Cal. Code Regs. tit. 9 § 31322

Current through Register 2025 Notice Reg. No. 1, January 3, 2025

Section 31322 - Acceptance and Rejection Criteria for Youth with Medical or Mental Health Conditions

(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.

Cal. Code Regs. Tit. 9, § 31322

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.