BILL NUMBER: AB 270 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY MARCH 27, 2009
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 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, 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 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) A voter registration form.
(ix) If applicable, a United States Selective Service registration
form for federal compliance to assist the
dependent child to comply with the requirements of the
federal Military Selective Service Act (50 U.S.C. Appen. Sec. 451 et
seq.) .
(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.
(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.
(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 paragraph
(2) of subdivision (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.