Senate Bill No. 977

Introduced by Senator Liu

February 11, 2014

An act to amend Section 391 of the Welfare and Institutions Code, relating to juveniles.

LEGISLATIVE COUNSEL’S DIGEST

SB 977, as introduced, Liu. Juveniles: dependency court.

Existing law establishes the jurisdiction of the juvenile court, which is permitted to adjudge certain children to be dependents of the court under certain circumstances, and prescribes various hearings and other procedures for these purposes. Existing law prohibits the court from terminating dependency jurisdiction over a nonminor until a hearing is conducted and requires the county welfare to ensure that the dependent nonminor is present in court, unless the nonminor does not wish to appear in court and elects a telephonic appearance, as specified.

This bill would make technical, nonsubstantive changes to these provisions.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

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

SECTION 1.  

Section 391 of the Welfare and Institutions Code
is amended to read:

391.  

(a) The dependency court shall not terminate jurisdiction
over a nonminor unless a hearing is conducted pursuant to this
section.

(b) At begin delete any end delete begin insert a end insert hearing for a nonminor at which the court is
considering termination of the jurisdiction of the juvenile court,
the county welfare department shall do all of the following:

(1) Ensure that the dependent nonminor is present in court,
unless the nonminor does not wish to appear in court, and elects
a telephonic appearance, or document reasonable efforts made by
the county welfare department to locate the nonminor when the
nonminor is not available.

(2) Submit a report describing whether it is in the nonminor’s
best interests to remain under the court’s dependency jurisdiction,
which includes a recommended transitional independent living
case plan for the nonminor when the report describes continuing
dependency jurisdiction as being in the nonminor’s best interest.

(3) If the county welfare department recommends termination
of the court’s dependency jurisdiction, submit documentation of
the reasonable efforts made by the department to provide the
nonminor with the assistance needed to meet or maintain eligibility
as a nonminor dependent, as defined in paragraphs (1) to (5),
inclusive, of subdivision (b) of Section 11403.

(4) If the nonminor has indicated that he or she does not want
dependency jurisdiction to continue, the report shall address the
manner in which the nonminor was advised of his or her options,
including the benefits of remaining in foster care, and of his or her
right to reenter foster care and to file a petition pursuant to
subdivision (e) of Section 388 to resume dependency jurisdiction
prior to attaining 21 years of age.

(c) (1) The court shall continue dependency jurisdiction over
a nonminor who meets the definition of a nonminor dependent as
described in subdivision (v) of Section 11400 unless the court finds
either of the following:

(A) That the nonminor does not wish to remain subject to
dependency jurisdiction.

(B) That the nonminor is not participating in a reasonable and
appropriate transitional independent living case plan.

(2) In making the findings pursuant to paragraph (1), the court
begin delete must end delete begin insert shall end insert also find that the nonminor has been informed of his
or her begin delete options end delete begin insert options, end insert including the benefits of remaining in foster
care and the right to reenter foster care by filing a petition pursuant
to subdivision (e) of Section 388 to resume dependency jurisdiction
and by completing a voluntary reentry agreement pursuant to
subdivision (z) of Section 11400, and has had an opportunity to
confer with his or her counsel if counsel has been appointed
pursuant to Section 317.

(d) (1) The court may terminate its jurisdiction over a nonminor
if the court finds after reasonable and documented efforts the
nonminor cannot be located.

(2) When terminating dependency jurisdiction the court shall
maintain general jurisdiction over the nonminor to allow for the
filing of a petition to resume dependency jurisdiction under
subdivision (e) of Section 388 until the nonminor attains 21 years
of age, although no review proceedings shall be required. A
nonminor may petition the court pursuant to subdivision (e) of
Section 388 to resume dependency jurisdiction at any time before
attaining 21 years of age.

(e) The court shall not terminate dependency jurisdiction over
a nonminor who has attained 18 years of age until a hearing is
conducted pursuant to this section and the department has
submitted a report verifying that the following information,
documents, and services have been provided to the nonminor, or
in the case of a nonminor who, after reasonable efforts by the
county welfare department, cannot be located, verifying the efforts
made to make the following available to the nonminor:

(1) Written information concerning the nonminor’s case,
including any known information regarding the nonminor’s Indian
heritage or tribal connections, if applicable, his or her family
history and placement history, any photographs of the nonminor
or his or her family in the possession of the county welfare
department, other than forensic photographs, the whereabouts of
any siblings under the jurisdiction of the juvenile court, unless the
court determines that sibling contact would jeopardize the safety
or welfare of the sibling, directions on how to access the documents
the nonminor is entitled to inspect under Section 827, and the date
on which the jurisdiction of the juvenile court would be terminated.

(2) The following documents:

(A) Social security card.

(B) Certified copy of his or her birth certificate.

(C) Health and education summary, as described in subdivision
(a) of Section 16010.

(D) Driver’s license, as described in Section 12500 of the
Vehicle Code, or identification card, as described in Section 13000
of the Vehicle Code.

(E) A letter prepared by the county welfare department that
includes the following information:

(i) The nonminor’s name and date of birth.

(ii) The dates during which the nonminor was within the
jurisdiction of the juvenile court.

(iii) A statement that the nonminor was a foster youth in
compliance with state and federal financial aid documentation
requirements.

(F) If applicable, the death certificate of the parent or parents.

(G) If applicable, proof of the nonminor’s citizenship or legal
residence.

(H) An advance health care directive form.

(I) The Judicial Council form that the nonminor would use to
file a petition pursuant to subdivision (e) of Section 388 to resume
dependency jurisdiction.

(J) The written 90-day transition plan prepared pursuant to
Section 16501.1.

(3) Assistance in completing an application for Medi-Cal or
assistance in obtaining other health insurance.

(4) Referrals to transitional housing, if available, or assistance
in securing other housing.

(5) Assistance in obtaining employment or other financial
support.

(6) Assistance in applying for admission to college or to a
vocational training program or other educational institution and
in obtaining financial aid, where appropriate.

(7) Assistance in maintaining relationships with individuals
who are important to a nonminor who has been in out-of-home
placement for six months or longer from the date the nonminor
entered foster care, based on the nonminor’s best interests.

(8) For nonminors between 18 and 21 years of age, assistance
in accessing the Independent Living Aftercare Program in the
nonminor’s county of residence, and, upon the nonminor’s request,
assistance in completing a voluntary reentry agreement for care
and placement pursuant to subdivision (z) of Section 11400 and
in filing a petition pursuant to subdivision (e) of Section 388 to
resume dependency jurisdiction.

(9) Written information notifying the child that current or former
dependent children who are or have been in foster care are granted
a preference for student assistant or internship positions with state
agencies pursuant to Section 18220 of the Government Code. The
preference shall be granted to applicants up to 26 years of age.

(f) At the hearing closest to and before a dependent minor’s
18th birthday and every review hearing thereafter for nonminors,
the department shall submit a report describing efforts toward
completing the items described in paragraph (2) of subdivision
(e).

(g) The Judicial Council shall develop and implement standards,
and develop and adopt appropriate forms necessary to implement
this provision.

begin delete

(h) This section shall become operative on January 1, 2012.

end delete