8.17 Reproductive Services and Pregnant Youth Pursuant to Section 1416 and 1417

Chapter 8
Section 8.17
Subject A. Pursuant to Section 220 of the Welfare and Institutions Code, no condition or restriction shall be imposed that prohibits a female youth detained in the Juvenile Hall from obtaining an abortion.
Effective Date 4/30/2024 12:00 AM
  1. Pursuant to Section 220 of the Welfare and Institutions Code, no condition or restriction shall be imposed that prohibits a female youth detained in the Juvenile Hall from obtaining an abortion.
    1. Female youth found to be pregnant while detained in the Juvenile Hall and desiring an abortion shall be permitted to obtain an abortion.
  2. Pursuant to Section 221 of the Welfare and Institutions Code, any female youth detained shall be allowed the following:
    1. Continued use of materials necessary for personal hygiene of her menstrual cycle and reproductive system; 
    2. Birth control measures as prescribed by her physician;
    3. Upon her request be furnished with information and education regarding prescription birth control measures; and
    4. Access to family planning services at least sixty (60) days prior to her schedule release date including the services of a licensed physician or services necessary to meet her family planning needs at the time of her release
  3.  Pursuant to Section 222 of the Welfare and Institutions Code, any female detained at the Juvenile Hall shall have the right to summon and receive the services of any physician or surgeon of her choice to determine whether she is pregnant.
    1. If a female youth is found to be pregnant, she is entitled to a determination of the extent of the medical services needed by her and to the receipt of those services from the physician and surgeon of her choice. 
    2. Any expenses occurring as the result of the services of a physician and surgeon whose services are not provided by the facility shall be the responsibility of the female.
    3. A female youth shall not be shackled by the wrists, ankles, or both during labor, including during transport to a hospital, during delivery and while recovering after giving birth.
    4. Pregnant youth temporarily taken to a hospital outside the facility for the purposes of childbirth shall be transported in the least restrictive manner possible consistent with the legitimate security needs of each youth.
    5. Once a physician declares a pregnant female to be in active labor, the youth shall not be shackled by the wrists, ankles or both, unless deemed necessary for the safety and security of the ward, staff or public by the Facility Manager or their designee.
    6. The rights provided by this section shall be posted in at least one clearly visible area to which all female youth have access.