1. (a) Pursuant to Section 4094.6 of the Welfare and Institutions Code, every child placed in a CTF has a right to a hearing by writ of habeas corpus, including court appointed counsel, within two (2) days of filing a petition with the superior court of the county in which the facility is located. The child may make this request directly or through an attorney or advocate.

2. (b) Any member of a CTF staff to whom a request for release is made shall promptly do the following:

   1. (1) Provide the child making the request with a form for a request for release or mark a copy of the form for the child. The form shall be substantially as follows:

      (Name of the Facility)______________________________day of ____________________19___

      I, ______________________________ (member of the CTF staff ) have today received a request for the release of ____________________ (name of child) from the undersigned child on his or her own behalf or from the undersigned person on behalf of the child.

      __________________________________________________

      Signature or mark of child making request for release.

      __________________________________________________

      Signature or mark of person making request for release on behalf of patient.

      __________________________________________________

      Signature or mark of staff person receiving request for release

   2. (2) Deliver the completed request form to the CTF administrator and note the request in the child's facility record;
   3. (3) As soon as possible, but not longer than the next working day, a member of the facility staff shall submit the request for release form to the superior court of the county in which the facility is located;
   4. (4) As soon as possible, but not longer than twenty-four (24) hours from the request for release, the member of the facility staff shall inform the individual who admitted the child of the request for release;
   5. (5) A copy of the child's request for release, along with notification documents to the superior court shall be maintained in the child's facility record;
   6. (6) The CTF administrator shall ensure that the child is informed as soon as possible of the date, time and location of the hearing.

Note: Authority cited: Section 4094, Welfare and Institutions Code. Reference: Sections 4094 et seq., Welfare and Institutions Code; and Section 1502, Health and Safety Code.

History

1. New section filed 6-24-98; operative 7-1-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 26).

2. Governor Newsom issued Executive Order N-55-20 (2019 CA EO 55-20), dated April 22, 2020, which suspended certain provisions related the operation of treatment and rehabilitation facilities that could restrict staffing flexibility, due to the COVID-19 pandemic.