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 (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”

Please contact any of us if you need any help or have any questions:
Richard Braucher
rbraucher@fdap.org
.
Jonathan Grossman
jonathan@sdap.org
.
Marketa Sims
MSims@lacba.org
.
Sue Burrell
1sueburrell@gmail.com
.
Ji Seon Song
jssong@law.stanford.edu
.
Eileen Manning-Villar
emv_law@sbcglobal.net
.
One last thing, please let us know the outcome of these legal vehicles. (Note, if the section 778/779 petitions are denied, they are appealable orders; but filing a writ of habeas corpus may be the better approach, since an appeal will take many months.) We will be updating everything, as needed.