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Dual Status Children: Protocols to Implement AB 129
Introduction
As of January 1, 2005, counties may choose to develop a local dual-jurisdiction protocol to designate certain children as having dual status. AB 129, sponsored by the Judicial Council, is intended to improve the handling of cases in which delinquency and dependency intersect and to help increase access to appropriate resources and services for children in a holistic and timely manner. California counties are now able to enhance and build on protocols they have already developed under Welfare and Institutions Code section 241.1.
About the Legislation and Its Implementation
Each county's probation department and child welfare department, in consultation with the presiding judge of its juvenile court, may develop a written protocol permitting a child who meets specified criteria to be designated as both a dependent child and a ward of the juvenile court. The legislation requires the Judicial Council to prepare an evaluation of the implementation of these protocols two years from the time the first case is deemed dual status (the first protocol to be finalized occurred on October 5, 2005). All counties that implement a protocol will be required to collect basic descriptive data about their cases.
Counties With Protocols
Click here to see the latest list of counties and their finalized protocols.
Click here to see a chart comparing these counties' protocols.
The Center for Families, Children & the Courts (CFCC), a division of the Administrative Office of the Courts, has provided several opportunities for training and networking, including the Transfer of Knowledge Symposium: Protocols in Juvenile Court for Dual-Status Children and workshops held at both the 2004 and the 2005 Beyond the Bench conferences. CFCC staff have developed various informational materials for these events, including the legislation itself, available research on the links between child maltreatment and delinquency, statistical information on juvenile delinquency and dependency in the state from the California Juvenile Statistical Abstract, articles provided by both the Child Welfare League of America and the Children's Law Center of Los Angeles, and other publications related to dual-jurisdiction issues in California and nationwide. See "Supporting Publications" and "Dual-Status Children Links" below for materials and more information. Judicial Council staff members also provide technical assistance to local courts for issues related to AB 129 dual-jurisdiction protocols.
Supporting Publications
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Dual-Status Children: Protocols for Implementing Assembly Bill 129 – A Report to the California Legislature: Assembly Bill 129 (2004) allowed counties to develop a local protocol to designate certain children as having dual status, i.e., being both a dependent child and a ward of the juvenile court. AB 129 required the Judicial Council to evaluate the implementation of these protocols and to report its findings to the Legislature within two years of the date that participating counties first deem a child to be a dual-status child. The report addresses the following questions:
- How many counties adopted a dual-status protocol? Why did some counties elect to adopt a protocol, while some did not?
- What are the key features of dual-status protocols?
- What did the process of developing a dual-status protocol entail?
- Which aspects of developing and implementing a protocol were successful, and which were more challenging? What facilitated the successes, and what would help overcome the challenges?
- What would help the county teams optimize the implementation of their dual-status protocols moving forward?
- Assembly
Bill 129 Legislation
- Welfare
& Institutions Code §241.1
- Intersection Between Juvenile Dependency and Delinquency: Available Research
- Implementation
of Assembly Bill 129, Dual Status Children All
County Information Notice No. I-05-06, California Department of
Social Services
- CDs are available
with all conference materials from the Transfer of Knowledge Symposium.
To order a copy, please contact CFCC at the e-mail address below.
Dual-Status Children Links
Child Welfare League of America
Children's Law Center of Los Angeles
American Bar Association Policy and Report on Crossover and Dual Jurisdiction Youth (February 2008)
National Child Welfare Resource Center on Legal and Judicial Issues
Contact Information
If your court or county has questions about the legislation, its implementation,
or any other related issues, please
contact CFCC@jud.ca.gov
for more information.