Section 1926 - Habeas Corpus Hearings(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.(b) Any member of a CTF staff to whom a request for release is made shall promptly do the following: (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.
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Signature or mark of child making request for release.
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Signature or mark of person making request for release on behalf of patient.
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Signature or mark of staff person receiving request for release
(2) Deliver the completed request form to the CTF administrator and note the request in the child's facility record;(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) 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) 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) The CTF administrator shall ensure that the child is informed as soon as possible of the date, time and location of the hearing.Cal. Code Regs. Tit. 9, § 1926
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. 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.
1. New section filed 6-24-98; operative 7-1-98 pursuant to Government Code section 11343.4(d) (Register 98, No. 26).