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CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION

94

Introduced by Senator Archuleta

February 18, 2026

An act to add Section 877 to the Welfare and Institutions Code, relating to juveniles.

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

LEGISLATIVE COUNSEL’S DIGEST

Existing law authorizes a court to order a ward who is 14 years of age or older, and who meets certain criteria, to be committed to a secure youth treatment facility, operated by the county of commitment, for a period of confinement. Existing law authorizes the court, upon a motion from the probation department or the ward, to order that the ward be transferred from a secure youth treatment facility to a less restrictive program, such as a halfway house, a camp or ranch, or a community residential or nonresidential service program if the court determines that the ward has made substantial progress toward the goals of the individual rehabilitation plan. Existing law requires the court to consider the recommendations of the probation department on the proposed change in the placement.

This bill would generally require the court, when determining whether to place a ward in a particular less restrictive program that includes congregate residential care, to consider certain information, including, among other things, whether the program has specified insurance policies, and to state on the record the reason for placing a ward in a particular less restrictive program that includes congregate residential care. The bill would require program providers to provide that information to the probation department for the purpose of providing it to the court. By imposing additional duties on probation departments, 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 the statutory provisions noted above.

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

SECTION 1.

Section 877 is added to the Welfare and Institutions Code, to read:

877.

(a) Unless this section does not apply pursuant to subdivision (b), when determining whether to place a ward in a particular less restrictive program pursuant to subdivision (f) of Section 875, if the program is one in which the ward resides in congregate residential care, the court shall consider all of the following information, which shall be submitted by program providers to the probation department for purposes of providing this information to the court:

(1) Whether the program has current general liability insurance, professional liability insurance, and workers’ compensation insurance policies that satisfy any legal requirement to have insurance that is applicable to the program.

(2) Whether the program has conducted criminal background checks on staff who have direct contact with wards or as otherwise required by law.

(3) Whether the program has a plan for adhering to wards’ case plans and applicable accountability measures.

(4) Whether the program has proof of notice submitted to the city and county in which it operates.

(5) Whether the program has a rate structure.

(b) This section does not apply to either of the following less restrictive programs:

(1) A program operated by a juvenile facility subject to oversight and regulation by the Board of State and Community Corrections pursuant to Title 15 of the California Code of Regulations.

(2) A program in the home of the ward’s parent or a supportive relative recognized by the county probation department and agreed to by the court.

(c) After considering the information described in subdivision (a), the court shall state on the record the reason for placing a ward in a particular less restrictive program that is a program in which the ward resides in congregate residential care.

SEC. 2.

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.