Amended in Senate April 3, 2013

Senate Bill No. 343

Introduced by Senator Yee

February 20, 2013

An act to repeal and add Section 391 of the Welfare and Institutions Code, relating to juveniles.

LEGISLATIVE COUNSEL’S DIGEST

SB 343, as amended, 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 begin insert county welfare end insert 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 begin delete it end delete begin insert the county end insert 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 1.  

Section 391 of the Welfare and Institutions Code
is repealed.

SEC. 2.  

Section 391 is added to the Welfare and Institutions
Code, to read:

391.  

(a) At the first regularly scheduled court hearing after a
dependent child has attained 16 years of age, the county welfare
department shall submit a report verifying that the following
information, documents, and services have been provided to the
child:

(1) Social security card.

(2) Certified copy of the birth certificate.

(3) Driver’s license, as described in Section 12500 of the Vehicle
Code, or identification card, as described in Section 13000 of the
Vehicle Code.

(4) Assistance in obtaining employment begin delete or other financial
support end delete , if applicable.

(5) Assistance in applying for, or preparing to apply for,
admission to college or to a vocational training program or other
educational institution and in obtaining financial aid, where
applicable.

(6) 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 until
he or she attains 26 years of age.

(b) At the hearing immediately prior to a dependent child
attaining 18 years of age and at every review hearing thereafter,
the county welfare department shall submit a report describing
efforts toward providing the following information, documents,
and services to the child:

(1) All of the documents, written information, and assistance
set forth in subdivision (a).

(2) A letter prepared by the county welfare department that
includes the following information:

(A) The nonminor’s name and date of birth.

(B) The dates during which the nonminor was within the
jurisdiction of the juvenile court.

(C) A statement that the nonminor was a foster youth in
compliance with state and federal financial aid documentation
requirements.

(D) If applicable, the death certificate of the parent or parents.

(E) If applicable, proof of the nonminor’s citizenship or legal
residence.

(F) An advance health care directive form.

(G) The Judicial Council form that the nonminor would use to
file a petition pursuant to subdivision (e) of Section 388 to resume
dependency jurisdiction.

(H) The written 90-day transition plan prepared pursuant to
Section 16501.1.

(3) If applicable, referrals to transitional housing, if available,
or assistance in securing other housing.

(4) 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.

begin insert

(5) 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 either sibling.

end insert

(c) The dependency court shall not terminate jurisdiction over
a nonminor unless a hearing is conducted pursuant to this section.
At any hearing at which the court is considering terminating
jurisdiction over a nonminor, 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 nonminor’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.

(d) (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.

(e) The court may terminate its jurisdiction over a nonminor if
the court finds after reasonable and documented efforts the
nonminor cannot be located.

(f) 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.

(g) 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. Jurisdiction shall not
be terminated until the department has submitted a report verifying
that the begin delete following end delete information, documents, and services begin insert required
under subdivisions (a) and (b), as well as the following information,
documents, and services, end insert 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) 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.

(2) Written information concerning the nonminor’s dependency
case, including, but not limited to, all of the following:

(A) Any known information regarding the nonminor’s Indian
heritage or tribal connections.

(B) If applicable, his or her family history and placement history.

(C) Any photographs of the nonminor or his or her family in
the possession of the county welfare department, other than forensic
photographs.

begin delete

(D) 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.

end delete begin delete

(E)

end delete

begin insert (D) end insert  Directions on how to access the documents the nonminor
is entitled to inspect under Section 827.

begin delete

(F)

end delete

begin insert ( end insert begin insert E) end insert  The date on which the jurisdiction of the juvenile court
would be terminated.

(3) The health and education summary described in subdivision
(a) of Section 16010.

(4) The Judicial Council form that the nonminor would use to
file a petition pursuant to subdivision (e) of Section 388 to resume
dependency jurisdiction.

(5) Assistance with the following:

(A) Completing an application for Medi-Cal or assistance in
obtaining other health insurance.

(B) Referrals to transitional housing, if available, or assistance
in securing other housing.

begin insert

(C) Obtaining employment or other financial support, if
applicable.

end insert

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.