Section 3078.8 - Community Participant Mother Program - Eligibility Criteria(a) To be eligible for the Community Participant Mother Program (CPMP) each incarcerated person shall volunteer and submit a CDCR Form 415 (Rev. 08/24), Community Participant Mother Program -- Application, which is incorporated by reference. Incarcerated persons shall be screened for eligibility utilizing a CDCR Form 415-K (Rev. 08/24) Community Participant Mother Program -- Application Screening Worksheet, which is incorporated by reference.(b) The incarcerated person shall be pregnant or have one or more children, age 6 years or younger at the time of application.(c) The incarcerated person shall have been the primary caregiver of their child(ren) prior to incarceration, which means a parent who has consistently assumed responsibility for the care, housing, and health of the child(ren). The incarcerated person shall not be excluded if, as primary caregiver, they arranged for temporary care for the child(ren) in the home of a relative or licensed foster home.(d) The incarcerated person shall have legal custody of their child(ren).(e) If the child(ren) is a dependent of the Juvenile Court, the incarcerated person shall receive permission from the Court for the child(ren)'s placement.(f) The incarcerated person shall not have the child(ren)'s placement challenged by the County Department of Child Services, the child's caretaker, or guardian.(g) The incarcerated person shall not have been declared to be an unfit parent by a court.Cal. Code Regs. Tit. 15, § 3078.8
Note: Authority cited: Sections 3414, 5058 and 6252, Penal Code. Reference: Sections 3416, 3417 and 5054, Penal Code.
1. New section filed 6-19-2024; operative 7/1/2024 pursuant to Government Code section 11343.4(b)(3) (Register 2024, No. 25).
2. Change without regulatory effect amending section filed 10-16-2024 pursuant to section 100, title 1, California Code of Regulations (Register 2024, No. 42).