BILL NUMBER: SB 1344 AMENDED
BILL TEXT
AMENDED IN SENATE MARCH 26, 2014
INTRODUCED BY Senator Evans
FEBRUARY 21, 2014
An act to amend Section 452 of add Section
4474.10 to the Welfare and Institutions Code, relating to
foster care. d evelopmental
services.
LEGISLATIVE COUNSEL'S DIGEST
SB 1344, as amended, Evans. Foster care: transition
jurisdiction. Developmental services: Sonoma
Developmental Center.
Existing law vests in the State Department of Developmental
Services jurisdiction over specified state hospitals, referred to as
developmental centers, which provide residential care to persons with
developmental disabilities. Existing law requires the State
Department of Developmental Services to comply with procedural
requirements when closing a developmental center, including
submitting a plan to the Legislature and holding at least one public
hearing.
This bill would require the department to establish the Sonoma
Developmental Center as the center of last resort for Northern
California. The bill would require the department to confer and
cooperate with the County of Sonoma to develop a detailed action
plan, as specified, prior to establishing the Sonoma Developmental
Center as a center of last resort and would require the County of
Sonoma to ensure the inclusion and participation of certain community
entities, including consumers living in the developmental center. By
imposing additional duties on the County of Sonoma, 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.
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
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. The Legislature finds and declares both
of the following:
(a) It is the intent of this act to establish a formal
communication process between the State Department of Developmental
Services and the community within and surrounding the Sonoma
Developmental Center in order to ensure that all stakeholders are
involved in the process of determining the future of the Sonoma
Developmental Center.
(b) There is a population within the developmentally disabled
community for whom community placement may not be appropriate and
this act is necessary to best meet the unique medical and behavioral
needs of the residents of the Sonoma Developmental Center.
SEC. 2. Section 4474.10 is added to the
Welfare and Institutions Code , to read:
4474.10. (a) The department shall establish the Sonoma
Developmental Center as the center of last resort for northern
California.
(b) (1) Prior to implementing subdivision (a), the department
shall confer and cooperate with the County of Sonoma, as the lead
local agency, to develop a detailed action plan. The County of Sonoma
shall ensure inclusion and participation in developing the action
plan of community entities, including, but not limited to, the
following:
(A) Consumers living in the developmental center.
(B) Parents, family members, guardians, and conservators of
persons living in the developmental center or their representative
organizations, including, but not limited to, the Parent Hospital
Association of Sonoma Developmental Center.
(C) Developmental center employees and employee organizations.
(D) The local regional center.
(2) The action plan developed pursuant to paragraph (1) may
address all of the following:
(A) The appropriate strategy to ensure that the best Medi-Cal
funding structure is available to a consumer, wherever he or she may
live, who transitions from the Sonoma Developmental Center as a
result of the implementation of subdivision (a).
(B) A program for the placement of staff of the Sonoma
Developmental Center who may be displaced as a result of the
implementation of subdivision (a) in similar positions in programs
operated by, or through contract with, the county, regional centers,
or other state departments.
(C) The disposition and re-use of medical and housing facilities
located on Sonoma Developmental Center grounds, including, but not
limited to, the reuse of land and open space that is a part of the
Sonoma Developmental Center campus, that may no longer be required
for the operation of the Sonoma Developmental Center as a result of
the implementation of subdivision (a).
(c) For the purposes of this section, "center of last resort"
means a developmental center that provides services to a small
population of residents for whom community placement has been deemed
insufficient.
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.
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, 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), 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.