Amended in Senate March 26, 2014

Senate Bill No. 1344

Introduced by Senator Evans

February 21, 2014

An act to begin delete amend Section 452 of end delete begin insert add Section 4474.10 to end insert the Welfare and Institutions Code, relating to begin delete foster care. end delete begin insert developmental services. end insert

LEGISLATIVE COUNSEL’S DIGEST

SB 1344, as amended, Evans. begin delete Foster care: transition jurisdiction. end delete begin insert Developmental services: Sonoma Developmental Center. end insert

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Existing law vests in the State Department of Developmental Services jurisdiction over specified state hospitals, referred to as developmental centers, which provide residential care to persons with developmental disabilities. Existing law requires the State Department of Developmental Services to comply with procedural requirements when closing a developmental center, including submitting a plan to the Legislature and holding at least one public hearing.

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This bill would require the department to establish the Sonoma Developmental Center as the center of last resort for Northern California. The bill would require the department to confer and cooperate with the County of Sonoma to develop a detailed action plan, as specified, prior to establishing the Sonoma Developmental Center as a center of last resort and would require the County of Sonoma to ensure the inclusion and participation of certain community entities, including consumers living in the developmental center. By imposing additional duties on the County of Sonoma, 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.

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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, 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.

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

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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   

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begin insert The Legislature finds and declares both of the
following: end insert

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(a) It is the intent of this act to establish a formal communication
process between the State Department of Developmental Services
and the community within and surrounding the Sonoma
Developmental Center in order to ensure that all stakeholders are
involved in the process of determining the future of the Sonoma
Developmental Center.

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(b) There is a population within the developmentally disabled
community for whom community placement may not be appropriate
and this act is necessary to best meet the unique medical and
behavioral needs of the residents of the Sonoma Developmental
Center.

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begin insert SEC. 2. end insert   

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begin insert Section 4474.10 is added to the end insert begin insert Welfare and Institutions
Code end insert begin insert , to read: end insert

begin insert

begin insert 4474.10. end insert   

(a) The department shall establish the Sonoma
Developmental Center as the center of last resort for northern
California.

(b) (1) Prior to implementing subdivision (a), the department
shall confer and cooperate with the County of Sonoma, as the lead
local agency, to develop a detailed action plan. The County of
Sonoma shall ensure inclusion and participation in developing
the action plan of community entities, including, but not limited
to, the following:

(A) Consumers living in the developmental center.

(B) Parents, family members, guardians, and conservators of
persons living in the developmental center or their representative
organizations, including, but not limited to, the Parent Hospital
Association of Sonoma Developmental Center.

(C) Developmental center employees and employee
organizations.

(D) The local regional center.

(2) The action plan developed pursuant to paragraph (1) may
address all of the following:

(A) The appropriate strategy to ensure that the best Medi-Cal
funding structure is available to a consumer, wherever he or she
may live, who transitions from the Sonoma Developmental Center
as a result of the implementation of subdivision (a).

(B) A program for the placement of staff of the Sonoma
Developmental Center who may be displaced as a result of the
implementation of subdivision (a) in similar positions in programs
operated by, or through contract with, the county, regional centers,
or other state departments.

(C) The disposition and re-use of medical and housing facilities
located on Sonoma Developmental Center grounds, including, but
not limited to, the reuse of land and open space that is a part of
the Sonoma Developmental Center campus, that may no longer
be required for the operation of the Sonoma Developmental Center
as a result of the implementation of subdivision (a).

(c) For the purposes of this section, “center of last resort”
means a developmental center that provides services to a small
population of residents for whom community placement has been
deemed insufficient.

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begin insert SEC. 3. end insert   

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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 452 of the Welfare and Institutions Code
is amended to read:

452.  

(a) The court shall hold a hearing prior to terminating
transition jurisdiction over a nonminor dependent.

(b) At a hearing during which termination of transition
jurisdiction over a nonminor dependent is being considered, the
court shall continue its jurisdiction to allow a nonminor dependent
who is eligible for foster care placement pursuant to Section 11403
to remain in foster care, unless the court finds that after reasonable
and documented efforts, the nonminor dependent cannot be located
or does not wish to remain a nonminor dependent. In making this
finding, the court shall ensure that the nonminor dependent has
had an opportunity to confer with his or her counsel and has been
informed of his or her options, including the right to reenter foster
care placement by completing a voluntary reentry agreement, as
described in subdivision (z) of Section 11400, and the right to file
a petition pursuant to subdivision (e) of Section 388 to resume
transition jurisdiction pursuant to Section 450.

(c) The agency responsible under the county protocol for
supervising a nonminor dependent subject to the court’s transition
jurisdiction shall complete all of the following actions for a hearing
during which termination of transition jurisdiction over a nonminor
dependent is being considered:

(1) Ensure that the nonminor dependent is present in court for
the hearing, unless the nonminor dependent has waived his or her
right to appear in court and elects to appear by telephone instead,
or document the reasonable efforts it made to locate the nonminor
dependent when the nonminor dependent is not available to appear
at the hearing.

(2) Submit a report describing whether it is in the nonminor
dependent’s best interests to remain under the court’s jurisdiction.

(3) Submit the completed 90-day transition plan.

(4) The placing agency’s report shall address the manner in
which the nonminor was informed of his or her right to reenter
foster care prior to attaining 21 years of age, if the nonminor
dependent has indicated that he or she does not want juvenile court
transition jurisdiction to continue.

(5) Submit written verification that the information, documents,
and services set forth in paragraphs (1) to (8), inclusive, of
subdivision (e) of Section 391 have been provided to the nonminor
dependent.

(6) Certify that the requirements set forth in Section 607.5 have
been completed.

(d) If the court terminates transition jurisdiction, the nonminor
shall remain within the general jurisdiction of the court until the
nonminor attains 21 years of age to allow for the filing of a petition
to resume juvenile court transition jurisdiction under subdivision
(e) of Section 388, although no review proceedings shall be
required.

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