Chapter 4 - Office of Youth and Community Restoration
California Welfare and Institutions Code — §§ 2200-2202
Sections (6)
Amended by Stats. 2023, Ch. 528, Sec. 7. (AB 505) Effective January 1, 2024.
(a)If the office of the ombudsperson decides to investigate a complaint, or refer a complaint to another body for investigation, pursuant to paragraph (1) of subdivision (d) of Section 2200, the ombudsperson shall notify the complainant in writing of the intention to investigate or refer the complaint. If the ombudsperson declines to investigate a complaint or continue an investigation, the ombudsperson shall notify the complainant in writing of the reason.
(b)The ombudsperson shall update the complainant on the progress of the investigation and the attempts to resolve the complaint, and notify the complainant in writing of the final outcome. If appropriate, the office may also
share the outcome of any investigation performed by the office with the youth’s counsel.
(c)Except when there is a safety concern, the ombudsperson shall also notify the head of the agency against which a complaint was filed when it refers the matter for an investigation.
(d)The ombudsperson may resolve complaints, when possible, collaborating with facility administrators and staff to develop resolutions that may include training.
(e)The ombudsperson may recommend changes to improve services or to correct systemic issues.
(f)(1) Information obtained by the office related to a complaint, regardless of whether it is investigated by the
office, referred to another entity for investigation, or determined not to be the proper subject of an investigation, shall remain confidential under relevant state and federal confidentiality laws. Disclosure of information that is not confidential under state and federal confidentiality laws shall occur only as necessary to carry out the mission of the office, including as necessary to provide explanation and support for the office’s recommendations for improving the youth and community restoration system to the Legislature and state and local agencies that provide services and supports to youth placed in delinquency settings.
(2)The ombudsperson shall maintain confidentiality with respect to the identities of the complainants or witnesses coming before them, except insofar as disclosure may be necessary to enable the
ombudsperson to carry out the duties of the office set forth in subdivisions (a) to (c), inclusive. The ombudsperson may not disclose a record that is confidential under relevant state and federal confidentiality laws.
(3)The ombudsperson shall advise all complainants that retaliation is not permitted and constitutes the basis for filing a subsequent complaint.
(g)In order to encourage candor during the ombudsperson’s investigation of complaints made by, or on behalf of, detained youths and to facilitate the ombudsperson’s ability to resolve complaints, both of the following shall apply:
(1)The ombudsperson and their staff shall not be compelled to testify or be deposed in a judicial or administrative
proceeding regarding matters coming to their attention in the exercise of their official duties, except as necessary to enforce or implement this chapter.
(2)The records of the ombudsperson and their staff, including notes, drafts, and records obtained from an individual or agency during the intake, review, or investigation of a complaint, and any reports not released to the public shall not be subject to disclosure or production in response to a subpoena or discovery in a judicial or administrative proceeding, except as necessary to enforce or implement the provisions of this chapter.
Amended by Stats. 2024, Ch. 385, Sec. 3. (AB 2176) Effective January 1, 2025.
(a)The ombudsperson shall publish and provide regular reports to the Legislature about all data collected over the course of the year, including, but not limited to, contacts to the office, reports on chronic absenteeism, complaints received, including the type and source of those complaints, investigations performed by the ombudsperson, the time to investigate and resolve complaints, the number and types of complaints referred to other agencies, the trends and issues that arose in the course of investigating complaints, pending complaints, and subsequent findings and actions taken, and a summary of the data received by the ombudsperson. Data shall be disaggregated by gender, sexual orientation, race, and ethnicity of the complainants to the extent this information is available.
(b)The ombudsperson shall include recommendations consistent with this data for improving the juvenile justice system.
(c)The compiled data and recommendations shall be posted so that it is available to the public on the office’s existing internet website.
(d)The report shall comply with all confidentiality laws.
(e)Nothing shall preclude the ombudsperson from issuing data, findings, or reports other than the annual compilation of data described in this section or Section 2200.
Added by Stats. 2022, Ch. 50, Sec. 31. (SB 187) Effective June 30, 2022.
(a)The office shall hire the necessary personnel to perform the functions of the ombudsperson. In hiring decisions, priority shall be given to people who were formerly detained or committed to a juvenile justice facility.
(b)When exercising the investigative, complaint resolution, and technical assistance functions of the ombudsperson of the Office of Youth and Community Restoration, the ombudsperson and their staff shall have all immunities under Article 2 (commencing with Section 815) of Chapter 1 of Part 2 of Division 3.6 of Title 1 of the Government Code afforded to the discharge of discretionary duties by public entities and their employees.
(c)If the ombudsperson
believes, based on information received during the exercise of their official duties, that there is a breach of duty or misconduct by an employee of a state or local agency or their contractors in the conduct of the employees’ official duties, the ombudsperson shall refer the matter to the agency director or other responsible officer, and, if the conduct would constitute a crime, to an appropriate law enforcement body or agency.
Added by Stats. 2020, Ch. 337, Sec. 50. (SB 823) Effective September 30, 2020.
(a)Until July 1, 2023, the committee established pursuant to Section 12824 of the Government Code shall be responsible for advising and providing recommendations related to policies, programs, and approaches that improve youth outcomes, reduce youth detention, and reduce recidivism for the population in subdivision (b) of Section 1990.
(b)The committee established pursuant to Section 12824 of the Government Code shall work directly with the Office of Youth and Community Restoration, the Division of Juvenile Justice, and shall be staffed by the California Health and Human Services Agency.
Added by Stats. 2024, Ch. 50, Sec. 17. (AB 169) Effective July 2, 2024.
(a)Commencing July 1, 2024, the Office of Youth and Community Restoration shall act as the designated state agency pursuant to the federal Juvenile Justice Reform Act of 2018 (34 U.S.C. Sec. 11101 et seq.) and subsequent reauthorizations.
(b)The office shall do all of the following:
(1)Carry out all grant administration functions, such as the annual review and approval, or review, revision, and approval, of the comprehensive state plan for the improvement of juvenile justice and delinquency prevention activities throughout the state.
(2)Establish priorities for the use of funds as are available pursuant to the
federal Juvenile Justice Reform Act of 2018 (34 U.S.C. Sec. 11101 et seq.) and subsequent reauthorizations.
(3)Approve the expenditure of all funds, provided that the approval of those expenditures may be granted to single projects or to groups of projects.
(c)In accordance with the federal Juvenile Justice Reform Act of 2018 (34 U.S.C. Sec. 11101 et seq.) and subsequent reauthorizations, the office shall inspect and collect relevant data from any secure facility that may be used for the secure detention of juveniles.