Bill Text: CA AB2060 | 2011-2012 | Regular Session | Chaptered
Bill Title: Juveniles: educational decisions.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Passed) 2012-08-17 - Chaptered by Secretary of State - Chapter 176, Statutes of 2012. [AB2060 Detail]
Download: California-2011-AB2060-Chaptered.html
BILL NUMBER: AB 2060 CHAPTERED
BILL TEXT
CHAPTER 176
FILED WITH SECRETARY OF STATE AUGUST 17, 2012
APPROVED BY GOVERNOR AUGUST 17, 2012
PASSED THE SENATE AUGUST 9, 2012
PASSED THE ASSEMBLY AUGUST 13, 2012
AMENDED IN SENATE AUGUST 7, 2012
AMENDED IN ASSEMBLY APRIL 30, 2012
INTRODUCED BY Assembly Member Bonilla
FEBRUARY 23, 2012
An act to amend Sections 319, 361, and 726 of the Welfare and
Institutions Code, relating to juveniles.
LEGISLATIVE COUNSEL'S DIGEST
AB 2060, Bonilla. Juveniles: educational decisions.
Existing law authorizes the court to limit the right of a parent
to make educational decisions for a dependent child or ward of the
court under specific circumstances. If the court limits a parent's
right to make educational decisions for his or her child, existing
law authorizes the court to temporarily appoint a responsible adult
to make educational decisions for the child. Under existing law, if
the court cannot identify a responsible adult to fulfill that role
while dependency proceedings are pending, the court may make
educational decisions for the child, except as specified. After a
child has been adjudged a dependent child or a ward of the juvenile
court, if the court cannot identify a responsible adult to make
educational decisions for the child, the court is required to refer
the child to the local educational agency for appointment of a
surrogate parent if the child has special education needs. If
appointment of a surrogate parent is not warranted because the child
does not have special education needs, and the child does not have a
foster parent, the court may make educational decisions for the
child.
This bill would require the court, after limiting a parent's
educational rights in dependency or wardship proceedings, to
determine if there is a responsible adult who is a relative,
nonrelative extended family member, or other adult known to the child
and who is available and willing to serve as the child's educational
representative before appointing an educational representative or
surrogate who is not known to the child. This bill would also require
an appointed educational representative or surrogate parent to meet
with the child, investigate the child's educational needs and whether
those needs are being met, and present recommendations to the court
or attend court to participate in any portion of a hearing that
concerns the child's education. By requiring a higher level of
service by local educational agencies in the appointment and
performance of surrogate parents, this bill would impose a
state-mandated local program.
The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 319 of the Welfare and Institutions Code is
amended to read:
319. (a) At the initial petition hearing, the court shall examine
the child's parents, guardians, or other persons having relevant
knowledge and hear the relevant evidence as the child, the child's
parents or guardians, the petitioner, or their counsel desires to
present. The court may examine the child, as provided in Section 350.
(b) The social worker shall report to the court on the reasons why
the child has been removed from the parent's physical custody, the
need, if any, for continued detention, the available services and the
referral methods to those services that could facilitate the return
of the child to the custody of the child's parents or guardians, and
whether there are any relatives who are able and willing to take
temporary physical custody of the child. The court shall order the
release of the child from custody unless a prima facie showing has
been made that the child comes within Section 300, the court finds
that continuance in the parent's or guardian's home is contrary to
the child's welfare, and any of the following circumstances exist:
(1) There is a substantial danger to the physical health of the
child or the child is suffering severe emotional damage, and there
are no reasonable means by which the child's physical or emotional
health may be protected without removing the child from the parent's
or guardian's physical custody.
(2) There is substantial evidence that a parent, guardian, or
custodian of the child is likely to flee the jurisdiction of the
court.
(3) The child has left a placement in which he or she was placed
by the juvenile court.
(4) The child indicates an unwillingness to return home, if the
child has been physically or sexually abused by a person residing in
the home.
(c) If the matter is continued pursuant to Section 322 or for any
other reason, the court shall find that the continuance of the child
in the parent's or guardian's home is contrary to the child's welfare
at the initial petition hearing or order the release of the child
from custody.
(d) (1) The court shall also make a determination on the record,
referencing the social worker's report or other evidence relied upon,
as to whether reasonable efforts were made to prevent or eliminate
the need for removal of the child from his or her home, pursuant to
subdivision (b) of Section 306, and whether there are available
services that would prevent the need for further detention. Services
to be considered for purposes of making this determination are case
management, counseling, emergency shelter care, emergency in-home
caretakers, out-of-home respite care, teaching and demonstrating
homemakers, parenting training, transportation, and any other child
welfare services authorized by the State Department of Social
Services pursuant to Chapter 5 (commencing with Section 16500) of
Part 4 of Division 9. The court shall also review whether the social
worker has considered whether a referral to public assistance
services pursuant to Chapter 2 (commencing with Section 11200) and
Chapter 7 (commencing with Section 14000) of Part 3, Chapter 1
(commencing with Section 17000) of Part 5, and Chapter 10 (commencing
with Section 18900) of Part 6 of Division 9 would have eliminated
the need to take temporary custody of the child or would prevent the
need for further detention.
(2) If the child can be returned to the custody of his or her
parent or guardian through the provision of those services, the court
shall place the child with his or her parent or guardian and order
that the services shall be provided. If the child cannot be returned
to the physical custody of his or her parent or guardian, the court
shall determine if there is a relative who is able and willing to
care for the child, and has been assessed pursuant to paragraph (1)
of subdivision (d) of Section 309.
(e) If a court orders a child detained, the court shall state the
facts on which the decision is based, specify why the initial removal
was necessary, reference the social worker's report or other
evidence relied upon to make its determination whether continuance in
the home of the parent or legal guardian is contrary to the child's
welfare, order temporary placement and care of the child to be vested
with the county child welfare department pending the hearing held
pursuant to Section 355 or further order of the court, and order
services to be provided as soon as possible to reunify the child and
his or her family if appropriate.
(f) (1) If the child is not released from custody, the court may
order that the child shall be placed in the assessed home of a
relative, in an emergency shelter or other suitable licensed place,
in a place exempt from licensure designated by the juvenile court, or
in the assessed home of a nonrelative extended family member as
defined in Section 362.7 for a period not to exceed 15 judicial days.
(2) As used in this section, "relative" means an adult who is
related to the child 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," or "grand," or the spouse of any of these persons,
even if the marriage was terminated by death or dissolution. However,
only the following relatives shall be given preferential
consideration for placement of the child: an adult who is a
grandparent, aunt, uncle, or sibling of the child.
(3) The court shall consider the recommendations of the social
worker based on the assessment pursuant to paragraph (1) of
subdivision (d) of Section 309 of the relative's home, including the
results of a criminal records check and prior child abuse
allegations, if any, prior to ordering that the child be placed with
a relative. The court shall order the parent to disclose to the
social worker the names, residences, and any known identifying
information of any maternal or paternal relatives of the child. The
social worker shall initiate the assessment pursuant to Section 361.3
of any relative to be considered for continuing placement.
(g) (1) At the initial hearing upon the petition filed in
accordance with subdivision (c) of Rule 5.520 of the California Rules
of Court or anytime thereafter up until the time that the minor is
adjudged a dependent child of the court or a finding is made
dismissing the petition, the court may temporarily limit the right of
the parent or guardian to make educational or developmental services
decisions for the child and temporarily appoint a responsible adult
to make educational or developmental services decisions for the child
if all of the following conditions are found:
(A) The parent or guardian is unavailable, unable, or unwilling to
exercise educational or developmental services rights for the child.
(B) The county placing agency has made diligent efforts to locate
and secure the participation of the parent or guardian in educational
or developmental services decisionmaking.
(C) The child's educational and developmental services needs
cannot be met without the temporary appointment of a responsible
adult.
(2) If the court limits the parent's educational rights under this
subdivision, the court shall determine whether there is a
responsible adult who is a relative, nonrelative extended family
member, or other adult known to the child and who is available and
willing to serve as the child's educational representative before
appointing an educational representative or surrogate who is not
known to the child.
(3) If the court cannot identify a responsible adult to make
educational decisions for the child and the appointment of a
surrogate parent, as defined in subdivision (a) of Section 56050 of
the Education Code, is not warranted, the court may, with the input
of any interested person, make educational decisions for the child.
If the child is receiving services from a regional center, the
provision of any developmental services related to the court's
decision must be consistent with the child's individual program plan
and pursuant to the provisions of the Lanterman Developmental
Disabilities Services Act (Division 4.5 (commencing with Section
4500)). If the court cannot identify a responsible adult to make
developmental services decisions for the child, the court may, with
the input of any interested person, make developmental services
decisions for the child. If the court makes educational or
developmental services decisions for the child, the court shall also
issue appropriate orders to ensure that every effort is made to
identify a responsible adult to make future educational or
developmental services decisions for the child.
(4) Any temporary appointment of a responsible adult and temporary
limitation on the right of the parent or guardian to make
educational or developmental services decisions for the child shall
be specifically addressed in the court order. Any order made under
this section shall expire at the conclusion of the hearing held
pursuant to Section 361 or upon dismissal of the petition. Upon the
entering of disposition orders, any additional needed limitation on
the parent's or guardian's educational or developmental services
rights shall be addressed pursuant to Section 361.
(5) Nothing in this section in any way removes the obligation to
appoint surrogate parents for students with disabilities who are
without parental representation in special education procedures as
required by state and federal law, including Section 1415(b)(2) of
Title 20 of the United States Code, Section 56050 of the Education
Code, Section 7579.5 of the Government Code, and Rule 5.650 of the
California Rules of Court.
(6) If the court appoints a developmental services decisionmaker
pursuant to this section, he or she shall have the authority to
access the child's information and records pursuant to subdivision
(u) of Section 4514 and subdivision (y) of Section 5328, and to act
on the child's behalf for the purposes of the individual program plan
process pursuant to Sections 4646, 4646.5, and 4648 and the fair
hearing process pursuant to Chapter 7 (commencing with Section 4700),
and as set forth in the court order.
SEC. 2. Section 361 of the Welfare and Institutions Code is
amended to read:
361. (a) (1) In all cases in which a minor is adjudged a
dependent child of the court on the ground that the minor is a person
described by Section 300, the court may limit the control to be
exercised over the dependent child by any parent or guardian and
shall by its order clearly and specifically set forth all those
limitations. Any limitation on the right of the parent or guardian to
make educational or developmental services decisions for the child
shall be specifically addressed in the court order. The limitations
may not exceed those necessary to protect the child. If the court
specifically limits the right of the parent or guardian to make
educational or developmental services decisions for the child, the
court shall at the same time appoint a responsible adult to make
educational or developmental services decisions for the child until
one of the following occurs:
(A) The minor reaches 18 years of age, unless the child chooses
not to make educational or developmental services decisions for
himself or herself, or is deemed by the court to be incompetent.
(B) Another responsible adult is appointed to make educational or
developmental services decisions for the minor pursuant to this
section.
(C) The right of the parent or guardian to make educational or
developmental services decisions for the minor is fully restored.
(D) A successor guardian or conservator is appointed.
(E) The child is placed into a planned permanent living
arrangement pursuant to paragraph (3) of subdivision (g) of Section
366.21, Section 366.22, or Section 366.26, at which time, for
educational decisionmaking, 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, and for decisions relating to
developmental services, unless the court specifies otherwise, the
foster parent, relative caregiver, or nonrelative extended family
member of the planned permanent living arrangement has the right to
represent the child in matters related to developmental services.
(2) An individual who would have a conflict of interest in
representing the child may not be appointed to make educational or
developmental services 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 or developmental services 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.
(3) If the court limits the parent's educational rights pursuant
to this subdivision, the court shall determine whether there is a
responsible adult who is a relative, nonrelative extended family
member, or other adult known to the child who is available and
willing to serve as the child's educational representative before
appointing an educational representative or surrogate who is not
known to the child.
If the court cannot identify a responsible adult who is known to
the child and available to make educational decisions for the child,
subparagraphs (A) to (E), inclusive, of paragraph (1) 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.
If the court cannot identify a responsible adult to make
educational decisions for the child, the appointment of a surrogate
parent as defined in subdivision (a) of Section 56050 of the
Education Code is not warranted, and there is no foster parent to
exercise the authority granted by Section 56055 of the Education
Code, the court may, with the input of any interested person, make
educational decisions for the child.
(4) If the court appoints a developmental services decisionmaker
pursuant to this section, he or she shall have the authority to
access the child's information and records pursuant to subdivision
(u) of Section 4514 and subdivision (y) of Section 5328, and to act
on the child's behalf for the purposes of the individual program plan
process pursuant to Sections 4646, 4646.5, and 4648 and the fair
hearing process pursuant to Chapter 7 (commencing with Section 4700)
of Division 4.5, and as set forth in the court order.
If the court cannot identify a responsible adult to make
developmental services decisions for the child, the court may, with
the input of any interested person, make developmental services
decisions for the child. If the child is receiving services from a
regional center, the provision of any developmental services related
to the court's decision must be consistent with the child's
individual program plan and pursuant to the provisions of the
Lanterman Developmental Disabilities Services Act (Division 4.5
(commencing with Section 4500)).
(5) 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. If an educational
representative or surrogate is appointed for the child, the
representative or surrogate shall meet with the child, shall
investigate the child's educational needs and whether those needs are
being met, and shall, prior to each review hearing held under this
article, provide information and recommendations concerning the child'
s educational needs to the child's social worker, make written
recommendations to the court, or attend the hearing and participate
in those portions of the hearing that concern the child's education.
(6) Nothing in this section in any way removes the obligation to
appoint surrogate parents for students with disabilities who are
without parental representation in special education procedures as
required by state and federal law, including Section 1415(b)(2) of
Title 20 of the United States Code, Section 56050 of the Education
Code, Section 7579.5 of the Government Code, and Rule 5.650 of the
California Rules of Court.
(b) Subdivision (a) does not limit the ability of a parent to
voluntarily relinquish his or her child to the State Department of
Social Services or to a county adoption agency at any time while the
child is a dependent child of the juvenile court, if the department
or agency is willing to accept the relinquishment.
(c) A dependent child may not be taken from the physical custody
of his or her parents or guardian or guardians with whom the child
resides at the time the petition was initiated, unless the juvenile
court finds clear and convincing evidence of any of the following
circumstances listed in paragraphs (1) to (5), inclusive, and, in an
Indian child custody proceeding, paragraph (6):
(1) There is or would be a substantial danger to the physical
health, safety, protection, or physical or emotional well-being of
the minor if the minor were returned home, and there are no
reasonable means by which the minor's physical health can be
protected without removing the minor from the minor's parent's or
guardian's physical custody. The fact that a minor has been
adjudicated a dependent child of the court pursuant to subdivision
(e) of Section 300 shall constitute prima facie evidence that the
minor cannot be safely left in the physical custody of the parent or
guardian with whom the minor resided at the time of injury. The court
shall consider, as a reasonable means to protect the minor, the
option of removing an offending parent or guardian from the home. The
court shall also consider, as a reasonable means to protect the
minor, allowing a nonoffending parent or guardian to retain physical
custody as long as that parent or guardian presents a plan acceptable
to the court demonstrating that he or she will be able to protect
the child from future harm.
(2) The parent or guardian of the minor is unwilling to have
physical custody of the minor, and the parent or guardian has been
notified that if the minor remains out of their physical custody for
the period specified in Section 366.26, the minor may be declared
permanently free from their custody and control.
(3) The minor is suffering severe emotional damage, as indicated
by extreme anxiety, depression, withdrawal, or untoward aggressive
behavior toward himself or herself or others, and there are no
reasonable means by which the minor's emotional health may be
protected without removing the minor from the physical custody of his
or her parent or guardian.
(4) The minor or a sibling of the minor has been sexually abused,
or is deemed to be at substantial risk of being sexually abused, by a
parent, guardian, or member of his or her household, or other person
known to his or her parent, and there are no reasonable means by
which the minor can be protected from further sexual abuse or a
substantial risk of sexual abuse without removing the minor from his
or her parent or guardian, or the minor does not wish to return to
his or her parent or guardian.
(5) The minor has been left without any provision for his or her
support, or a parent who has been incarcerated or institutionalized
cannot arrange for the care of the minor, or a relative or other
adult custodian with whom the child has been left by the parent is
unwilling or unable to provide care or support for the child and the
whereabouts of the parent is unknown and reasonable efforts to locate
him or her have been unsuccessful.
(6) In an Indian child custody proceeding, continued custody of
the child by the parent or Indian custodian is likely to result in
serious emotional or physical damage to the child, and that finding
is supported by testimony of a "qualified expert witness" as
described in Section 224.6.
(A) Stipulation by the parent, Indian custodian, or the Indian
child's tribe, or failure to object, may waive the requirement of
producing evidence of the likelihood of serious damage only if the
court is satisfied that the party has been fully advised of the
requirements of the federal Indian Child Welfare Act (25 U.S.C. Sec.
1901 et seq.), and has knowingly, intelligently, and voluntarily
waived them.
(B) Failure to meet non-Indian family and child-rearing community
standards, or the existence of other behavior or conditions that meet
the removal standards of this section, will not support an order for
placement in the absence of the finding in this paragraph.
(d) The court shall make a determination as to whether reasonable
efforts were made to prevent or to eliminate the need for removal of
the minor from his or her home or, if the minor is removed for one of
the reasons stated in paragraph (5) of subdivision (c), whether it
was reasonable under the circumstances not to make any of those
efforts, or, in the case of an Indian child custody proceeding,
whether active efforts as required in Section 361.7 were made and
that these efforts have proved unsuccessful. The court shall state
the facts on which the decision to remove the minor is based.
(e) The court shall make all of the findings required by
subdivision (a) of Section 366 in either of the following
circumstances:
(1) The minor has been taken from the custody of his or her parent
or guardian and has been living in an out-of-home placement pursuant
to Section 319.
(2) The minor has been living in a voluntary out-of-home placement
pursuant to Section 16507.4.
SEC. 3. Section 726 of the Welfare and Institutions Code is
amended to read:
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 or developmental services decisions
for the minor, the court shall at the same time appoint a responsible
adult to make educational or developmental services 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 or developmental services decisions for
himself or herself, or is deemed by the court to be incompetent.
(2) Another responsible adult is appointed to make educational or
developmental services decisions for the minor pursuant to this
section.
(3) The right of the parent or guardian to make educational or
developmental services 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, for educational decisionmaking, 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, and for decisions relating to developmental services,
unless the court specifies otherwise, the foster parent, relative
caregiver, or nonrelative extended family member of the planned
permanent living arrangement has the right to represent the child in
matters related to developmental services.
(c) 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. The limitations
applicable to conflicts of interest for educational rights holders
shall also apply to authorized representatives for developmental
services decisions pursuant to subdivision (b) of Section 4701.6. 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 or developmental
services 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.
(1) If the court limits the parent's educational rights pursuant
to subdivision (a), the court shall determine whether there is a
responsible adult who is a relative, nonrelative extended family
member, or other adult known to the child and who is available and
willing to serve as the child's educational representative before
appointing an educational representative or surrogate who is not
known to the child.
If the court cannot identify a responsible adult who is known to
the child and available to make educational decisions for the child
and subparagraphs (A) to (E), 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.
(2) 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. If an educational representative or
surrogate is appointed for the child, the representative or surrogate
shall meet with the child, shall investigate the child's educational
needs and whether those needs are being met, and shall, prior to
each review hearing held under Article 10 (commencing with Section
360), provide information and recommendations concerning the child's
educational needs to the child's social worker, make written
recommendations to the court, or attend the hearing and participate
in those portions of the hearing that concern the child's education.
(3) Nothing in this section in any way removes the obligation to
appoint surrogate parents for students with disabilities who are
without parental representation in special education procedures as
required by state and federal law, including Section 1415(b)(2) of
Title 20 of the United States Code, Section 56050 of the Education
Code, Section 7579.5 of the Government Code, and Rule 5.650 of the
California Rules of Court.
If the court appoints a developmental services decisionmaker
pursuant to this section, he or she shall have the authority to
access the child's information and records pursuant to subdivision
(u) of Section 4514 and subdivision (y) of Section 5328, and to act
on the child's behalf for the purposes of the individual program plan
process pursuant to Sections 4646, 4646.5, and 4648 and the fair
hearing process pursuant to Chapter 7 (commencing with Section 4700)
of Division 4.5, and as set forth in the court order.
(d) 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.
SEC. 4. If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.
