BILL NUMBER: SB 1344	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Evans

                        FEBRUARY 21, 2014

   An act to amend Section 452 of the Welfare and Institutions Code,
relating to foster care.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 1344, as introduced, Evans. Foster care: transition
jurisdiction.
   Existing law, generally provides that a minor who is a ward and in
foster care placement, or a nonminor who 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 who did
not turn 21 years of age prior to January 1, 2014, and who satisfies
other specified criteria, is under the transition jurisdiction of the
juvenile court. Existing law requires the court to hold a hearing
prior to terminating transition jurisdiction over a nonminor
dependent and requires the agency responsible for supervising a
nonminor dependent subject to the court's transition jurisdiction to
complete several actions, including submitting a report describing
whether it is in the nonminor dependent's best interests to remain
under the court's jurisdiction.
   This bill would make technical, nonsubstantive changes to those
provisions.
   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 452 of the Welfare and Institutions Code is
amended to read:
   452.  (a) The court shall hold a hearing prior to terminating
transition jurisdiction over a nonminor dependent.
   (b) At a hearing during which termination of transition
jurisdiction over a nonminor dependent is being considered, the court
shall continue its jurisdiction to allow a nonminor dependent who is
eligible for foster care placement pursuant to Section 11403 to
remain in foster care, unless the court finds that after reasonable
and documented efforts, the nonminor dependent cannot be located or
does not wish to remain a nonminor dependent. In making this finding,
the court shall ensure that the nonminor dependent has had an
opportunity to confer with his or her counsel and has been informed
of his or her options, including the right to reenter foster care
placement by completing a voluntary reentry agreement, as described
in subdivision (z) of Section 11400, and the right to file a petition
pursuant to subdivision (e) of Section 388 to resume transition
jurisdiction pursuant to Section 450.
   (c) The agency responsible under the county protocol for
supervising a nonminor dependent subject to the court's transition
jurisdiction shall complete all of the following actions for a
hearing during which termination of transition jurisdiction over a
nonminor dependent is being considered:
   (1) Ensure that the nonminor dependent is present in court for the
hearing, unless the nonminor dependent has waived his or her right
to appear in court and elects to appear by telephone  instead
  instead,  or document the reasonable efforts it
made to locate the nonminor dependent when the nonminor dependent is
not available to appear at the hearing.
   (2) Submit a report describing whether it is in the nonminor
dependent's best interests to remain under the court's jurisdiction.
   (3) Submit the completed 90-day transition plan.
   (4) The placing agency's report shall address the manner in which
the nonminor was informed of his or her right to reenter foster care
prior to attaining 21 years of age, if the nonminor dependent has
indicated that he or she does not want juvenile court transition
jurisdiction to continue.
   (5) Submit written verification that the information, documents,
and services set forth in paragraphs  1 to 8,  
(1) to (8),  inclusive, of subdivision (e) of Section 391 have
been provided to the nonminor dependent.
   (6) Certify that the requirements set forth in Section 607.5 have
been completed.
   (d) If the court terminates transition jurisdiction, the nonminor
shall remain within the general jurisdiction of the court until the
nonminor attains 21 years of age to allow for the filing of a
petition to resume juvenile court transition jurisdiction under
subdivision (e) of Section 388, although no review proceedings shall
be required.