(a) (1) At least one individual who is a parent, guardian, or designated emergency contact of a person in the custody of the Division of Juvenile Facilities, if the individual can reasonably be located, shall be successfully notified within 24 hours by the public officer responsible for the well-being of that person, of any suicide attempt by the person, or any serious injury or serious offense committed against the person. In consultation with division staff, as appropriate, and with concurrence of the public officer responsible for the well-being of that person, the person may designate other persons who should be notified in addition to, or in lieu of, parents or guardians, of any suicide attempt by the person, or any serious injury or serious offense committed against the person.
(2) This section shall not apply if either of the following conditions is met:
(A) A minor requests that his or her parents, guardians, or other persons not be notified, and the director of the division facility, as appropriate, determines it would be in the best interest of the minor not to notify the parents, guardians, or other persons.
(B) A person 18 years of age or older does not consent to the notification.
(b) Upon intake of a person into a division facility, and again upon attaining 18 years of age while in the custody of the division, an appropriate staff person shall explain, using language clearly understandable to the person, all of the provisions of this section, including that the person has the right to (1) request that the information described in paragraph (1) of subdivision (a) not be provided to a parent or guardian, and (2) request that another person or persons in addition to, or in lieu of, a parent or guardian be notified. The division shall provide the person with forms and any information necessary to provide informed consent as to who shall be notified. Any designation made pursuant to paragraph (1) of subdivision (a), the consent to notify parents, guardians, or other persons, and the withholding of that consent, may be amended or revoked by the person, and shall be transferable among facilities.
(c) Staff of the division shall enter the following information into the ward’s record, as appropriate, upon its occurrence:
(1) A minor’s request that his or her parents, guardians, or other persons not be notified of an emergency pursuant to this section, and the determination of the relevant public officer on that request.
(2) The designation of persons who are emergency contacts, in lieu of parents or guardians, who may be notified pursuant to this section.
(3) The revocation or amendment of a designation or consent made pursuant to this section.
(4) A person’s consent, or withholding thereof, to notify parents, guardians, or other persons pursuant to this section.
(d) For purposes of this section, the following terms have the following meanings:
(1) “Serious offense” means any offense that is chargeable as a felony and that involves violence against another person.
(2) “Serious injury” means any illness or injury that requires hospitalization, requires an evaluation for involuntary treatment for a mental health disorder or grave disability under the Lanterman-Petris-Short Act (Part 1 (commencing with Section 5000) of Division 5), is potentially life threatening, or that potentially will permanently impair the use of a major body organ, appendage, or limb.
(3) “Suicide attempt” means a self-inflicted destructive act committed with explicit or inferred intent to die.
(Amended by Stats. 2009, Ch. 140, Sec. 185. (AB 1164) Effective January 1, 2010.)
Last modified: October 25, 2018