BILL NUMBER: AB 735 CHAPTERED
BILL TEXT
CHAPTER 464
FILED WITH SECRETARY OF STATE OCTOBER 4, 2011
APPROVED BY GOVERNOR OCTOBER 4, 2011
PASSED THE SENATE AUGUST 30, 2011
PASSED THE ASSEMBLY SEPTEMBER 2, 2011
AMENDED IN SENATE AUGUST 25, 2011
AMENDED IN SENATE AUGUST 15, 2011
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, 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, 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 been, dependent children in
foster care. The bill would require the preference to be granted to
applicants up to 26 years of age. 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.
This bill would incorporate additional changes in Section 391 of
the Welfare and Institutions Code made by AB 212, to become operative
if AB 212 and this bill become effective on or before January 1,
2012, and this bill is enacted last.
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.
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 been, dependent children in foster care.
The preference shall be granted to applicants up to 26 years of age.
(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 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. The
preference shall be granted to applicants up to 26 years of age.
(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. 2.5. 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 dependency court shall not terminate jurisdiction
over a nonminor unless a hearing is conducted pursuant to this
section.
(b) At any hearing for a nonminor at which the court is
considering termination of the jurisdiction of the juvenile court,
the county welfare department shall do all of the following:
(1) Ensure that the dependent nonminor is present in court, unless
the nonminor does not wish to appear in court, and elects a
telephonic appearance, or document reasonable efforts made by the
county welfare department to locate the nonminor when the nonminor is
not available.
(2) Submit a report describing whether it is in the nonminor's
best interests to remain under the court's dependency jurisdiction,
which includes a recommended transitional independent living case
plan for the nonminor when the report describes continuing dependency
jurisdiction as being in the minor's best interest.
(3) If the county welfare department recommends termination of the
court's dependency jurisdiction, submit documentation of the
reasonable efforts made by the department to provide the nonminor
with the assistance needed to meet or maintain eligibility as a
nonminor dependent, as defined in paragraphs (1) to (5), inclusive,
of subdivision (b) of Section 11403.
(4) If the nonminor has indicated that he or she does not want
dependency jurisdiction to continue, the report shall address the
manner in which the nonminor was advised of his or her options,
including the benefits of remaining in foster care, and of his or her
right to reenter foster care and to file a petition pursuant to
subdivision (e) of Section 388 to resume dependency jurisdiction
prior to attaining 21 years of age.
(c) (1) The court shall continue dependency jurisdiction over a
nonminor who meets the definition of a nonminor dependent as
described in subdivision (v) of Section 11400 unless the court finds
either of the following:
(A) That the nonminor does not wish to remain subject to
dependency jurisdiction.
(B) That the nonminor is not participating in a reasonable and
appropriate transitional independent living case plan.
(2) In making the findings pursuant to paragraph (1), the court
must also find that the nonminor has been informed of his or her
options including the benefits of remaining in foster care and the
right to reenter foster care by filing a petition pursuant to
subdivision (e) of Section 388 to resume dependency jurisdiction and
by completing a voluntary reentry agreement pursuant to subdivision
(z) of Section 11400, and has had an opportunity to confer with his
or her counsel if counsel has been appointed pursuant to Section 317.
(d) (1) The court may terminate its jurisdiction over a nonminor
if the court finds after reasonable and documented efforts the
nonminor cannot be located.
(2) When terminating dependency jurisdiction the court shall
maintain general jurisdiction over the nonminor to allow for the
filing of a petition to resume dependency jurisdiction under
subdivision (e) of Section 388 until the nonminor attains 21 years of
age, although no review proceedings shall be required. 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) The court shall not terminate dependency jurisdiction over a
nonminor dependent who has attained 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 nonminor, or in the
case of a nonminor who, after reasonable efforts by the county
welfare department, cannot be located, verifying the efforts made to
make the following available to the nonminor:
(1) Written information concerning the nonminor's dependency case,
including any known information regarding the nonminor's Indian
heritage or tribal connections, if applicable, his or her family
history and placement history, any photographs of the nonminor 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
nonminor 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 nonminor's name and date of birth.
(ii) The dates during which the nonminor was within the
jurisdiction of the juvenile court.
(iii) A statement that the nonminor 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 nonminor's citizenship or legal
residence.
(H) An advanced health care directive form.
(I) The Judicial Council form that the nonminor would use to file
a petition pursuant to subdivision (e) of Section 388 to resume
dependency jurisdiction.
(J) The written 90-day transition plan prepared pursuant to
Section 16501.1.
(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 nonminor who has been in out-of-home placement for
six months or longer from the date the nonminor entered foster care,
based on the nonminor'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, and, upon the nonminor's request, assistance in
completing a voluntary reentry agreement for care and placement
pursuant to subdivision (z) of Section 11400 and in filing a petition
pursuant to subdivision (e) of Section 388 to resume dependency
jurisdiction.
(9) Written information notifying the child that current or former
dependent children who are or have 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. The
preference shall be granted to applicants up to 26 years of age.
(f) At the hearing closest to and before a dependent minor's 18th
birthday and every review hearing thereafter for nonminors, 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. Section 2.5 of this bill incorporates amendments to
Section 391 of the Welfare and Institutions Code proposed by this
bill and Assembly Bill 212. It shall only become operative if (1)
both bills are enacted and become effective on or before January 1,
2012, (2) each bill amends Section 391 of the Welfare and
Institutions Code, and (3) this bill is enacted after Assembly Bill
212, in which case Section 391 of the Welfare and Institutions Code,
as amended by Assembly Bill 212, shall remain operative only until
the operative date of this bill, at which time Section 2.5 of this
bill shall become operative, and Section 2 of this bill shall not
become operative.
SEC. 4. 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.