Juvenile Court LawSupport of Wards and Dependent Children
Section § 900
This law section outlines how counties in California are responsible for the financial support of dependent children or minors under the juvenile court system. For dependent children, the county must pay up to $20 per month for their support, though a higher maximum can be set by the county's board of supervisors. Payments are made from the county treasury. For wards of the juvenile court, the county covers their entire support and maintenance costs, also from the county treasury.
Additionally, this law includes minors who are temporarily supervised by probation and placed outside their homes for no more than seven days, with parental or guardian approval. All financial support orders must specify the amounts paid and are considered legal charges against the county.
Section § 901
This law ensures that any payment orders related to the support and maintenance of a ward, dependent child, or minor cannot exceed the actual costs incurred for their care. This means you can only be required to pay the exact amount needed to cover their living expenses, nothing more.
Section § 902
This section explains that if a county's funding isn't enough to cover the full cost of caring for a dependent child, the court can order additional needed funds to come from the child's own earnings, property, or estate, or from parents, guardians, or others responsible for the child's support. The payments are directed to the county, which then pays those caring for the child.
However, this rule doesn't apply to minors who are wards of the juvenile court or are undergoing specific juvenile proceedings, unless the minor is a dual status child, which means they are under both dependency and delinquency jurisdictions; in such cases, it only applies to dependency jurisdiction.
Section § 903
This law states that parents or guardians are responsible for paying the reasonable costs of a minor's support when the minor is placed in a facility or institution due to juvenile court orders. However, the county can only charge for support, not for rehabilitation or treatment costs, and these charges should reflect the family's ability to pay. Additionally, the law highlights that these costs cover necessities like food and clothing, with specific rules for when medical expenses can be charged. There are guidelines and adjustments based on the Consumer Price Index for maximum daily costs. Some exceptions are noted, such as if the minor has private insurance or is under certain protective statuses. Finally, if a petition to declare the minor dependent is dismissed, parents are not liable for the costs.
Section § 903.1
In California, if a juvenile court orders legal services for a minor, the minor’s parents, their spouses, or others responsible for the minor’s support, as well as the estate of those responsible, might have to pay for these costs incurred by the county or court. This does not apply to minors who are wards of the court or involved in delinquency proceedings, except when designated as dual status for dependency only. Additionally, these individuals may also be liable for legal costs incurred for themselves during dependency proceedings, with liability shared jointly. However, if the case is dismissed before a dependency declaration, they aren't responsible for these costs. Collected fees go to the Administrative Office of the Courts and are deposited into the Trial Court Trust Fund.
Section § 903.2
This California law states that if a minor is under home supervision by order of the juvenile court, the parents or guardians, and any available estates, may be required to pay for the costs involved. These costs can be shared among those financially responsible, but only if they have the ability to pay. In assessing this ability, the county must consider the family's income, necessary expenses, and dependents.
However, this payment requirement does not apply if the minor becomes a ward of the court under certain conditions, such as when on probation or under juvenile court consideration for certain petitions. The exception is if the minor is a dual status child, where this rule may apply for dependency issues but not for delinquency ones.
Section § 903.4
This section of the law emphasizes the need to collect parental reimbursements more effectively for the care of children placed in out-of-home care by the juvenile court. Parents are expected to contribute financially to their child's support when the state incurs these costs. If necessary, the local child support agency can ask the court to issue orders for parents to pay ongoing support and reimburse costs. Parents are informed about their rights and obligations, including the ability to contest these orders, seek legal advice, or request modifications if circumstances change.
This law does not apply to minors who are in juvenile probation or delinquency proceedings, except those with dual status for dependency. Details about financial declarations and penalties for sharing confidential financial information improperly are also provided.
Section § 903.5
This law states that if a parent or guardian voluntarily places a minor in 24-hour out-of-home care and the minor receives certain forms of financial aid, the parent or guardian is responsible for the cost of the child's care and support. This applies even when the minor is receiving aid through programs like AFDC-FC, SSI-SSP, or county funds. However, this rule doesn't apply to minors involved in juvenile court proceedings or who are on probation, except for those with dual status as dependency cases.
Section § 903.6
This law explains how funds collected from certain sources related to juvenile placements are to be distributed. If a minor is placed in a program fully funded by the county, the county keeps all the collected money. If the program is funded partly by the state or federal sources, the State Department of Social Services distributes the funds, following specific rules and providing incentives.
Section § 903.7
This law establishes the Foster Children and Parent Training Fund in California's State Treasury, intended to support foster parent training and foster services programs. Each year, beginning in 1981, the Department of Child Support Services calculates the state's share of foster care collections, exceeding certain thresholds, for transfer to this fund. Up to $3 million can be allocated annually for community college-based foster parent training programs. These funds prioritize preparing parents to care for children with special needs and are managed by the Chancellor of the California Community Colleges in coordination with foster parent associations and social services. A specified portion of the funds covers administrative costs. After allocations for training, leftover funds may support foster care services outlined in educational codes. Any remaining funds can be transferred to the General Fund if not used for these purposes. This law is effective until June 30, 2005, unless extended by subsequent legislation.
Section § 903.8
Starting in 1994, California's Department of Social Services was tasked with creating a better training program for foster parents using leftover funds from the 1992-93 fiscal year. The training program is intended to last for two and a half years and involves working with foster parents, county agencies, and foster care providers to update and improve training materials.
This program involves surveying current training resources, developing new training focusing on teenage pregnancy prevention, and addressing special topics. It aims to include fact-based health information, particularly stressing the effectiveness of abstinence in preventing teen pregnancy and sexually transmitted diseases, including AIDS.
The program also includes evaluating funding for training, enhancing recruitment strategies, particularly among minority families, and placing emphasis on recruiting foster parents who can care for sibling groups. Participation in this training is voluntary for foster parents.
Section § 903.25
This California law states that if a parent or guardian is notified that their child is ready to be picked up from custody, such as from a probation department or foster care, they may be responsible for the costs of the child's care if they don't pick them up within a set time (12 to 48 hours, depending on the situation). The maximum amount they could owe is $100 for each 24-hour period they fail to do so. However, the requirement to pay is capped according to the parents' financial ability, and they can request a hearing to assess this. The law doesn't apply to minors who are wards of the court or on probation, but it does apply to those designated as dual status children under specific conditions.
Section § 903.41
This section of the law focuses on coordination between family law and juvenile courts in California to efficiently address parentage and child support issues. It requires courts to share relevant documents to comply with federal child support guidelines. If paternity issues come up in specific juvenile hearings, the court must inform the local child support agency. The agency checks for existing judgments and provides copies to the juvenile court, or lets the court resolve parentage issues if not previously determined.
Additionally, if paternity is established, the court sends the order to the local child support agency. The law also mandates that if a child is or may be receiving CalWORKs assistance, the court must inform the child support agency. Lastly, parents must be informed that the agency might start a support action if the child receives CalWORKs.
Section § 903.45
This section allows counties to appoint a financial evaluation officer to assess a person's ability to pay certain costs related to juvenile court cases. After a juvenile court hearing, people responsible for costs such as child support or legal services must meet with the evaluator. If someone can pay, the evaluator will petition the court to require payment. However, if the payment affects a parent's ability to support their child or reunify, they might not have to pay. Those assessed can dispute their payment ability in a court hearing. If someone disagrees with the evaluator or misses the meeting, the evaluator can recommend full payment. If both parties agree on payment terms, the court might approve without further notice. Individuals can ask the court to change or cancel payment if circumstances change.
Section § 903.47
This law outlines a program created by the Judicial Council to collect payments from those responsible for the costs of court-appointed attorneys for parents or minors in dependency cases. The program includes standards for deciding whether someone can afford these payments, considering income, obligations, dependents, and program efficiency.
The Judicial Council must also formulate policies detailing how courts can use collected funds and hire third parties to help with collections. The collected money should be used to lower the workload of court-appointed attorneys, especially in courts that can show improved outcomes for families as a result.
Court or county financial evaluation officers are responsible for assessing the financial ability to pay these costs, following specific guidelines set out in another law section.
Section § 904
This law section explains how costs for minors in certain juvenile court cases are determined. For things like the care and support of minors in a juvenile institution, supervision costs, and sealing records, the county's board of supervisors sets the price. The court sets costs for legal services and court-held record sealing. The Judicial Council must approve or establish procedures for these cost determinations. The law specifically does not apply to minors involved in certain juvenile probation cases or petitions to become a ward, except when a minor is both a dependent and a ward under dual status but only in dependency cases.
Section § 911
This law limits the time for which a county can pay for the support of a ward or dependent child of the juvenile court from its treasury to 12 months. For minors who have a petition filed but aren't wards or dependents, support payments are capped at one month. Cases involving wards or dependent children in juvenile court should not continue for more than 12 months without resolution.
If a juvenile ward is placed in a home like a foster home or work home, and the placement is agreed upon by the juvenile court and the state school officer, the county may pay the home for the child's maintenance, but the amount can't exceed $25 per month.
Section § 912
This law outlines the financial obligations of counties in California when a juvenile is sent to the Department of Corrections and Rehabilitation, Division of Juvenile Facilities. Counties must pay an annual fee to the state while the juvenile is in custody. For juveniles committed on or after July 1, 2012, the fee is $24,000 per year. For those committed on or after July 1, 2018, the fee remains $24,000, but counties are not required to pay for individuals aged 23 or older. For juveniles committed from July 1, 2021, the fee increases to $125,000, with the same age provision.
The Board of State and Community Corrections is responsible for collecting data about juvenile offenders and their placements.
Section § 913
When a juvenile court decides a child is a ward or dependent and places them with an organization meant to care for them or find them a home, the county can form an agreement with this organization. This agreement would involve the organization overseeing the child's supervision, investigation, and rehabilitation. The county can agree to pay the organization an amount that matches the cost of providing these services.
Section § 914
This law defines what counts as 'expenses for support and maintenance' for a ward or dependent child. It includes the cost of medical services at county or private facilities and approval from the juvenile court. It also covers the cost of living at juvenile facilities like halls, forestry camps, homes, or ranches, whether they're in or out of the county.