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 prohibit the juvenile
court from terminating jurisdiction over a wardbegin insert who has attained 17 years of ageend insert until the court conducts a hearing and finds that the probation department has provided, or made reasonable efforts to provide, certain information, documents, and services to the ward.begin insert The bill would authorize a juvenile court, at its discretion, to make these provisions applicable to a ward under 17 years of age, if requested by the ward, and if the court finds that doing so is in the ward’s best interest.end insert By imposingbegin delete this dutyend deletebegin insert dutiesend insert 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 607.6 is added to the Welfare and
2Institutions Code, to read:
(a) The juvenile court shall not terminate jurisdiction
4over a wardbegin insert who has attained 17 years of age, and who is not
5subject to Section 607.3, end insert until a hearing is conducted pursuant to
6this section and the court finds that the following information,
7documents, and services have been provided to the ward,
or, in
8any case in which the information, document, or service is
9unavailable or cannot be provided, that the probation officer has
10made reasonable efforts to provide the following information,
11documents, or services to the ward:
12(1) Written information concerning the ward’s case, including
13any known information regarding the ward’s Indian heritage or
14tribal connections, if applicable, directions on how to access the
15documents the ward is entitled to inspect under Section 827, and
16the date on which the jurisdiction of the juvenile court would be
17terminated.
18(2) Written information regarding any psychoactive or other
19medications that the ward is taking, including the dosage, the
20reason the medications were prescribed, contact information of
P3 1the
prescribing doctor or psychiatrist, and information regarding
2how to maintain the medication regimen if the ward so chooses.
3(3) The following documents:
4(A) Social security card, or a photocopy thereof.
5(B) Certified copy of his or her birth certificate.
6(C) Health and education summary, as described in subdivision
7(a) of Section 16010, if applicable.
8(D) Driver’s license, as described in Section 12500 of the
9Vehicle Code, or identification card, as described in Section 13000
10of the Vehicle Code.
11(E) A letter prepared by the probation department that
includes
12the following information:
13(i) The ward’s name and date of birth.
14(ii) The dates during which the ward was within the jurisdiction
15of the juvenile court.
16(F) If applicable, the death certificate of the parent or parents.
17(G) An advance health care directive form.
18(4) Assistance with completing an application for Medi-Cal or
19assistance with obtaining other health insurance, unless the ward
20has health insurance.
21(5) Referrals to transitional housing, if available, or referrals to
22
assistance with securing other housing, unless the ward has
23housing.
24(6) Referrals for assistance with obtaining employment or other
25financial support.
26(7) Referrals for assistance in applying for admission to college
27or to a vocational training program or other educational institution
28and in obtaining financial aid, where appropriate.
29(8) If the ward has been in out-of-home placement for 90 days
30or longer from the date the ward entered foster care orbegin insert wasend insert
31 committed or detained for 90 days or longer, contact information
32in the ward’s file for individuals who are important to the ward,
33based on the
ward’s best interests.
34(9) Information about the sealing of juvenile records as required
35by subdivision (h) of Section 781, including information on the
36sealing provisions of Section 786 and other applicable provisions
37regarding the sealing of juvenile records.
38(10) If the ward has applied for special immigrant juvenile status
39or otherwise applied for legal residency, and the application is
40being processed, information on the status of the application and
P4 1whether an active juvenile court case is required for approval of
2the application.
3(b) The ward shall not be held in physical confinement or subject
4to any terms or conditions of probation if a continuance of the
5termination hearing is required solely for the
probation department
6to comply with the requirements of this section.
7(c) If the ward has met his or her rehabilitative goal and requests
8immediate termination of jurisdiction, the termination shall not be
9delayed for the probation department to comply with this section.
10
(d) A juvenile court may, in its discretion, make the provision
11of information, documents, services, and referrals for service
12required by this section applicable to a ward under 17 years of
13age, if requested by the ward, and if the court finds that doing so
14is in the best interest of the ward.
15
(e) The ward, after having
an opportunity to confer with the
16ward’s counsel, may waive the right to receive the information,
17documents, services, and referrals for service specified in this
18section.
19(d)
end delete
20begin insert(f)end insert The Judicial Council shall develop and implement standards,
21and develop and adopt appropriate forms, necessary to implement
22this section.
If the Commission on State Mandates determines that
24this act contains costs mandated by the state, reimbursement to
25local agencies and school districts for those costs shall be made
26pursuant to Part 7 (commencing with Section 17500) of Division
274 of Title 2 of the Government Code.
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