BILL ANALYSIS Ó
AB 2000
Page 1
Date of Hearing: March 29, 2016
ASSEMBLY COMMITTEE ON JUDICIARY
Mark Stone, Chair
AB 2000
(Campos) - As Amended March 28, 2016
SUBJECT: WARDS: TERMINATION OF JUVENILE COURT JURISDICTION
KEY ISSUE: SHOULD YOUTH WHO ARE TRANSITIONING OUT OF THE
JUVENILE DELINQUENCY SYSTEM BE PROVIDED WITH SPECIFIED
DOCUMENTS, INFORMATION, AND SERVICES SIMILAR TO THE SPECIFIED
DOCUMENTS, INFORMATION, AND SERVICES THAT ARE GIVEN TO FOSTER
YOUTH, PRIOR TO THE JUVENILE COURT TERMINATING ITS JURISDICTION
OVER THEM?
SYNOPSIS
Current law (subdivision (e) of Welfare and Institutions Code
(WIC) Section 391) ensures that foster youth who age out of the
dependency system when they become adults (or 21 years of age
for "nonminor dependents") are provided with a number of
documents and resources when leaving the dependency system.
Adolescents leaving incarceration and juvenile probation
supervision are also in critical need of such assistance.
Research shows that youth who have been in the juvenile justice
system are as much in need of information to assist in
transitioning to adulthood, as are youth in the dependency
system. In many instances juvenile justice wards were
previously foster youth. Similar to foster youth, many juvenile
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justice wards come from unstable homes and families that are
unable to support the transitioning youth back into society. To
increase the opportunity for success for probation youth, this
bill requires a number of those same services and items of
information required for dependent youth to be provided to a
minor (or nonminor) prior to the juvenile delinquency court
terminating its jurisdiction. In order not to punish the youth,
the bill prohibits a youth from being detained in confinement
while the youth is awaiting those services and items of
information. Because not all of the services and information
specified in subdivision (e) of Section 391 that are required to
be provided to dependent minors and nonminors are necessary or
appropriate for delinquent minors and nonminors, some of the
requirements have been modified or eliminated. Therefore, AB
2000 requires probation officers to provide certain basic
documentation to youth similar to, but not as extensive as, that
currently required for foster youth in subdivision (e) of
Welfare and Institutions Code Section 391. This bill is
sponsored by the Juvenile Court Judges of California and
supported by Commonweal and the National Association of Social
Workers. The Youth Law Center supports the bill if amended to
ensure that it does not apply to dual status youth. The author
has agreed to work with all stakeholders to ensure that it does
not reduce benefits or create any unnecessary barriers for
underserved youth. There is no opposition to the bill on file.
SUMMARY: Requires the juvenile court to conduct a hearing when
terminating jurisdiction over a ward and to ensure that certain
information, documents, and services are provided to the ward in
conjunction with termination of the court's jurisdiction.
Specifically, this bill:
1)Prohibits the juvenile court from terminating its jurisdiction
over a ward until a hearing is conducted pursuant to this bill
and the court finds that one of the following is true:
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a) Specified information, documents, and services have been
provided to the ward.
b) In any case where the information, document, or service
is unavailable or cannot be provided, that the probation
officer has made reasonable efforts to provide, specified
information, documents, or services to the ward.
1)Requires the following information to be provided to the ward:
a) 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 WIC Section 827, and the date on which the
jurisdiction of the juvenile court would be terminated.
b) Written information regarding any psychotropic or other
medications that the ward is taking.
1)Requires the following documents to be provided to the ward:
a) A social security card, or a photocopy thereof.
b) A certified copy of his or her birth certificate.
c) A health and education summary, if applicable.
d) A driver's license, or identification card.
e) A letter prepared by the probation department that
includes the following information: i) The ward's name and
date of birth, and ii) The dates during which the ward was
within the jurisdiction of the juvenile court.
f) If applicable, the death certificate of the parent or
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parents.
g) An advance health care directive form.
1)Requires the probation department to provide the ward with the
following services or information:
a) Assistance with completing an application for Medi-Cal
or assistance with obtaining other health insurance, unless
the minor or nonminor has health insurance.
b) Referrals to transitional housing, if available, or
referrals to assistance with securing other housing, unless
the minor or nonminor has housing.
c) Referrals for assistance with obtaining employment or
other financial support.
d) 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.
e) If the ward has been in out-of-home placement 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.
f) Information about the sealing of juvenile records as
required by subdivision (h) of WIC Section 781 and
including information on the sealing provisions of WIC
Section 786 and any other applicable provision regarding
the sealing of juvenile records.
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g) 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.
1)Specifies that 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 probation to comply with the above requirements.
2)Provides that if the ward has met his or her rehabilitative
goal and requests immediate termination of jurisdiction, the
termination shall not be delayed for the probation department
to comply with this bill.
3)Requires the Judicial Council to develop and implement
standards, and develop and adopt appropriate forms, necessary
to implement this bill.
EXISTING LAW:
1)Provides that any child who has suffered, or is at risk of
suffering, serious physical or emotional harm, as defined,
shall be within the jurisdiction of the juvenile court which
may adjudge that person to be a dependent child of the court,
as specified. (Welfare and Institutions Code Section 300.
All further statutory references are to the Welfare and
Institutions Code, unless otherwise indicated.)
2)Permits a court to terminate its dependency, delinquency, or
transition jurisdiction over a nonminor dependent between the
time the nonminor reaches the age of majority and 21 years of
age. (Section 303.)
3)Requires, at any termination hearing, a county welfare
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department to submit a report that verifies that the following
information has been provided to the nonminor. (Section 391.)
a) Written information about the nonminor's dependency
case, including family history, Indian heritage, available
family photographs, except as specified, whereabouts of
siblings under the jurisdiction of the juvenile court,
except as specified, and information about how to access
their case file.
b) Essential personal documents including the social
security card, a certified copy of the birth certificate,
the health and education summary, as specified, driver's
license or identification card, any applicable death
certificates for the nonminor's parents, proof of
citizenship, an advance health care directive, forms used
to resume dependency, and a written 90-day transition plan.
c) A letter containing information about the nonminor
including name and date of birth, and the dates during
which the nonminor was a foster youth.
d) Referrals to transitional housing, assistance in
obtaining employment or other financial support, assistance
in applying to college or to a vocational education
program, assistance in maintaining relationships with
individuals who are important to the nonminor, assistance
in accessing the Independent Living Aftercare Program, and
other information.
4)Allows the California Department of Social Services to provide
a former dependent or ward who was in foster care, upon
request by that person, the proof of dependency of wardship
document that was provided to the youth in the dependency or
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wardship termination hearing report, or any information
necessary to provide verification that the person was formerly
a dependent or ward and placed in foster care. (Section
826.8.)
FISCAL EFFECT: Unknown
COMMENTS: Current law (subdivision (e) of WIC Section 391)
ensures that foster youth who age out of the dependency system
when they become adults (or 21 years of age for "nonminor
dependents") are provided with a number of documents and
resources when leaving the dependency system. Prior to
termination of the juvenile court's jurisdiction, the county
welfare department is required to do a number of things to help
the nonminor transition to living without the support of the
juvenile court and the county welfare department.
Adolescents leaving incarceration and juvenile probation
supervision are also in critical need of such assistance.
Research shows that youth who have been in the juvenile justice
system are as much in need of information to assist in
transitioning to adulthood as youth in the dependency system.
In many instances juvenile justice wards were previously foster
youth and even if not, come from unstable homes and families
that are unable to support the transitioning youth back into
society. Research shows that juvenile justice youth who leave
probation supervision do not finish high school, suffer high
rates of unemployment, pregnancy, and adult incarceration. Like
foster youth, juvenile justice youth all too often leave the
juvenile justice system unconnected to family and community.
To increase the opportunity for success for probation youth,
this bill requires that a number of those same services and
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items of information to be provided to probation youth (or
"wards") prior to the juvenile delinquency court terminating its
jurisdiction over the youth. But in order not to punish the
youth, the bill prohibits a probation youth from being detained
in confinement while the youth is awaiting those services and
items of information. Instead of requiring the county welfare
department to provide those services, documents and information,
this bill sensibly requires the county probation department to
provide similar services, documents, and information to the
ward. Because not all of the services and information specified
in subdivision (e) of Section 391 that are required to be
provided to foster youth are necessary or appropriate for
probation youth, some of the requirements have been modified or
eliminated. Therefore, AB 2000 requires probation officers to
provide certain basic documentation to youth similar to, but not
as extensive as what is required for welfare departments to
provide to foster youth in subdivision (e) of Section 391. As
modified, the documentation should be readily available to the
probation department, if not already included in the youth's
file.
The requirements of subdivision (e) of Section 391 (for foster
youth), and an explanation of how those requirements are
modified by this bill (for probation youth), is explained below:
(e) The court shall not terminate dependency jurisdiction over
a nonminor who has attained 18 years of age until a hearing is
conducted pursuant to this section and the department has
submitted a report verifying that the following information,
documents, and services have been provided to the nonminor, or
in the case of a nonminor who, after reasonable efforts by the
county welfare department, cannot be located, verifying the
efforts made to make the following available to the nonminor:
This is modified in AB 2000 so that, among other things, the
hearing must occur prior to termination of the court's
jurisdiction, regardless of the ward's age. The modified
language also provides that the information and services do
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not have to be provided by the probation department if the
information or services are unavailable and the probation
department has made reasonable efforts to provide the
information or services to the ward.
(1) Written information concerning the nonminor's case,
including any known information regarding the nonminor's
Indian heritage or tribal connections, if applicable, his
or her family history and placement history, any
photographs of the nonminor or his or her family in the
possession of the county welfare department, other than
forensic photographs, the whereabouts of any siblings under
the jurisdiction of the juvenile court, unless the court
determines that sibling contact would jeopardize the safety
or welfare of the sibling, directions on how to access the
documents the nonminor is entitled to inspect under Section
827, and the date on which the jurisdiction of the juvenile
court would be terminated. This is modified in AB 2000 to
eliminate the reference to the minor's foster placement
history and siblings because those issues are not generally
included in juvenile court records about wards.
(2) The following documents:
(A) Social security card. This requirement is maintained,
but an option is allowed for a copy of the card to be
provided to the ward.
(B) Certified copy of his or her birth certificate. This
requirement is maintained.
(C) Health and education summary, as described in
subdivision (a) of Section 16010. This requirement is
maintained, but modified to say "if applicable."
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(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. This requirement is
maintained.
(E) A letter prepared by the county welfare department that
includes the following information: This requirement is
maintained, but modified to refer to the "probation
department."
(i) The nonminor's name and date of birth. This
requirement is maintained.
(ii) The dates during which the nonminor was within the
jurisdiction of the juvenile court. This requirement is
maintained.
(iii) A statement that the nonminor was a foster youth in
compliance with state and federal financial aid
documentation requirements. This requirement is
maintained, but the language is modified to apply to
"delinquent youth."
(F) If applicable, the death certificate of the parent or
parents. This requirement is maintained.
(G) If applicable, proof of the nonminor's citizenship or
legal residence. This requirement is not included.
(H) An advance health care directive form. This
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requirement is maintained.
(I) The Judicial Council form that the nonminor would use
to file a petition pursuant to subdivision (e) of Section
388 to resume dependency jurisdiction. This requirement is
eliminated because it is not relevant to wards.
(J) The written 90-day transition plan prepared pursuant to
Section 16501.1. This requirement is eliminated because it
is not relevant to wards.
(3) Assistance in completing an application for Medi-Cal or
assistance in obtaining other health insurance. This
requirement is maintained, but it is modified to say
assistance is not necessary if the ward already has health
insurance.
(4) Referrals to transitional housing, if available, or
assistance in securing other housing. This requirement is
maintained, but it is modified to say assistance is not
necessary if the ward already has housing.
(5) Assistance in obtaining employment or other financial
support. This requirement is modified to require
"Referrals for assistance."
(6) Assistance in applying for admission to college or to a
vocational training program or other educational
institution and in obtaining financial aid, where
appropriate. This requirement is modified to require
"Referrals for assistance."
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(7) Assistance in maintaining relationships with
individuals who are important to a nonminor who has been in
out-of-home placement for six months or longer from the
date the nonminor entered foster care, based on the
nonminor's best interests. This has been modified to apply
only to wards who entered foster care or were detained for
90 days or longer.
(8) For nonminors between 18 and 21 years of age,
assistance in accessing the Independent Living Aftercare
Program in the nonminor's county of residence, and, upon
the nonminor's request, assistance in completing a
voluntary reentry agreement for care and placement pursuant
to subdivision (z) of Section 11400 and in filing a
petition pursuant to subdivision (e) of Section 388 to
resume dependency jurisdiction. This requirement is
eliminated because it is not relevant to wards.
(9) Written information notifying the child that current or
former dependent children who are or have been in foster
care are granted a preference for student assistant or
internship positions with state agencies pursuant to
Section 18220 of the Government Code. The preference shall
be granted to applicants up to 26 years of age. This
requirement is eliminated because it is not relevant to
wards.
In addition, some services and information are needed and
appropriate for minors and nonminors in the delinquency system
but not needed by those in the foster care system, so they have
been added to the bill. For example, minors who have records of
juvenile adjudications may have difficulty obtaining employment
because they are required to disclose information about their
juvenile records on employment applications or to qualify for
other programs and services, including for entry into the
military, for example. Therefore, this bill sensibly requires
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information about the sealing of juvenile records to be provided
to the ward. Also, to ensure that a ward is not detained in
confinement in order for a hearing to occur, the bill prohibits
the ward from being held in confinement under those
circumstances, which is fair and appropriate. Finally, to avoid
interference with a ward's application for Special Immigrant
Juvenile Status, the bill requires the ward (and the court) to
be alerted to the fact that an application for such status has
been filed and whether an active juvenile court case is required
for approval of the ward's application.
Writing in support of this bill, the sponsor, Juvenile Court
Judges of California explains the need for the legislation as
follows:
Information such as medication needs, a Social Security
card or copy, a copy of the youth's birth certificate,
driver's license, and a health and education summary should
be in the file. Assistance with obtaining Medi-Cal, and
referrals for assistance for housing, employment, financial
support, and college or vocational school applications are
all resources that most juvenile justice probation
departments have at their disposal. This legislation seeks
a more concerted effort to rally behind a youth prior to
leaving the system and is unlikely to cause a greater
burden for the probation department to document or research
because most of the information is already in the file or
easily obtainable.
Similarly, unlike the services currently required under WIC
Sec. 391 and with the exception of Medi-Cal, AB 2000 does
not propose assistance with certain of the items listed
above but instead proposes referrals for assistance, for
example, a resources print out of options rather than
specific assistance to obtain those services. Medi-Cal
assistance has been included because many youth lose their
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Medi-Cal coverage while incarcerated, and upon exit lack
the resources and information to resume coverage.
Also in support, the National Association of Social Workers
explains why the organization supports AB 2000 as follows:
This bill is important as many of these youth have a
difficult time transitioning into society once they are
released from the juvenile justice system. In fact, 50
percent are rearrested within the first year. Another
large portion of them have a difficult time obtaining
employment and as a result, become homeless. This bill
also includes referrals to assist youth with completing
health insurance applications, obtaining employment, and
obtaining transitional housing. The bill will also assist
youth in applying to colleges and vocational training
programs as well as applying for financial aid.
Likewise, Commonweal writes the following in support of the
bill:
This bill seeks assure transition support for youth under
delinquency jurisdiction that parallels that already
provided in law for transitioning foster youth. Too often,
young people coming off a term of probation or confinement
face an uphill battle to reunite successfully with schools,
jobs and communities. AB 2000 requires the Court, upon
termination of jurisdiction, to verify that the minor has
been provided with identity documents, information about
the court and probation process and referrals or assistance
for Medi-Cal, housing and educational needs. Pending
amendments will further clarify the scope, court role and
materials or services to be provided to young people as
they graduate from court control.
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Expression of Concerns by one Organization and the Author's
Response. The Youth Law Center (YLC) supports the bill, but
expresses some concerns about how the bill was worded when it
was introduced:
We support efforts to improve transition planning and
services for youth in the juvenile justice system.
However, several aspects of the bill as currently written
raise concerns. Probation-supervised foster youth are
entitled to the same transition-planning services and
supports as all other foster youth under current law. We
are concerned that as currently drafted, the bill could be
construed to include probation-supervised foster youth and
reduce the services and supports to those listed in the
bill, which are more limited than those provided to foster
youth. The bill should be amended to clarify that it does
not apply to probation-supervised foster youth.
In addition, the Youth Law Center believes it important
that AB 2000 appropriately balance the goals of ensuring
Probation Departments provide the listed services and
ensuring youth are not unnecessarily subjected to continued
probation supervision just to obtain services. The Youth
Law Center also believes the bill should be amended to
ensure that the services and supports required to be
provided by Probation Departments are carefully tailored to
meet the specific needs of probation-supervised youth,
considering age and transition needs when jurisdiction is
being terminated.
According to YLC, the recent amendments "are certainly a step in
the right direction, they do not fully address our concerns. We
are hopeful that future amendments might permit us to fully
support the bill." In response to YLC's concerns, the author
states the following:
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The intent of the bill is not to reduce benefits or create
any unnecessary barriers for underserved youth. I am
committed to continuing the conversations with stakeholders
to ensure this does not happen.
The author and sponsor intend to continue working with
stakeholders to ensure that this bill will help to empower
probation youth to move forward instead of being at a loss of
where to collect the documents that they need to finish school
or to get employment. This important bill will help ensure that
the juvenile justice system fulfills its obligations to these
youth by launching them with the vital documentation they need
to be productive citizens.
REGISTERED SUPPORT / OPPOSITION:
Support
Juvenile Court Judges of California (sponsor)
Commonweal
National Association of Social Workers
Youth Law Center (if amended)
Opposition
None on file
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Analysis Prepared by:Alison Merrilees / JUD. / (916) 319-2334