BILL ANALYSIS �
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|SENATE RULES COMMITTEE | SB 343|
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THIRD READING
Bill No: SB 343
Author: Yee (D)
Amended: 4/3/13
Vote: 21
SENATE HUMAN SERVICES COMMITTEE : 6-0, 4/9/13
AYES: Yee, Berryhill, Emmerson, Evans, Liu, Wright
SENATE APPROPRIATIONS COMMITTEE : 7-0, 5/23/13
AYES: De Le�n, Walters, Gaines, Hill, Lara, Padilla, Steinberg
SUBJECT : Dependent children: documents
SOURCE : Childrens Law Center California
DIGEST : This bill revises and recasts current law which
specifies the documents and information required to be provided
to a dependent youth prior to terminating dependency. This bill
requires this information to be provided at the first regularly
scheduled hearing after the youth as reached age 18, rather than
at termination of dependency. Additionally, this bill requires
the same information be provided to dependent youth at age 16,
as specified.
ANALYSIS :
Existing law:
1.Requires the status of every dependent in foster care to be
reviewed by the court no less frequently than once every six
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months, as specified.
2.Requires that the regular status review of a child or nonminor
dependent in foster care consider the progress that has been
made toward alleviating the causes necessitating placement in
foster care when providing the information and documents, as
specified.
3.Requires that at the last review hearing to be held before a
minor attains 18 years of age, the report provided by the
county welfare department shall describe efforts made toward
completing specified items under Welfare and Institutions Code
Section 391.
4.Provides that, as of January 1, 2012, the court may have
within its jurisdiction any nonminor dependent, between the
age of majority and 21 years, as defined.
5.Permits a court to terminate its dependency, delinquency, or
transition jurisdiction over a nonminor dependent between the
time the nonminor reaches the age of majority and 21 years of
age.
6.Provides that a nonminor dependent shall retain all of his or
her legal decision making authority as an adult, except as
specified.
7.Prohibits a dependency court from terminating jurisdiction
over a nonminor until a hearing is conducted, as specified.
8.At any termination hearing, requires a county welfare
department to submit a report that verifies that information
has been provided to the nonminor, as specified.
This bill:
1.Requires, at the first regularly scheduled court hearing after
a dependent child has reached age 16 years or older, a county
welfare department to submit a report verifying that documents
and services have been provided to the child, as specified.
2.Requires, at the first regularly scheduled court hearing
immediately prior to a dependent child attaining 18 years of
age, and at every hearing thereafter, the county welfare
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department to submit a report describing efforts made toward
providing the following information, documents and services to
the child:
A. All of the documents, information and assistance, as
specified, required to be provided at age 16.
B. A letter including the following information: the
nonminor's name and date of birth; the dates during which
the nonminor was within the jurisdiction of the juvenile
court; a statement that the nonminor was a foster youth in
compliance with financial aid documentation requirements;
any applicable death certificates for the nonminor's
parents; any applicable proof of the nonminor's citizenship
or legal residence; an advance health care directive form,
the Judicial Counsel form that the nonminor would use to
file a petition to resume dependency jurisdiction; and the
written 90-day transition plan.
C. If applicable and available, referrals to transitional
housing or assistance in securing other housing.
D. Assistance in maintaining relationships with persons
important to a nonminor, as specified.
E. The whereabouts of any siblings under the jurisdiction
of the juvenile court, except as specified.
FISCAL EFFECT : Appropriation: No Fiscal Com.: Yes
Local: Yes
According to the Senate Appropriations Committee, potential
first-year increased state costs (non-reimbursable) of $580,000
(General Fund), to the extent the provisions of this bill result
in increased county social worker workload in the first year of
implementation. To the extent on average two hours of time is
required for the first cohort of 16 year olds, increased state
costs (non-reimbursable) associated with gathering information,
preparing reports, and providing the required services for 4,000
youth could result. It is assumed the subsequent year report
and information for the youth requires reduced time, however,
that is offset by the additional workload incurred as the next
cohort of 16-year olds is provided this information.
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SUPPORT : (Verified 5/24/13)
Children's Law Center California (source)
California Alliance of Child and Family Services
Children's Advocacy Institute
Children Now
Dependency Legal Group of San Diego
Executive Committee of the Family Law Section of the State Bar
ARGUMENTS IN SUPPORT : The author's office states that for
many nonminor dependents, information such as the social
security card and birth certificate are critically important to
have during the youth's transition to independence for the
purpose of participating in educational programs, obtaining
independent housing, or securing employment.
The sponsor states that California must ensure that the child
welfare system is as effective as possible in preparing foster
youth to go out in the world on their own - and to be successful
in doing so. The sponsor states that providing youth or young
adults with the important documentation and support required by
current law at an earlier date will give them a better
opportunity for success.
JL:nd 5/25/13 Senate Floor Analyses
SUPPORT/OPPOSITION: SEE ABOVE
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