Amended in Assembly March 28, 2016

California Legislature—2015–16 Regular Session

Assembly BillNo. 2000


Introduced by Assembly Member Campos

February 16, 2016


An act to add Section 607.6 to the Welfare and Institutions Code, relating to juveniles.

LEGISLATIVE COUNSEL’S DIGEST

AB 2000, as amended, Campos. Wards: termination of juvenile court jurisdiction.

Existing law establishes the jurisdiction of the juvenile court, which may adjudge a minor to be a ward of the court on the basis of the minor’s delinquent behavior. Under existing law, the jurisdiction of the juvenile court may continue until the ward attains 21 or 25 years of age, depending on the nature of the offense. Existing law requires the juvenile court to hold a hearing prior to terminating jurisdiction over a ward who is subject to an order of foster care, as specified. Under existing law, whenever the juvenile court terminates jurisdiction over a ward who has also been designated a dependent of the court or previously placed into foster care, the probation or parole officer is required to provide the ward with specified information and documents relating to benefits for former foster children.

This bill wouldbegin delete require the juvenile court to conduct a hearing prior to terminating jurisdiction over a ward who has attained 18 years of age and who is either placed out of the home by the juvenile court or who is returning to an unstable home environment. The bill would requireend deletebegin insert prohibit the juvenile court from terminating jurisdiction over a ward until the court conducts a hearing and finds thatend insert the probation departmentbegin delete to provideend deletebegin insert has provided, or made reasonable efforts to provide,end insert certain information, documents, and services to thebegin delete ward before the court may terminate jurisdiction.end deletebegin insert ward.end insert By imposing this duty on probation officers, this bill would impose a state-mandated local program. The bill would also direct the Judicial Council to develop and implement standards and forms necessary to implement these provisions.

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:

P2    1

SECTION 1.  

Section 607.6 is added to the Welfare and
2Institutions Code
, to read:

3

607.6.  

(a) The juvenile court shall not terminate jurisdiction
4over a wardbegin delete who has attained 18 years of age and who is either
5placed out of the home by the juvenile court in the most recent
6order or who is returning to an unstable home environment,end delete
until
7a hearing is conducted pursuant to this section and thebegin delete probation
8department has submitted a report verifyingend delete
begin insert court findsend insert that the
9following information, documents, and services have been provided
10to the ward,begin delete or in the case of a ward who, after reasonable efforts
11by the probation department, cannot be located, verifying the
12efforts made to make the following available to the ward:end delete
begin insert or, in
13any case in which the information, document, or service is
14unavailable or cannot be provided, that the probation officer has
15made reasonable efforts to provide the following information,
16documents, or services to the ward:end insert

17(1) Written information concerning the ward’s case, including
18any known information regarding the ward’s Indian heritage or
19tribal connections, if applicable, directions on how to access the
20documents the ward is entitled to inspect under Section 827, and
21the date on which the jurisdiction of the juvenile court would be
22terminated.

P3    1(2) Written information regarding any psychoactive or other
2medications that the ward is taking, including the dosage, the
3reason the medications were prescribed, contact information of
4the prescribing doctor or psychiatrist, and information regarding
5how to maintain the medication regimen if the ward so chooses.

6(3) The following documents:

7(A) Social securitybegin delete card.end deletebegin insert card, or a photocopy thereof.end insert

8(B) Certified copy of his or her birth certificate.

9(C) Health and education summary, as described in subdivision
10(a) of Sectionbegin delete 16010.end deletebegin insert 16010, if applicable.end insert

11(D) Driver’s license, as described in Section 12500 of the
12Vehicle Code, or identification card, as described in Section 13000
13of the Vehicle Code.

14(E) A letter prepared by the probation department that includes
15the following information:

16(i) The ward’s name and date of birth.

17(ii) The dates during which the ward was within the jurisdiction
18of the juvenile court.

begin delete

19(iii) A statement that the ward was a youth in compliance with
20state and federal financial aid documentation requirements.

end delete

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

begin delete

22(G) If applicable, proof of the ward’s citizenship or legal
23residence.

end delete
begin delete

24(H)

end delete

25begin insert(G)end insert An advance health care directive form.

26(4) begin deleteReferrals for assistance end deletebegin insertAssistance end insertwith completing an
27application for Medi-Cal orbegin delete referrals forend delete assistance with obtaining
28other healthbegin delete insurance.end deletebegin insert insurance, unless the ward has health
29insurance.end insert

30(5) Referrals to transitional housing, if available, or referrals to
31begin insert assistance with securingend insert otherbegin delete housing.end deletebegin insert housing, unless the ward
32has housing.end insert

33(6) Referrals for assistance with obtaining employment or other
34financial support.

35(7) begin deleteAssistance end deletebegin insertReferrals for assistance end insertin applying for admission
36to college or to a vocational training program or other educational
37institution and in obtaining financial aid, where appropriate.

38(8) If the ward has been in out-of-home placement forbegin delete six
39monthsend delete
begin insert 90 daysend insert or longer from the date the ward entered foster
40care orbegin delete a long-term detention facility,end deletebegin insert committed or detained for
P4    190 days or longer,end insert
contact information in the ward’s file for
2individuals who are important to the ward, based on the ward’s
3best interests.

begin delete

4(9) For wards between 18 and 21 years of age who were placed
5in foster care, assistance in accessing the Independent Living
6Aftercare Program in the ward’s county of residence.

end delete
begin delete

7(b) At any hearing for a ward who has turned 18 years of age
8at which the court is considering terminating jurisdiction, the
9probation department shall ensure that the nonminor is present in
10court, unless the nonminor does not wish to appear in court and
11elects a telephonic appearance, or shall document reasonable efforts
12made by the probation department to locate the ward when the
13ward is not available.

end delete
begin delete

14(c) At the hearing closest to and before a ward’s 18th birthday
15and every review hearing thereafter for nonminor wards, the
16probation department shall submit a report describing efforts
17toward completing the items described in subparagraphs (E) to
18(H), inclusive, of paragraph (2) of subdivision (a).

end delete
begin insert

19
(9) Information about the sealing of juvenile records as required
20by subdivision (h) of Section 781, including information on the
21sealing provisions of Section 786 and other applicable provisions
22regarding the sealing of juvenile records.

end insert
begin insert

23
(10) If the ward has applied for special immigrant juvenile
24status or otherwise applied for legal residency, and the application
25is being processed, information on the status of the application
26and whether an active juvenile court case is required for approval
27of the application.

end insert
begin insert

28
(b) The ward shall not be held in physical confinement or subject
29to any terms or conditions of probation if a continuance of the
30termination hearing is required solely for the probation department
31to comply with the requirements of this section.

end insert
begin delete

32(d)

end delete

33begin insert(c)end insert If the ward has met his or her rehabilitative goal and requests
34immediate termination of jurisdiction, the termination shall not be
35delayedbegin delete ifend deletebegin insert forend insert the probation departmentbegin delete has not compliedend deletebegin insert to complyend insert
36 with this section.

begin delete

37(e)

end delete

38begin insert(d)end insert The Judicial Council shall develop and implement standards,
39and develop and adopt appropriate forms, necessary to implement
40this section.

P5    1

SEC. 2.  

If the Commission on State Mandates determines that
2this act contains costs mandated by the state, reimbursement to
3local agencies and school districts for those costs shall be made
4pursuant to Part 7 (commencing with Section 17500) of Division
54 of Title 2 of the Government Code.



O

    98