Amended in Senate March 18, 2014

Senate Bill No. 996

Introduced by Senator Evans

( begin delete Coauthor: Senator Wyland end delete begin insert Coauthors: Senators Wyland and Yee end insert )

February 12, 2014

An act to begin delete amend Section 10609.4 end delete begin insert repeal and add Section 391 end insert of the Welfare and Institutions Code, relating to juveniles.

LEGISLATIVE COUNSEL’S DIGEST

SB 996, as amended, Evans. Juveniles: begin delete Independent Living Program. end delete begin insert dependent children: documents. end insert

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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 who has reached 18 years of age until a hearing is conducted and the county welfare department has submitted a report verifying that specified information, documents, and services have been provided to the child.

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This bill would revise and recast these provisions to, among other things, require the county welfare department to submit reports at the first regularly scheduled review hearing after a dependent child has attained 16 years of age and at the last regularly scheduled review hearing before a minor attains 18 years of age, and at every regularly scheduled review hearing thereafter, verifying that the county has provided certain of the above-described information, documents, and services to the child. By increasing the reporting duties of county welfare departments, this bill would impose a state-mandated local program.

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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.

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Existing law requires the State Department of Social Services to develop statewide standards for the Independent Living Program for emancipated foster youth and eligible former dependent children of the juvenile court established and funded pursuant to federal law, to assist those individuals in making the transition to self-sufficiency. Existing law requires, consistent with federal law and reporting requirements, each county department of social services to submit to the State Department of Social Services an annual Independent Living Program report, which is required to include, among other things, an accounting of federal and state funds expended for implementation of the program. Existing law requires that expenditures be related to the specific purposes of the program. Under existing law, authorized program purposes may include, among other things, providing training in daily living skills, budgeting, locating and maintaining housing, and career planning.

end delete begin delete

This bill would specify that providing financial literacy training, including, but not limited to, banking, credit card interest rates, credit scores, the importance of savings, and the effects financial decisions can have on a youth’s future, is also an authorized purpose.

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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:

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begin insert SECTION 1. end insert   

end insert

begin insert Section 391 of the end insert begin insert Welfare and Institutions Code end insert
begin insert is repealed. end insert

begin delete

391.  

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

(b) At any 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
must also find that the nonminor has been informed of his or her
options 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.

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

end delete

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begin insert SEC. 2. end insert   

end insert

begin insert Section 391 is added to the end insert begin insert Welfare and Institutions
Code end insert begin insert , to read: end insert

begin insert

begin insert 391. end insert   

(a) (1)  At the first regularly scheduled review hearing
held pursuant to subdivision (d) of Section 366.3 after a dependent
child has attained 16 years of age, the county welfare department
shall submit a report verifying that the following information,
documents, and services have been provided to the child:

(A) Social security card, if provided to the child pursuant to
paragraph (2).

(B)  Copy of the birth certificate.

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

(D) Assistance in obtaining employment, if applicable.

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

(F) 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 until
he or she attains 26 years of age.

(G) Written information notifying the child of any financial
literacy programs or other available resources provided through
the county or other community organizations to help the youth
obtain financial literacy skills, including, but not limited to,
banking, credit card debt, student loan debt, credit scores, credit
history, and personal savings.

(2) Except as required by subdivision (b), the child’s social
security card may only be provided temporarily to the dependent
child for the following purposes:

(A) To enable the child to obtain employment.

(B) To apply for admission to an institution of postsecondary
education or a vocational training program.

(C) To apply for financial aid.

(D) To apply for or access public benefits.

(E) As otherwise determined by the child’s caseworker,
including, but not limited to, in response to a request from the
child.

(3) For purposes of this subdivision, a certified copy of the
dependent child’s birth certificate shall be provided upon request
of the child.

(b) At the last regularly scheduled review hearing held pursuant
to subdivision (d) of Section 366.3 before a dependent child attains
18 years of age, and at every regularly scheduled review hearing
thereafter, the county welfare department shall submit a report
describing efforts toward providing the following information,
documents, and services to the minor or nonminor:

(1) Social security card.

(2) Certified copy of the birth certificate.

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

(4) Assistance in obtaining employment, if applicable.

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

(6) Written information notifying the child that a current or
former dependent child who is or has been in foster care is granted
a preference for student assistant or internship positions with state
agencies pursuant to Section 18220 of the Government Code until
he or she attains 26 years of age.

(7) Written information notifying the child of any financial
literacy programs or other available resources provided through
the county or other community organizations to help the youth
obtain financial literacy skills, including, but not limited to,
banking, credit card debt, student loan debt, credit scores, credit
history, and personal savings.

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

(A) The minor’s or nonminor’s name and date of birth.

(B) The dates during which the minor or nonminor was within
the jurisdiction of the juvenile court.

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

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

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

(F) An advance health care directive form.

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

(9) If applicable, referrals to transitional housing, if available,
or assistance in securing other housing.

(10) 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.

(11) 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 either sibling.

(c) The dependency court shall not terminate jurisdiction over
a nonminor unless a hearing is conducted pursuant to this section.
At any hearing at which the court is considering terminating
jurisdiction over a nonminor, 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.

(d) (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
must also find that the nonminor has been informed of his or her
options 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.

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

(f) 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.

(g) The court shall not terminate dependency jurisdiction over
a nonminor dependent who has attained 18 years of age until a
hearing is conducted pursuant to this section. Jurisdiction shall
not be terminated until the department has submitted a report
verifying that the information, documents, and services required
under subdivisions (a) and (b), as well as 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) 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.

(2) Written information concerning the nonminor’s dependency
case, including, but not limited to, all of the following:

(A) Any known information regarding the nonminor’s Indian
heritage or tribal connections.

(B) If applicable, the nonminor’s family history and placement
history.

(C) Any photographs of the nonminor or his or her family in
the possession of the county welfare department, other than
forensic photographs.

(D) Directions on how to access the documents the nonminor
is entitled to inspect under Section 827.

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

(F) The date on which the jurisdiction of the juvenile court
would be terminated.

(3) The health and education summary described in subdivision
(a) of Section 16010.

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

(5) Assistance with the following:

(A) Completing an application for Medi-Cal or assistance in
obtaining other health insurance.

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

(C) Obtaining employment or other financial support, if
applicable.

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begin insert SEC. 3. 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.

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SECTION 1.  

Section 10609.4 of the Welfare and Institutions
Code is amended to read:

10609.4.  

(a) On or before July 1, 2000, the State Department
of Social Services, in consultation with county and state
representatives, foster youth, and advocates, shall do both of the
following:

(1) Develop statewide standards for the implementation and
administration of the Independent Living Program established
pursuant to the federal Consolidated Omnibus Budget
Reconciliation Act of 1985 (Public Law 99-272).

(2) Define the outcomes for the Independent Living Program
and the characteristics of foster youth enrolled in the program for
data collection purposes.

(b) Consistent with federal law and reporting requirements, each
county department of social services shall submit to the department
an annual Independent Living Program report, which shall include
the following:

(1) An accounting of federal and state funds expended for
implementation of the program. A county shall spend no more
than 30 percent of federal Independent Living Program funds on
housing. Expenditures shall be related to the specific purposes of
the program. It is the intent of the Legislature that the department,
in consultation with counties, shall develop a process for reporting
that satisfies federal law and reporting requirements. Program
purposes may include, but are not limited to, all of the following:

(A) Enabling participants to seek a high school diploma or its
equivalent or to take part in appropriate vocational training, and
providing job readiness training and placement services, or building
work experience and marketable skills, or both.

(B) Providing training in daily living skills, budgeting, locating
and maintaining housing, and career planning.

(C) Providing for individual and group counseling.

(D) Integrating and coordinating services otherwise available
to participants.

(E) Providing each participant with a written transitional
independent living plan that will be based on an assessment of his
or her needs, that includes information provided by persons who
have been identified by the participant as important to the
participant in cases in which the participant has been in
out-of-home placement for six months or longer from the date the
participant entered foster care, consistent with the participant’s
best interests, and that will be incorporated into his or her case
plan.

(F) Providing participants who are within 90 days of attaining
18 years of age, or older as the state may elect under Section
475(8)(B)(iii) of the federal Social Security Act (42 U.S.C. Sec.
675(8)(B)(iii)), including those former foster care youth receiving
Independent Living Program Aftercare Services, the opportunity
to complete the exit transition plan as required by paragraph (16)
of subdivision (f) of Section 16501.1.

(G) Providing participants with other services and assistance
designed to improve independent living.

(H) Convening persons who have been identified by the
participant as important to him or her for the purpose of providing
information to be included in his or her written transitional
independent living plan.

(I) Providing financial literacy training, including, but not
limited to, banking, credit card interest rates, credit scores, the
importance of savings, and the effects financial decisions can have
on the participant’s future.

(2) Counties shall ensure timely and accurate data entry into
the Child Welfare Services/Case Management System (CWS/CMS)
for all youth receiving services pursuant to this section.

(3) Counties shall ensure that eligible foster care youth continue
to receive information about, and are provided with an opportunity
to complete, the National Youth in Transition Database (NYTD)
survey, based on an updated process that shall be developed jointly
by the department, in consultation with counties to ensure
maximum participation in the survey completion and compliance
with federal requirements, as follows:

(A) Counties shall provide information to the youth about the
NYTD survey within 60 days prior to the date the current or former
foster youth is required to be offered the survey.

(B) Within 45 days following the youth in foster care turning
17 years of age, counties shall ensure that each youth has an
opportunity to complete the NYTD survey as required by federal
law.

(C) Counties shall contact the youth who completed the survey
at age 17, in order to request that they complete the followup
survey before their 19th and 21st birthdays.

(D) Counties shall provide opportunities for current and former
eligible foster youth to take the NYTD survey online at child
welfare services and probation offices.

(c) The county department of social services in a county that
provides transitional housing placement services pursuant to
paragraph (2) of subdivision (a) of Section 11403.2 shall include
in its annual Independent Living Program report a description of
currently available transitional housing resources in relation to the
number of emancipating pregnant or parenting foster youth in the
county, and a plan for meeting any unmet transitional housing
needs of the emancipating pregnant or parenting foster youth.

(d) In consultation with the department, a county may use
different methods and strategies to achieve the standards and
outcomes of the Independent Living Program developed pursuant
to subdivision (a).

(e) In consultation with the County Welfare Directors
Association, the California Youth Connection, and other
stakeholders, the department shall develop and adopt emergency
regulations, no later than July 1, 2012, in accordance with Section
11346.1 of the Government Code that counties shall be required
to meet when administering the Independent Living Program and
that are achievable within existing program resources and any
federal funds available for case management and case plan review
functions for nonminor dependents, as provided for in the federal
Fostering Connections to Success and Increasing Adoptions Act
of 2008 (Public Law 110-351). The initial adoption of emergency
regulations and one readoption of the initial regulations shall be
deemed to be an emergency and necessary for the immediate
preservation of the public peace, health and safety, or general
welfare. Initial emergency regulations and the first readoption of
those regulations shall be exempt from review by the Office of
Administrative Law. The initial emergency regulations and the
first readoption of those regulations authorized by this subdivision
shall be submitted to the Office of Administrative Law for filing
with the Secretary of State and each shall remain in effect for no
more than 180 days.

(f) The department, in consultation with representatives of the
Legislature, the County Welfare Directors Association, the Chief
Probation Officers of California, the Judicial Council,
representatives of tribes, the California Youth Connection, former
foster youth, child advocacy organizations, labor organizations,
dependency counsel for children, juvenile justice advocacy
organizations, foster caregiver organizations, and researchers, shall
review and develop modifications needed to the Independent Living
Program to also serve the needs of nonminor dependents, as defined
in subdivision (v) of Section 11400, eligible for services pursuant
to Section 11403. These modifications shall include the exit
transition plan required to be completed within the 90-day period
immediately prior to the date the nonminor participant attains the
age that would qualify the participant for federal financial
participation, as described in Section 11403, pursuant to Section
675(5)(H) of Title 42 of the United States Code. Notwithstanding
the Administrative Procedure Act, Chapter 3.5 (commencing with
Section 11340) of Part 1 of Division 3 of Title 2 of the Government
Code, through June 30, 2012, the department shall prepare for
implementation of the applicable provisions of this section by
publishing all-county letters or similar instructions from the director
by October 1, 2011, to be effective January 1, 2012.

(g) Beginning in the 2011-12 fiscal year and for each fiscal
year thereafter, funding and expenditures for programs and
activities required under this section shall be in accordance with
the requirements provided in Sections 30025 and 30026.5 of the
Government Code.

end delete