Bill Text: CA AB270 | 2009-2010 | Regular Session | Amended

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Dependent children.

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2010-02-02 - From committee: Filed with the Chief Clerk pursuant to Joint Rule 56. [AB270 Detail]

Download: California-2009-AB270-Amended.html

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BILL NUMBER: AB 270	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  MARCH 18, 2009

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 amended, 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  , including the dates the child was within   the
jurisdiction of the juvenile court  , 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  require the county welfare department to
fulfill these duties both at the court hearing closest to and before
a dependent child's 18th birthday, and at the hearing to terminate
jurisdiction over a dependent child who has reached the age of
majority. The bill would  additionally require that the 
documents and  information  , documents, and services
 to be provided to the child include  whether the child is
currently within the jurisdiction of the juvenile court,  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  for federal compliance. The
bill would require the county welfare department to screen the child
and file for the federal Supplemental Security Income (SSI) program,
if the child is likely to be eligible for benefits, and to ensure
that the child has received a consumer credit report, as specified
 . 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
 , and services  described above  , unless the child no
longer wishes to be a dependent of the court  . 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   the court hearing closest
to and before a dependent child's 18th birthday, and at the 
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.  If the child is   currently
within the court's jurisdiction, this information shall also be
indicated. 
   (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.  Any information specific to any other
resident of those addresses, including names of other residents,
shall not be indicated. 
   (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   A voter  registration
form.
   (ix) If applicable, a United States Selective Service registration
form  for federal compliance  .
   (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) Pursuant to Section 13757, screen the child for potential
eligibility for the federal Supplemental Security Income (SSI)
program and file an application on behalf of the child, if he or she
is likely to be eligible for federal SSI benefits.  
   (E) Ensure that the child has received a consumer credit report
pursuant to Section 10618.6.  
   (D) 
    (F)    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) 
    (G)    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   (a), unless the child no longer wishes to
be a dependent of the court  . 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.