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2 is repealed.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