Bill Text: CA SB977 | 2013-2014 | Regular Session | Introduced

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

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Bill Title: Juveniles.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Passed) 2014-08-21 - Chaptered by Secretary of State. Chapter 219, Statutes of 2014. [SB977 Detail]

Download: California-2013-SB977-Introduced.html

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BILL NUMBER: SB 977	INTRODUCED
	BILL TEXT


INTRODUCED BY   Senator Liu

                        FEBRUARY 11, 2014

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


	LEGISLATIVE COUNSEL'S DIGEST


   SB 977, as introduced, Liu. Juveniles: dependency court.
   Existing law establishes the jurisdiction of the juvenile court,
which is permitted to adjudge certain children to be dependents of
the court under certain circumstances, and prescribes various
hearings and other procedures for these purposes. Existing law
prohibits the court from terminating dependency jurisdiction over a
nonminor until a hearing is conducted and requires the county welfare
to ensure that the dependent nonminor is present in court, unless
the nonminor does not wish to appear in court and elects a telephonic
appearance, as specified.
   This bill would make technical, nonsubstantive changes to these
provisions.
   Vote: majority. Appropriation: no. Fiscal committee: no.
State-mandated local program: no.


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) The dependency court shall not terminate jurisdiction
over a nonminor unless a hearing is conducted pursuant to this
section.
   (b) At  any   a  hearing for a nonminor
at which the court is considering termination of the jurisdiction of
the juvenile court, 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 is
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 he or she does not want
dependency jurisdiction to continue, the report shall address the
manner in which the nonminor was advised of his or her options,
including the benefits of remaining in foster care, and of his or her
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.
   (c) (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
 must   shall  also find that the nonminor
has been informed of his or her  options  
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 his
or her counsel if counsel has been appointed pursuant to Section 317.

   (d) (1) The court may terminate its jurisdiction over a nonminor
if the court finds after reasonable and documented efforts the
nonminor cannot be located.
   (2) 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.
   (e) The court shall not terminate dependency jurisdiction over a
nonminor who has attained 18 years of age until a hearing is
conducted pursuant to this section and the department has submitted a
report verifying that 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) Written information concerning the nonminor's case, including
any known information regarding the nonminor's Indian heritage or
tribal connections, if applicable, his or her family history and
placement history, any photographs of the nonminor 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 nonminor is
entitled to inspect under Section 827, and the date on which the
jurisdiction of the juvenile court would be terminated.
   (2) The following documents:
   (A) Social security card.
   (B) Certified copy of his or her birth certificate.
   (C) Health and education summary, as described in subdivision (a)
of Section 16010.
   (D) Driver's license, as described in Section 12500 of the Vehicle
Code, or identification card, as described in Section 13000 of the
Vehicle Code.
   (E) A letter prepared by the county welfare department that
includes the following information:
   (i) The nonminor's name and date of birth.
   (ii) The dates during which the nonminor was within the
jurisdiction of the juvenile court.
   (iii) A statement that the nonminor was a foster youth in
compliance with state and federal financial aid documentation
requirements.
   (F) If applicable, the death certificate of the parent or parents.

   (G) If applicable, proof of the nonminor's citizenship or legal
residence.
   (H) An advance health care directive form.
   (I) The Judicial Council form that the nonminor would use to file
a petition pursuant to subdivision (e) of Section 388 to resume
dependency jurisdiction.
   (J) The written 90-day transition plan prepared pursuant to
Section 16501.1.
   (3) Assistance in completing an application for Medi-Cal or
assistance in obtaining other health insurance.
   (4) Referrals to transitional housing, if available, or assistance
in securing other housing.
   (5) Assistance in obtaining employment or other financial support.

   (6) Assistance in applying for admission to college or to a
vocational training program or other educational institution and in
obtaining financial aid, where appropriate.
   (7) Assistance in maintaining relationships with individuals who
are important to a nonminor who has been in out-of-home placement for
six months or longer from the date the nonminor entered foster care,
based on the nonminor's best interests.
   (8) For nonminors between 18 and 21 years of age, 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.
   (9) 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. The
preference shall be granted to applicants up to 26 years of age.
   (f) At the hearing closest to and before a dependent minor's 18th
birthday and every review hearing thereafter for nonminors, the
department shall submit a report describing efforts toward completing
the items described in paragraph (2) of subdivision (e).
   (g) The Judicial Council shall develop and implement standards,
and develop and adopt appropriate forms necessary to implement this
provision. 
   (h) This section shall become operative on January 1, 2012.