BILL ANALYSIS Ó
AB 2000
Page 1
ASSEMBLY THIRD READING
AB
2000 (Campos)
As Amended May 31, 2016
Majority vote
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|Committee |Votes|Ayes |Noes |
| | | | |
| | | | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Judiciary |9-1 |Mark Stone, Wagner, |Gallagher |
| | |Alejo, Chau, Chiu, | |
| | |Cristina Garcia, | |
| | |Holden, Maienschein, | |
| | |Ting | |
| | | | |
|----------------+-----+----------------------+--------------------|
|Appropriations |17-2 |Gonzalez, Bloom, |Bigelow, Gallagher |
| | |Bonilla, Bonta, | |
| | |Calderon, Chang, | |
| | |Daly, Eggman, Eduardo | |
| | |Garcia, Roger | |
| | |Hernández, Holden, | |
| | |Obernolte, Quirk, | |
| | |Santiago, Wagner, | |
| | |Weber, Wood | |
| | | | |
| | | | |
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AB 2000
Page 2
SUMMARY: Requires the juvenile court to conduct a hearing when
terminating jurisdiction over a ward who is 17 years of age or
older, other than a nonminor dependent, 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 who is 17 years of age or older and not a nonminor
dependent until a hearing is conducted pursuant to this bill
and the court finds that one of the following is true:
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 Welfare and Institutions Code (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.
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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
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,
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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 WIC Section 781(h) and including information on
the sealing provisions of WIC Section 786 and any other
applicable provision regarding the sealing of juvenile
records.
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)Allows a Juvenile Court, in its discretion, to make the
information, documents, services, and referrals for service
described above to a ward who is under the age of 17 years.
2)Allows a ward, after having the opportunity to confer with
counsel, the right to waive receipt of the information,
documents, services, and referrals for service described
above.
FISCAL EFFECT: According to the Assembly Appropriations
analysis:
1)Unknown, but likely in the tens of thousands of dollars,
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reimbursable mandate costs for county probation departments to
provide the required information, documents, and services and
to participate in hearings when necessary.
2)Minor and absorbable costs to the courts.
COMMENTS: Current law (WIC Section 391(e)) 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
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
AB 2000
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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 WIC Section 391(e) 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,
this bill 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 WIC Section 391(e). As modified, the documentation should be
readily available to the probation department, if not already
included in the youth's file.
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
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.
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Analysis Prepared by:
Alison Merrilees / JUD. / (916) 319-2334 FN:
0003147