BILL NUMBER: AB 270	INTRODUCED
	BILL TEXT


INTRODUCED BY   Assembly Member De La Torre

                        FEBRUARY 12, 2009

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


	LEGISLATIVE COUNSEL'S DIGEST


   AB 270, as introduced, De La Torre. Dependent children.
   Existing law imposes various duties on the county welfare
department at any hearing to terminate jurisdiction over a dependent
child who has reached the age of majority. Among other duties, the
county must submit a report verifying that certain information,
documents, and services have been provided to the child including
written information concerning the child's dependency case that
includes any known information regarding the child's Indian heritage
or tribal connections, if applicable, his or her family history and
placement history, and any photographs of the child or his or her
family in the possession of the department, except as specified. The
documents provided must also include a letter prepared by the county
welfare department that includes specified information regarding the
child, and, if applicable, a social security card, a certified birth
certificate, a health and education summary, an identification card,
a death certificate of parent or parents, and proof of citizenship or
residence. The court is authorized to continue jurisdiction if it
finds that the county welfare department has not met these
requirements and that termination of jurisdiction would be harmful to
the best interests of the child.
    This bill would additionally require that the documents and
information to be provided to the child include all addresses of
residency while under the jurisdiction of the juvenile court, a voter
registration form, and, if applicable, a United States Selective
Service registration form. The bill would require the court to
continue jurisdiction if it finds that the county welfare department
has not provided to the child the information and documents described
above. By imposing additional duties on local employees, the 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: yes.
State-mandated local program: yes.


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) At any hearing to terminate jurisdiction over a
dependent child who has reached the age of majority, the county
welfare department shall do all of the following:
   (1) Ensure that the child is present in court, unless the child
does not wish to appear in court, or document efforts by the county
welfare department to locate the child when the child is not
available.
   (2) Submit a report verifying that the following information,
documents, and services have been provided to the child:
   (A) Written information concerning the child's dependency case,
including any known information regarding the child's Indian heritage
or tribal connections, if applicable, his or her family history and
placement history, any photographs of the child 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 child is
entitled to inspect under Section 827, and the date on which the
jurisdiction of the juvenile court would be terminated.
   (B) The following documents:
   (i) Social security card.
   (ii) Certified birth certificate.
   (iii) Health and education summary, as described in subdivision
(a) of Section 16010.
   (iv) Driver's license, as described in Section 12500 of the
Vehicle Code, or identification card, as described in Section 13000
of the Vehicle Code.
   (v) A letter prepared by the county welfare department that
includes the following information:
   (I) The child's name and date of birth.
   (II) The dates during which the child was within the jurisdiction
of the juvenile court.
   (III) A statement that the child was a foster youth in compliance
with state and federal financial aid documentation requirements. 

   (IV) All addresses of residency while under the jurisdiction of
the juvenile court. 
   (vi) If applicable, the death certificate of the parent or
parents.
   (vii) If applicable, proof of the child's citizenship or legal
residence. 
   (viii) Voter registration form.  
   (ix) If applicable, a United States Selective Service registration
form. 
   (C) Assistance in completing an application for Medi-Cal or
assistance in obtaining other health insurance; referral to
transitional housing, if available, or assistance in securing other
housing; and assistance in obtaining employment or other financial
support.
   (D) Assistance in applying for admission to college or to a
vocational training program or other educational institution and in
obtaining financial aid, where appropriate.
   (E) Assistance in maintaining relationships with individuals who
are important to a child who has been in out-of-home placement in a
group home for six months or longer from the date the child entered
foster care, based on the child's best interests.
   (3) The court  shall continue jurisdiction if it finds that
the county welfare department has not met the requirements of
subparagraph (B) of paragraph (2) of subdivision (a). The court 
may continue jurisdiction if it finds that the county welfare
department has not met the requirements of  subparagraphs (A),
(C), (D), and (E) of  paragraph (2) of subdivision (a) and that
termination of jurisdiction would be harmful to the best interests of
the child. If the court determines that continued jurisdiction is
warranted pursuant to this section, the continuation shall only be
ordered for that period of time necessary for the county welfare
department to meet the requirements of paragraph (2) of subdivision
(a). This section shall not be construed to limit the discretion of
the juvenile court to continue jurisdiction for other reasons. The
court may terminate jurisdiction if the county welfare department has
offered the required services, and the child either has refused the
services or, after reasonable efforts by the county welfare
department, cannot be located.
   (b) The Judicial Council shall develop and implement standards,
and develop and adopt appropriate forms, necessary to implement this
section.
  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.