Juveniles: detention

The law strengthens the preference for keeping justice-involved youth at home or in community-based programs when safely possible. Courts must document why removal, juvenile-hall detention, or physical confinement is necessary.

What the law does ​

• Bars juvenile-hall detention unless the court finds a less restrictive alternative unsuitable.
• Requires courts, upon request, to reconsider continued juvenile-hall detention using new or current information.
• Requires courts to consider services that could prevent a youth’s removal from home or support a return home.
• Bars physical confinement of a ward unless the court finds a less restrictive disposition unsuitable.
• Requires the court to state its reasons on the record when removing a youth from parental or guardian custody.
• Applies the less-restrictive-alternative finding to commitments to juvenile homes, ranches, camps, forestry camps, and secure youth treatment facilities.

Who it affects ​

• Youth arrested, detained, or adjudicated in California’s juvenile justice system.
• Parents and legal guardians of youth facing removal from home.
• Juvenile courts, county probation departments, and child welfare services departments.

Breakdown ​

Limits on Juvenile Hall Detention ​

The bill requires courts to use a less restrictive option when one is suitable instead of placing a minor in juvenile hall. A court may order juvenile hall detention only after finding that a less restrictive alternative is unsuitable. When requested, the court must reconsider whether continued juvenile hall detention is necessary using new or current information.

Key takeaways

• A court cannot order a minor detained in juvenile hall unless it finds that a less restrictive alternative is unsuitable.
• The bill adds a specific requirement before juvenile hall detention can be ordered, beyond the court's existing detention decision factors.
• Upon request, the court must reconsider whether continued detention in juvenile hall remains necessary.
• The reconsideration must be based on new or current information and follow the bill's less-restrictive-alternative requirement.

Limits on Youth Confinement ​

The bill allows a court to place a minor in physical confinement only after finding that a less restrictive option is not suitable. Before removing a minor from a parent or guardian, the court must consider whether reasonable efforts were made to avoid or end the removal and whether services could help the family safely support the minor’s return home.

Key takeaways

• A court may commit a minor to physical confinement only if it finds that a less restrictive placement is unsuitable.
• Before removing a minor from a parent or guardian, the court must consider whether reasonable efforts were made to prevent removal from the home.
• The court must also consider whether services could help the parent or legal guardian provide the care and control needed for the minor to return home.
• The change applies to decisions to remove a minor from a parent or guardian and to decisions involving physical confinement.