California Code of Regulations › Title 9 - Rehabilitative and Developmental Services › Division 6 - Division of Juvenile Justice › Chapter 11 - Commitment to the Division of Juvenile Justice › Article 3 - Juvenile Court Commitment › Section 31322 - Acceptance and Rejection Criteria for Youth with Medical or Mental Health Conditions

Current through Register 2024 Notice Reg. No. 28, July 12, 2024
(a) The
				  Division of Juvenile Justice (DJJ) shall accept or reject a youth committed to it
				  based on whether the youth can be materially benefited by the DJJ's rehabilitation
				  model and educational programs, and if the DJJ has adequate facilities and staff to
				  provide such care.
DJJ is responsible for performing an individualized review of
					 all youth committed by the courts for determination of whether the youth will
					 materially benefit from DJJ's rehabilitative and educational programs and whether
					 adequate facilities, staff and programs exist to provide for the youth. As part of
					 that determination, DJJ staff shall review the youth's records for medical and
					 mental health conditions that interfere with the youth's ability to materially
					 benefit from DJJ's programs or for which DJJ does not have adequate facilities,
					 staff or programs to provide care-- and for which DJJ cannot otherwise reasonably
					 accommodate through modified programming or facilities.
(b) DJJ does not accept youth who are seriously
				  ill or have health impairments whose commitment would involve serious risk of
				  permanent disability or long-term detriment to health status, or whose medical
				  conditions are so extreme as to interfere with the youth's ability to materially
				  benefit from DJJ's programs (including regular attendance at school and
				  rehabilitative programs) or for which DJJ does not have adequate facilities, staff
				  or programs to provide care--and for which DJJ cannot otherwise reasonably
				  accommodate through modified programming or facilities.
(c) DJJ does not accept youth with mental health
				  conditions and associated limitations that are sufficiently severe to interfere with
				  the youth's ability to materially benefit from DJJ's programs (including regular
				  attendance at school and rehabilitative programs) or for which DJJ does not have
				  adequate facilities, staff or programs to provide care--and for which DJJ cannot
				  otherwise reasonably accommodate through modified programming or facilities.
No medical or mental health condition is an absolute barrier to
					 a youth's acceptance to DJJ. Each youth is evaluated on an individual basis.
					 Therefore, in cases where there are concerns related to the commitment and
					 acceptance of the youth, DJJ will notify the county that the county may request that
					 an Inter-disciplinary Team Review be held to discuss placement options for the
					 youth.
The Inter-disciplinary Team will consist of a County Probation
					 Representative, a relevant DJJ Health Care Representative, a DJJ Intake and Court
					 Services Representative, and a representative from the DJJ Disabilities Program.
					 Other agencies such as the Department of Mental Health, Developmental Services or
					 other interested agencies may also be involved.
The Inter-disciplinary Team's recommendations will be forwarded
					 to the Director of Division of Juvenile Facilities (DJF). The Director of the DJF
					 shall review the Inter-disciplinary Team's recommendations and provide input prior
					 to referring case to the Chief Deputy Secretary of DJJ. The Chief Deputy Secretary
					 or designee will make the final decision regarding acceptance or rejection of
					 commitment.
1. Change without
					 regulatory effect renumbering title 15, section
					 4171.5 to title 9, section
					 31322 filed 2-13-2020 pursuant to
					 section 100, title 1, California Code of
					 Regulations (Register 2020, No. 7).
Note: Authority cited: Section
						1712,
						Welfare and Institutions Code. Reference: Sections
						733,
						734,
						735
						and
						1741,
						Welfare and Institutions Code.