Bill Text: CA AB867 | 2023-2024 | Regular Session | Enrolled
Bill Title: Foster youth.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Vetoed) 2024-01-25 - Consideration of Governor's veto stricken from file. [AB867 Detail]
Download: California-2023-AB867-Enrolled.html
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Enrolled
September 18, 2023 |
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Passed
IN
Senate
September 13, 2023 |
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Passed
IN
Assembly
September 14, 2023 |
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Amended
IN
Senate
September 01, 2023 |
CALIFORNIA LEGISLATURE—
2023–2024 REGULAR SESSION
Assembly Bill
No. 867
| Introduced by Assembly Member Friedman |
February 14, 2023 |
An act to amend Sections 303, 391, 452, and 607.3 of the Welfare and Institutions Code, relating to public social services.
LEGISLATIVE COUNSEL'S DIGEST
AB 867, Friedman.
Foster youth.
(1) Existing law establishes the jurisdiction of the juvenile court, which is permitted to adjudge certain children to be a ward or a dependent of the court under certain circumstances, and authorizes the juvenile court to retain jurisdiction over those persons until they attain 21 years of age. Existing law authorizes nonminors who have not yet attained 21 years of age and who exited foster care at or after the age of majority to petition the court to resume dependency jurisdiction or to assume transition jurisdiction over the nonminor.
Under existing law, the county welfare department is required to submit reports at the first regularly scheduled review hearing after a dependent child has attained 16 years of age, at the last regularly scheduled review hearing before a dependent child attains 18 years of age, and at
every regularly scheduled review hearing thereafter, verifying that specified information, documents, and services have been provided to the child or nonminor.
This bill would require certain additional verifications to be included in those reports, including, among other things, verification that specified information has been included in the child’s or nonminor’s case plan.
Existing law prohibits the court from terminating jurisdiction over a nonminor dependent who has attained 18 years of age until the county welfare department has submitted a report verifying that it has provided all of the information, documents, and services referred to above to the nonminor dependent, or in the case of a nonminor dependent who, after reasonable efforts by the county welfare department, cannot be located, verifying the efforts made to make that information and those documents and services available to the nonminor dependent.
This bill would authorize the court to retain jurisdiction over a nonminor dependent who has attained 21 years of age until the county welfare department has provided the nonminor dependent that information and those documents and services and, if the nonminor dependent has not secured housing, until the county welfare department has submitted a report to the court verifying that specified requirements have been met. The bill would extend the authority of the court to retain jurisdiction over a nonminor dependent who has attained 21 years of age for the limited purpose of complying with those requirements. The bill would authorize a nonminor dependent over whom jurisdiction has been extended pursuant to that authorization to
continue receiving the support and services they were entitled to receive immediately prior to attaining 21 years of age, and benefits equal to the amount of Aid to Families with Dependent Children-Foster Care program benefits, until jurisdiction has been terminated. By imposing additional duties on county welfare departments, this bill would impose a state-mandated program.
(2) 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 no reimbursement is required by this act for a specified reason.
Digest Key
Vote: MAJORITY Appropriation: NO Fiscal Committee: YES Local Program: YESBill Text
The people of the State of California do enact as follows:
SECTION 1.
Section 303 of the Welfare and Institutions Code is amended to read:303.
(a) The court may retain jurisdiction over any person who is found to be a ward or a dependent child of the juvenile court until the ward or dependent child attains 21 years of age or after 21 years of age for the limited purpose of compliance with subdivision (i) of Section 391.(b) The court shall have within its jurisdiction any nonminor dependent, as defined in subdivision (v) of Section 11400. The court may terminate its dependency, delinquency, or transition jurisdiction over the nonminor dependent between the time the nonminor reaches the age of majority and 21 years of age or after 21 years of age for the limited purpose of compliance with subdivision (i) of Section 391. If the
court terminates dependency, delinquency, or transition jurisdiction, the nonminor dependent shall remain under the general jurisdiction of the court until the nonminor dependent attains 21 years of age in order to allow for a petition under subdivision (e) of Section 388.
(c) A nonminor who has not yet attained 21 years of age and who exited foster care at or after the age of majority, may petition the court pursuant to subdivision (e) of Section 388 to resume dependency jurisdiction over themselves or to assume transition jurisdiction over themselves pursuant to Section 450.
(d) (1) Nothing in this code, including, but not limited to, Sections 340, 366.27, and 369.5, shall be construed to provide legal custody of a person who has attained 18 years of age to
the county welfare or probation department or to otherwise abrogate any other rights that a person who has attained 18 years of age may have as an adult under California law. A nonminor dependent shall retain all of their legal decisionmaking authority as an adult. The nonminor shall enter into a mutual agreement for placement, as described in subdivision (u) of Section 11400, unless the nonminor dependent is incapable of making an informed agreement, or a voluntary reentry agreement, as described in subdivision (z) of Section 11400, for placement and care in which the nonminor consents to placement and care in a setting supervised by, and under the responsibility of, the county child welfare services department, the county probation department, or Indian tribe, tribal organization, or consortium of tribes that entered into an agreement pursuant to Section 10553.1.
(2) A nonminor dependent who remains under delinquency jurisdiction in order to complete their rehabilitative goals and is under a foster care placement order is not required to complete the mutual agreement as described in subdivision (u) of Section 11400. Their adult decisionmaking authority may be limited by and subject to the care, supervision, custody, conduct, and maintenance orders as described in Section 727.
(3) Continuing jurisdiction for a nonminor dependent after 21 years of age pursuant to this section does not continue any terms or conditions of probation.
(e) Unless otherwise specified, the rights of a dependent child and the responsibilities of the county welfare or probation department, or tribe, and
other entities, toward the child and family, shall also apply to nonminor dependents.
(f) The court shall assume transition jurisdiction pursuant to Section 450 over a person notwithstanding a court order vacating the underlying adjudication pursuant to Section 236.14 of the Penal Code. On or before January 1, 2019, the Judicial Council shall amend and adopt rules of court and develop appropriate forms to implement this subdivision.
SEC. 2.
Section 391 of the Welfare and Institutions Code is amended to read:391.
(a) (1) At the first regularly scheduled review hearing held pursuant to subdivision (d) of Section 366.3 after a dependent child has attained 16 years of age, the county welfare department shall submit a report verifying that the following information, documents, and services have been provided to the child:(A) Social security card, if provided to the child pursuant to paragraph (2).
(B) Copy of the birth certificate.
(C) Driver’s license, as described in Section 12500 of the Vehicle Code, or identification card, as described in Section 13000 of
the Vehicle Code.
(D) Assistance in obtaining employment, if applicable.
(E) Assistance in applying for, or preparing to apply for, admission to college or to a vocational training program or other educational institution and in obtaining financial aid, where applicable.
(F) Written information notifying the child that current or former dependent children who are or have been in foster care are granted a preference for student assistant or internship positions with state agencies pursuant to Section 18220 of the Government Code, or with participating county agencies pursuant to Section 31000.11 of the Government Code, until the child attains 26 years of age.
(G) Written information notifying the child of any financial literacy programs or other available resources provided through the county or other community organizations to help the youth obtain financial literacy skills, including, but not limited to, banking, credit card debt, student loan debt, credit scores, credit history, and personal savings.
(H) Verification that the information described in clause (ii) of subparagraph (A) of paragraph (16) of subdivision (g) of Section 16501.1 has been included in the child’s case plan, how the county has complied with Chapter 6.2 (commencing with Section 13750) of Part 3 of Division 9 with respect to the child, and whether the child has a pending application for Supplemental Security Income (SSI) or special immigrant juvenile status or residency and the status of those applications, if
applicable.
(I) Verification that the documentation described in subparagraph (C) of paragraph (16) of subdivision (g) of Section 16501.1 has been included in the child’s case plan and that the child has received a copy of their credit report and assistance to resolve any problems or errors found in the credit report.
(J) Verification that the information described in paragraph (22) of subdivision (g) of Section 16501.1 has been included in the child’s case plan, that one or more individuals have been identified to provide the child assistance with applications for postsecondary education and related financial aid, and whether the child has been provided that assistance.
(K) The health and education summary described in
subdivision (a) of Section 16010.
(2) Except as required by subdivision (b), the child’s social security card may only be provided temporarily to the dependent child for the following purposes:
(A) To enable the child to obtain employment.
(B) To apply for admission to an institution of postsecondary education or a vocational training program.
(C) To apply for financial aid.
(D) To apply for or access public benefits.
(E) As otherwise determined by the child’s caseworker, including, but not limited to, in response to a request from the child.
(3) For purposes of this subdivision, a certified copy of the dependent child’s birth certificate shall be provided upon request of the child.
(b) At the last regularly scheduled review hearing held pursuant to subdivision (d) of Section 366.3 before a dependent child attains 18 years of age, the county welfare department shall submit a report verifying that the following information, documents, and services have been provided to the minor or nonminor:
(1) Social security card.
(2) Certified copy of the birth certificate.
(3) Driver’s license, as described in Section 12500 of the Vehicle Code, or
identification card, as described in Section 13000 of the Vehicle Code.
(4) Medi-Cal Benefits Identification Card.
(5) A letter prepared by the county welfare department that includes the following information:
(A) The minor’s or nonminor’s name and date of birth.
(B) The dates during which the minor or nonminor was within the jurisdiction of the juvenile court.
(C) A statement that the minor or nonminor was a foster youth in compliance with state and federal financial aid documentation requirements.
(6) If applicable, the death
certificate of the parent or parents.
(7) If applicable, proof of the minor’s or nonminor’s citizenship or legal residence.
(8) An advance health care directive form.
(9) The Judicial Council form that the minor or nonminor would use to file a petition pursuant to subdivision (e) of Section 388 to resume dependency jurisdiction.
(10) Written information notifying the minor or nonminor that they may be eligible to receive CalFresh benefits, and where the minor or nonminor can apply for CalFresh benefits.
(11) The health and education summary described in subdivision (a) of Section 16010.
(c) At the last regularly scheduled review hearing held pursuant to subdivision (d) of Section 366.3 before a dependent child attains 18 years of age, and at every regularly scheduled review hearing thereafter, the county welfare department shall submit a report describing efforts toward providing the following information, documents, and services to the minor or nonminor:
(1) Assistance in obtaining employment, if applicable.
(2) Assistance in applying for, or preparing to apply for, admission to college or to a vocational training program or other educational institution and in obtaining financial aid, where applicable.
(3) Written information notifying the
child that a current or former dependent child who is or has been in foster care is granted a preference for student assistant or internship positions with state agencies pursuant to Section 18220 of the Government Code, or with participating county agencies pursuant to Section 31000.11 of the Government Code, until the child attains 26 years of age.
(4) Written information notifying the child that youth exiting foster care at 18 years of age or older are eligible for Medi-Cal until they reach 26 years of age, regardless of income, and are not required to submit an application.
(5) Written information notifying the child of any financial literacy programs or other available resources provided through the county or other community organizations to help the youth obtain financial
literacy skills, including, but not limited to, banking, credit card debt, student loan debt, credit scores, credit history, and personal savings.
(6) (A) If applicable, referrals to transitional housing, if available, or assistance in securing other housing.
(B) Whether the referrals or assistance as described in subparagraph (A) have resulted in housing being secured for the minor or nonminor, and, if not, what, if any, different or additional referrals or assistance the department has provided that are intended to secure housing.
(C) The duration of the housing, if known to the department.
(D) If applicable, information, including summaries,
describing additional referrals, assistance, or services provided by county departments or agencies other than the county welfare department that are intended to prevent the minor or nonminor from becoming homeless if jurisdiction is terminated pursuant to this section.
(E) The information described in subparagraphs (B) to (D), inclusive, is required only for reports submitted at the last regularly scheduled review hearing held pursuant to subdivision (d) of Section 366.3 before a dependent child attains 18 years of age.
(7) Assistance in maintaining relationships with individuals who are important to a minor or nonminor who has been in out-of-home placement for six months or longer from the date the minor or nonminor entered foster care, based on the minor’s best interests
or the nonminor’s wishes.
(8) 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 either sibling.
(9) Verification that the child or nonminor has been screened for eligibility for all public benefits and applied for all public benefits for which they may be eligible while they are in foster care. If a discharge from foster care is contemplated at the hearing or prior to the next review hearing, verification that the child or the child’s caregiver has applied for all public benefits for which the child may be eligible while they are in foster care. If the child or caregiver does not submit any or all of those applications, the county shall submit written verification, signed by
the child or caregiver, that the county welfare department offered assistance in submitting applications and that the child or caregiver made a knowing and informed decision not to submit the applications.
(10) Verification that the information described in clause (ii) of subparagraph (A) of paragraph (16) of subdivision (g) of Section 16501.1 has been included in the child’s case plan, how the county has complied with Chapter 6.2 (commencing with Section 13750) of Part 3 of Division 9 with respect to the child, and whether the child has a pending application for Supplemental Security Income (SSI) or special immigrant juvenile status or residency and the status of those applications, if applicable.
(11) Verification that the documentation described in subparagraph (C) of
paragraph (16) of subdivision (g) of Section 16501.1 has been included in the child’s or nonminor’s case plan and that the child or nonminor has received a copy of their credit report and assistance to resolve any problems or errors found in the credit report.
(12) Verification that the information described in paragraph (22) of subdivision (g) of Section 16501.1 has been included in the child’s or nonminor’s case plan, that one or more individuals have been identified to provide the child or nonminor assistance with applications for postsecondary education and related financial aid, and whether the child has been provided that assistance.
(d) The dependency court shall not terminate jurisdiction over a nonminor unless a hearing is conducted pursuant to this section. At
any hearing at which the court is considering terminating jurisdiction over a nonminor, the county welfare department shall do all of the following:
(1) Ensure that the dependent nonminor is present in court, unless the nonminor does not wish to appear in court and elects a telephonic appearance, or document reasonable efforts made by the county welfare department to locate the nonminor when the nonminor was not available.
(2) Submit a report describing whether it is in the nonminor’s best interests to remain under the court’s dependency jurisdiction, which includes a recommended transitional independent living case
plan for the nonminor when the report describes continuing dependency jurisdiction as being in the nonminor’s best interest.
(3) If the county welfare department recommends termination of the court’s dependency jurisdiction, submit documentation of the reasonable efforts made by the department to provide the nonminor with the assistance needed to meet or maintain eligibility as a nonminor dependent, as defined in paragraphs (1) to (5), inclusive, of subdivision (b) of Section 11403.
(4) If the nonminor has indicated that they do not want dependency jurisdiction to continue, the report shall address the manner in which the nonminor was advised of their options, including the benefits of remaining in foster care, and of their right to reenter foster care and to file a petition pursuant to
subdivision (e) of Section 388 to resume dependency jurisdiction prior to attaining 21 years of age.
(e) (1) The court shall continue dependency jurisdiction over a nonminor who meets the definition of a nonminor dependent as described in subdivision (v) of Section 11400 unless the court finds either of the following:
(A) That the nonminor does not wish to remain subject to dependency jurisdiction.
(B) That the nonminor is not participating in a reasonable and appropriate transitional independent living case plan.
(2) In making the findings pursuant to paragraph (1), the court shall also find that the nonminor has been informed of their
options including the benefits of remaining in foster care and the right to reenter foster care by filing a petition pursuant to subdivision (e) of Section 388 to resume dependency jurisdiction and by completing a voluntary reentry agreement pursuant to subdivision (z) of Section 11400, and has had an opportunity to confer with their counsel if counsel has been appointed pursuant to Section 317.
(f) The court may terminate its jurisdiction over a nonminor if the court finds after reasonable and documented efforts the nonminor cannot be located.
(g) When terminating dependency jurisdiction, the court shall maintain general jurisdiction over the nonminor to allow for the filing of a petition to resume dependency jurisdiction under subdivision (e) of Section 388 until the
nonminor attains 21 years of age, although no review proceedings shall be required. A nonminor may petition the court pursuant to subdivision (e) of Section 388 to resume dependency jurisdiction at any time before attaining 21 years of age.
(h) The court shall not terminate dependency jurisdiction over a nonminor dependent who has attained 18 years of age until a hearing is conducted pursuant to this section. Jurisdiction shall not be terminated until the department has submitted a report verifying that the information, documents, and services required under subdivisions (a) and (b), as well as the following information, documents, and services, have been provided to the nonminor, or in the case of a nonminor who, after reasonable efforts by the county welfare department, cannot be located, verifying the efforts made to make the
following available to the nonminor:
(1) Assistance in accessing the Independent Living Aftercare Program in the nonminor’s county of residence, and, upon the nonminor’s request, assistance in completing a voluntary reentry agreement for care and placement pursuant to subdivision (z) of Section 11400 and in filing a petition pursuant to subdivision (e) of Section 388 to resume dependency jurisdiction.
(2) Written information concerning the nonminor’s dependency case, including, but not limited to, all of the following:
(A) Any known information regarding the nonminor’s Indian heritage or tribal connections.
(B) The nonminor’s family history and placement history.
(C) Any photographs of the nonminor or the family of the nonminor in the possession of the county welfare department, other than forensic photographs.
(D) Directions on how to access the documents the nonminor is entitled to inspect under Section 827.
(E) The written 90-day transition plan prepared pursuant to Section 16501.1.
(F) The date on which the jurisdiction of the juvenile court would be terminated.
(3) The Judicial Council form that the nonminor would use to file a petition pursuant to subdivision (e) of Section 388 to resume dependency jurisdiction.
(4) Written verification that the eligible nonminor is enrolled in Medi-Cal and the nonminor’s Medi-Cal Benefits Identification Card.
(5) Continued and uninterrupted enrollment in Medi-Cal for eligible nonminors pursuant to Section 14005.28 or 14005.285.
(6) Assistance with the following:
(A) Referrals to transitional housing, if available, or assistance in securing other housing.
(B) Obtaining employment or other financial support, if applicable.
(7) The report described in this subdivision, as it relates to the assistance described
in subparagraph (A) of paragraph (6), shall include the following:
(A) Whether the referral or assistance has resulted in housing being secured for the minor or nonminor, and, if not, what, if any, different or additional assistance the department has provided that is intended to secure housing.
(B) The duration of the housing, if known to the department.
(C) If applicable, information, including summaries, describing additional referrals, assistance, or services provided by county departments or agencies other than the county welfare department that are intended to prevent the minor or nonminor from becoming homeless if jurisdiction is terminated pursuant to this section.
(8) Verification that the nonminor has applied for all public benefits for which they may be eligible. If the nonminor does not submit any or all of those applications, the county shall submit written verification, signed by the nonminor, that the county welfare department offered assistance in submitting applications and that the nonminor made a knowing and informed decision not to submit the applications.
(i) (1) Unless a nonminor objects to continued jurisdiction, the court may retain jurisdiction over, or placement responsibility for, a nonminor dependent who has attained 21 years of age until the requirements of
subdivision (h) have been met and, if the nonminor dependent has not secured housing, until the county welfare department has submitted a report to the court verifying that the requirements of paragraph (6) of subdivision (c) have been met. Notwithstanding the age restrictions in any law providing for support, services, and benefits for nonminor dependents, the nonminor dependent shall continue to receive the support and services they were entitled to receive immediately prior to attaining 21 years of age, and benefits equal to the amount of the AFDC-FC benefits provided pursuant to Section 11461, until jurisdiction has been terminated.
(2) Continuing jurisdiction for a nonminor dependent after 21 years of age pursuant to Section 303 does not continue any terms or conditions of probation.
SEC. 3.
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 their counsel and has been
informed of their 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
their 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 was 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 their right to reenter foster care prior to
attaining 21 years of age, if the nonminor
dependent has indicated that they do 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 (h) 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.
SEC. 4.
Section 607.3 of the Welfare and Institutions Code is amended to read:607.3.
On and after January 1, 2012, at the hearing required under Section 607.2 for a ward who is 18 years of age or older and subject to an order for foster care placement as described in Section 11402, the probation department shall complete all of the following actions:(a) Ensure that the nonminor has been informed of their 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 for the court to resume transition jurisdiction pursuant to Section 450.
(b) Ensure that
the ward has had an opportunity to confer with their counsel.
(c) Ensure that the ward is present in court for the hearing, unless the ward has waived their right to appear in court and elects to appear by a telephone instead, or document the efforts it made to locate the ward when the ward was not available to appear at the hearing.
(d) Submit a report to the court describing all of the following:
(1) Whether it is in the ward’s best interest for a court to assume or continue transition jurisdiction over the ward as a nonminor dependent pursuant to
Section 450.
(2) Whether the ward has indicated that they do not want juvenile court jurisdiction to continue.
(3) Whether the ward has been informed of their right to reenter foster care by completing the voluntary reentry agreement as described in subdivision (z) of Section 11400.
(e) Submit to the court the completed 90-day transition plan.
(f) Submit to the court written verification that the information, documents, and services set forth in paragraphs (1) to (8), inclusive, of subdivision (h) of Section 391 have been provided to the ward.
(g) Submit to the court written verification that the
requirements set forth in Section 607.5 have been completed.
