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 AB 2000 Page 2 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: AB 2000 Page 3 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 AB 2000 Page 4 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. AB 2000 Page 5 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 AB 2000 Page 6 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 AB 2000 Page 7 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 AB 2000 Page 8 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 AB 2000 Page 9 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." AB 2000 Page 10 (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 AB 2000 Page 11 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." AB 2000 Page 12 (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 AB 2000 Page 13 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 AB 2000 Page 14 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. AB 2000 Page 15 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: AB 2000 Page 16 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 AB 2000 Page 17 Analysis Prepared by:Alison Merrilees / JUD. / (916) 319-2334