SB 343, as introduced, Yee. Dependent children: documents.
Existing law establishes the jurisdiction of the juvenile court, which is permitted to adjudge certain children to be dependents of the court under certain circumstances, and prescribes various hearings and other procedures for these purposes. Existing law prohibits the court from terminating dependency jurisdiction over a nonminor who has reached 18 years of age until a hearing is conducted and the department has submitted a report verifying that specified information, documents, and services have been provided to the child.
This bill would revise and recast these provisions to, among other things, require the county welfare department to submit reports at the first regularly scheduled hearing after the child has attained 16 years of age and at the hearing immediately prior to the child attaining 18 years of age, verifying that it has provided certain of the above-described information, documents, and services to the child. By increasing the reporting duties of 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 391 of the Welfare and Institutions Code
2 is repealed.
(a) The dependency court shall not terminate jurisdiction
4over a nonminor unless a hearing is conducted pursuant to this
5section.
6(b) At any hearing for a nonminor at which the court is
7considering termination of the jurisdiction of the juvenile court,
8the county welfare department shall do all of the following:
9(1) Ensure that the dependent nonminor is present in court,
10unless the nonminor does not wish to appear in court, and elects
11a telephonic appearance, or document reasonable efforts made by
12the county welfare department to locate the nonminor when the
13nonminor is not available.
14(2) Submit a report describing whether it is in the
nonminor’s
15best interests to remain under the court’s dependency jurisdiction,
16which includes a recommended transitional independent living
17case plan for the nonminor when the report describes continuing
18dependency jurisdiction as being in the nonminor’s best interest.
19(3) If the county welfare department recommends termination
20of the court’s dependency jurisdiction, submit documentation of
21the reasonable efforts made by the department to provide the
22nonminor with the assistance needed to meet or maintain eligibility
23as a nonminor dependent, as defined in paragraphs (1) to (5),
24inclusive, of subdivision (b) of Section 11403.
25(4) If the nonminor has indicated that he or she does not want
26dependency jurisdiction to continue, the report shall address the
27manner in which the nonminor was advised of his or her options,
28including the benefits of remaining in foster care, and of his or
her
29right to reenter foster care and to file a petition pursuant to
30subdivision (e) of Section 388 to resume dependency jurisdiction
31prior to attaining 21 years of age.
32(c) (1) The court shall continue dependency jurisdiction over
33a nonminor who meets the definition of a nonminor dependent as
P3 1described in subdivision (v) of Section 11400 unless the court finds
2either of the following:
3(A) That the nonminor does not wish to remain subject to
4dependency jurisdiction.
5(B) That the nonminor is not participating in a reasonable and
6appropriate transitional independent living case plan.
7(2) In making the findings pursuant to paragraph (1), the court
8must also find that the nonminor has been informed of his or her
9options including the
benefits of remaining in foster care and the
10right to reenter foster care by filing a petition pursuant to
11subdivision (e) of Section 388 to resume dependency jurisdiction
12and by completing a voluntary reentry agreement pursuant to
13subdivision (z) of Section 11400, and has had an opportunity to
14confer with his or her counsel if counsel has been appointed
15pursuant to Section 317.
16(d) (1) The court may terminate its jurisdiction over a nonminor
17if the court finds after reasonable and documented efforts the
18nonminor cannot be located.
19(2) When terminating dependency jurisdiction the court shall
20maintain general jurisdiction over the nonminor to allow for the
21filing of a petition to resume dependency jurisdiction under
22subdivision (e) of Section 388 until the nonminor attains 21 years
23of age, although no review proceedings shall be required. A
24nonminor may
petition the court pursuant to subdivision (e) of
25Section 388 to resume dependency jurisdiction at any time before
26attaining 21 years of age.
27(e) The court shall not terminate dependency jurisdiction over
28a nonminor dependent who has attained 18 years of age until a
29hearing is conducted pursuant to this section and the department
30has submitted a report verifying that the following information,
31documents, and services have been provided to the nonminor, or
32in the case of a nonminor who, after reasonable efforts by the
33county welfare department, cannot be located, verifying the efforts
34made to make the following available to the nonminor:
35(1) Written information concerning the nonminor’s dependency
36case, including any known information regarding the nonminor’s
37Indian heritage or tribal connections, if applicable, his or her family
38history and placement history, any photographs of
the nonminor
39or his or her family in the possession of the county welfare
40department, other than forensic photographs, the whereabouts of
P4 1any siblings under the jurisdiction of the juvenile court, unless the
2court determines that sibling contact would jeopardize the safety
3or welfare of the sibling, directions on how to access the documents
4the nonminor is entitled to inspect under Section 827, and the date
5on which the jurisdiction of the juvenile court would be terminated.
6(2) The following documents:
7(A) Social security card.
8(B) Certified copy of his or her birth certificate.
9(C) Health and education summary, as described in subdivision
10(a) of Section 16010.
11(D) Driver’s license, as
described in Section 12500 of the
12Vehicle Code, or identification card, as described in Section 13000
13of the Vehicle Code.
14(E) A letter prepared by the county welfare department that
15includes the following information:
16(i) The nonminor’s name and date of birth.
17(ii) The dates during which the nonminor was within the
18jurisdiction of the juvenile court.
19(iii) A statement that the nonminor was a foster youth in
20compliance with state and federal financial aid documentation
21requirements.
22(F) If applicable, the death certificate of the parent or parents.
23(G) If applicable, proof of the nonminor’s citizenship or legal
24residence.
25(H) An advance healthcare directive form.
26(I) The Judicial Council form that the nonminor would use to
27file a petition pursuant to subdivision (e) of Section 388 to resume
28dependency jurisdiction.
29(J) The written 90-day transition plan prepared pursuant to
30Section 16501.1.
31(3) Assistance in completing an application for Medi-Cal or
32assistance in obtaining other health insurance.
33(4) Referrals to transitional housing, if available, or assistance
34in securing other housing.
35(5) Assistance in obtaining employment or other financial
36support.
37(6) Assistance in applying
for admission to college or to a
38vocational training program or other educational institution and
39in obtaining financial aid, where appropriate.
P5 1(7) Assistance in maintaining relationships with individuals
2who are important to a nonminor who has been in out-of-home
3placement for six months or longer from the date the nonminor
4entered foster care, based on the nonminor’s best interests.
5(8) For nonminors between 18 and 21 years of age, assistance
6in accessing the Independent Living Aftercare Program in the
7nonminor’s county of residence, and, upon the nonminor’s request,
8assistance in completing a voluntary reentry agreement for care
9and placement pursuant to subdivision (z) of Section 11400 and
10in filing a petition pursuant to subdivision (e) of Section 388 to
11resume dependency jurisdiction.
12(9) Written information
notifying the child that current or former
13dependent children who are or have been in foster care are granted
14a preference for student assistant or internship positions with state
15agencies pursuant to Section 18220 of the Government Code. The
16preference shall be granted to applicants up to 26 years of age.
17(f) At the hearing closest to and before a dependent minor’s
1818th birthday and every review hearing thereafter for nonminors,
19the department shall submit a report describing efforts toward
20completing the items described in paragraph (2) of subdivision
21(e).
22(g) The Judicial Council shall develop and implement standards,
23and develop and adopt appropriate forms necessary to implement
24this provision.
25(h) This section shall become operative on January 1, 2012.
Section 391 is added to the Welfare and Institutions
27Code, to read:
(a) At the first regularly scheduled court hearing after a
29dependent child has attained 16 years of age, the county welfare
30department shall submit a report verifying that the following
31information, documents, and services have been provided to the
32child:
33(1) Social security card.
34(2) Certified copy of the birth certificate.
35(3) Driver’s license, as described in Section 12500 of the Vehicle
36Code, or identification card, as described in Section 13000 of the
37Vehicle Code.
38(4) Assistance in obtaining employment or other financial
39support, if applicable.
P6 1(5) Assistance in applying for, or preparing to apply for,
2admission to college or to a vocational training program or other
3educational institution and in obtaining financial aid, where
4applicable.
5(6) Written information notifying the child that current or former
6dependent children who are or have been in foster care are granted
7a preference for student assistant or internship positions with state
8agencies pursuant to Section 18220 of the Government Code until
9he or she attains 26 years of age.
10(b) At the hearing immediately prior to a dependent child
11attaining 18 years of age and at every review hearing thereafter,
12the county welfare department shall submit a report describing
13efforts toward providing the following information, documents,
14and services to the child:
15(1) All of the documents, written information, and assistance
16set forth in subdivision (a).
17(2) A letter prepared by the county welfare department that
18includes the following information:
19(A) The nonminor’s name and date of birth.
20(B) The dates during which the nonminor was within the
21jurisdiction of the juvenile court.
22(C) A statement that the nonminor was a foster youth in
23compliance with state and federal financial aid documentation
24requirements.
25(D) If applicable, the death certificate of the parent or parents.
26(E) If applicable, proof of the nonminor’s citizenship or legal
27residence.
28(F) An advance health care directive form.
29(G) The Judicial Council form that the nonminor would use to
30file a petition pursuant to subdivision (e) of Section 388 to resume
31dependency jurisdiction.
32(H) The written 90-day transition plan prepared pursuant to
33Section 16501.1.
34(3) If applicable, referrals to transitional housing, if available,
35or assistance in securing other housing.
36(4) Assistance in maintaining relationships with individuals
37who are important to a nonminor who has been in out-of-home
38placement for six months or longer from the date the nonminor
39entered foster care, based on the nonminor’s best interests.
P7 1(c) The
dependency court shall not terminate jurisdiction over
2a nonminor unless a hearing is conducted pursuant to this section.
3At any hearing at which the court is considering terminating
4jurisdiction over a nonminor, the county welfare department shall
5do all of the following:
6(1) Ensure that the dependent nonminor is present in court,
7unless the nonminor does not wish to appear in court and elects a
8telephonic appearance, or document reasonable efforts made by
9the county welfare department to locate the nonminor when the
10nonminor is not available.
11(2) Submit a report describing whether it is in the nonminor’s
12best interests to remain under the court’s dependency jurisdiction,
13which includes a recommended transitional independent living
14case plan for the nonminor when the report describes continuing
15dependency jurisdiction as being in the nonminor’s best interest.
16(3) If the county welfare department recommends termination
17of the court’s dependency jurisdiction, submit documentation of
18the reasonable efforts made by the department to provide the
19nonminor with the assistance needed to meet or maintain eligibility
20as a nonminor dependent, as defined in paragraphs (1) to (5),
21inclusive, of subdivision (b) of Section 11403.
22(4) If the nonminor has indicated that he or she does not want
23dependency jurisdiction to continue, the report shall address the
24manner in which the nonminor was advised of his or her options,
25including the benefits of remaining in foster care, and of his or her
26right to reenter foster care and to file a petition pursuant to
27subdivision (e) of Section 388 to resume dependency jurisdiction
28prior to attaining 21 years of age.
29(d) (1) The court shall continue
dependency jurisdiction over a
30nonminor who meets the definition of a nonminor dependent as
31described in subdivision (v) of Section 11400 unless the court finds
32either of the following:
33(A) That the nonminor does not wish to remain subject to
34dependency jurisdiction.
35(B) That the nonminor is not participating in a reasonable and
36appropriate transitional independent living case plan.
37(2) In making the findings pursuant to paragraph (1), the court
38must also find that the nonminor has been informed of his or her
39options including the benefits of remaining in foster care and the
40right to reenter foster care by filing a petition pursuant to
P8 1subdivision (e) of Section 388 to resume dependency jurisdiction
2and by completing a voluntary reentry agreement pursuant to
3subdivision (z) of Section 11400, and has had an
opportunity to
4confer with his or her counsel if counsel has been appointed
5pursuant to Section 317.
6(e) The court may terminate its jurisdiction over a nonminor if
7the court finds after reasonable and documented efforts the
8nonminor cannot be located.
9(f) When terminating dependency jurisdiction the court shall
10maintain general jurisdiction over the nonminor to allow for the
11filing of a petition to resume dependency jurisdiction under
12subdivision (e) of Section 388 until the nonminor attains 21 years
13of age, although no review proceedings shall be required. A
14nonminor may petition the court pursuant to subdivision (e) of
15Section 388 to resume dependency jurisdiction at any time before
16attaining 21 years of age.
17(g) The court shall not terminate dependency jurisdiction over
18a nonminor dependent who has attained 18
years of age until a
19hearing is conducted pursuant to this section. Jurisdiction shall not
20be terminated until the department has submitted a report verifying
21that the following information, documents, and services have been
22provided to the nonminor, or in the case of a nonminor who, after
23reasonable efforts by the county welfare department, cannot be
24located, verifying the efforts made to make the following available
25to the nonminor:
26(1) Assistance in accessing the Independent Living Aftercare
27Program in the nonminor’s county of residence, and, upon the
28nonminor’s request, assistance in completing a voluntary reentry
29agreement for care and placement pursuant to subdivision (z) of
30Section 11400 and in filing a petition pursuant to subdivision (e)
31of Section 388 to resume dependency jurisdiction.
32(2) Written information concerning the nonminor’s dependency
33case, including, but not
limited to, all of the following:
34(A) Any known information regarding the nonminor’s Indian
35heritage or tribal connections.
36(B) If applicable, his or her family history and placement history.
37(C) Any photographs of the nonminor or his or her family in
38the possession of the county welfare department, other than forensic
39photographs.
P9 1(D) The whereabouts of any siblings under the jurisdiction of
2the juvenile court, unless the court determines that sibling contact
3would jeopardize the safety or welfare of the sibling.
4(E) Directions on how to access the documents the nonminor
5is entitled to inspect under Section 827.
6(F) The date
on which the jurisdiction of the juvenile court
7would be terminated.
8(3) The health and education summary described in subdivision
9(a) of Section 16010.
10(4) The Judicial Council form that the nonminor would use to
11file a petition pursuant to subdivision (e) of Section 388 to resume
12dependency jurisdiction.
13(5) Assistance with the following:
14(A) Completing an application for Medi-Cal or assistance in
15obtaining other health insurance.
16(B) Referrals to transitional housing, if available, or assistance
17in securing other housing.
If the Commission on State Mandates determines that
19this act contains costs mandated by the state, reimbursement to
20local agencies and school districts for those costs shall be made
21pursuant to Part 7 (commencing with Section 17500) of Division
224 of Title 2 of the Government Code.
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