective January 1, 2008.) § 202.5 Division 2, Part 1, Chapter 2, Article 1 The duties of the probation officer, as described in this chapter with respect to minors alleged or adjudged to be described by Section 300, whether or not delegated pursuant to Section 272, shall be deemed to be social service as defined by Section 10051, and subject to the administration, supervision and regulations of the State Department of Social Services. (Added by Stats. 1982, Ch. 978, Sec. 3. Effective September 13, 1982.) § 203 Division 2, Part 1, Chapter 2, Article 1 An order adjudging a minor to be a ward of the juvenile court shall not be deemed a conviction of a crime for any purpose, nor shall a proceeding in the juvenile court be deemed a criminal proceeding. (Added by Stats. 1976, Ch. 1068.) § 204 Division 2, Part 1, Chapter 2, Article 1 Notwithstanding any other provision of law, except provisions of law governing the retention and storage of data, a family law court and a court hearing a probate guardianship matter shall, upon request from the juvenile court in any county, provide to the court all available information the court deems necessary to make a determination regarding the best interest of a child, as described in Section 202, who is the subject of a proceeding before the juvenile court pursuant to this division. The information shall also be released to a child protective services worker or juvenile probation officer acting within the scope of his or her duties in that proceeding. Any information released pursuant to this section that is confidential pursuant to any other provision of law shall remain confidential and may not be released, except to the extent necessary to comply with this section. No records shared pursuant to this section may be disclosed to any party in a case unless the party requests the agency or court that originates the record to release these records and the request is granted. In counties that provide confidential family law mediation, or confidential dependency mediation, those mediations are not covered by this section. (Added by Stats. 2004, Ch. 574, Sec. 3. Effective January 1, 2005.) § 204.5 Division 2, Part 1, Chapter 2, Article 1 Notwithstanding any other provision of law, the name of a minor may be disclosed to the public if the minor is 14 years of age or older and found by the juvenile court to be a person described in Section 602 as a result of a sustained petition for the commission of any of the offenses listed in Section 667.5 of the Penal Code, or in subdivision (c) of Section 1192.7 of the Penal Code. (Added by Stats. 1994, Ch. 1019, Sec. 1. Effective January 1, 1995.) § 205 Division 2, Part 1, Chapter 2, Article 1 All commitments to institutions or for placement in family homes under this chapter shall be, so far as practicable, either to institutions or for placement in family homes of the same religious belief as that of the person so committed or of his parents or to institutions affording opportunity for instruction in such religious belief. (Added by Stats. 1976, Ch. 1068.) § 206 Division 2, Part 1, Chapter 2, Article 1 Persons taken into custody and persons alleged to be within the description of Section 300, or persons adjudged to be such and made dependent children of the court pursuant to this chapter solely upon that ground, shall be provided by the board of supervisors with separate facilities segregated from persons either alleged or adjudged to come within the description of Section 601 or 602 except as provided in Section 16514. Separate segregated facilities may be provided in the juvenile hall or elsewhere. The facilities required by this section shall, with regard to minors alleged or adjudged to come within Section 300, be nonsecure. For the purposes of this section, the term “secure facility” means a facility which is designed and operated so as to insure that all entrances to, and exits from, the facility are under the exclusive control of the staff of the facility, whether or not the person being detained has freedom of movement within the perimeters of the facility, or which relies on locked rooms and buildings, fences, or physical restraints in order to control behavior of its residents. The term “nonsecure facility” means a facility that is not characterized by the use of physically restricting construction, hardware, and procedures and which provides its residents access to the surrounding community with minimal supervision. A facility shall not be deemed secure due solely to any of the following conditions: (1) the existence within the facility of a small room for the protection of individual residents from themselves or others; (2) the adoption of regulations establishing reasonable hours for residents to come and go from the facility based upon a sensible and fair balance between allowing residents free access to the community and providing the staff with sufficient authority to maintain order, limit unreasonable actions by residents, and to ensure that minors placed in their care do not come and go at all hours of the day and night or absent themselves at will for days at a time; and (3) staff control over ingress and egress no greater than that exercised by a prudent parent. The State Department of Social Services may adopt regulations governing the use of small rooms pursuant to this section. No minor described in this section may be held in temporary custody in any building that contains a jail or lockup for the confinement of adults, unless, while in the building, the minor is under continuous supervision and is not permitted to come into or remain in contact with adults in custody in the building. In addition, no minor who is alleged to be within the description of Section 300 may be held in temporary custody in a building that contains a jail or lockup for the confinement of adults, unless the minor is under the direct and continuous supervision of a peace officer or other child protective agency worker, as specified in Section 11165.9 of the Penal Code, until temporary custody and detention of the minor is assumed pursuant to Section 309. However, if a child protective agency worker is not available to supervise the minor as certified by the law enforcement agency which has custody of the minor, a trained volunteer may be directed to supervise the minor. The volunteer shall be trained and function under the auspices of the agency which utilizes the volunteer. The minor may not remain under the supervision of the volunteer for more than three hours. A county which elects to utilize trained volunteers for the temporary supervision of minors shall adopt guidelines for the training of the volunteers which guidelines shall be approved by the State Department of Social Services. Each county which elects to utilize trained volunteers for the temporary supervision of minors shall report annually to the department on the number of volunteers utilized, the number of minors under their supervision, and the circumstances under which volunteers were utilized. No record of the detention of such a person shall be made or kept by any law enforcement agency or the Department of Justice as a record of arrest. (Amended by Stats. 1989, Ch. 913, Sec. 2.) § 207 Division 2, Part 1, Chapter 2, Article 1 (a) A minor shall not be detained in any jail, lockup, juvenile hall, or other secure facility if the minor is taken into custody solely upon the ground that the minor is a person described by Section 213.3, or described by Section 601 or adjudged to be such or made a ward of the juvenile court solely upon that ground, except as provided in subdivision (b). If any such minor, other than a minor described in subdivision (b), is detained, the minor shall be detained in a sheltered-care facility or crisis resolution home as provided for in Section 654, or in a nonsecure facility provided for in subdivision (a), (b), (c), or (d) of Section 727. (b) A minor taken into custody upon the ground that the minor is a person described in Section 601, or adjudged to be a ward of the juvenile court solely upon that ground, may be held in a secure facility, other than a facility in which adults are held in secure custody, in any of the following circumstances: (1) For up to 12 hours after having been taken into custody for the purpose of determining if there are any outstanding wants, warrants, or holds against the minor in cases where the arresting officer or probation officer has cause to believe that the wants, warrants, or holds exist. (2) For up to 24 hours after having been taken into custody, in order to locate the minor’s parent or guardian as soon as possible and to arrange the return of the minor to the minor’s parent or guardian, with the exception of an out-of-state runaway who is being held pursuant to the Interstate Compact for Juveniles. (c) Any minor detained in juvenile hall pursuant to subdivision (b) shall not be permitted to come or remain in contact with any person detained on the basis that the minor has been taken into custody upon the ground that the minor is a person described in Section 602 or adjudged to be such or made a ward of the juvenile court upon that ground. (d) Minors detained in juvenile hall pursuant to Sections 601 and 602 may be held in the same facility provided they are not permitted to come or remain in contact within that facility. (e) Every county shall keep a record of each minor detained under subdivision (b), the place and length of time of the detention, and the reasons why the detention was necessary. Every county shall report this information to the Board of State and Community Corrections on a monthly basis, on forms to be provided by that agency. The board shall not disclose the name of the detainee, or any personally identifying information contained in reports sent to the Division of Juvenile Justice under this subdivision. (Amended by Stats. 2019, Ch. 497, Sec. 289. (AB 991) Effective January 1, 2020.) § 207.1 Division 2, Part 1, Chapter 2, Article 1 (a) A court, judge, referee, peace officer, or employee of a detention facility shall not knowingly detain any minor in a jail or lockup, unless otherwise permitted by any other law. (b) (1) A minor 14 years of age or older who is taken into temporary custody by a peace officer on the basis of being a person described by Section 602, and who, in the reasonable belief of the peace officer, presents a serious security risk of harm to self or others, may be securely detained in a law enforcement facility that contains a lockup for adults, if all of the following conditions are met: (A) The minor is held in temporary custody for the purpose of investigating the case, facilitating release of the minor to a parent or guardian, or arranging transfer of the minor to an appropriate juvenile facility. (B) The minor is detained in the law enforcement facility for a period that does not exceed six hours except as provided in subdivision (d). (C) The minor is informed at the time the minor is securely detained of the purpose of the secure detention, of the length of time the secure detention is expected to last, and of the maximum six-hour period the secure detention is authorized to last. In the event an extension is granted pursuant to subdivision (d), the minor shall be informed of the length of time the extension is expected to last. (D) Contact between the minor and adults confined in the facility is restricted in accordance with Section 208. (E) The minor is adequately supervised. (F) A log or other written record is maintained by the law enforcement agency showing the offense that is the basis for the secure detention of the minor in the facility, the reasons and circumstances forming the basis for the decision to place the minor in secure detention, and the length of time the minor was securely detained. (2) Any other minor, other than a minor to which paragraph (1) applies, who is taken into temporary custody by a peace officer on the basis that the minor is a person described by Section 602 may be taken to a law enforcement facility that contains a lockup for adults and may be held in temporary custody in the facility for the purposes of investigating the case, facilitating the release of the minor to a parent or guardian, or arranging for the transfer of the minor to an appropriate juvenile facility. While in the law enforcement facility, the minor may not be securely detained and shall be supervised in a manner so as to ensure that there will be no contact with adults in custody in the facility. If the minor is held in temporary, nonsecure custody within the facility, the peace officer shall exercise one of the dispositional options authorized by Sections 626 and 626.5 without unnecessary delay and, in every case, within six hours. (3) “Law enforcement facility,” as used in this subdivision, includes a police station or a sheriff’s station, but does not include a jail, as defined in subdivision (g). (c) The Board of State and Community Corrections shall assist law enforcement agencies, probation departments, and courts with the implementation of this section by doing all of the following: (1) The board shall advise each law enforcement agency, probation department, and court affected by this section as to its existence and effect. (2) The board shall make available and, upon request, shall provide, technical assistance to each governmental agency that reported the confinement of a minor in a jail or lockup in calendar year 1984 or 1985. The purpose of this technical assistance is to develop alternatives to the use of jails or lockups for the confinement of minors. These alternatives may include secure or nonsecure facilities located apart from an existing jail or lockup, improved transportation or access to juvenile halls or other juvenile facilities, and other programmatic alternatives recommended by the board. The technical assistance shall take any form the board deems appropriate for effective compliance with this section. (d) (1) (A) Under the limited conditions of inclement weather, acts of God, or natural disasters that result in the temporary unavailability of transportation, an extension of the six-hour maximum period of detention set forth in paragraph (2) of subdivision (b) may be granted to a county by the Board of Corrections. The extension may be granted only by the board, on an individual, case-by-case basis. If the extension is granted, the detention of minors under those conditions shall not exceed the duration of the special conditions, plus a period reasonably necessary to accomplish transportation of the minor to a suitable juvenile facility, not to exceed six hours after the restoration of available transportation. (B) A county that receives an extension under this paragraph shall comply with the requirements set forth in subdivision (b). The county also shall provide a written report to the board that specifies when the inclement weather, act of God, or natural disaster ceased to exist, when transportation availability was restored, and when the minor was delivered to a suitable juvenile facility. If the minor was detained in excess of 24 hours, the board shall verify the information contained in the report. (2) Under the limited condition of temporary unavailability of transportation, an extension of the six-hour maximum period of detention set forth in paragraph (2) of subdivision (b) may be granted by the board to an offshore law enforcement facility. The extension may be granted only by the board, on an individual, case-by-case basis. If the extension is granted, the detention of minors under those conditions shall extend only until the next available mode of transportation can be arranged. An offshore law enforcement facility that receives an extension under this paragraph shall comply with the requirements set forth in subdivision (b). The facility also shall provide a written report to the board that specifies when the next mode of transportation became available, and when the minor was delivered to a suitable juvenile facility. If the minor was detained in excess of 24 hours, the board shall verify the information contained in the report. (3) At least annually, the board shall review and report on extensions sought and granted under this subdivision. If, upon that review, the board determines that a county has sought one or more extensions resulting in the excessive confinement of minors in adult facilities, or that a county is engaged in a pattern and practice of seeking extensions, it shall require the county to submit a detailed explanation of the reasons for the extensions sought and an assessment of the need for a conveniently located and suitable juvenile facility. Upon receiving this information, the board shall make available, and the county shall accept, technical assistance for the purpose of developing suitable alternatives to the confinement of minors in adult lockups. (e) Any county that did not have a juvenile hall on January 1, 1987, may establish a special purpose juvenile hall, as defined by the Board of Corrections, for the detention of minors for a period not to exceed 96 hours. Any county that had a juvenile hall on January 1, 1987, also may establish, in addition to the juvenile hall, a special purpose juvenile hall. The board shall prescribe minimum standards for that type of facility. (f) No part of a building or a building complex that contains a jail may be converted or utilized as a secure juvenile facility unless all of the following criteria are met: (1) The juvenile facility is physically, or architecturally, separate and apart from the jail or lockup such that there could be no contact between juveniles and incarcerated adults. (2) Sharing of nonresidential program areas only occurs where there are written policies and procedures that assure that there is time-phased use of those areas that prevents contact between juveniles and incarcerated adults. (3) The juvenile facility has a dedicated and separate staff from the jail or lockup, including management, security, and direct care staff. Staff who provide specialized services such as food, laundry, maintenance, engineering, or medical services, who are not normally in contact with detainees, or whose infrequent contacts occur under conditions of separation of juveniles and adults, may serve both populations. (4) The juvenile facility complies with all applicable state and local statutory, licensing, and regulatory requirements for juvenile facilities of its type. (g) (1) “Jail,” as used in this chapter, means a locked facility administered by a law enforcement or governmental agency, the purpose of which is to detain adults who have been charged with violations of criminal law and are pending trial, or to hold convicted adult criminal offenders sentenced for less than one year. (2) “Lockup,” as used in this chapter, means any locked room or secure enclosure under the control of a sheriff or other peace officer that is primarily for the temporary confinement of adults upon arrest. (3) “Offshore law enforcement facility,” as used in this section, means a sheriff’s station containing a lockup for adults that is located on an island located at least 22 miles from the California coastline. (h) This section shall not be deemed to prevent a peace officer or employee of an adult detention facility or jail from escorting a minor into the detention facility or jail for the purpose of administering an evaluation, test, or chemical test pursuant to Section 23157 of the Vehicle Code, if all of the following conditions are met: (1) The minor is taken into custody by a peace officer on the basis of being a person described by Section 602 and there is no equipment for the administration of the evaluation, test, or chemical test located at a juvenile facility within a reasonable distance of the point where the minor was taken into custody. (2) The minor is not locked in a cell or room within the adult detention facility or jail, is under the continuous, personal supervision of a peace officer or employee of the detention facility or jail, and is not permitted to come in contact or remain in contact with in-custody adults. (3) The evaluation, test, or chemical test administered pursuant to Section 23157 of the Vehicle Code is performed as expeditiously as possible, so that the minor is not delayed unnecessarily within the adult detention facility or jail. Upon completion of the evaluation, test, or chemical test, the minor shall be removed from the detention facility or jail as soon as reasonably