Amended in Assembly April 21, 2014

California Legislature—2013–14 Regular Session

Assembly Bill No. 2573

Introduced by Assembly Member Stone

February 21, 2014

An act to amend Section begin delete 450 end delete begin insert 388 end insert of the Welfare and Institutions Code, relating to juveniles.

LEGISLATIVE COUNSEL’S DIGEST

AB 2573, as amended, 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. begin insert Existing law provides that a nonminor who was subject to an order for foster care placement at the time he or she attained 18 years of age and who has not attained 21 years of age, for whom the court has dismissed transition jurisdiction, dependency jurisdiction, or delinquency jurisdiction, but has retained general jurisdiction, may petition the court for a hearing to resume dependency jurisdiction over a former dependent or assume or resume transition jurisdiction over a former delinquent ward. end insert

This bill would begin delete 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. end delete begin insert authorize a court to assume or resume transition jurisdiction over a nonminor who attained 18 years of age while subject to an order for foster care placement without consideration of whether the rehabilitative goals of the nonminor, as set forth in the case plan in place at the time the court dismissed delinquency jurisdiction, have been met. By increasing the duties of local entities related to, and as a result of, the juvenile court assuming or resuming transition jurisdiction, this bill would impose a state-mandated local program. end insert

begin insert

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.

end insert begin insert

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.

end insert

Vote: majority. Appropriation: no. Fiscal committee:  begin delete no end delete begin insert yes end insert . State-mandated local program:  begin delete no end delete begin insert yes end insert .

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

begin insert

begin insert SECTION 1. end insert   

end insert

begin insert Section 388 of the end insert begin insert Welfare and Institutions Code end insert
begin insert is amended to read: end insert

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) Any person, including a child or the 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, 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. The court may appoint a guardian ad litem
to file the petition for the dependent child asserting the sibling
relationship 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:

(1) Through which parent he or she is related to the dependent
child.

(2) Whether he or she is related to the dependent child by blood,
adoption, or affinity.

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

(4) 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 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.

(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)  begin delete On and after January 1, 2012, a end delete begin insert A end insert nonminor who attained
18 years of age while subject to an order for foster care placement
begin delete and, commencing January 1, 2012, end delete begin insert and end insert who has not attained begin delete 19
years of age, or, commencing January 1, 2013, 20 years of age,
or, commencing January 1, 2014, end delete 21 years of age, or as described
in Section 10103.5, for whom the court has dismissed dependency
jurisdiction pursuant to Section 391, or delinquency jurisdiction
pursuant to Section 607.2, or transition jurisdiction pursuant to
Section 452, but has retained general jurisdiction under subdivision
(b) of Section 303, 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.

(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,
subject to an order for foster care placement when he or she
attained 18 years of age, and has not attained the age limits
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 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 was previously under juvenile court
jurisdiction subject to an order for foster care placement when he
or she attained 18 years of age.

(ii) The nonminor has not attained the age limits 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.

begin insert

(B) Notwithstanding paragraph (3) of subdivision (a) of Section
450, the court may assume or resume transition jurisdiction,
pursuant to Section 450, of a nonminor who attained 18 years of
age while subject to an order for foster care placement without
consideration of whether the rehabilitative goals of the nonminor,
as set forth in the case plan in place at the time the court dismissed
delinquency jurisdiction pursuant to Section 607.2, have been met.

end insert begin delete

(B)

end delete

begin insert ( end insert begin insert C) end insert  In no event shall the court grant a continuance that would
cause the hearing to resume dependency jurisdiction or to assume
or resume transition jurisdiction to be completed more than 120
days after the date the petition was filed.

begin delete

(C)

end delete

begin insert ( end insert begin insert D) end insert  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.

begin insert

begin insert SEC. 2. end insert   

end insert begin insert

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.

end insert

begin delete

SECTION 1.  

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) 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 the nonminor is a ward in foster care placement who
was a ward subject to an order for foster care placement on the
day he or she attained 18 years of age and on and after January 1,
2012, has not attained 19 years of age, or, commencing January
1, 2013, 20 years of age, or, commencing January 1, 2014, 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 between
January 1, 2012, and December 31, 2012, and attains 19 years of
age prior to January 1, 2013, or who has been receiving that aid
between January 1, 2013, and December 31, 2013, and attains 20
years of age prior to January 1, 2014, 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 under
Section 725.

(3) The juvenile court has determined that jurisdiction over the
minor or nonminor as a ward pursuant to Section 602 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.

end delete