BILL NUMBER: AB 921	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  APRIL 13, 2009

INTRODUCED BY   Assembly Member Jones

                        FEBRUARY 26, 2009

   An act to  amend Section 241.1 of   add
Section 607.5 to  the Welfare and Institutions Code, relating to
children.



	LEGISLATIVE COUNSEL'S DIGEST


   AB 921, as amended, Jones.  Dual status children: access
to services.   Juvenile court jurisdiction: services and
benefits.  
   Existing law provides that, whenever a minor appears to come
within the description of both a dependent child and a ward of the
juvenile court, the county probation department and the child welfare
services department are required initially to determine which status
will serve the best interests of the minor and the protection of
society, pursuant to a jointly developed written protocol. 

   Existing law provides that a minor may be adjudged a dependent
child or a ward of the juvenile court under specified circumstances.
Existing law authorizes the court to place a minor who has been
removed from the custody of his or her parent or guardian to be
placed in foster care among other placements, as specified. Existing
law provides for the termination of the juvenile court when the minor
reaches a specified age. 
   This bill  , in addition,  would require the 
juvenile court, whenever it orders a hearing to terminate, on the
basis of age, the jurisdiction of the court over a dependent child or
ward who was in foster care, to order the social worker or 
probation  department   officer  to
 make every effort to ensure that the child's access to
foster care services and supports is not relinquished  
provide to the dependent child or ward a written notice stating that
the person is a former foster child and is eligible for the services
and benefits that are available to a former foster child through
public and private programs, and to provide to the ward all necessary
information regarding the availability of, and assistance to enable
the ward to apply for and gain acceptance into, federal and state
programs that provide independent living services and benefits to
former foster children for which the person is or may be eligible
 .
   By imposing additional duties upon  county officials
  probation officers  , this bill would create a
state-mandated local program.
   The California Constitution requires the state to reimburse local
agencies and school districts for certain costs mandated by the
state. Statutory provisions establish procedures for making that
reimbursement.
   This bill would provide that, if the Commission on State Mandates
determines that the bill contains costs mandated by the state,
reimbursement for those costs shall be made pursuant to these
statutory provisions.
   Vote: majority. Appropriation: no. Fiscal committee: yes.
State-mandated local program: yes.


THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:

   SECTION 1.    Section 607.5 is added to the 
 Welfare and Institutions Code   , to read:  
   607.5.  Notwithstanding any other provision of law, whenever the
juvenile court orders a hearing to terminate, on the basis of age,
the jurisdiction of the court, over a dependent child or a ward who
was in foster care at any time, the court shall order the social
worker or probation officer, as applicable, to provide to the
dependent child or ward both of the following:
   (a) A written notice stating that the person is a former foster
child and is eligible for the services and benefits that are
available to a former foster child through public and private
programs, including, but not limited to, any independent living
program for former foster children.
   (b) All necessary information regarding the availability of, and
assistance to enable the person to apply for and gain acceptance
into, federal and state programs that provide independent living
services and benefits to former foster children, including, but not
limited to, financial assistance, housing, and educational resources,
for which he or she is or may be eligible. 
   SEC. 2.    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.  
  SECTION 1.    Section 241.1 of the Welfare and
Institutions Code is amended to read:
   241.1.  (a) Whenever a minor appears to come within the
description of both Section 300 and Section 601 or 602, the county
probation department and the child welfare services department shall,
pursuant to a jointly developed written protocol described in
subdivision (b), initially determine which status will serve the best
interests of the minor and the protection of society. The
recommendations of both departments shall be presented to the
juvenile court with the petition that is filed on behalf of the
minor, and the court shall determine which status is appropriate for
the minor. Any other juvenile court having jurisdiction over the
minor shall receive notice from the court, within five calendar days,
of the presentation of the recommendations of the departments. The
notice shall include the name of the judge to whom, or the courtroom
to which, the recommendations were presented.
   (b) The probation department and the child welfare services
department in each county shall jointly develop a written protocol to
ensure appropriate local coordination in the assessment of a minor
described in subdivision (a), and the development of recommendations
by these departments for consideration by the juvenile court. These
protocols shall require, which requirements shall not be limited to,
consideration of the nature of the referral, the age of the minor,
the prior record of the minor's parents for child abuse, the prior
record of the minor for out-of-control or delinquent behavior, the
parents' cooperation with the minor's school, the minor's functioning
at school, the nature of the minor's home environment, and the
records of other agencies that have been involved with the minor and
his or her family. The protocols also shall contain provisions for
resolution of disagreements between the probation and child welfare
services departments regarding the need for dependency or ward status
and provisions for determining the circumstances under which a new
petition should be filed to change the minor's status. The probation
department shall make every effort to ensure that access to foster
care services and support for a minor described in subdivision (a) is
not relinquished.
   (c) Whenever a minor who is under the jurisdiction of the juvenile
court of a county pursuant to Section 300, 601, or 602 is alleged to
come within the description of Section 300, 601, or 602 by another
county, the county probation department or child welfare services
department in the county that has jurisdiction under Section 300,
601, or 602 and the county probation department or child welfare
services department of the county alleging the minor to be within one
of those sections shall initially determine which status will best
serve the best interests of the minor and the protection of society.
The recommendations of both departments shall be presented to the
juvenile court in which the petition is filed on behalf of the minor,
and the court shall determine which status is appropriate for the
minor. In making their recommendation to the juvenile court, the
departments shall conduct an assessment consistent with the
requirements of subdivision (b). Any other juvenile court having
jurisdiction over the minor shall receive notice from the court in
which the petition is filed within five calendar days of the
presentation of the recommendations of the departments. The notice
shall include the name of the judge to whom, or the courtroom to
which, the recommendations were presented.
   (d) Except as provided in subdivision (e), nothing in this section
shall be construed to authorize the filing of a petition or
petitions, or the entry of an order by the juvenile court, to make a
minor simultaneously both a dependent child and a ward of the court.
   (e) Notwithstanding subdivision (d), the probation department and
the child welfare services department, in consultation with the
presiding judge of the juvenile court, in any county may create a
jointly written protocol to allow the county probation department and
the child welfare services department to jointly assess and produce
a recommendation that the child be designated as a dual status child,
allowing the child to be simultaneously a dependent child and a ward
of the court. This protocol shall be signed by the chief probation
officer, the director of the county social services agency, and the
presiding judge of the juvenile court prior to its implementation. No
juvenile court may order that a child is simultaneously a dependent
child and a ward of the court pursuant to this subdivision unless and
until the required protocol has been created and entered into. This
protocol shall include:
   (1) A description of the process to be used to determine whether
the child is eligible to be designated as a dual status child.
   (2) A description of the procedure by which the probation
department and the child welfare services department will assess the
necessity for dual status for specified children and the process to
make joint recommendations for the court's consideration prior to
making a determination under this section. These recommendations
shall ensure a seamless transition from wardship to dependency
jurisdiction, as appropriate, so that services to the child are not
disrupted upon termination of the wardship.
   (3) A provision for ensuring communication between the judges who
hear petitions concerning children for whom dependency jurisdiction
has been suspended while they are within the jurisdiction of the
juvenile court pursuant to Section 601 or 602. A judge may
communicate by providing a copy of any reports filed pursuant to
Section 727.2 concerning a ward to a court that has jurisdiction over
dependency proceedings concerning the child.
   (4) A plan to collect data in order to evaluate the protocol
pursuant to Section 241.2.
   (5) Counties that exercise the option provided for in this
subdivision shall adopt either an "on-hold" system as described in
subparagraph (A) or a "lead court/lead agency" system as described in
subparagraph (B). In no case shall there be any simultaneous or
duplicative case management or services provided by both the county
probation department and the child welfare services department. It is
the intent of the Legislature that judges, in cases in which more
than one judge is involved, shall not issue conflicting orders.
   (A) In counties in which an on-hold system is adopted, the
dependency jurisdiction shall be suspended or put on hold while the
child is subject to jurisdiction as a ward of the court. When it
appears that termination of the court's jurisdiction, as established
pursuant to Section 601 or 602, is likely and that reunification of
the child with his or her parent or guardian would be detrimental to
the child, the county probation department and the child welfare
services department shall jointly assess and produce a recommendation
for the court regarding whether the court's dependency jurisdiction
shall be resumed.
   (B) In counties in which a lead court/lead agency system is
adopted, the protocol shall include a method for identifying which
court or agency will be the lead court/lead agency. That court or
agency shall be responsible for case management, conducting
statutorily mandated court hearings, and submitting court reports.
 
  SEC. 2.    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.