BILL ANALYSIS                                                                                                                                                                                                    



          SENATE COMMITTEE ON APPROPRIATIONS
                             Senator Ricardo Lara, Chair
                            2015 - 2016  Regular  Session

          AB 2000 (Campos) - Wards:  termination of juvenile court  
          jurisdiction
          
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          |Version: May 31, 2016           |Policy Vote: PUB. S. 6 - 0      |
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          |Urgency: No                     |Mandate: Yes                    |
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          |Hearing Date: August 1, 2016    |Consultant: Jolie Onodera       |
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          This bill meets the criteria for referral to the Suspense File.


          Bill  
          Summary:  AB 2000 would prohibit the juvenile court from  
          terminating jurisdiction over a ward who has attained 17 years  
          of age until the court conducts a hearing and finds that the  
          probation department has provided, or made reasonable efforts to  
          provide, specified information, documents, and services to the  
          ward. This bill would authorize a juvenile court at its  
          discretion to make these provisions applicable to a ward under  
          17 years of age, as specified.


          Fiscal  
          Impact:  
            County probation departments  :  One-time and ongoing  
            potentially state-reimbursable costs ranging from the hundreds  
            of thousands to low millions of dollars (General Fund)  
            annually for increased workload related to the mandated  
            hearing process and the provision of the required documents,  
            information, and services to wards. The magnitude of costs  







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            would be dependent on the caseload of wards impacted, and the  
            time required to obtain, or make reasonable efforts to obtain,  
            all of the necessary documents and information, which could  
            vary widely. To the extent courts elect to make the provisions  
            applicable to all wards, regardless of age, ongoing costs to  
            probation departments could be substantial.
            Courts  :  Potential increase in court costs for additional  
            jurisdictional termination hearings (General Fund*), including  
            continuances for cases in which the mandates of the bill are  
            not met.
            Judicial Council  :  One-time minor costs (General Fund*) to  
            develop and implement standards, as well as develop and adopt  
            appropriate forms. 
           
           *Trial Court Trust Fund


          Background:  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. (Welfare and Institutions Code  391  
          (e).)


          This bill seeks to ensure that non-dependent wards are provided  
          with the necessary information, documents, and services upon  
          termination of jurisdiction in the delinquency system, similar  
          to the provisions under existing law that require such  
          information to be provided to foster youth transitioning out of  
          the dependency system.












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          Proposed Law:  
           This bill would prohibit the juvenile court from terminating  
          jurisdiction over a ward who has attained 17 years of age, and  
          who is not subject to Section 607.3, until a hearing is  
          conducted pursuant to this section and the court finds that the  
          following information, documents, and services have been  
          provided 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:
                 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, and the date on which the jurisdiction of the  
               juvenile court would be terminated.


                 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.


                 The following documents:
                  o         Social security card, or a photocopy thereof.
                  o         Certified copy of his or her birth  
                    certificate.
                  o         Health and education summary, if applicable.
                  o         Driver's license or identification card, as  
                    specified.
                  o         A letter prepared by the probation department  
                    that includes the ward's name and date of birth and  
                    the dates during which the ward was within the  
                    jurisdiction of the juvenile court.
                  o         If applicable, the death certificate of the  
                    parent or parents.
                  o         An advance health care directive form.

                 Assistance with completing an application for Medi-Cal  
               or assistance with obtaining other health insurance, unless  
               the ward has health insurance.








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                 Referrals to transitional housing, if available, or  
               referrals to assistance with securing other housing, unless  
               the ward has housing.
                 Referrals for assistance with obtaining employment or  
               other financial support.
                 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.
                 If the ward has been in out-of-home placement for 90  
               days or longer from the date the ward entered foster care  
               or was 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.
                 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.
                 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.

          This bill provides 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 the probation department to comply with the requirements of  
          this section. 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 section. 

          This bill provides that a juvenile court may, in its discretion,  
          make the provision of information, documents, services, and  
          referrals for service required by this section 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 best interest of the ward.

          This bill provides that the ward, after having an opportunity to  
          confer with the ward's counsel, may waive the right to receive  
          the information, documents, services, and referrals for service  
          specified in this section.








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          This bill requires the Judicial Council to develop and implement  
          standards, and develop and adopt appropriate forms, necessary to  
          implement this section.


          Prior  
          Legislation:  SB 945 (Liu) Chapter 631/2010 requires probation  
          and parole officers to provide wards of the court formerly in  
          foster care with notification regarding their eligibility for  
          services and benefits available for former foster youth when the  
          court terminates jurisdiction, or upon release of a ward from a  
          non-foster care facility.


          Staff  
          Comments:  By imposing additional duties on county probation  
          officers, this bill creates a state-mandated local program,  
          potentially resulting in significant ongoing costs, potentially  
          state-reimbursable, to probation departments to meet the  
          mandates in this bill. 
          This bill requires specified documents, information, and  
          services to be provided to a ward 17 years of age or older, and  
          potentially to all wards at court discretion, prior to  
          delinquency jurisdiction being terminated. The workload involved  
          in obtaining, or making reasonable efforts to obtain, the  
          specified documents and information could be significant, and  
          would vary based on numerous factors including but not limited  
          to the circumstances of the ward (as some wards may already be  
          in possession of certain documents), the coordination between  
          probation and other local government agencies to obtain the  
          specified documents, and the time involved for each probation  
          officer to provide the documents and information to the ward, as  
          well as costs for travel, document fees, and overtime. The costs  
          could range from the high hundreds of thousands to low millions  
          of dollars (General Fund) annually for increased workload. To  
          the extent courts elect to make the provisions applicable to all  
          wards, regardless of age, costs to probation departments could  
          be substantially higher.


          Because the provisions of this measure prohibit a ward from  
          being held in physical confinement or subject to any terms or  
          conditions of probation if a continuance of the termination  








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          hearing is required solely for the probation department to  
          comply with the bill's requirements, the CDCR Division of  
          Juvenile Justice (DJJ) should not experience any delays in the  
          release of wards from its facilities nor incur any additional  
          costs for supervision or incarceration.




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