AB 2573, as introduced, Stone. Foster care: transition jurisdiction.
Existing law establishes transition jurisdiction for the juvenile court, and generally provides that minors who are wards in foster care placement, and certain nonminors who are eligible for aid, and who satisfy other specified criteria, including that their rehabilitative goals have been met and juvenile court jurisdiction over them as a ward is no longer required, are within the transition jurisdiction of the juvenile court.
This bill would delete that criterion that the juvenile’s rehabilitative goals have been met, and instead provide that a minor or nonminor over whom the juvenile court has determined jurisdiction as a ward is no longer required, and who satisfies those other specified criteria, is within the transition jurisdiction of the juvenile court.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 450 of the Welfare and Institutions Code
2 is amended to read:
(a) A minor or nonminor who satisfies all of the following
2criteria is within the transition jurisdiction of the juvenile court:
3(1) (A) The minor is a ward who is older than 17 years and 5
4months of age and younger than 18 years of age and in foster care
5placement, or the nonminor is a ward in foster care placement who
6was a ward subject to an order for foster care placement on the
7day he or she attained 18 years of age and on and after January 1,
82012, has not attained 19 years of age, or, commencing January
91, 2013, 20 years of age, or, commencing January 1, 2014, 21 years
10of age.
11(B) Notwithstanding subparagraph (A), the nonminor is a ward
12who has been receiving aid pursuant to
Article 5 (commencing
13with Section 11400) of Chapter 2 of Part 3 of Division 9 between
14January 1, 2012, and December 31, 2012, and attains 19 years of
15age prior to January 1, 2013, or who has been receiving that aid
16between January 1, 2013, and December 31, 2013, and attains 20
17years of age prior to January 1, 2014, and who may continue to
18receive aid under the applicable program, provided that the
19nonminor dependent continues to meet all other applicable
20eligibility requirements as specified in Section 11403.
21(2) The ward meets either of the following conditions:
22(A) The ward was removed from the physical custody of his or
23her parents or legal guardian, adjudged to be a ward of the juvenile
24court under Section 725, and ordered into foster care placement
25as a ward.
26(B) The ward was removed from the custody of his or
her
27parents or legal guardian as a dependent of the court with an order
28for foster care placement as a dependent in effect at the time the
29court adjudged him or her to be a ward of the juvenile court under
30Section 725.
31(3) The rehabilitative goals of the minor or nonminor, as set
32forth in the case plan, have been met, and juvenile court jurisdiction
33over the minor or nonminor as a ward is no longer required.
34(3) The juvenile court has determined that jurisdiction over the
35minor or nonminor as a ward pursuant to Section 602 is no longer
36required.
37(4) (A) If the ward is a minor, reunification services have been
38terminated; the matter has not been set for a hearing for termination
39of parental rights pursuant to Section 727.3 or for the establishment
40of guardianship pursuant to Section 728; the return of the child to
P3 1the physical custody of the parents or legal guardian would create
2a substantial risk of detriment to the child’s safety, protection, or
3physical or emotional well-being; and the minor has indicated an
4intent to sign a mutual agreement, as described in subdivision (u)
5of Section 11400, with the responsible agency for placement in a
6supervised setting as a nonminor dependent.
7(B) If the ward is a nonminor, he or she has signed a mutual
8agreement, as described in subdivision (u) of Section 11400, with
9the responsible agency for placement in a supervised setting as a
10nonminor dependent or has signed a voluntary reentry agreement,
11as described in subdivision (z) of
Section 11400 for placement in
12a supervised setting as a nonminor dependent. A runaway and
13homeless youth shelter licensed by the State Department of Social
14Services pursuant to Section 1502.35 of the Health and Safety
15Code shall not be a placement option pursuant to this section.
16(b) A minor who is subject to the court’s transition jurisdiction
17shall be referred to as a transition dependent.
18(c) A youth subject to the court’s transition jurisdiction who is
1918 years of age or older shall be referred to as a nonminor
20dependent.
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