BILL ANALYSIS
SENATE HUMAN
SERVICES COMMITTEE
Senator Carol Liu, Chair
BILL NO: AB 921
A
AUTHOR: Jones
B
VERSION: May 26, 2009
HEARING DATE: June 23, 2009
9
FISCAL: To Appropriations
2
1
CONSULTANT:
Lane
SUBJECT
Juvenile court jurisdiction: services and benefits
SUMMARY
Requires probation officers to notify wards who have been
in foster care whenever the juvenile court orders a hearing
to terminate jurisdiction on the basis of age.
ABSTRACT
Current law
1)Requires the state, through the State Department of
Social Services (DSS) 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.
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
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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.
This bill
1)Requires that, whenever the juvenile court orders a
hearing to terminate court jurisdiction on the basis of
age over a ward who was previously adjudicated a
dependent child of juvenile court, the court orders the
probation officer to provide the ward with 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.
2)Declares that if the Commission on State Mandates
determines that this act contains costs mandated by the
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state, the state will reimburse local agencies and school
districts.
FISCAL IMPACT
According to the Assembly Appropriations Committee, this
bill has minimal reimbursable local costs for the workload
associated with probation officers and no new costs for
county child welfare departments.
BACKGROUND AND DISCUSSION
Purpose
This bill would ensure that when jurisdiction of the
juvenile court is to be terminated on the basis of age,
dual status children, wards of the court, and former foster
youth 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
the assistance they need to enable them to apply for such
programs.
This bill is intended to re-connect dual status children
(who are simultaneously designated as a dependent child and
a ward), 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, the bill's
sponsor, this bill "will ensure that every dependent child
who becomes a ward of the court will receive independent
living program services and all other state services
entitled to emancipating former foster youth regardless of
their residency status while a ward of the court."
The need for the bill
The author notes 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 services, and
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are generally not made aware of those services."
According to the author, "although 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.
Previous votes
Assembly Floor 78-0
Assembly Appropriations 15-0
Assembly Human Services 5-0
POSITIONS
Support: Children's Advocacy Institute (sponsor)
California State PTA
Family Law Section of the State Bar
John Burton Foundation for Children Without
Homes
Legal Services for Prisoners with Children
Oppose: None received.
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