BILL NUMBER: AB 2000 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 28, 2016
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 would 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 require prohibit the
juvenile court from terminating jurisdiction over a ward until the
court conducts a hearing and finds that the probation
department to provide has provided, or made
reasonable efforts to provide, certain information, documents,
and services to the ward before the court may terminate
jurisdiction. ward. 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:
SECTION 1. Section 607.6 is added to the Welfare and Institutions
Code, to read:
607.6. (a) The juvenile court shall not terminate jurisdiction
over a ward who has attained 18 years of age and who is
either placed out of the home by the juvenile court in the most
recent order or who is returning to an unstable home environment,
until a hearing is conducted pursuant to this section and
the probation department has submitted a report verifying
court finds that the following information,
documents, and services have been provided to the ward, or
in the case of a ward who, after reasonable efforts by the probation
department, cannot be located, verifying the efforts made to make the
following available to the ward: or, in any case in
which the information, document, or service is unavailable or cannot
be provided, that the probation officer has made reasonable efforts
to provide the following information, documents, or services to the
ward:
(1) Written information concerning the ward's case, including any
known information regarding the ward's Indian heritage or tribal
connections, if applicable, directions on how to access the documents
the ward is entitled to inspect under Section 827, and the date on
which the jurisdiction of the juvenile court would be terminated.
(2) Written information regarding any psychoactive or other
medications that the ward is taking, including the dosage, the reason
the medications were prescribed, contact information of the
prescribing doctor or psychiatrist, and information regarding how to
maintain the medication regimen if the ward so chooses.
(3) The following documents:
(A) Social security card. card, or a
photocopy thereof.
(B) Certified copy of his or her birth certificate.
(C) Health and education summary, as described in subdivision (a)
of Section 16010. 16010, if
applicable.
(D) Driver's license, as described in Section 12500 of the Vehicle
Code, or identification card, as described in Section 13000 of the
Vehicle Code.
(E) A letter prepared by the probation department that includes
the following information:
(i) The ward's name and date of birth.
(ii) The dates during which the ward was within the jurisdiction
of the juvenile court.
(iii) A statement that the ward was a youth in compliance with
state and federal financial aid documentation requirements.
(F) If applicable, the death certificate of the parent or parents.
(G) If applicable, proof of the ward's citizenship or legal
residence.
(H)
(G) An advance health care directive form.
(4) Referrals for assistance Assistance
with completing an application for Medi-Cal or
referrals for assistance with obtaining other
health insurance. insurance, unless the ward
has health insurance.
(5) Referrals to transitional housing, if available, or referrals
to assistance with securing other housing.
housing, unless the ward has housing.
(6) Referrals for assistance with obtaining employment or other
financial support.
(7) Assistance Referrals for assistance
in applying for admission to college or to a vocational
training program or other educational institution and in obtaining
financial aid, where appropriate.
(8) If the ward has been in out-of-home placement for six
months 90 days or longer from the date the ward
entered foster care or a long-term detention facility,
committed or detained for 90 days or longer,
contact information in the ward's file for individuals who are
important to the ward, based on the ward's best interests.
(9) For wards between 18 and 21 years of age who were placed in
foster care, assistance in accessing the Independent Living Aftercare
Program in the ward's county of residence.
(b) At any hearing for a ward who has turned 18 years of age at
which the court is considering terminating jurisdiction, the
probation department shall ensure that the nonminor is present in
court, unless the nonminor does not wish to appear in court and
elects a telephonic appearance, or shall document reasonable efforts
made by the probation department to locate the ward when the ward is
not available.
(c) At the hearing closest to and before a ward's 18th birthday
and every review hearing thereafter for nonminor wards, the probation
department shall submit a report describing efforts toward
completing the items described in subparagraphs (E) to (H),
inclusive, of paragraph (2) of subdivision (a).
(9) Information about the sealing of juvenile records as required
by subdivision (h) of Section 781, including information on the
sealing provisions of Section 786 and other applicable provisions
regarding the sealing of juvenile records.
(10) If the ward has applied for special immigrant juvenile status
or otherwise applied for legal residency, and the application is
being processed, information on the status of the application and
whether an active juvenile court case is required for approval of the
application.
(b) The ward shall not be held in physical confinement or subject
to any terms or conditions of probation if a continuance of the
termination hearing is required solely for the probation department
to comply with the requirements of this section.
(d)
(c) If the ward has met his or her rehabilitative goal
and requests immediate termination of jurisdiction, the termination
shall not be delayed if for the
probation department has not complied to
comply with this section.
(e)
(d) The Judicial Council shall develop and implement
standards, and develop and adopt appropriate forms, necessary to
implement this section.
SEC. 2. 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.