SB 1344, as introduced, Evans. Foster care: transition jurisdiction.
Existing law, generally provides that a minor who is a ward and in foster care placement, or a nonminor who 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 who did not turn 21 years of age prior to January 1, 2014, and who satisfies other specified criteria, is under the transition jurisdiction of the juvenile court. Existing law requires the court to hold a hearing prior to terminating transition jurisdiction over a nonminor dependent and requires the agency responsible for supervising a nonminor dependent subject to the court’s transition jurisdiction to complete several actions, including submitting a report describing whether it is in the nonminor dependent’s best interests to remain under the court’s jurisdiction.
This bill would make technical, nonsubstantive changes to those 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 452 of the Welfare and Institutions Code
2 is amended to read:
(a) The court shall hold a hearing prior to terminating
2transition jurisdiction over a nonminor dependent.
3(b) At a hearing during which termination of transition
4jurisdiction over a nonminor dependent is being considered, the
5court shall continue its jurisdiction to allow a nonminor dependent
6who is eligible for foster care placement pursuant to Section 11403
7to remain in foster care, unless the court finds that after reasonable
8and documented efforts, the nonminor dependent cannot be located
9or does not wish to remain a nonminor dependent. In making this
10finding, the court shall ensure that the nonminor dependent has
11had an opportunity to confer with his or her counsel and has been
12informed of his or her options, including the right to reenter foster
13care placement
by completing a voluntary reentry agreement, as
14described in subdivision (z) of Section 11400, and the right to file
15a petition pursuant to subdivision (e) of Section 388 to resume
16transition jurisdiction pursuant to Section 450.
17(c) The agency responsible under the county protocol for
18supervising a nonminor dependent subject to the court’s transition
19jurisdiction shall complete all of the following actions for a hearing
20during which termination of transition jurisdiction over a nonminor
21dependent is being considered:
22(1) Ensure that the nonminor dependent is present in court for
23the hearing, unless the nonminor dependent has waived his or her
24right to appear in court and elects to appear by telephonebegin delete insteadend delete
25begin insert
instead,end insert or document the reasonable efforts it made to locate the
26nonminor dependent when the nonminor dependent is not available
27to appear at the hearing.
28(2) Submit a report describing whether it is in the nonminor
29dependent’s best interests to remain under the court’s jurisdiction.
30(3) Submit the completed 90-day transition plan.
31(4) The placing agency’s report shall address the manner in
32which the nonminor was informed of his or her right to reenter
33foster care prior to attaining 21 years of age, if the nonminor
34dependent has indicated that he or she does not want juvenile court
35transition jurisdiction to continue.
36(5) Submit written verification that the information, documents,
37and services set forth in paragraphsbegin delete 1 to 8,end deletebegin insert
(1) to (8),end insert inclusive, of
38subdivision (e) of Section 391 have been provided to the nonminor
39dependent.
P3 1(6) Certify that the requirements set forth in Section 607.5 have
2been completed.
3(d) If the court terminates transition jurisdiction, the nonminor
4shall remain within the general jurisdiction of the court until the
5nonminor attains 21 years of age to allow for the filing of a petition
6to resume juvenile court transition jurisdiction under subdivision
7(e) of Section 388, although no review proceedings shall be
8required.
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