BILL ANALYSIS                                                                                                                                                                                                    Ó



          SENATE COMMITTEE ON HUMAN SERVICES
                               Senator McGuire, Chair
                                2015 - 2016  Regular 

          Bill No:              SB 12
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          |Author:   |Beall                                                 |
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          |----------+-----------------------+-----------+-----------------|
          |Version:  |March 17, 2015         |Hearing    |March 24, 2015   |
          |          |                       |Date:      |                 |
          |----------+-----------------------+-----------+-----------------|
          |Urgency:  |No                     |Fiscal:    |Yes              |
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          |Consultant|Sara Rogers                                           |
          |:         |                                                      |
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                               Subject:  Foster youth


            SUMMARY


          Permits a nonminor who is between the age of 18 and 21, and who  
          was subject to an order for foster care placement, as either a  
          dependent or a ward, at any time after attaining 12 years of age  
          to petition the court to reenter extended foster care.
          
            ABSTRACT
          
          Existing law:

          1)Establishes the California Fostering Connections to Success  
            Act (AB 12, Beall and Bass, Chapter 559 Statutes of 2010),  
            which corresponds with the federal Fostering Connections to  
            Success Act that provides an option for states to receive  
            federal financial participation for federally-eligible  
            nonminor dependents or former dependents of the juvenile court  
            who are between the ages of 18 and 21, and who satisfy certain  
            conditions. (WIC 11403)


          2)Establishes multiple programs of support for dependent or  
            former dependent children and the families that care for them.  
            Each of the federally reimbursed programs has a corollary  
            state-only funded program for children who are not eligible  
            under Aid to Families with Dependent Children (AFDC) income  







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            eligibility criteria from 1996. These programs include: 


                     Aid to Families with Dependent Children-Foster Care  
                 (AFDC-FC); (WIC 11401) 
                     Kinship Guardianship Assistance Payment Program  
                 (Kin-GAP); (WIC 11360; WIC 11385)
                     Adoption Assistance Program (AAP); (WIC 16115)
                     Non Relative Legal Guardianship (NRLG); (WIC 11405)
                     CalWORKs (for non-Title IV-E eligible children in  
                 foster care residing with relatives). (WIC 11250) 


          1)Provides for the voluntary continuation or re-entry into  
            extended foster care for eligible nonminor dependents and  
            former dependents when the nonminor youth has signed a  
            voluntary mutual agreement and meets one or more of the  
            following requirements:


                     The nonminor is completing a high school education  
                 or a program leading to an equivalent credential;
                     The nonminor is enrolled in a postsecondary or  
                 vocational education program;
                     The nonminor is participating in a program or  
                 activity designed to promote, or remove barriers to,  
                 employment;
                     The nonminor is employed at least 80 hours per  
                 month;
                     The nonminor is incapable of doing any of these  
                 activities due to a medical condition and the incapacity  
                 is supported by regularly updated information in the case  
                 plan of the nonminor dependent.  (WIC 11403 (b) and WIC  
                 388.1)


          1)Permits a nonminor former dependent or delinquent who turned  
            18 years of age while under the order of a foster care  
            placement and who is under the age of 21 to petition the court  
            which found the nonminor to be a dependent or delinquent child  
            to resume dependency jurisdiction. (WIC 388)


          2)Establishes that a youth who reaches adulthood while receiving  








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            federal or state Kin-GAP or AAP is only eligible for extended  
            foster care if he or she entered the program after reaching  
            age 16, or at any age, if the child has a qualifying mental or  
            physical disability. (WIC 11362; WIC11386; WIC 11403.01)


          This bill:

          1)Permits a nonminor who is between the age of 18 and 21, and  
            who was subject to an order for foster care placement, as  
            either a dependent or a ward, at any time after attaining 12  
            years of age to petition the court to resume jurisdiction and  
            enter extended foster care.


          2)Makes additional non-substantive technical amendments.

            FISCAL IMPACT
          
          This bill has not been analyzed by a fiscal committee.

            BACKGROUND AND DISCUSSION
          
          Purpose of the bill:

          According to the author, youth who are forced to leave the  
          foster care system at age 18 face significant challenges  
          including high rates of homelessness, incarceration, reliance on  
          public assistance, teen pregnancy, and low rates of high school  
          and postsecondary graduation. The author states that to address  
          the needs of these children, California passed AB 12 (Beall and  
          Bass, Chapter 559, Statutes of 2010) the California Fostering  
          Connections to Success Act, which provided foster youth with the  
          opportunity to remain in foster care for up to three additional  
          years in order to prepare for transition to adult life.


          However, the author states that several small but vulnerable  
          populations of former foster youth are currently excluded from  
          extended foster care. Specifically, the author states that under  
          current law, former foster youth whose caretaker relationship  
          failed soon after the youth reached the age of 18 are excluded  
          from reentering into extended foster care, as are youth who have  
          crossed over from the dependency system to the delinquency  








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          system as teens and were either temporarily in a secure juvenile  
          facility at age 18 or were returned to the home of a relative.











          Juvenile Court


          The Juvenile Court of a county consists of multiple types of  
          proceedings including dependency and delinquency proceedings  
          which make determinations regarding the safety, wellbeing and  
          placement of children found to be under court jurisdiction.

          Juvenile Dependency proceedings, governed by Welfare and  
          Institutions Code (WIC) Section 300, relate to the protection of  
          children who have been, or are at risk of being, abused,  
          neglected, or abandoned by parents or family members. This  
          section of law guides court determinations about the unfitness  
          of the parent or home and whether a minor has suffered, or is at  
          risk of suffering, harm. It permits the court to adjudge a child  
          to be a dependent child of the court, thus enabling a court to  
          take certain actions to protect the child. 


          Juvenile Delinquency proceedings, governed by WIC 602, involve  
          children under the age of 18 alleged to have committed a  
          delinquent act which would be a crime if committed by an adult  
          including robbery, murder, drug offenses and prostitution. Under  
          WIC 602, the court may find a minor to be a ward of the court  
          and place a child under the responsibility of the county  
          probation department. WIC 725 and WIC 790 permit the court to  
          place a delinquent youth on probationary status, and to make a  
          determination of the suitability of a prospective placement - if  
          the home is not deemed a suitable placement, the court may place  
          the youth in the home of someone who is not the parent or legal  
          guardian, in a residential facility such as a group home, or in  








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          a therapeutic facility. 


          A handful of counties have established "dual jurisdiction"  
          proceedings, which permit a youth to maintain both dependency  
          and delinquency status simultaneously, however in most counties,  
          the establishment of delinquency status requires the termination  
          of dependency status.  However, existing law under WIC 241.1,  
          requires counties to develop joint written protocols between the  
          two systems to determine which status will serve the best  
          interests of the minor and the protection of society. The  
          recommendations of both departments are presented to the  
          Juvenile Court with the petition that is filed on behalf of the  
          minor, and the court determines which status is appropriate for  
          the minor. Implementation of WIC 241.1 has been inconsistent  
          throughout the state, and has not resolved the difficulties that  
          "cross over" youth face.

          Cross-Over Youth


          Supporters of this legislation include legal aide organizations  
          that serve the needs of transition-aged youth who often face  
          homelessness and other challenges. These supporters state that  
          many of the youth they serve "crossed over" from the dependency  
          system into the delinquency system, often for small offenses,  
          and were never returned to dependency status, nor were safely  
          reunited with a parent or legal guardian. Instead, these youth  
          are often placed with a relative, another caregiver, or --  
          unsafely -- with a parent who had previously lost custody of the  
          child. These placements leave the youth and caregivers  without  
          the numerous services and supports that would have been provided  
          had the youth resumed dependency jurisdiction, or been placed  
          into an approved foster care placement by the probation officer.  
          It also and prevents the youth from petitioning the court later  
          to enter extended foster care. 


          According to the Youth Law Center, a sponsor of this bill, in  
          most counties, there is no system to formally or informally  
          identify a youth in the delinquency system as having come from  
          dependency, and the court often lacks information about the  
          original circumstances warranting the child's initial removal  
          from home.








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          Youth Law Center additionally cites a study of child welfare and  
          probation supervised youth that existed Los Angeles County's  
          juvenile court system which found that youth that crossed over  
          from dependency to delinquency experienced negative outcomes at  
          twice the rate of youth coming into contact with only child  
          welfare or probation. YLC states that the study reveals that  
          crossover youth are twice as likely to be heavy users of public  
          systems, three times as likely to experience a jail stay, one  
          and a half times more likely to receive General Relief, and 50  
          percent less likely to be consistently employed than other  
          groups of former foster youth.


          Additionally, in many cases, supporters state that placing a  
          child in an informal custodial relationship may leave the child  
          vulnerable to losing the ongoing support of the custodial  
          caregiver, and becoming homeless, dropping out of school, etc.  
          Although probation departments are able to approve a relative's  
          home as a foster home, thus entitling the youth and the family  
          to Title 4-E foster care services, including AB 12 benefits, in  
          many cases the child is placed with the relative informally.  


          Existing law, under WIC 1700, stresses the intended  
          rehabilitative (as opposed to retributive) purpose of the  
          state's juvenile justice system in ensuring the protection of  
          society from criminal activity of juveniles, however a juvenile  
          hall is generally analogous to county jails and advocates  
          maintain that rehabilitative treatments and educational  
          opportunities are highly variable across county jurisdictions.


          Unlike the CWS, which is county-run but governed by an extensive  
          state and federal regulatory and quality assurance structure  
          under the Department of Social Services and the federal  
          Administration for Children and Families, county probation  
          systems have no analogous statewide oversight and quality  
          assurance mechanism for the programmatic components of the  
          system. The Corrections Standards Authority (CSA) enforces  
          minimum regulatory standards for both adult and juvenile  
          detention facilities pursuant to the California Code of  
          Regulations, Title 15, however, the programmatic elements of  








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          probation departments are highly varied in scope and quality.
          
          Prior legislation:

          AB 12 (Beall and Bass, Chapter 559, Statutes of 2010)  
          established the California Fostering Connections to Success Act,  
          which extended transitional foster care services to eligible  
          youth between ages 18 and 21 and required California to seek  
          federal financial participation for the Kinship Guardianship  
          Assistance Program (Kin-GAP).


          AB 212 (Beall, Chapter 459, Statutes of 2011) made technical and  
          clarifying changes to the California Fostering Connections to  
          Success Act (AB 12).


          AB 1712 (Beall, Chapter 846, Statutes of 2012) expanded the  
          definition of relative caregiver to include nonrelative extended  
          family members and tribal members and made other technical and  
          clarifying changes to the California Fostering Connections to  
          Success Act (AB 12).


          AB 787 (Stone, Chapter 487, Statutes of 2013) among other  
          provisions, allows re-entry into nonminor dependency for  
          nonminor former dependents who reached permanency and whose  
          guardian died before their 21st birthday.

          AB 985 (Cooley, 2013) would have expanded eligibility for  
          extended state Kin-GAP benefits to age 21 to youth who attain 18  
          years of age while receiving federal or state KinGAP benefits  
          and who entered the program prior to reaching the age of 16,  
          subject to specified criteria. This bill was held on suspense in  
          Senate Appropriations Committee.

          AB 2454 (Quirk-Silva, Chapter 769, Statutes of 2014) permitted a  
          nonminor former dependent who previously received extended  
          Kinship Guardianship Assistance Payment (Kin-GAP) or Adoption  
          Assistance Payment (AAP), but whose former guardians are no  
          longer providing support to the nonminor, to petition the court  
          to resume dependency under the extended foster care program.
          
           COMMENTS








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          The bill, as drafted, would provide any youth who had ever been  
          subject to a foster care placement order, whether as a dependent  
          or delinquent, at any time after the age of 12, to petition to  
          re-enter foster care, regardless of the circumstances of the  
          youth and their involvement in either system. 

          In 2014, CDSS reports there were 4,100 probation-supervised  
          foster youth, with more than 2,600 between the ages of 11-17. In  
          addition, there are nearly 20,000 child welfare supervised  
          foster youth between the ages of 11-17. Senate Appropriations  
          has estimated the state cost to providing extended foster care  
          benefits to a nonminor dependent to be in the range of $78,000  
          to $103,000 (General Fund) per year for each nonminor. 


          Staff recommends the bill be narrowed in accordance with the  
          attached mock up to more precisely capture the population of  
          cross-over youth that the author intended to address -  
          specifically, delinquent youth who have been subject to an order  
          for foster care placement and were never safely reunited with a  
          parent or legal guardian, either because the youth happened to  
          have been placed in a locked facility on their 18th birthday, or  
          because the youth was informally placed in the home of a  
          relative, both circumstances having the effect of depriving  
          youth access to numerous foster care services and supports,  
          including AB 12, that are essential to their successful  
          transition to adulthood.

            POSITIONS
                                          
          Support:

               Youth Law Center (Sponsor)
               Advokids
               Alliance for Children's Rights
               California Coalition for Youth
               California Youth Connection
               Children Now
               Children's Defense Fund
               Children's Rights Project at Public Counsel
               Court Appointed Special Advocates for Children of Santa  
               Cruz County
               Court Appointed Special Advocates for Children of Ventura  








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               County
               East Bay Children's Law Offices
               East Bay Community Law Center
               First Place for Youth
               Frontier High School in the Whittier Union School District
               National Foster Youth Institute
               Legal Services for Children
          
               
          Oppose:   
               Chief Probation Officers of California


                                      -- END -






































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                  Amendments Mock-up for 2015-2016 SB-12 (Beall (S))  
                                           
                       *********Amendments are in BOLD*********
                                          
             Mock-up based on Version Number 97 - Amended Senate 3/17/15
                        Submitted by: Staff Name, Office Name
          

            
             The people of the State of California do enact as follows:

          SECTION 1. Section 303 of the Welfare and Institutions Code is  
          amended to read:
            

          303. (a) The court may retain jurisdiction over any person who  
          is found to be a ward or a dependent child of the juvenile court  
          until the ward or dependent child attains the age of 21 years.

          (b) The court shall have within its jurisdiction any nonminor  
          dependent, as defined in subdivision (v) of Section 11400. The  
          court may terminate its dependency, delinquency, or transition  
          jurisdiction over the nonminor dependent between the time the  
          nonminor reaches the age of majority and 21 years of age. If the  
          court terminates dependency, delinquency, or transition  
          jurisdiction, the nonminor dependent shall remain under the  
          general jurisdiction of the court in order to allow for a  
          petition under subdivision (e) of Section 388.
          (c) A nonminor who has not yet attained 21 years of age and who  
           meets any of the following conditions  may petition the court  








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          pursuant to subdivision (e) of Section 388 to resume dependency  
          jurisdiction over himself or herself or to assume transition  
          jurisdiction over himself or herself pursuant to Section 450:  
            was previously under the jurisdiction of the juvenile court  
          subject to an order for foster care placement at any time after  
          attaining 12 years of age,   
           (1) Exited foster care at or after the age of majority. 
          (2) Was subject to an order for foster care placement any time  
          after reaching the age of 14, and was adjudged a ward pursuant  
          to Section 725, and the last custody order of the court did not  
          return the child to the physical custody of his or her parent or  
          legal guardian.
          (3) Was subject to an order for foster care placement, and was  
          adjudged a ward pursuant to Section 725, and was a ward at 18  
          years, and was in secure confinement  .

          (d) (1) Nothing in this code, including, but not limited to,  
          Sections 340, 366.27, and 369.5, shall be construed to provide  
          legal custody of a person who has attained 18 years of age to  
          the county welfare or probation department or to otherwise  
          abrogate any other rights that a person who has attained 18  
          years of age may have as an adult under California law. A  
          nonminor dependent shall retain all of his or her legal  
          decisionmaking authority as an adult. The nonminor shall enter  
          into a mutual agreement for placement, as described in  
          subdivision (u) of Section 11400, unless the nonminor dependent  
          is incapable of making an informed agreement, or a voluntary  
          reentry agreement, as described in subdivision (z) of Section  
          11400, for placement and care in which the nonminor consents to  
          placement and care in a setting supervised by, and under the  
          responsibility of, the county child welfare services department,  
          the county probation department, or Indian tribe, tribal  
          organization, or consortium of tribes that entered into an  
          agreement pursuant to Section 10553.1.

          (2) A nonminor dependent who remains under delinquency  
          jurisdiction in order to complete his or her rehabilitative  
          goals and is under a foster care placement order is not required  
          to complete the mutual agreement as described in subdivision (u)  
          of Section 11400. His or her adult decisionmaking authority may  
          be limited by and subject to the care, supervision, custody,  
          conduct, and maintenance orders as described in Section 727.

          (e) Unless otherwise specified, the rights of a dependent child  








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          and the responsibilities of the county welfare or probation  
          department, or tribe, and other entities, toward the child and  
          family, shall also apply to nonminor dependents.

          SEC. 2. Section 388 of the Welfare and Institutions Code is  
          amended to read:
            
          388. (a) (1) Any parent or other person having an interest in a  
          child who is a dependent child of the juvenile court or a  
          nonminor dependent as defined in subdivision (v) of Section  
          11400, or the child himself or herself or the nonminor dependent  
          through a properly appointed guardian may, upon grounds of  
          change of circumstance or new evidence, petition the court in  
          the same action in which the child was found to be a dependent  
          child of the juvenile court or in which a guardianship was  
          ordered pursuant to Section 360 for a hearing to change, modify,  
          or set aside any order of court previously made or to terminate  
          the jurisdiction of the court. The petition shall be verified  
          and, if made by a person other than the child or the nonminor  
          dependent shall state the petitioner's relationship to or  
          interest in the child or the nonminor dependent and shall set  
          forth in concise language any change of circumstance or new  
          evidence that is alleged to require the change of order or  
          termination of jurisdiction.

          (2) When any party, including a child who is a dependent of the  
          juvenile court, petitions the court prior to an order  
          terminating parental rights, to modify the order that  
          reunification services were not needed pursuant to paragraphs  
                                                   (4), (5), and (6) of subdivision (b) of Section 361.5, or to  
          modify any orders related to custody or visitation of the  
          subject child, and the court orders a hearing pursuant to  
          subdivision (d), the court shall modify the order that  
          reunification services were not needed pursuant to paragraphs  
          (4), (5), and (6) of subdivision (b) of Section 361.5, or any  
          orders related to the custody or visitation of the child for  
          whom reunification services were not ordered pursuant to  
          paragraphs (4), (5), and (6) of subdivision (b) of Section  
          361.5, only if the court finds by clear and convincing evidence  
          that the proposed change is in the best interests of the child.

          (b) (1) Any person, including a child or a nonminor dependent  
          who is a dependent of the juvenile court, may petition the court  
          to assert a relationship as a sibling related by blood,  








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          adoption, or affinity through a common legal or biological  
          parent to a child who is, or is the subject of a petition for  
          adjudication as, a dependent of the juvenile court, and may  
          request visitation with the dependent child, placement with or  
          near the dependent child, or consideration when determining or  
          implementing a case plan or permanent plan for the dependent  
          child or make any other request for an order which may be shown  
          to be in the best interest of the dependent child.

          (2) A child or nonminor dependent who is a dependent of the  
          juvenile court may petition the court to assert a relationship  
          as a sibling related by blood, adoption, or affinity through a  
          common legal or biological parent to a child who is in the  
          physical custody of a common legal or biological parent, and may  
          request visitation with the nondependent sibling in parental  
          custody.

          (3) Pursuant to subdivision (b) of Section 16002, a request for  
          sibling visitation may be granted unless it is determined by the  
          court that sibling visitation is contrary to the safety and  
          well-being of any of the siblings.

          (4) The court may appoint a guardian ad litem to file the  
          petition for a dependent child asserting a sibling relationship  
          pursuant to this subdivision if the court determines that the  
          appointment is necessary for the best interests of the dependent  
          child. The petition shall be verified and shall set forth the  
          following:

          (A) Through which parent he or she is related to the sibling.

          (B) Whether he or she is related to the sibling by blood,  
          adoption, or affinity.

          (C) The request or order that the petitioner is seeking.

          (D) Why that request or order is in the best interest of the  
          dependent child.

          (c) (1) Any party, including a child who is a dependent of the  
          juvenile court, may petition the court, prior to the hearing set  
          pursuant to subdivision (f) of Section 366.21 for a child  
          described by subparagraph (A) of paragraph (1) of subdivision  
          (a) of Section 361.5, or prior to the hearing set pursuant to  








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          subdivision (e) of Section 366.21 for a child described by  
          subparagraph (B) or (C) of paragraph (1) of subdivision (a) of  
          Section 361.5, to terminate court-ordered reunification services  
          provided under subdivision (a) of Section 361.5 only if one of  
          the following conditions exists:

          (A) It appears that a change of circumstance or new evidence  
          exists that satisfies a condition set forth in subdivision (b)  
          or (e) of Section 361.5 justifying termination of court-ordered  
          reunification services.

          (B) The action or inaction of the parent or guardian creates a  
          substantial likelihood that reunification will not occur,  
          including, but not limited to, the parent's or guardian's  
          failure to visit the child, or the failure of the parent or  
          guardian to participate regularly and make substantive progress  
          in a court-ordered treatment plan.

          (2) In determining whether the parent or guardian has failed to  
          visit the child or participate regularly or make progress in the  
          treatment plan, the court shall consider factors that include  
          but are not limited to, the parent's or guardian's  
          incarceration, institutionalization, detention by the United  
          States Department of Homeland Security, deportation, or  
          participation in a court-ordered residential substance abuse  
          treatment program.

          (3) The court shall terminate reunification services during the  
          above-described time periods only upon a finding by a  
          preponderance of evidence that reasonable services have been  
          offered or provided, and upon a finding of clear and convincing  
          evidence that one of the conditions in subparagraph (A) or (B)  
          of paragraph (1) exists.

          (4) Any party, including a nonminor dependent, as defined in  
          subdivision (v) of Section 11400, may petition the court prior  
          to the review hearing set pursuant to subdivision (d) of Section  
          366.31 to terminate the continuation of court-ordered family  
          reunification services for a nonminor dependent who has attained  
          18 years of age. The court shall terminate family reunification  
          services to the parent or guardian if the nonminor dependent or  
          parent or guardian are not in agreement that the continued  
          provision of court-ordered family reunification services is in  
          the best interests of the nonminor dependent.








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          (5) If the court terminates reunification services, it shall  
          order that a hearing pursuant to Section 366.26 be held within  
          120 days. On and after January 1, 2012, a hearing pursuant to  
          Section 366.26 shall not be ordered if the child is a nonminor  
          dependent. The court may order a nonminor dependent who is  
          otherwise eligible to AFDC-FC benefits pursuant to Section 11403  
          to remain in a planned, permanent living arrangement.

          (d) If it appears that the best interests of the child or the  
          nonminor dependent may be promoted by the proposed change of  
          order, modification of reunification services, custody, or  
          visitation orders concerning a child for whom reunification  
          services were not ordered pursuant to paragraphs (4), (5), and  
          (6) of subdivision (b) of Section 361.5, recognition of a  
          sibling relationship, termination of jurisdiction, or clear and  
          convincing evidence supports revocation or termination of  
          court-ordered reunification services, the court shall order that  
          a hearing be held and shall give prior notice, or cause prior  
          notice to be given, to the persons and in the manner prescribed  
          by Section 386, and, in those instances in which the manner of  
          giving notice is not prescribed by those sections, then in the  
          manner the court prescribes.

          (e) (1) A nonminor  who meets one of the following conditions  or  
          the county child welfare services, probation department, or  
          tribal placing agency on behalf of the nonminor, may petition  
          the court in the same action in which the child was found to be  
          a dependent or delinquent child of the juvenile court, for a  
          hearing to resume the dependency jurisdiction over a former  
          dependent or to assume or resume transition jurisdiction over a  
          former delinquent ward pursuant to Section 450. The petition  
          shall be filed within the period that the nonminor is of the age  
          described in this paragraph. If the nonminor has completed the  
          voluntary reentry agreement, as described in subdivision (z) of  
          Section 11400, with the placing agency, the agency shall file  
          the petition on behalf of the nonminor within 15 judicial days  
          of the date the agreement was signed unless the nonminor elects  
          to file the petition at an earlier date.

           (i)    who    The nonminor  attained  18 years of age while subject to  
          an order for foster care placement and has not reached the age  
          of 21 years  for whom the court has dismissed dependency  
          jurisdiction pursuant to Section 391, or delinquency  








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          jurisdiction pursuant to Section 607.2, or transition  
          jurisdiction pursuant to Section 452, but has retained general  
          jurisdiction under subdivision (b) of Section 303.   12 years of  
          age while subject to an order for foster care placement and who  
          has not attained 21 years of age    
           (ii)   The nonminor has not reached the age of 21 years, was  
          subject to an order for foster care placement any time after  
          reaching the age of 14, and was adjudged a ward pursuant to  
          Section 725, and the last custody order of the court did not  
          return the child to the physical custody of his or her parent or  
          legal guardian, or;
          (iii) The nonminor has not reached the age of 21 years, was  
          subject to an order for foster care placement, and was adjudged  
          a ward pursuant to Section 725, and was a ward at 18 years, and  
          was in secure confinement. 

           (2) (A) The petition to resume jurisdiction may be filed in the  
          juvenile court that retains general jurisdiction under  
          subdivision (b) of Section 303, or the petition may be submitted  
          to the juvenile court in the county where the youth resides and  
          forwarded to the juvenile court that retained general  
          jurisdiction and filed with that court. The juvenile court  
          having general jurisdiction under Section 303 shall receive the  
          petition from the court where the petition was submitted within  
          five court days of its submission, if the petition is filed in  
          the county of residence. The juvenile court that retained  
          general jurisdiction shall order that a hearing be held within  
          15 judicial days of the date the petition was filed if there is  
          a prima facie showing that the nonminor satisfies the following  
          criteria:

          (i) He or she was previously under juvenile court jurisdiction,  
           has not reached the age of 21 years, and meets one of the  
          following conditions:
                             Was subject to an order for foster care  
                    placement when he or she attained 18 years of age,  
                            Was subject to an order for foster care  
                    placement at any time after reaching the age of 14,  
                    and was adjudged a ward pursuant to Section 725, and  
                    the last custody order of the court did not return the  
                    child to the physical custody of his or her parent or  
                    legal guardian.  
                            Was subject to an order for foster care  
                    placement, and was adjudged a ward pursuant to Section  








          SB 12 (Beall)                                           Page 17  
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                    725, and was a ward at 18 years, and was in secure  
                    confinement.  
            
          subject to an order for foster care placement at any time after  
          the youth attained 12 years of age, and has not attained the age  
          limit described in paragraph (1).  

          (ii) He or she intends to satisfy at least one of the conditions  
          set forth in paragraphs (1) to (5), inclusive, of subdivision  
          (b) of Section 11403.

          (iii) He or she wants assistance either in maintaining or  
          securing appropriate supervised placement, or is in need of  
          immediate placement and agrees to supervised placement pursuant  
          to the voluntary reentry agreement as described in subdivision  
          (z) of Section 11400.

          (B) Upon ordering a hearing, the court shall give prior notice,  
          or cause prior notice to be given, to the persons and by the  
          means prescribed by Section 386, except that notice to parents  
          or former guardians shall not be provided unless the nonminor  
          requests, in writing on the face of the petition, notice to the  
          parents or former guardians.

          (3) The Judicial Council, by January 1, 2012, shall adopt rules  
          of court to allow for telephonic appearances by nonminor former  
          dependents or delinquents in these proceedings, and for  
          telephonic appearances by nonminor dependents in any proceeding  
          in which the nonminor dependent is a party, and he or she  
          declines to appear and elects a telephonic appearance.

          (4) Prior to the hearing on a petition to resume dependency  
          jurisdiction or to assume or resume transition jurisdiction, the  
          court shall order the county child welfare or probation  
          department to prepare a report for the court addressing whether  
          the nonminor intends to satisfy at least one of the criteria set  
          forth in subdivision (b) of Section 11403. When the  
          recommendation is for the nonminor dependent to be placed in a  
          setting where minor dependents also reside, the results of a  
          background check of the petitioning nonminor conducted pursuant  
          to Section 16504.5, may be used by the placing agency to  
          determine appropriate placement options for the nonminor. The  
          existence of a criminal conviction is not a bar to eligibility  
          for reentry or resumption of dependency jurisdiction or the  








          SB 12 (Beall)                                           Page 18  
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          assumption or resumption of transition jurisdiction over a  
          nonminor.

          (5) (A) The court shall resume dependency jurisdiction over a  
          former dependent or assume or resume transition jurisdiction  
          over a former delinquent ward pursuant to Section 450, and order  
          that the nonminor's placement and care be under the  
          responsibility of the county child welfare services department,  
          the probation department, tribe, consortium of tribes, or tribal  
          organization, if the court finds all of the following:

          (i) The nonminor  meets one of the following conditions:
                            Was previously under juvenile court  
                    jurisdiction subject to an order for foster care  
                    placement   at any time after he or she attained 12  
                    years of age  when he or she attained 18 years of age  
                    or;  
                            Was subject to an order for foster care  
                    placement any time after reaching the age of 14, and  
                    was adjudged a ward pursuant to Section 725, and the  
                    last custody order of the court did not return the  
                    child to the physical custody of his or her parent or  
                    legal guardian or;  
                            Was subject to an order for foster care  
                    placement, and was adjudged a ward pursuant to Section  
                    725, and was a ward at 18 years, and was in secure  
                    confinement.  

          (ii) The nonminor has not attained the age limit described in  
          paragraph (1).

          (iii) Reentry and remaining in foster care are in the nonminor's  
          best interests.

          (iv) The nonminor intends to satisfy, and agrees to satisfy, at  
          least one of the criteria set forth in paragraphs (1) to (5),  
          inclusive, of subdivision (b) of Section 11403, and demonstrates  
          his or her agreement to placement in a supervised setting under  
          the placement and care responsibility of the placing agency and  
          to satisfy the criteria by signing the voluntary reentry  
          agreement as described in subdivision (z) of Section 11400.

          (B) In no event shall the court grant a continuance that would  
          cause the hearing to resume dependency jurisdiction or to assume  








          SB 12 (Beall)                                           Page 19  
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          or resume transition jurisdiction to be completed more than 120  
          days after the date the petition was filed.

          (C) The agency made responsible for the nonminor's placement and  
          care pursuant to subparagraph (A) shall prepare a new  
          transitional independent living case plan within 60 calendar  
          days from the date the nonminor signed the voluntary reentry  
          agreement as described in subdivision (z) of Section 11400 and  
          submit it to the court for the review hearing under Section  
          366.31, to be held within 70 days of the resumption of  
          dependency jurisdiction or assumption or resumption of  
          transition jurisdiction. In no event shall the review hearing  
          under Section 366.3 be held more than 170 calendar days from the  
          date the nonminor signed the voluntary reentry agreement.

          SEC. 3. Section 388.1 of the Welfare and Institutions Code is  
          amended to read:
            
          388.1. (a) On and after January 1, 2014, a nonminor who has not  
          attained 21 years of age may petition the court in which he or  
          she was previously found to be a dependent or delinquent child  
          of the juvenile court for a hearing to determine whether to  
          assume dependency jurisdiction over the nonminor, if he or she  
          meets any of the following descriptions:

          (1) He or she is a nonminor former dependent, as defined in  
          subdivision (aa) of Section 11400, who received aid after  
          attaining 18 years of age under Kin-GAP pursuant to Article 4.5  
          (commencing with Section 11360) or Article 4.7 (commencing with  
          Section 11385) of Chapter 2 of Part 3 of Division 9, or pursuant  
          to subdivision (e) of Section 11405, and whose former guardian  
          or guardians died after the nonminor attained 18 years of age,  
          but before he or she attains 21 years of age.

          (2) He or she is a nonminor former dependent, as defined in  
          subdivision (aa) of Section 11400, who received aid after  
          attaining 18 years of age under Kin-GAP pursuant to Article 4.5  
          (commencing with Section 11360) or Article 4.7 (commencing with  
          Section 11385) of Chapter 2 of Part 3 of Division 9, or pursuant  
          to subdivision (e) of Section 11405, and whose former guardian  
          or guardians no longer provide ongoing support to, and no longer  
          receive aid on behalf of, the nonminor after the nonminor  
          attained 18 years of age, but before he or she attains 21 years  
          of age.








          SB 12 (Beall)                                           Page 20  
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          (3) He or she is a nonminor who received adoption assistance  
          payments after attaining 18 years of age pursuant to Chapter 2.1  
          (commencing with Section 16115) of Part 4 of Division 9 and his  
          or her adoptive parent or parents died after the nonminor  
          attained 18 years of age, but before he or she attains 21 years  
          of age.

          (4) He or she is a nonminor who received adoption assistance  
          payments after attaining 18 years of age pursuant to Chapter 2.1  
          (commencing with Section 16115) of Part 4 of Division 9 and his  
          or her adoptive parent or parents no longer provide ongoing  
          support to, and no longer receive aid on behalf of, the nonminor  
          after the nonminor attained 18 years of age, but before he or  
          she attains 21 years of age.

            (5) He or she is a nonminor who was previously under the  
          jurisdiction of the juvenile court subject to an order for  
          foster care placement at any time after he or she attained 12  
          years of age and who has not attained 21 years of age.
            
           (5) He or she was subject to an order for foster care placement  
          any time after reaching the age of 14, and was adjudged a ward  
          pursuant to Section 725, and the last custody order of the court  
          did not return the child to the physical custody of his or her  
          parent or legal guardian and he or she has not reached the age  
          of 21 years.

          (6) He or she was subject to an order for foster care placement,  
          and was adjudged a ward pursuant to Section 725, and was a ward  
          at 18 years and was in secure confinement, and has not reached  
          the age of 21 years.
           
          (b) (1) The petition to assume jurisdiction may be filed in  
          either of the following:

          (A) The juvenile court that established the guardianship  
          pursuant to Section 360, Section 366.26, or subdivision (d) of  
          Section 728.

          (B) The juvenile court that had jurisdiction over the minor or  
          nonminor dependent when his or her adoption was finalized.

          (2) A nonminor described in subdivision (a) may submit a  








          SB 12 (Beall)                                           Page 21  
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          petition to assume dependency jurisdiction to the juvenile court  
          in the county where he or she resides. A petition submitted  
          pursuant to this paragraph shall, within five days of  
          submission, be forwarded to the court that had jurisdiction over  
          the child at the time of the guardianship or adoption. The clerk  
          of the court that had jurisdiction over the child at the time of  
          the guardianship or adoption shall file the petition within one  
          judicial day of receipt.

          (c) (1) The juvenile court in which the petition was filed shall  
          order a hearing to be held within 15 judicial days of the date  
          the petition was filed if there is a prima facie showing that  
          the nonminor satisfies all of the following criteria:

          (A) He or she was a minor under juvenile court jurisdiction at  
          the time of the establishment of a guardianship pursuant to  
          Section 360, Section 366.26, or subdivision (d) of Section 728,  
          or he or she was a minor or nonminor dependent when his or her  
          adoption was finalized.

          (B) (i) His or her guardian or guardians, or adoptive parent or  
          parents, as applicable, died after the nonminor attained 18  
          years of age, but before he or she attained 21 years of age.

          (ii) His or her guardian or guardians, or adoptive parent or  
          parents, as applicable, no longer provide ongoing support to,  
          and no longer receive aid on behalf of, the nonminor after the  
          nonminor attained 18 years of age, but before he or she attained  
          21 years of age, and it may be in the nonminor's best interest  
          for the court to assume dependency jurisdiction.

          (C) He or she intends to satisfy at least one of the conditions  
          set forth in paragraphs (1) to (5), inclusive, of subdivision  
          (b) of Section 11403.

          (D) He or she is requesting assistance in maintaining or  
          securing appropriate supervised placement, or needs immediate  
          placement and agrees to supervised placement pursuant to the  
          voluntary reentry agreement described in subdivision (z) of  
          Section 11400.

          (2) Upon ordering a hearing, the court shall give prior notice,  
          or cause prior notice to be given, to the nonminor, the  
          appropriate child welfare agency or probation department, and  








          SB 12 (Beall)                                           Page 22  
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          any other person requested by the nonminor in the petition.

          (3) Pursuant to applicable rules of court, the juvenile court  
          shall allow for telephonic appearances by the nonminor in these  
          proceedings and in any proceeding in which the nonminor  
          dependent is a party.

          (4) Prior to the hearing, the court shall order the county child  
          welfare or probation department to prepare a report for the  
          court that addresses both of the following:

          (A) The nonminor's plans to satisfy at least one of the criteria  
          set forth in paragraphs (1) to (5), inclusive, of subdivision  
          (b) of Section 11403.

          (B) The appropriate placement setting for the nonminor. When the  
          recommendation is for the nonminor to be placed in a setting  
          where minor dependents also reside, the results of a background  
                                     check of the petitioning nonminor conducted pursuant to Section  
          16504.5 may be used by the placing agency to determine  
          appropriate placement options for him or her.

          (5) The court shall assume dependency jurisdiction over a former  
          dependent or ward, and order his or her placement and care be  
          under the responsibility of the county child welfare services  
          department, the probation department, tribe, consortium of  
          tribes, or tribal organization, if the court finds all of the  
          following:

          (A) The nonminor was a minor under juvenile court jurisdiction  
          at the time of the establishment of a guardianship pursuant to  
          Section 360, Section 366.26, or subdivision (d) of Section 728,  
          or he or she was a dependent at the time his or her adoption was  
          finalized.

          (B) The nonminor's guardian or guardians, or adoptive parent or  
          parents, as applicable, have died, or no longer provide ongoing  
          support to, and no longer receive aid on behalf of, the  
          nonminor, and it is in the nonminor's best interests for the  
          court to assume dependency jurisdiction.

          (C) The nonminor has not attained 21 years of age.

          (D) Reentry and remaining in foster care are in the nonminor's  








          SB 12 (Beall)                                           Page 23  
          of ?
          
          
          best interests.

          (E) The nonminor intends to satisfy, and agrees to satisfy, at  
          least one of the criteria set forth in paragraphs (1) to (5),  
          inclusive, of subdivision (b) of Section 11403, and demonstrates  
          his or her agreement to placement in a supervised setting under  
          the placement and care responsibility of the placing agency by  
          signing the voluntary reentry agreement described in subdivision  
          (z) of Section 11400.

          (6) The existence of a criminal conviction is not a bar to  
          eligibility for reentry to foster care or assumption of  
          dependency jurisdiction over a nonminor.

          (7) The court shall not grant a continuance that would cause the  
          hearing to be completed more than 120 days after the date the  
          petition is filed.

          (d) The agency made responsible for the nonminor's placement and  
          care pursuant to paragraph (5) of subdivision (c) shall prepare  
          a new transitional independent living case plan within 60  
          calendar days of the date the nonminor signs the voluntary  
          reentry agreement and shall submit the plan to the court for the  
          review hearing specified in Section 366.31, to be held within 70  
          days of the assumption of dependency jurisdiction. The review  
          hearing under Section 366.31 shall not be held more than 170  
          calendar days from the date the nonminor signs the voluntary  
          reentry agreement.

          (e) (1) A nonminor described in subdivision (a) may enter into a  
          voluntary reentry agreement as defined in subdivision (z) of  
          Section 11400 in order to establish eligibility for foster care  
          benefits under subdivision (e) of Section 11401 before or after  
          filing a petition to assume dependency jurisdiction. If the  
          nonminor enters into a voluntary reentry agreement prior to  
          filing the petition, the nonminor is entitled to placement and  
          supervision pending the court's assumption of jurisdiction.

          (2) If the nonminor completes a voluntary reentry agreement with  
          a placing agency, the placing agency shall file the petition to  
          assume dependency jurisdiction on behalf of the nonminor within  
          15 judicial days of the date the agreement is signed, unless the  
          nonminor elects to file the petition at an earlier date.









          SB 12 (Beall)                                           Page 24  
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          SEC. 4. Section 450 of the Welfare and Institutions Code is  
          amended to read:

          450. (a) A minor or nonminor who satisfies all of the following  
          criteria is within the transition jurisdiction of the juvenile  
          court:

          (1) (A)  (i)  The minor is a ward who is older than 17 years and 5  
          months of age and younger than 18 years of age and in foster  
          care placement, or  ;  
           (ii)  The nonminor is a ward in foster care placement who was a  
          ward subject to an order for foster care placement at any time  
          after the youth attained 12 years of age and who has not  
          attained 21 years of age  or;
          (iii) The non-minor was subject to an order for foster care  
          placement any time after reaching the age of 14, and was  
          adjudged a ward pursuant to Section 725, and the last custody  
          order of the court did not return the child to the physical  
          custody of his or her parent or legal guardian and has not  
          attained the age of 21 years or; 
          (iv) The non-minor was subject to an order for foster care  
          placement, and was adjudged a ward pursuant to Section 725, and  
          was a ward at 18 years, and was in secure confinement and has  
          not attained 21 years of age. 

          (B) Notwithstanding subparagraph (A), the nonminor is a ward who  
          has been receiving aid pursuant to Article 5 (commencing with  
          Section 11400) of Chapter 2 of Part 3 of Division 9 and who may  
          continue to receive aid under the applicable program, provided  
          that the nonminor dependent continues to meet all other  
          applicable eligibility requirements as specified in Section  
          11403.

          (2) The ward meets either of the following conditions:

          (A) The ward was removed from the physical custody of his or her  
          parents or legal guardian, adjudged to be a ward of the juvenile  
          court under Section 725, and ordered into foster care placement  
          as a ward.

          (B) The ward was removed from the custody of his or her parents  
          or legal guardian as a dependent of the court with an order for  
          foster care placement as a dependent in effect at the time the  
          court adjudged him or her to be a ward of the juvenile court  








          SB 12 (Beall)                                           Page 25  
          of ?
          
          
          under Section 725.

          (3) The rehabilitative goals of the minor or nonminor, as set  
          forth in the case plan, have been met, and juvenile court  
          jurisdiction over the minor or nonminor as a ward is no longer  
          required.

          (4) (A) If the ward is a minor, reunification services have been  
          terminated; the matter has not been set for a hearing for  
          termination of parental rights pursuant to Section 727.3 or for  
          the establishment of guardianship pursuant to Section 728; the  
          return of the child to the physical custody of the parents or  
          legal guardian would create a substantial risk of detriment to  
          the child's safety, protection, or physical or emotional  
          well-being; and the minor has indicated an intent to sign a  
          mutual agreement, as described in subdivision (u) of Section  
          11400, with the responsible agency for placement in a supervised  
          setting as a nonminor dependent.

          (B) If the ward is a nonminor, he or she has signed a mutual  
          agreement, as described in subdivision (u) of Section 11400,  
          with the responsible agency for placement in a supervised  
          setting as a nonminor dependent or has signed a voluntary  
          reentry agreement, as described in subdivision (z) of Section  
          11400 for placement in a supervised setting as a nonminor  
          dependent. A runaway and homeless youth shelter licensed by the  
          State Department of Social Services pursuant to Section 1502.35  
          of the Health and Safety Code shall not be a placement option  
          pursuant to this section.

          (b) A minor who is subject to the court's transition  
          jurisdiction shall be referred to as a transition dependent.

          (c) A youth subject to the court's transition jurisdiction who  
          is 18 years of age or older shall be referred to as a nonminor  
          dependent.

          SEC. 5. Section 607.2 of the Welfare and Institutions Code is  
          amended to read:
            
          607.2. (a) The court shall hold a hearing prior to terminating  
          jurisdiction over a ward who satisfies any of the following  
          criteria:









          SB 12 (Beall)                                           Page 26  
          of ?
          
          
          (1) Is a minor subject to an order for foster care placement  
          described in Section 11402 as a ward who has not previously been  
          subject to the jurisdiction of the court as a result of a  
          petition filed pursuant to Section 325.

          (2) Is a nonminor who  reached 18 years of age while subject to  
          an order for    was subject to an order for   foster care placement  
          described in Section 11402   at any time after he or she attained  
          12 years of age   and who has not attained 21 years of age.

          (3) Is a ward who was subject to an order for foster care  
          placement described in Section 11402 as a dependent of the court  
          at the time the court adjudged the child to be a ward of the  
          court under Section 725.

           (4) Is a nonminor who was subject to an order for foster care  
          placement at any time after reaching the age of 14, and was  
          adjudged a ward pursuant to Section 725, and the last custody  
          order of the court did not return the child to the physical  
          custody of his or her parent or legal guardian and has not  
          reached the age of 21 years.

          (5) Is a nonminor who was subject to an order for foster care  
          placement, and was adjudged a ward pursuant to Section 725, and  
          was a ward at 18 years, and was in secure confinement, and has  
          not reached the age of 21 years.
           
          (b) At a hearing during which termination of jurisdiction over a  
          ward described in subdivision (a) is being considered, the court  
          shall take one of the following actions:

          (1) Modify its jurisdiction from delinquency jurisdiction to  
          transition jurisdiction, if the court finds the ward is a person  
          described in Section 450.

          (2) (A) For a ward who was not previously subject to the  
          jurisdiction of the court as a result of a petition filed  
          pursuant to Section 325, order the probation department or the  
          ward's attorney to submit an application to the child welfare  
          services department pursuant to Section 329 to declare the minor  
          a dependent of the court and modify the court's jurisdiction  
          from delinquency jurisdiction to dependency jurisdiction, if the  
          court finds all of the following:









          SB 12 (Beall)                                           Page 27  
          of ?
          
          
          (i) The ward is a minor.

          (ii) The ward does not come within the description in Section  
          450, but jurisdiction as a ward may no longer be required.

          (iii) The ward appears to come within the description of Section  
          300 and cannot be returned home safely.

          (B) The court shall set a hearing within 20 judicial days of the  
          date of the order described in subparagraph (A) to review the  
          child welfare services department's decision and may either  
          affirm its decision not to file a petition pursuant to Section  
          300 or order the child welfare services department to file a  
          petition pursuant to Section 300.

          (3) Vacate the order terminating jurisdiction over the minor as  
          a dependent of the court, resume jurisdiction pursuant to  
          Section 300 based on the prior petition filed pursuant to  
          Section 325, and terminate the court's jurisdiction over the  
          minor as a ward, if the minor was subject to an order for foster  
          care placement described in Section 11402 as a dependent of the  
          court at the time the court adjudged the minor to be a ward and  
          assumed jurisdiction over the minor under Section 725.

          (4) Continue its delinquency jurisdiction over a ward pursuant  
          to Section 303 as a nonminor dependent, as defined in  
          subdivision (v) of Section 11400, who is eligible to remain in  
          foster care pursuant to Section 11403, if the ward is a nonminor  
          and the court did not modify its jurisdiction as described in  
          Section 450, unless the court finds that after reasonable and  
          documented efforts, the ward cannot be located or does not wish  
          to become a nonminor dependent. In making this finding and prior  
          to entering an order terminating its delinquency jurisdiction,  
          the court shall ensure that the ward has had an opportunity to  
          confer with his or her counsel and has been informed of his or  
          her options, including the right to reenter foster care  
          placement by completing a voluntary reentry agreement as  
          described in subdivision (z) of Section 11400 and to file a  
          petition pursuant to subdivision (e) of Section 388 for the  
          court to assume or resume transition jurisdiction over him or  
          her pursuant to Section 450. The fact that a ward declines to be  
          a nonminor dependent does not restrict the authority of the  
          court to maintain delinquency jurisdiction pursuant to Section  
          607.








          SB 12 (Beall)                                           Page 28  
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          (5) Continue its delinquency jurisdiction.

          (6) Terminate its delinquency jurisdiction if the ward does not  
          come within the provisions of paragraphs (1) to (4), inclusive.

          (c) If the court modifies jurisdiction, its order shall comply  
          with the requirements of subdivision (f) of Section 241.1.

          (d) This section does not change the requirements of Section  
          727.2 or 727.3 with respect to reunification of minors with  
          their families or the establishment of an alternative permanent  
          plan for minors for whom reunification is not pursued.

          SEC. 6. Section 11400 of the Welfare and Institutions Code is  
          amended to read:
            
          11400. For purposes of this article, the following definitions  
          shall apply:

          (a) "Aid to Families with Dependent Children-Foster Care  
          (AFDC-FC)" means the aid provided on behalf of needy children in  
          foster care under the terms of this division.

          (b) "Case plan" means a written document that, at a minimum,  
          specifies the type of home in which the child shall be placed,  
          the safety of that home, and the appropriateness of that home to  
          meet the child's needs. It shall also include the agency's plan  
          for ensuring that the child receive proper care and protection  
          in a safe environment, and shall set forth the appropriate  
          services to be provided to the child, the child's family, and  
          the foster parents, in order to meet the child's needs while in  
          foster care, and to reunify the child with the child's family.  
          In addition, the plan shall specify the services that will be  
          provided or steps that will be taken to facilitate an alternate  
          permanent plan if reunification is not possible.

          (c) "Certified family home" means a family residence certified  
          by a licensed foster family agency and issued a certificate of  
          approval by that agency as meeting licensing standards, and used  
          only by that foster family agency for placements.

          (d) "Family home" means the family residence of a licensee in  
          which 24-hour care and supervision are provided for children.








          SB 12 (Beall)                                           Page 29  
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          (e) "Small family home" means any residential facility, in the  
          licensee's family residence, which provides 24-hour care for six  
          or fewer foster children who have mental disorders or  
          developmental or physical disabilities and who require special  
          care and supervision as a result of their disabilities.

          (f) "Foster care" means the 24-hour out-of-home care provided to  
          children whose own families are unable or unwilling to care for  
          them, and who are in need of temporary or long-term substitute  
          parenting.

          (g) "Foster family agency" means any individual or organization  
          engaged in the recruiting, certifying, and training of, and  
          providing professional support to, foster parents, or in finding  
          homes or other places for placement of children for temporary or  
          permanent care who require that level of care as an alternative  
          to a group home. Private foster family agencies shall be  
          organized and operated on a nonprofit basis.

          (h) "Group home" means a nondetention privately operated  
          residential home, organized and operated on a nonprofit basis  
          only, of any capacity, or a nondetention licensed residential  
          care home operated by the County of San Mateo with a capacity of  
          up to 25 beds, that accepts children in need of care and  
          supervision in a group home, as defined by paragraph (13) of  
          subdivision (a) of Section 1502 of the Health and Safety Code.

          (i) "Periodic review" means review of a child's status by the  
          juvenile court or by an administrative review panel, that shall  
          include a consideration of the safety of the child, a  
          determination of the continuing need for placement in foster  
          care, evaluation of the goals for the placement and the progress  
          toward meeting these goals, and development of a target date for  
          the child's return home or establishment of alternative  
          permanent placement.

          (j) "Permanency planning hearing" means a hearing conducted by  
          the juvenile court in which the child's future status, including  
          whether the child shall be returned home or another permanent  
          plan shall be developed, is determined.

          (k) "Placement and care" refers to the responsibility for the  
          welfare of a child vested in an agency or organization by virtue  








          SB 12 (Beall)                                           Page 30  
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          of the agency or organization having (1) been delegated care,  
          custody, and control of a child by the juvenile court, (2) taken  
          responsibility, pursuant to a relinquishment or termination of  
          parental rights on a child, (3) taken the responsibility of  
          supervising a child detained by the juvenile court pursuant to  
          Section 319 or 636, or (4) signed a voluntary placement  
          agreement for the child's placement; or to the responsibility  
          designated to an individual by virtue of his or her being  
          appointed the child's legal guardian.

          (l) "Preplacement preventive services" means services that are  
          designed to help children remain with their families by  
          preventing or eliminating the need for removal.

          (m) "Relative" means an adult who is related to the child by  
          blood, adoption, or affinity within the fifth degree of kinship,  
          including stepparents, stepsiblings, and all relatives whose  
          status is preceded by the words "great," "great-great," or  
          "grand" or the spouse of any of these persons even if the  
          marriage was terminated by death or dissolution.

          (n) "Nonrelative extended family member" means an adult  
          caregiver who has an established familial or mentoring  
          relationship with the child, as described in Section 362.7.

          (o) "Voluntary placement" means an out-of-home placement of a  
          child by (1) the county welfare department, probation  
          department, or Indian tribe that has entered into an agreement  
          pursuant to Section 10553.1, after the parents or guardians have  
          requested the assistance of the county welfare department and  
          have signed a voluntary placement agreement; or (2) the county  
          welfare department licensed public or private adoption agency,  
          or the department acting as an adoption agency, after the  
          parents have requested the assistance of either the county  
          welfare department, the licensed public or private adoption  
          agency, or the department acting as an adoption agency for the  
          purpose of adoption planning, and have signed a voluntary  
          placement agreement.

          (p) "Voluntary placement agreement" means a written agreement  
          between either the county welfare department, probation  
          department, or Indian tribe that has entered into an agreement  
          pursuant to Section 10553.1, licensed public or private adoption  
          agency, or the department acting as an adoption agency, and the  








          SB 12 (Beall)                                           Page 31  
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          parents or guardians of a child that specifies, at a minimum,  
          the following:

          (1) The legal status of the child.

          (2) The rights and obligations of the parents or guardians, the  
          child, and the agency in which the child is placed.

          (q) "Original placement date" means the most recent date on  
          which the court detained a child and ordered an agency to be  
          responsible for supervising the child or the date on which an  
          agency assumed responsibility for a child due to termination of  
          parental rights, relinquishment, or voluntary placement.

          (r) (1) "Transitional housing placement provider" means an  
          organization licensed by the State Department of Social Services  
          pursuant to Section 1559.110 of the Health and Safety Code, to  
          provide transitional housing to foster children at least 16  
          years of age and not more than 18 years of age, and nonminor  
          dependents, as defined in subdivision (v). A transitional  
          housing placement provider shall be privately operated and  
          organized on a nonprofit basis.

          (2) Prior to licensure, a provider shall obtain certification  
          from the applicable county, in accordance with Section 16522.1.

          (s) "Transitional Housing Program-Plus" means a provider  
          certified by the applicable county, in accordance with  
          subdivision (c) of Section 16522, to provide transitional  
          housing services to former foster youth who have exited the  
          foster care system on or after their 18th birthday.

          (t) "Whole family foster home" means a new or existing family  
          home, approved relative caregiver or nonrelative extended family  
          member's home, the home of a nonrelated legal guardian whose  
          guardianship was established pursuant to Section 360 or 366.26,  
          certified family home, or a host family home placement of a  
          transitional housing placement provider, that provides foster  
          care for a minor or nonminor dependent parent and his or her  
          child, and is specifically recruited and trained to assist the  
          minor or nonminor dependent parent in developing the skills  
          necessary to provide a safe, stable, and permanent home for his  
          or her child. The child of the minor or nonminor dependent  
          parent need not be the subject of a petition filed pursuant to  








          SB 12 (Beall)                                           Page 32  
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          Section 300 to qualify for placement in a whole family foster  
          home.

          (u) "Mutual agreement" means any of the following:

          (1) A written voluntary agreement of consent for continued  
          placement and care in a supervised setting between a minor or,  
          on and after January 1, 2012, a nonminor dependent, and the  
          county welfare services or probation department or tribal agency  
          responsible for the foster care placement, that documents the  
          nonminor's continued willingness to remain in supervised  
          out-of-home placement under the placement and care of the  
          responsible county, tribe, consortium of tribes, or tribal  
          organization that has entered into an agreement with the state  
          pursuant to Section 10553.1, remain under the jurisdiction of  
          the juvenile court as a nonminor dependent, and report any  
          change of circumstances relevant to continued eligibility for  
          foster care payments, and that documents the nonminor's and  
          social worker's or probation officer's agreement to work  
          together to facilitate implementation of the mutually developed  
          supervised placement agreement and transitional independent  
          living case plan.

          (2) An agreement, as described in paragraph (1), between a  
          nonminor former dependent or ward in receipt of Kin-GAP payments  
          under Article 4.5 (commencing with Section 11360) or Article 4.7  
          (commencing with Section 11385), and the agency responsible for  
          the Kin-GAP benefits, provided that the nonminor former  
          dependent or ward satisfies the conditions described in Section  
          11403.01, or one or more of the conditions described in  
          paragraphs (1) to (5), inclusive, of subdivision (b) of Section  
          11403. For purposes of this paragraph and paragraph (3),  
          "nonminor former dependent or ward" has the same meaning as  
          described in subdivision (aa).

          (3) An agreement, as described in paragraph (1), between a  
          nonminor former dependent or ward in receipt of AFDC-FC payments  
          under subdivision (e) or (f) of Section 11405 and the agency  
          responsible for the AFDC-FC benefits, provided that the nonminor  
          former dependent or ward described in subdivision (e) of Section  
          11405 satisfies one or more of the conditions described in  
          paragraphs (1) to (5), inclusive, of subdivision (b) of Section  
          11403, and the nonminor described in subdivision (f) of Section  
          11405 satisfies the secondary school or equivalent training or  








          SB 12 (Beall)                                           Page 33  
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          certificate program conditions described in that subdivision.

          (v) "Nonminor dependent" means a foster child, as described in  
          Section 675(8)(B) of Title 42 of the United States Code under  
          the federal Social Security Act who is a current dependent child  
          or ward of the juvenile court, or who is a nonminor under the  
          transition jurisdiction of the juvenile court, as described in  
          Section 450, and who satisfies all of the following criteria:

          (1) He or she   was  has not attained 21 years of age and meets one  
          of the following conditions:  
           (i) Attained 18 years of age while  subject to an order for  
          foster care placement described in Section 11402   at any time  
          after he or she attained 12 years of age and who has not  
          attained 21 years of age  or;
          (ii) Was subject to an order for foster care placement any time  
          after reaching the age of 14, and was adjudged a ward pursuant  
          to Section 725, and the last custody order of the court did not  
          return the child to the physical custody of his or her parent or  
          legal guardian or;
          (iii) Was subject to an order for foster care placement, and was  
          adjudged a ward pursuant to Section 725, and was a ward at 18  
          years, and was in secure confinement. 

           (2) He or she is in foster care under the placement and care  
          responsibility of the county welfare department, county  
          probation department, Indian tribe, consortium of tribes, or  
          tribal organization that entered into an agreement pursuant to  
          Section 10553.1.

          (3) He or she has a transitional independent living case plan  
          pursuant to Section 475(8) of the federal Social Security Act  
          (42 U.S.C. Sec. 675(8)), as contained in the federal Fostering  
          Connections to Success and Increasing Adoptions Act of 2008  
          (Public Law 110-351), as described in Section 11403.

          (w) "Supervised independent living placement" means, on and  
          after January 1, 2012, an independent supervised setting, as  
          specified in a nonminor dependent's transitional independent  
          living case plan, in which the youth is living independently,  
          pursuant to Section 472(c)(2) of the Social Security Act (42  
          U.S.C. Sec. 672(c)(2)).

          (x) "Supervised independent living setting," pursuant to Section  








          SB 12 (Beall)                                           Page 34  
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          472(c)(2) of the federal Social Security Act (42 U.S.C. Sec.  
          672(c)(2)), includes both a supervised independent living  
          placement, as defined in subdivision (w), and a residential  
          housing unit certified by the transitional housing placement  
          provider operating a Transitional Housing Placement-Plus Foster  
          Care program, as described in paragraph (2) of subdivision (a)  
          of Section 16522.1.

          (y) "Transitional independent living case plan" means, on or  
          after January 1, 2012, a child's case plan submitted for the  
          last review hearing held before he or she reaches 18 years of  
          age or the nonminor dependent's case plan, updated every six  
          months, that describes the goals and objectives of how the  
          nonminor will make progress in the transition to living  
          independently and assume incremental responsibility for adult  
          decisionmaking, the collaborative efforts between the nonminor  
          and the social worker, probation officer, or Indian tribal  
          placing entity and the supportive services as described in the  
          transitional independent living plan (TILP) to ensure active and  
          meaningful participation in one or more of the eligibility  
          criteria described in paragraphs (1) to (5), inclusive, of  
          subdivision (b) of Section 11403, the nonminor's appropriate  
          supervised placement setting, and the nonminor's permanent plan  
          for transition to living independently, which includes  
          maintaining or obtaining permanent connections to caring and  
          committed adults, as set forth in paragraph (16) of subdivision  
          (f) of Section 16501.1.

          (z) "Voluntary reentry agreement" means a written voluntary  
          agreement between a former dependent child or ward or a former  
          nonminor dependent, who has had juvenile court jurisdiction  
          terminated pursuant to Section 391, 452, or 607.2, and the  
          county welfare or probation department or tribal placing entity  
          that documents the nonminor's desire and willingness to reenter  
          foster care, to be placed in a supervised setting under the  
          placement and care responsibility of the placing agency, the  
          nonminor's desire, willingness, and ability to immediately  
          participate in one or more of the conditions of paragraphs (1)  
          to (5), inclusive, of subdivision (b) of Section 11403, the  
          nonminor's agreement to work collaboratively with the placing  
          agency to develop his or her transitional independent living  
          case plan within 60 days of reentry, the nonminor's agreement to  
          report any changes of circumstances relevant to continued  
          eligibility for foster care payments, and (1) the nonminor's  








          SB 12 (Beall)                                           Page 35  
          of ?
          
          
          agreement to participate in the filing of a petition for  
          juvenile court jurisdiction as a nonminor dependent pursuant to  
          subdivision (e) of Section 388 within 15 judicial days of the  
          signing of the agreement and the placing agency's efforts and  
          supportive services to assist the nonminor in the reentry  
          process, or (2) if the nonminor meets the definition of a  
          nonminor former dependent or ward, as described in subdivision  
          (aa), the nonminor's agreement to return to the care and support  
          of his or her former juvenile court-appointed guardian and meet  
          the eligibility criteria for AFDC-FC pursuant to subdivision (e)  
          of Section 11405.

          (aa) "Nonminor former dependent or ward" means, on and after  
          January 1, 2012,   either    any  of the following:

          (1) A nonminor who  attained 18 years of age while  was   subject to  
          an order for foster care placement described in Section 11402   at  
          any time after he or she attained 12 years of age and   who has  
          not attained 21 years of age, and for whom dependency,  
          delinquency, or transition jurisdiction has been terminated, and  
          who is still under the general jurisdiction of the court.

          (2) A nonminor who is over 18 years of age and, while a minor,  
          was a dependent child or ward of the juvenile court when the  
          guardianship was established pursuant to Section 360 or 366.26,  
          or subdivision (d), of Section 728 and the juvenile court  
          dependency or wardship was dismissed following the establishment  
          of the guardianship.

           (3) A nonminor who was subject to an order for foster care  
          placement any time after reaching the age of 14, and was  
          adjudged a ward pursuant to Section 725, and the last custody  
          order of the court did not return the child to the physical  
          custody of his or her parent or legal guardian.

          (4) A nonminor who was subject to an order for foster care  
          placement, and was adjudged a ward pursuant to Section 725, and  
          was a ward at 18 years, and was in secure confinement, and has  
          not reached the age of 21 years.
          
          (ab) "Runaway and homeless youth shelter" means a type of group  
          home, as defined in paragraph (14) of subdivision (a) of Section  
          1502 of the Health and Safety Code, that is not an eligible  
          placement option under Sections 319, 361.2, 450, and 727, and  








          SB 12 (Beall)                                           Page 36  
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          that is not eligible for AFDC-FC funding pursuant to subdivision  
          (c) of Section 11402 or Section 11462.

          (ac) "Transition dependent" is a minor between 17 years and five  
          months and 18 years of age who is subject to the court's  
          transition jurisdiction under Section 450.

          SEC. 7. Section 11401 of the Welfare and Institutions Code is  
          amended to read:

          11401. Aid in the form of AFDC-FC shall be provided under this  
          chapter on behalf of any child under 18 years of age and to any  
          nonminor dependent who meets the conditions of any of the  
          following subdivisions:

          (a) The child has been relinquished, for purposes of adoption,  
          to a licensed adoption agency, or the department, or the  
          parental rights of either or both of his or her parents have  
          been terminated after an action under the Family Code has been  
          brought by a licensed adoption agency or the department,  
          provided that the licensed adoption agency or the department, if  
          responsible for placement and care, provides to those children  
          all services as required by the department to children in foster  
          care.

          (b) The child has been removed from the physical custody of his  
          or her parent, relative, or guardian as a result of a voluntary  
          placement agreement or a judicial determination that continuance  
          in the home would be contrary to the child's welfare and that,  
          if the child was placed in foster care, reasonable efforts were  
          made, consistent with Chapter 5 (commencing with Section 16500)  
          of Part 4, to prevent or eliminate the need for removal of the  
          child from his or her home and to make it possible for the child  
          to return to his or her home, and any of the following applies:

          (1) The child has been adjudged a dependent child of the court  
          on the grounds that he or she is a person described by Section  
          300.

          (2) The child has been adjudged a ward of the court on the  
          grounds that he or she is a person described by Sections 601 and  
          602 or the nonminor is under the transition jurisdiction of the  
          juvenile court pursuant to Section 450.









          SB 12 (Beall)                                           Page 37  
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          (3) The child has been detained under a court order, pursuant to  
          Section 319 or 636, that remains in effect.

          (4) The child's or nonminor's dependency jurisdiction, or  
          transition jurisdiction pursuant to Section 450, has resumed  
          pursuant to Section 387, or subdivision (a) or (e) of Section  
          388.

          (c) The child has been voluntarily placed by his or her parent  
          or guardian pursuant to Section 11401.1.

          (d) The child is living in the home of a nonrelated legal  
          guardian.

          (e) The child is a nonminor dependent who is placed pursuant to  
          a mutual agreement as set forth in subdivision (u) of Section  
          11400, under the placement and care responsibility of the county  
          child welfare services department, an Indian tribe that entered  
          into an agreement pursuant to Section 10553.1, or the county  
          probation department, or the child is a nonminor dependent  
          reentering foster care placement pursuant to a voluntary  
          agreement, as set forth in subdivision (z) of Section 11400.

          (f) The child has been placed in foster care under the federal  
          Indian Child Welfare Act. Sections 11402, 11404, and 11405 shall  
          not be construed as limiting payments to Indian children, as  
          defined in the federal Indian Child Welfare Act, placed in  
          accordance with that act.

          (g) To be eligible for federal financial participation, the  
          conditions described in paragraph (1), (2), (3), or (4) shall be  
          satisfied:

          (1) (A) The child meets the conditions of subdivision (b).

          (B) The child has been deprived of parental support or care for  
          any of the reasons set forth in Section 11250.

          (C) The child has been removed from the home of a relative as  
          defined in Section 233.90(c)(1) of Title 45 of the Code of  
          Federal Regulations, as amended.

          (D) The requirements of Sections 671 and 672 of Title 42 of the  
          United States Code, as amended, have been met.








          SB 12 (Beall)                                           Page 38  
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          (2) (A) The child meets the requirements of subdivision (h).

          (B) The requirements of Sections 671 and 672 of Title 42 of the  
          United States Code, as amended, have been met.

          (C) This paragraph shall be implemented only if federal  
          financial participation is available for the children described  
          in this paragraph.

          (3) (A) The child has been removed from the custody of his or  
          her parent, relative, or guardian as a result of a voluntary  
          placement agreement or a judicial determination that continuance  
          in the home would be contrary to the child's welfare and that,  
          if the child was placed in foster care, reasonable efforts were  
          made, consistent with Chapter 5 (commencing with Section 16500)  
          of Part 4, to prevent or eliminate the need for removal of the  
          child from his or her home and to make it possible for the child  
          to return to his or her home, or the child is a nonminor  
          dependent who satisfies the removal criteria in Section  
          472(a)(2)(A)(i) of the federal Social Security Act (42 U.S.C.  
          Sec. 672 (a)(2)(A)(i)) and agrees to the placement and care  
          responsibility of the placing agency by signing the voluntary  
          reentry agreement, as set forth in subdivision (z) of Section  
          11400, and any of the following applies:

          (i) The child has been adjudged a dependent child of the court  
          on the grounds that he or she is a person described by Section  
          300.

          (ii) The child has been adjudged a ward of the court on the  
          grounds that he or she is a person described by Sections 601 and  
          602 or the nonminor is under the transition jurisdiction of the  
          juvenile court, pursuant to Section 450.

          (iii) The child has been detained under a court order, pursuant  
          to Section 319 or 636, that remains in effect.

          (iv) The child's or nonminor's dependency jurisdiction, or  
          transition jurisdiction pursuant to Section 450, has resumed  
          pursuant to Section 387, or subdivision (a) or (e) of Section  
          388.

          (B) The child has been placed in an eligible foster care  








          SB 12 (Beall)                                           Page 39  
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          placement, as set forth in Section 11402.

          (C) The requirements of Sections 671 and 672 of Title 42 of the  
          United States Code have been satisfied.

          (D) This paragraph shall be implemented only if federal  
          financial participation is available for the children described  
          in this paragraph.

          (4) With respect to a nonminor dependent, in addition to meeting  
          the conditions specified in paragraph (1), the requirements of  
          Section 675(8)(B) of Title 42 of the United States Code have  
          been satisfied. With respect to a former nonminor dependent who  
          reenters foster care placement by signing the voluntary reentry  
          agreement, as set forth in subdivision (z) of Section 11400, the  
          requirements for AFDC-FC eligibility of Section 672(a)(3)(A) of  
          Title 42 of the United States Code are satisfied based on the  
          nonminor's status as a child-only case, without regard to the  
          parents, legal guardians, or others in the assistance unit in  
          the home from which the nonminor was originally removed.

          (h) The child meets all of the following conditions:

          (1) The child has been adjudged to be a dependent child or ward  
          of the court on the grounds that he or she is a person described  
          in Section 300, 601, or 602.

          (2) The child's parent also has been adjudged to be a dependent  
          child or nonminor dependent of the court on the grounds that he  
          or she is a person described by Section 300, 450, 601, or 602  
          and is receiving benefits under this chapter.

          (3) The child is placed in the same licensed or approved foster  
          care facility in which his or her parent is placed and the  
          child's parent is receiving reunification services with respect  
          to that child.

          SEC. 8. Section 11403 of the Welfare and Institutions Code is  
          amended to read:

          11403. (a) It is the intent of the Legislature to exercise the  
          option afforded states under Section 475(8) (42 U.S.C. Sec.  
          675(8)), and Section 473(a)(4) (42 U.S.C. Sec. 673(a)(4)) of the  
          federal Social Security Act, as contained in the federal  








          SB 12 (Beall)                                           Page 40  
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          Fostering Connections to Success and Increasing Adoptions Act of  
          2008 (Public Law 110-351), to receive federal financial  
          participation for nonminor dependents of the juvenile court who  
          satisfy the conditions of subdivision (b), consistent with their  
          transitional independent living case plan. These nonminor  
          dependents shall be eligible to receive support up to 21 years  
          of age, consistent with their transitional independent living  
          case plan. It is the intent of the Legislature both at the time  
          of initial determination of the nonminor dependent's eligibility  
          and throughout the time the nonminor dependent is eligible for  
          aid pursuant to this section, that the social worker or  
          probation officer or Indian tribal placing entity and the  
          nonminor dependent shall work together to ensure the nonminor  
          dependent's ongoing eligibility. All case planning shall be a  
          collaborative effort between the nonminor dependent and the  
          social worker, probation officer, or Indian tribe, with the  
          nonminor dependent assuming increasing levels of responsibility  
          and independence.

          (b) A nonminor dependent receiving aid pursuant to this chapter,  
          who satisfies the age criteria set forth in subdivision (a),  
          shall meet the legal authority for placement and care by being  
          under a foster care placement order by the juvenile court, or  
          the voluntary reentry agreement as set forth in subdivision (z)  
          of Section 11400, and is otherwise eligible for AFDC-FC payments  
          pursuant to Section 11401. A nonminor who satisfies the age  
          criteria set forth in subdivision (a), and who is otherwise  
          eligible, shall continue to receive CalWORKs payments pursuant  
          to Section 11253 or, as a nonminor former dependent or ward, aid  
          pursuant to Kin-GAP under Article 4.5 (commencing with Section  
          11360) or Article 4.7 (commencing with Section 11385) or  
          adoption assistance payments as specified in Chapter 2.1  
          (commencing with Section 16115) of Part 4.  A  Effective January  
          1, 2012, a nonminor former dependent child or ward of the  
          juvenile court who is receiving AFDC-FC benefits pursuant to  
          Section 11405 and who satisfies the criteria set forth in  
          subdivision (a) shall be eligible to continue to receive aid as  
          long as the nonminor is otherwise eligible for AFDC-FC benefits  
          under this subdivision. This subdivision shall apply when one or  
          more of the following conditions exist:

          (1) The nonminor is completing secondary education or a program  
          leading to an equivalent credential.









          SB 12 (Beall)                                           Page 41  
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          (2) The nonminor is enrolled in an institution which provides  
          postsecondary or vocational education.

          (3) The nonminor is participating in a program or activity  
          designed to promote, or remove barriers to employment.

          (4) The nonminor is employed for at least 80 hours per month.

          (5) The nonminor is incapable of doing any of the activities  
          described in subparagraphs (1) to (4), inclusive, due to a  
          medical condition, and that incapability is supported by  
          regularly updated information in the case plan of the nonminor.  
          The requirement to update the case plan under this section shall  
          not apply to nonminor former dependents or wards in receipt of  
          Kin-GAP program or Adoption Assistance Program payments.

          (c) The county child welfare or probation department, Indian  
          tribe, consortium of tribes, or tribal organization that has  
          entered into an agreement pursuant to Section 10553.1, shall  
          work together with a nonminor dependent who is in foster care on  
          his or her 18th birthday and thereafter or a nonminor former  
          dependent receiving aid pursuant to Section 11405, to satisfy  
          one or more of the conditions described in paragraphs (1) to  
          (5), inclusive, of subdivision (b) and shall certify the  
          nonminor's applicable condition or conditions in the nonminor's  
          six-month transitional independent living case plan update, and  
          provide the certification to the eligibility worker and to the  
          court at each six-month case plan review hearing for the  
          nonminor dependent. Relative guardians who receive Kin-GAP  
          payments and adoptive parents who receive adoption assistance  
          payments shall be responsible for reporting to the county  
          welfare agency that the nonminor does not satisfy at least one  
          of the conditions described in subdivision (b). The social  
          worker, probation officer, or tribal entity shall verify and  
          obtain assurances that the nonminor dependent continues to  
          satisfy at least one of the conditions in paragraphs (1) to (5),  
          inclusive, of subdivision (b) at each six-month transitional  
          independent living case plan update. The six-month case plan  
          update shall certify the nonminor's eligibility pursuant to  
          subdivision (b) for the next six-month period. During the  
          six-month certification period, the payee and nonminor shall  
          report any change in placement or other relevant changes in  
          circumstances that may affect payment. The nonminor dependent,  
          or nonminor former dependent receiving aid pursuant to  








          SB 12 (Beall)                                           Page 42  
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          subdivision (e) of Section 11405, shall be informed of all due  
          process requirements, in accordance with state and federal law,  
          prior to an involuntary termination of aid, and shall  
          simultaneously be provided with a written explanation of how to  
          exercise his or her due process rights and obtain referrals to  
          legal assistance. Any notices of action regarding eligibility  
          shall be sent to the nonminor dependent or former dependent, his  
          or her counsel, as applicable, and the placing worker, in  
          addition to any other payee. Payments of aid pursuant to Kin-GAP  
              under Article 4.5 (commencing with Section 11360) or Article 4.7  
          (commencing with Section 11385), adoption assistance payments as  
          specified in Chapter 2.1 (commencing with Section 16115) of Part  
          4, or aid pursuant to subdivision (e) of Section 11405 that are  
          made on behalf of a nonminor former dependent shall terminate  
          subject to the terms of the agreements. Subject to federal  
          approval of amendments to the state plan, aid payments may be  
          suspended and resumed based on changes of circumstances that  
          affect eligibility. Nonminor former dependents, as identified in  
          paragraph (2) of subdivision (aa) of Section 11400, are not  
          eligible for reentry under subdivision (e) of Section 388 as  
          nonminor dependents under the jurisdiction of the juvenile  
          court, unless (1) the nonminor former dependent was receiving  
          aid pursuant to Kin-GAP under Article 4.5 (commencing with  
          Section 11360) or Article 4.7 (commencing with Section 11385),  
          or the nonminor former dependent was receiving aid pursuant to  
          subdivision (e) of Section 11405, or the nonminor was receiving  
          adoption assistance payments as specified in Chapter 2.1  
          (commencing with Section 16115) of Part 3 and (2) the nonminor's  
          former guardian or adoptive parent dies, or no longer provides  
          ongoing support to, and no longer receive aid on behalf of, the  
          nonminor after the nonminor turns 18 years of age but before the  
          nonminor turns 21 years of age. Nonminor former dependents  
          requesting the resumption of AFDC-FC payments pursuant to  
          subdivision (e) of Section 11405 shall complete the applicable  
          portions of the voluntary reentry agreement, as described in  
          subdivision (z) of Section 11400.

          (d) A nonminor dependent may receive all of the payment directly  
          provided that the nonminor is living independently in a  
          supervised placement, as described in subdivision (w) of Section  
          11400, and that both the youth and the agency responsible for  
          the foster care placement have signed a mutual agreement, as  
          defined in subdivision (u) of Section 11400, if the youth is  
          capable of making an informed agreement, that documents the  








          SB 12 (Beall)                                           Page 43  
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          continued need for supervised out-of-home placement, and the  
          nonminor's and social worker's or probation officer's agreement  
          to work together to facilitate implementation of the mutually  
          developed supervised placement agreement and transitional  
          independent living case plan.

          (e) Eligibility for aid under this section shall not terminate  
          until the nonminor dependent attains the age criteria, as set  
          forth in subdivision (a), but aid may be suspended when the  
          nonminor dependent no longer resides in an eligible facility, as  
          described in Section 11402, or is otherwise not eligible for  
          AFDC-FC benefits under Section 11401, or terminated at the  
          request of the nonminor, or after a court terminates dependency  
          jurisdiction pursuant to Section 391, delinquency jurisdiction  
          pursuant to Section 607.2, or transition jurisdiction pursuant  
          to Section 452. AFDC-FC benefits to nonminor dependents, may be  
          resumed at the request of the nonminor by completing a voluntary  
          reentry agreement pursuant to subdivision (z) of Section 11400,  
          before or after the filing of a petition filed pursuant to  
          subdivision (e) of Section 388 after a court terminates  
          dependency or transitional jurisdiction pursuant to Section 391,  
          or delinquency jurisdiction pursuant to Section 607.2. The  
          county welfare or probation department or Indian tribal entity  
          that has entered into an agreement pursuant to Section 10553.1  
          shall complete the voluntary reentry agreement with the nonminor  
          who agrees to satisfy the criteria of the agreement, as  
          described in subdivision (z) of Section 11400. The county  
          welfare department or tribal entity shall establish a new  
          child-only Title IV-E eligibility determination based on the  
          nonminor's completion of the voluntary reentry agreement  
          pursuant to Section 11401. The beginning date of aid for either  
          federal or state AFDC-FC for a reentering nonminor who is placed  
          in foster care is the date the voluntary reentry agreement is  
          signed or the nonminor is placed, whichever is later. The county  
          welfare department, county probation department, or tribal  
          entity shall provide a nonminor dependent who wishes to continue  
          receiving aid with the assistance necessary to meet and maintain  
          eligibility.

          (f) (1) The county having jurisdiction of the nonminor dependent  
          shall remain the county of payment under this section regardless  
          of the youth's physical residence. Nonminor former dependents  
          receiving aid pursuant to subdivision (e) of Section 11405 shall  
          be paid by their county of residence. Counties may develop  








          SB 12 (Beall)                                           Page 44  
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          courtesy supervision agreements to provide case management and  
          independent living services by the county of residence pursuant  
          to the nonminor dependent's transitional independent living case  
          plan. Placements made out of state are subject to the applicable  
          requirements of the Interstate Compact on Placement of Children,  
          pursuant to Part 5 (commencing with Section 7900) of Division 12  
          of the Family Code.

          (2) The county welfare department, county probation department,  
          or tribal entity shall notify all foster youth who attain 16  
          years of age and are under the jurisdiction of that county or  
          tribe, including those receiving Kin-GAP, and AAP, of the  
          existence of the aid prescribed by this section.

          (3) The department shall seek any waiver to amend its Title IV-E  
          State Plan with the Secretary of the United States Department of  
          Health and Human Services necessary to implement this section.

          (g) (1) Subject to paragraph (3), a county shall pay the  
          nonfederal share of the cost of extending aid pursuant to this  
          section to eligible nonminor dependents who have reached 18  
          years of age and who are under the jurisdiction of the county,  
          including AFDC-FC payments pursuant to Section 11401, aid  
          pursuant to Kin-GAP under Article 4.7 (commencing with Section  
          11385), adoption assistance payments as specified in Chapter 2.1  
          (commencing with Section 16115) of Part 4, and aid pursuant to  
          Section 11405 for nonminor dependents who are residing in the  
          county as provided in paragraph (1) of subdivision (f). A county  
          shall contribute to the CalWORKs payments pursuant to Section  
          11253 and aid pursuant to Kin-GAP under Article 4.5 (commencing  
          with Section 11360) at the statutory sharing ratios in effect on  
          January 1, 2012.

          (2) Subject to paragraph (3), a county shall pay the nonfederal  
          share of the cost of providing permanent placement services  
          pursuant to subdivision (c) of Section 16508 and administering  
          the Aid to Families with Dependent Children Foster Care program  
          pursuant to Section 15204.9. For purposes of budgeting, the  
          department shall use a standard for the permanent placement  
          services that is equal to the midpoint between the budgeting  
          standards for family maintenance services and family  
          reunification services.

          (3) (A) (i) Notwithstanding any other law, a county's required  








          SB 12 (Beall)                                           Page 45  
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          total contribution pursuant to paragraphs (1) and (2) shall not  
          exceed the amount of savings in Kin-GAP assistance grant  
          expenditures realized by the county from the receipt of federal  
          funds due to the implementation of Article 4.7 (commencing with  
          Section 11385), and the amount of funding specifically included  
          in the Protective Services Subaccount within the Support  
          Services Account within the Local Revenue Fund 2011, plus any  
          associated growth funding from the Support Services Growth  
          Subaccount within the Sales and Use Tax Growth Account to pay  
          the costs of extending aid pursuant to this section.

          (ii) A county, at its own discretion, may expend additional  
          funds beyond the amounts identified in clause (i). These  
          additional amounts shall not be included in any cost and savings  
          calculations or comparisons performed pursuant to this section.

          (B) Funding and expenditures for programs and activities under  
          this section shall be in accordance with the requirements  
          provided in Sections 30025 and 30026.5 of the Government Code.  
          In addition, the following are available to the counties for the  
          purpose of funding costs pursuant to this section:

          (i) The savings in Kin-GAP assistance grant expenditures  
          realized from the receipt of federal funds due to the  
          implementation of Article 4.7 (commencing with Section 11385).

          (ii) The savings realized from the change in federal funding for  
          adoption assistance resulting from the enactment of Public Law  
          110-351 and consistent with subdivision (d) of Section 16118.

          (4) (A) The limit on the county's total contribution pursuant to  
          paragraph (3) shall be assessed by the State Department of  
          Social Services, in conjunction with the California State  
          Association of Counties, in 2015-16, to determine if it shall be  
          removed. The assessment of the need for the limit shall be based  
          on a determination on a statewide basis of whether the actual  
          county costs of providing extended care pursuant to this section  
          are fully funded by the amount of savings in Kin-GAP assistance  
          grant expenditures realized by the counties from the receipt of  
          federal funds due to the implementation of Article 4.7  
          (commencing with Section 11385) and the amount of funding  
          specifically included in the Protective Services Subaccount  
          within the Support Services Account within the Local Revenue  
          Fund 2011 plus any associated growth funding from the Support  








          SB 12 (Beall)                                           Page 46  
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          Services Growth Subaccount within the Sales and Use Tax Growth  
          Account to pay the costs of extending aid pursuant to this  
          section.

          (B) If the assessment pursuant to subparagraph (A) shows that  
          the statewide total costs of extending aid pursuant to this  
          section are fully funded by the amount of savings in Kin-GAP  
          assistance grant expenditures realized by the counties from the  
          receipt of federal funds due to the implementation of Article  
          4.7 (commencing with Section 11385) and the amount of funding  
          specifically included in the Protective Services Subaccount  
          within the Support Services Account within the Local Revenue  
          Fund 2011 plus any associated growth funding from the Support  
          Services Growth Subaccount within the Sales and Use Tax Growth  
          Account to pay the costs of extending aid pursuant to this  
          section, the Department of Finance shall certify that fact, in  
          writing, and shall post the certification on its Internet Web  
          site, at which time subparagraph (A) of paragraph (3) shall no  
          longer be implemented.

          (h) It is the intent of the Legislature that no county currently  
          participating in the Child Welfare Demonstration Capped  
          Allocation Project be adversely impacted by the department's  
          exercise of its option to extend foster care benefits pursuant  
          to Section 673(a)(4) and Section 675(8) of Title 42 of the  
          United States Code in the federal Social Security Act, as  
          contained in the federal Fostering Connections to Success and  
          Increasing Adoptions Act of 2008 (Public Law 110-351).  
          Therefore, the department shall negotiate with the United States  
          Department of Health and Human Services on behalf of those  
          counties that are currently participating in the demonstration  
          project to ensure that those counties receive reimbursement for  
          these new programs outside of the provisions of those counties'  
          waiver under Subtitle IV-E (commencing with Section 470) of the  
          federal Social Security Act (42 U.S.C. Sec. 670 et seq.).

          (i) The department, on or before July 1, 2013, shall develop  
          regulations to implement this section in consultation with  
          concerned stakeholders, including, but not limited to,  
          representatives of the Legislature, the County Welfare Directors  
          Association, the Chief Probation Officers of California, the  
          Judicial Council, representatives of Indian tribes, the  
          California Youth Connection, former foster youth, child advocacy  
          organizations, labor organizations, juvenile justice advocacy  








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          organizations, foster caregiver organizations, and researchers.  
          In the development of these regulations, the department shall  
          consider its Manual of Policy and Procedures, Division 30,  
          Chapter 30-912, 913, 916, and 917, as guidelines for developing  
          regulations that are appropriate for young adults who can  
          exercise incremental responsibility concurrently with their  
          growth and development. The department, in its consultation with  
          stakeholders, shall take into consideration the impact to the  
          Automated Child Welfare Services Case Management Services  
          (CWS-CMS) and required modifications needed to accommodate  
          eligibility determination under this section, benefit issuance,  
          case management across counties, and recognition of the legal  
          status of nonminor dependents as adults, as well as changes to  
          data tracking and reporting requirements as required by the  
          Child Welfare System Improvement and Accountability Act as  
          specified in Section 10601.2, and federal outcome measures as  
          required by the federal John H. Chafee Foster Care Independence  
          Program (42 U.S.C. Sec. 677(f)). In addition, the department, in  
          its consultation with stakeholders, shall define the supervised  
          independent living setting which shall include, but not be  
          limited to, apartment living, room and board arrangements,  
          college or university dormitories, and shared roommate settings,  
          and define how those settings meet health and safety standards  
          suitable for nonminors. The department, in its consultation with  
          stakeholders, shall define the six-month certification of the  
          conditions of eligibility pursuant to subdivision (b) to be  
          consistent with the flexibility provided by federal policy  
          guidance, to ensure that there are ample supports for a nonminor  
          to achieve the goals of his or her transition independent living  
          case plan. The department, in its consultation with  
          stakeholders, shall ensure that notices of action and other  
          forms created to inform the nonminor of due process rights and  
          how to access them shall be developed, using language consistent  
          with the special needs of the nonminor dependent population.

          (j) Notwithstanding the Administrative Procedure Act, Chapter  
          3.5 (commencing with Section 11340) of Part 1 of Division 3 of  
          Title 2 of the Government Code, the department shall prepare for  
          implementation of the applicable provisions of this section by  
          publishing, after consultation with the stakeholders listed in  
          subdivision (i), all-county letters or similar instructions from  
          the director by October 1, 2011, to be effective January 1,  
          2012. Emergency regulations to implement the applicable  
          provisions of this act may be adopted by the director in  








          SB 12 (Beall)                                           Page 48  
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          accordance with the Administrative Procedure Act. The initial  
          adoption of the emergency regulations and one readoption of the  
          emergency regulations shall be deemed to be an emergency and  
          necessary for the immediate preservation of the public peace,  
          health, safety, or general welfare. Initial emergency  
          regulations and the first readoption of those emergency  
          regulations shall be exempt from review by the Office of  
          Administrative Law. The emergency regulations authorized by this  
          section shall be submitted to the Office of Administrative Law  
          for filing with the Secretary of State and shall remain in  
          effect for no more than 180 days.

          SEC. 9. Section 11405 of the Welfare and Institutions Code is  
          amended to read:
            
          11405. (a) Except for nonminors described in paragraph (2) of  
          subdivision (e), AFDC-FC benefits shall be paid to an otherwise  
          eligible child living with a nonrelated legal guardian, provided  
          that the legal guardian cooperates with the county welfare  
          department in all of the following:

          (1) Developing a written assessment of the child's needs.

          (2) Updating the assessment no less frequently than once every  
          six months.

          (3) Carrying out the case plan developed by the county.

          (b)  Except for nonminors described in paragraph (2) of  
          subdivision (e), when AFDC-FC is applied for on behalf of a  
          child living with a nonrelated legal guardian the county welfare  
          department shall do all of the following:

          (1) Develop a written assessment of the child's needs.

          (2) Update those assessments no less frequently than once every  
          six months.

          (3) Develop a case plan that specifies how the problems  
          identified in the assessment are to be addressed.

          (4) Make visits to the child as often as appropriate, but in no  
          event less often than once every six months.









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          (c) Where the child is a parent and has a child living with him  
          or her in the same eligible facility, the assessment required by  
          paragraph (1) of subdivision (a) shall include the needs of his  
          or her child.

          (d) Nonrelated legal guardians of eligible children who are in  
          receipt of AFDC-FC payments described in this section shall be  
          exempt from the requirement to register with the Statewide  
          Registry of Private Professional Guardians pursuant to Sections  
          2850 and 2851 of the Probate Code.

          (e) (1) A nonminor youth whose nonrelated guardianship was  
          ordered in juvenile court pursuant to Section 360 or 366.26, and  
          whose dependency was dismissed, shall remain eligible for  
          AFDC-FC benefits until the youth attains 21 years of age,  
          provided that the youth enters into a mutual agreement with the  
          agency responsible for his or her guardianship, and the youth is  
          meeting the conditions of eligibility, as described in  
          paragraphs (1) to (5), inclusive, of subdivision (b) of Section  
          11403.

          (2) A nonminor former dependent or ward as defined in paragraph  
          (2) of subdivision (aa) of Section 11400 shall be eligible for  
          benefits under this section until the youth attains 21 years of  
          age if all of the following conditions are met:

          (A) The nonminor former dependent or ward attained 18 years of  
          age while in receipt of Kin-GAP benefits pursuant to Article 4.7  
          (commencing with Section 11385).

          (B) The nonminor's relationship to the kinship guardian is  
          defined in paragraph (2), (3), or (4) of subdivision (c) of  
          Section 11391.

          (C) The nonminor who was under 16 years of age at the time the  
          Kin-GAP negotiated agreement payments commenced.

          (D) The guardian continues to be responsible for the support of  
          the nonminor.

          (E) The nonminor otherwise is meeting the conditions of  
          eligibility, as described in paragraphs (1) to (5), inclusive,  
          of subdivision (b) of Section 11403.









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          (f) A child whose nonrelated guardianship was ordered in probate  
          court pursuant Article 2 (commencing with Section 1510) of  
          Chapter 1 of Part 2 of Division 4 of the Probate Code, who is  
          attending high school or the equivalent level of vocational or  
          technical training on a full-time basis, or who is in the  
          process of pursuing a high school equivalency certificate prior  
          to his or her 18th birthday may continue to receive aid  
          following his or her 18th birthday as long as the child  
          continues to reside in the guardian's home, remains otherwise  
          eligible for AFDC-FC benefits and continues to attend high  
          school or the equivalent level of vocational or technical  
          training on a full-time basis, or continues to pursue a high  
          school equivalency certificate, and the child may reasonably be  
          expected to complete the educational or training program or to  
          receive a high school equivalency certificate, before his or her  
          19th birthday. Aid shall be provided to an individual pursuant  
          to this section provided that both the individual and the agency  
          responsible for the foster care placement have signed a mutual  
          agreement, if the individual is capable of making an informed  
          agreement, documenting the continued need for out-of-home  
          placement.

          (g) (1) For cases in which a guardianship was established on or  
          before June 30, 2011, or the date specified in a final order,  
          for which the time for appeal has passed, issued by a court of  
          competent jurisdiction in California State Foster Parent  
          Association, et al. v. William Lightbourne, et al. (U.S. Dist.  
          Ct. No. C 07-05086 WHA), whichever is earlier, the AFDC-FC  
          payment described in this section shall be the foster family  
          home rate structure in effect prior to the effective date  
          specified in the order described in this paragraph.

          (2) For cases in which guardianship has been established on or  
          after July 1, 2011, or the date specified in the order described  
          in paragraph (1), whichever is earlier, the AFDC-FC payments  
          described in this section shall be the basic foster family home  
          rate set forth in paragraph (1) of subdivision (g) of Section  
          11461.

          (3) The AFDC-FC payments identified in this subdivision shall be  
          adjusted annually by the percentage change in the California  
          Necessities Index rate as set forth in paragraph (2) of  
          subdivision (g) of Section 11461.









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          (h) In addition to the AFDC-FC rate paid, all of the following  
          also shall be paid:

          (1) A specialized care increment, if applicable, as set forth in  
          subdivision (e) of Section 11461.

          (2) A clothing allowance, as set forth in subdivision (f) of  
          Section 11461.

          (3) For a child eligible for an AFDC-FC payment who is a teen  
          parent, the rate shall include the two hundred dollar ($200)  
          monthly payment made to the relative caregiver in a whole family  
          foster home pursuant to paragraph (3) of subdivision (d) of  
          Section 11465.

          SEC. 10. If the Commission on State Mandates determines that  
          this act contains costs mandated by the state, reimbursement to  
          local agencies and school districts for those costs shall be  
          made pursuant to Part 7 (commencing with Section 17500) of  
          Division 4 of Title 2 of the Government Code.