Available to Lawyers Defending Children: PJDC’s Post-Disposition Petitions/Writ of Habeas Corpus for Release of Children in Congregate Facilities Due to the COVID-19 Pandemic
Health experts warn that congregate settings place all people at substantial risk of illness and death, and declare that reducing the number of people housed in detention facilities immediately is critically necessary for the health and safety of those facilities and our communities. Children confined in juvenile halls and camps in California are also at great risk and must be released. To assist advocates in seeking their clients’ release from congregate settings, the Pacific Juvenile Defender Center has developed the follow post-disposition template petitions (with exhibits):
POST-DISPOSITION TEMPLATE PETITIONS
=> For any out of home, congregate setting (juvenile hall, camp, etc.): “UPDATED PETITION FOR MODIFICATION OF DISPOSITION DUE TO COVID-19 PANDEMIC (WELF. & INST. CODE, §§ 775, 778)”
=> For the Division of Juvenile Facilities: “UPDATED PETITION TO VACATE DJF DISPOSITION DUE TO COVID-19 PANDEMIC TEMPLATE (WELF. & INST. CODE, §779).”
=> Exhibits for both petitions: “EXHIBIT 1” / “EXHIBIT 2” / “EXHIBIT 3”
WRIT OF HABEAS CORPUS:
=> When a 778 or 779 petition is unavailing: “PETITION FOR WRIT OF HABEAS OF CORPUS”
=> Exhibits for writ of habeas corpus: “EXHIBIT 1” / “EXHIBIT 2”