Bill Text: CA AB2573 | 2013-2014 | Regular Session | Amended
Bill Title: Foster care: transition jurisdiction.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Engrossed - Dead) 2014-08-14 - In committee: Held under submission. [AB2573 Detail]
Download: California-2013-AB2573-Amended.html
BILL NUMBER: AB 2573 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY APRIL 21, 2014
INTRODUCED BY Assembly Member Stone
FEBRUARY 21, 2014
An act to amend Section 450 388 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. 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.
This bill would 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. 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.
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.
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.
Vote: majority. Appropriation: no. Fiscal committee: no
yes . State-mandated local program: no
yes .
THE PEOPLE OF THE STATE OF CALIFORNIA DO ENACT AS FOLLOWS:
SECTION 1. Section 388 of the Welfare
and Institutions Code is amended to read:
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) On and after January 1, 2012, a A
nonminor who attained 18 years of age while subject
to an order for foster care placement and, commencing
January 1, 2012, and who 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, 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.
(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.
(B)
( C) 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.
(C)
( D) 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.
SEC. 2. 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.
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.
