AMENDED IN SENATE AUGUST 19, 2026

AMENDED IN SENATE JUNE 16, 2026

AMENDED IN ASSEMBLY MARCH 16, 2026

CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

96

Introduced by Assembly Member Elhawary

February 12, 2026

An act to amend Section 602.05 of the Welfare and Institutions Code, relating to juveniles.

Vote: majority   Appropriation: no   Fiscal committee: no   Local program: no

LEGISLATIVE COUNSEL’S DIGEST

Existing law subjects a minor between 12 and 17 years of age, inclusive, who violates any federal, state, or local law or ordinance, who persistently or habitually refuses to obey the reasonable and proper orders or directions of the minor’s parents, guardian, or custodian, or who is beyond the control of that person, who violates an ordinance establishing a curfew or is truant, and a minor under 12 years of age who is alleged to have committed specified serious offenses to the jurisdiction of the juvenile court, which may adjudge the minor to be a ward of the court. Existing law authorizes the court to make any reasonable orders for the care, supervision, custody, conduct, maintenance, and support of the ward, including ordering the ward to be on probation without the supervision of the probation officer or ordering the care, custody, and control of the ward to be under the supervision of the probation officer who may place the ward in specified out-of-home placements. Existing law limits to 12 months from the most recent disposition hearing the period of time a ward may remain on probation, except, among other things, the limit does not apply to a ward ordered under the supervision of the probation officer for placement in specified out-of-home placements and a ward who is transferred or discharged from a secure youth treatment facility.

This bill would remove the exclusion of wards that have been ordered to be under the supervision of the probation officer for placement in specified out-of-home placements from the 12-month limitation described above. The bill would authorize the court to extend a period of probation to comply with specified provisions, but would prohibit the court from imposing terms and conditions of probation or any other conditions of performance or compliance on the ward during this period of extended jurisdiction. The bill would specify that these provisions do not apply to a ward who has been committed to a secure youth treatment facility during the term of commitment.

The people of the State of California do enact as follows:

SECTION 1.

It is the intent of the Legislature that youth in out-of-home placements, disproportionately girls and youth of color, be entitled to protections under Section 602.05 of the Welfare and Institutions Code.

SEC. 2.

Section 602.05 of the Welfare and Institutions Code is amended to read:

602.05.

(a) A minor adjudged to be a ward of the court pursuant to Section 601 or 602 who is subject to an order of probation pursuant to Section 727, with or without supervision of the probation officer, shall not remain on probation for a period that exceeds 12 months from the most recent disposition hearing, except as specified in subdivision (b). Nothing in this section shall preclude the court from holding progress review hearings at any point prior to 12 months from the most recent disposition hearing.

(b) A court may extend the probation period after a noticed hearing and upon proof by a preponderance of the evidence that it is in the ward’s and the public’s best interest, consistent with Section 202.

(1) At the noticed hearing, the probation agency shall submit a report to the court detailing the basis for any request to extend probation.

(2) The court shall provide the ward and the prosecuting attorney with the opportunity to present relevant evidence. The court has discretion to receive evidence by testimony, declaration, and other documentary evidence.

(3) In cases in which the court finds by a preponderance of the evidence a basis for extending probation, the court shall state the reasons for the findings orally on the record. The court shall also set forth the reasons in an order entered upon the minutes if requested by either party or when the proceedings are not being recorded electronically or reported by a court reporter.

(4) If the court finds good cause to continue the noticed hearing, probation shall continue until completion of the noticed hearing, provided that continuance shall be for only as long as necessary.

(c) If the court extends probation at the noticed hearing, the court shall schedule and hold subsequent noticed hearings for the ward pursuant to subdivision (b) not less frequently than every six months for the remainder of the wardship period.

(d) This section does not preclude termination of a ward’s probation before the end of a 12-month period.

(e) Prior to terminating jurisdiction over a youth who is described by subdivision (a) of Section 607.2, the court shall comply with the provisions of Section 607.2. The requirement to comply with Section 607.2 shall not be a basis for extending the probation period pursuant to subdivision (b), except if the procedures described in Section 607.2 cannot be completed before the end of the period of probation. The court may maintain jurisdiction beyond the end of the probation period for the purpose of complying with Section 607.2, but shall not impose any terms and conditions of probation or any other conditions of performance or compliance on the ward during this period of extended jurisdiction.

(f) This section does not apply to a ward while serving a custodial commitment to a juvenile hall, juvenile home, ranch, camp, or forestry camp pursuant to Section 730.