BILL NUMBER: AB 735	AMENDED
	BILL TEXT

	AMENDED IN SENATE  JUNE 20, 2011
	AMENDED IN ASSEMBLY  APRIL 11, 2011

INTRODUCED BY   Assembly Member Mitchell
    (   Coauthor:   Senator   Wolk
  ) 

                        FEBRUARY 17, 2011

   An act to add Chapter 5 (commencing with Section 18220) to Part 1
of Division 5 of Title 2 of the Government Code, and to amend Section
391 of the Welfare and Institutions Code, relating to interns and
student assistants.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 735, as amended, Mitchell. Interns and student assistants:
hiring preference.
   Existing law authorizes various state agencies to employ such
assistance as may be necessary for the proper discharge of their
duties.
   Existing law prohibits the juvenile court, in certain cases, from
terminating jurisdiction over a dependent child until the county
welfare department submits a report verifying that certain
information has been provided to the minor,  such as
  including  his or her social security card and
birth certificate.
   This bill would require state agencies, when hiring for
internships and student assistant positions, to give preference 
, as defined,  to persons who are, or have recently been,
dependent children in foster care. The bill would also require the
county welfare department to provide dependent children with
information notifying them that they may be eligible for this
preference, as specified. By imposing this additional duty on county
welfare departments, this bill would impose a state-mandated local
program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

  SECTION 1.  Chapter 5 (commencing with Section 18220) is added to
Part 1 of Division 5 of Title 2 of the Government Code, to read:
      CHAPTER 5.  INTERNS AND STUDENT ASSISTANTS


   18220.   (a)    State agencies, when hiring for
internships and student assistant positions, shall give preference to
qualified applicants who are, or have recently been, dependent
children in foster care. 
   (b) For the purpose of this section, "preference" means priority
over similarly qualified applicants for placement in the position.

  SEC. 2.  Section 391 of the Welfare and Institutions Code, as added
by Section 28 of Chapter 559 of the Statutes of 2010, is amended to
read:
   391.  (a) The court shall not terminate jurisdiction over a
dependent youth who has reached 18 years of age unless a hearing is
conducted pursuant to this section.
   (b) At any hearing for a dependent youth who has attained 18 years
of age at which the court is considering termination of the
jurisdiction of the juvenile court and the accompanying foster care
services as described in Section 11403, the county welfare department
shall do all of the following:
   (1) Ensure that the dependent is present in court, unless the
dependent does not wish to appear in court, or document efforts by
the county welfare department to locate the child when the child is
not available.
   (2) Submit a report describing whether it is in the youth's best
interests to remain under the court's dependency jurisdiction, which
includes a recommended transitional independent living case plan for
any youth who is continuing dependency as a nonminor.
   (3) If the dependent has indicated that he or she does not want
dependency jurisdiction to continue, the report shall address the
advisability of a court-ordered trial discharge from foster care.
   (c) The court shall continue dependency jurisdiction for a
nonminor dependent, as defined in subdivision (v) of Section 11400,
who is eligible pursuant to Section 11403 unless the court finds that
after reasonable and documented efforts the nonminor cannot be
located or does not wish to remain subject to dependency
jurisdiction. In making this finding, the court shall ensure that the
nonminor has been informed of his or her options including the right
to file a petition pursuant to Section 388 to resume dependency
jurisdiction, and had an opportunity to confer with his or her
counsel if counsel has been appointed pursuant to Section 317. The
court shall terminate dependency jurisdiction for a nonminor
dependent if it finds that the nonminor dependent is not eligible
pursuant to subdivision (b) of Section 11403.
   (d) If the court terminates dependency jurisdiction, the nonminor
shall remain within the jurisdiction of the court until the nonminor
attains 21 years of age, although no review proceedings shall be
required. As authorized in paragraph (e) of Section 1356.21 of Title
45 of the Code of Federal Regulations, the court shall authorize a
trial period of departure from foster care as defined in subdivision
(y) of Section 11400. In order to ensure eligibility for federal
financial participation, the court shall set the end date of the
trial period of departure from foster care to be the day prior to the
day the nonminor attains 21 years of age, unless to do so is not in
the nonminor's best interests. A nonminor may petition the court
pursuant to subdivision (e) of Section 388 to resume dependency
jurisdiction at any time before attaining 21 years of age.
   (e) Unless the nonminor does not wish to remain under the
dependency or delinquency jurisdiction of the court, or, after
reasonable efforts by the county welfare department the nonminor
cannot be located, the court shall not terminate dependency or
delinquency jurisdiction over a nonminor dependent who has reached 18
years of age until a hearing is conducted pursuant to this section
and the department has submitted a report verifying that the
following information, documents, and services have been provided to
the child:
   (1) Written information concerning the child's dependency case,
including any known information regarding the child's Indian heritage
or tribal connections, if applicable, his or her family history and
placement history, any photographs of the child or his or her family
in the possession of the county welfare department, other than
forensic photographs, the whereabouts of any siblings under the
jurisdiction of the juvenile court, unless the court determines that
sibling contact would jeopardize the safety or welfare of the
sibling, directions on how to access the documents the child is
entitled to inspect under Section 827, and the date on which the
jurisdiction of the juvenile court would be terminated.
   (2) The following documents:
   (A) Social security card.
   (B) Certified copy of his or her birth certificate.
   (C) Health and education summary, as described in subdivision (a)
of Section 16010.
   (D) Driver's license, as described in Section 12500 of the Vehicle
Code, or identification card, as described in Section 13000 of the
Vehicle Code.
   (E) A letter prepared by the county welfare department that
includes the following information:
   (i) The child's name and date of birth.
   (ii) The dates during which the child was within the jurisdiction
of the juvenile court.
   (iii) A statement that the child was a foster youth in compliance
with state and federal financial aid documentation requirements.
   (F) If applicable, the death certificate of the parent or parents.

   (G) If applicable, proof of the child's citizenship or legal
residence.
   (3) Assistance in completing an application for Medi-Cal or
assistance in obtaining other health insurance.
   (4) Referrals to transitional housing, if available, or assistance
in securing other housing.
   (5) Assistance in obtaining employment or other financial support.

   (6) Assistance in applying for admission to college or to a
vocational training program or other educational institution and in
obtaining financial aid, where appropriate.
   (7) Assistance in maintaining relationships with individuals who
are important to a child who has been in out-of-home placement for
six months or longer from the date the child entered foster care,
based on the child's best interests.
   (8) For nonminors between 18 and 21 years of age, assistance in
accessing the Independent Living Aftercare Program in the nonminor's
county of residence.
   (9) Written information notifying the child that current or former
dependent children who are or have recently been in foster care are
granted a preference for student assistant or internship positions
with state agencies pursuant to Section 18220 of the Government Code.

   (f) At the hearing closest to and before a dependent child's 18th
birthday and every review hearing thereafter, the department shall
submit a report describing efforts toward completing the items
described in paragraph (2) of subdivision (e).
   (g) The Judicial Council shall develop and implement standards,
and develop and adopt appropriate forms necessary to implement this
provision.
   (h) This section shall become operative on January 1, 2012.
  SEC. 3.  If the Commission on State Mandates determines that this
act contains costs mandated by the state, reimbursement to local
agencies and school districts for those costs shall be made pursuant
to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of
the Government Code.