BILL NUMBER: AB 2573 INTRODUCED
BILL TEXT
INTRODUCED BY Assembly Member Stone
FEBRUARY 21, 2014
An act to amend Section 450 of the Welfare and Institutions Code,
relating to juveniles.
LEGISLATIVE COUNSEL'S DIGEST
AB 2573, as introduced, Stone. Foster care: transition
jurisdiction.
Existing law establishes transition jurisdiction for the juvenile
court, and generally provides that minors who are wards in foster
care placement, and certain nonminors who are eligible for aid, and
who satisfy other specified criteria, including that their
rehabilitative goals have been met and juvenile court jurisdiction
over them as a ward is no longer required, are within the transition
jurisdiction of the juvenile court.
This bill would delete that criterion that the juvenile's
rehabilitative goals have been met, and instead provide that a minor
or nonminor over whom the juvenile court has determined jurisdiction
as a ward is no longer required, and who satisfies those other
specified criteria, is within the transition jurisdiction of the
juvenile court.
Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 450 of the Welfare and Institutions Code is
amended to read:
450. (a) A minor or nonminor who satisfies all of the following
criteria is within the transition jurisdiction of the juvenile court:
(1) (A) The minor is a ward who is older than 17 years and 5
months of age and younger than 18 years of age and in foster care
placement, or the nonminor is a ward in foster care placement who was
a ward subject to an order for foster care placement on the day he
or she attained 18 years of age and on and after January 1, 2012, has
not attained 19 years of age, or, commencing January 1, 2013, 20
years of age, or, commencing January 1, 2014, 21 years of age.
(B) Notwithstanding subparagraph (A), the nonminor is a ward who
has been receiving aid pursuant to Article 5 (commencing with Section
11400) of Chapter 2 of Part 3 of Division 9 between January 1, 2012,
and December 31, 2012, and attains 19 years of age prior to January
1, 2013, or who has been receiving that aid between January 1, 2013,
and December 31, 2013, and attains 20 years of age prior to January
1, 2014, and who may continue to receive aid under the applicable
program, provided that the nonminor dependent continues to meet all
other applicable eligibility requirements as specified in Section
11403.
(2) The ward meets either of the following conditions:
(A) The ward was removed from the physical custody of his or her
parents or legal guardian, adjudged to be a ward of the juvenile
court under Section 725, and ordered into foster care placement as a
ward.
(B) The ward was removed from the custody of his or her parents or
legal guardian as a dependent of the court with an order for foster
care placement as a dependent in effect at the time the court
adjudged him or her to be a ward of the juvenile court under Section
725.
(3) The rehabilitative goals of the minor or nonminor, as set
forth in the case plan, have been met, and juvenile court
jurisdiction over the minor or nonminor as a ward is no longer
required.
(3) The juvenile court has determined that jurisdiction over the
minor or nonminor as a ward pursuant to Section 602 is no longer
required.
(4) (A) If the ward is a minor, reunification services have been
terminated; the matter has not been set for a hearing for termination
of parental rights pursuant to Section 727.3 or for the
establishment of guardianship pursuant to Section 728; the return of
the child to the physical custody of the parents or legal guardian
would create a substantial risk of detriment to the child's safety,
protection, or physical or emotional well-being; and the minor has
indicated an intent to sign a mutual agreement, as described in
subdivision (u) of Section 11400, with the responsible agency for
placement in a supervised setting as a nonminor dependent.
(B) If the ward is a nonminor, he or she has signed a mutual
agreement, as described in subdivision (u) of Section 11400, with the
responsible agency for placement in a supervised setting as a
nonminor dependent or has signed a voluntary reentry agreement, as
described in subdivision (z) of Section 11400 for placement in a
supervised setting as a nonminor dependent. A runaway and homeless
youth shelter licensed by the State Department of Social Services
pursuant to Section 1502.35 of the Health and Safety Code shall not
be a placement option pursuant to this section.
(b) A minor who is subject to the court's transition jurisdiction
shall be referred to as a transition dependent.
(c) A youth subject to the court's transition jurisdiction who is
18 years of age or older shall be referred to as a nonminor
dependent.