BILL ANALYSIS
AB 921
Page 1
Date of Hearing: April 28, 2009
ASSEMBLY COMMITTEE ON HUMAN SERVICES
Jim Beall, Jr., Chair
AB 921 (Jones) - As Amended: April 13, 2009
SUBJECT : Juvenile court jurisdiction: services and benefits
SUMMARY : Establishes requirements for probation officer or
social worker notification to dependents or wards who have been
in foster care whenever the juvenile court orders a hearing to
terminate jurisdiction on the basis of age. Specifically, this
bill requires that, whenever the juvenile court orders a hearing
to terminate court jurisdiction on the basis of age over a
dependent child or ward who was in foster care at any time, the
court order the social worker or probation officer, as
applicable, to provide the dependent child or ward with the
following:
1)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.
2)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.
EXISTING LAW
1)Requires the state, through the Department of Social Services
and county welfare departments, to establish and support a
system of statewide child welfare, which includes services
related to foster care placement of dependent children and
independent living.
2)Provides for state and county probation department oversight
of youth as wards of the juvenile court for violations of
laws, habitual disobedience, or truancy.
AB 921
Page 2
3)Provides that whenever a minor appears to come within the
description of both a dependent and a ward of the juvenile
court, the county probation department and child welfare
services department shall, pursuant to a jointly written
protocol, initially determine which status will serve the best
interests of the minor and the protection of society.
4)Allows the minor to simultaneously be designated as a
dependent child and a ward of the court if the minor meets
certain criteria as specified in the joint protocol and only
if the joint protocol has been entered into by both
departments.
5)Provides for a range of child welfare services for children
and families and independent living services.
6)Provides for the termination of juvenile court jurisdiction
over a ward or foster child based on age.
FISCAL EFFECT : Unknown
COMMENTS : According to the author, "[w]hen foster youth are
reassigned from dependency (foster care) court status to
delinquency court status; they become a 'ward of the court' and
often lose their connection to and relationship with the foster
care system." The author notes further that wards are often
retained longer than necessary in the juvenile justice system
because of the unavailability of housing in the foster care
system. "As a result, many former foster youth 'age out'
(become 18 years old) while residents in juvenile court
facilities ... When this happens, they are not 'counted' when
the social service system identifies foster youth who will be
eligible to participate in Independent Living Program (ILP)
services, and are generally not made aware of those services."
According to the author, "[a]lthough probation officials are
expected to assist these former foster youth establish
relationships with available transitional programs and services,
as a practical matter that rarely occurs." There may be a
question, therefore, as to whether the identified problem
requires a change in existing law or is, instead, an
implementation issue.
This bill is intended to re-connect dual status children (who
are simultaneously designated as a dependent child and a ward),
AB 921
Page 3
or former foster children who subsequently become wards of the
court, with transitional programs available through the foster
care system. According to the Children's Advocacy Institute
(CAI), the bill's sponsor, this bill "will ensure that every
dependent child that becomes a ward of the court receives ILP
services and all other state services entitled to emancipating
former foster youth regardless of their residency status while a
ward of the court." CAI further notes that, "[t]he commitment
the state has made to its children should not stop just because
a child gets in trouble with the law. If anything these kids
need more love, more support and more tools. ... These children
are foster children. They may have gotten in trouble with the
law but they still do not have parents and it should continue to
be the job of the state to provide these children with every
opportunity possible to help them succeed."
This bill would ensure that, when jurisdiction of the juvenile
court is to be terminated on the basis of age, dual status
children and former foster children are provided with
documentation confirming their status as a former foster youth,
advising them of their eligibility for public and private
services and benefits available to former foster youth, and
providing them with information about assistance available to
enable them to apply for such programs.
REGISTERED SUPPORT / OPPOSITION :
Support
Children's Advocacy Institute (sponsor)
John Burton Foundation for Children Without Homes
Opposition
None on file.
Analysis Prepared by : Eric Gelber / HUM. S. / (916) 319-2089