Bill Text: CA SB343 | 2013-2014 | Regular Session | Amended
Bill Title: Dependent children: documents.
Spectrum: Moderate Partisan Bill (Democrat 4-1)
Status: (Engrossed - Dead) 2013-08-30 - Set, second hearing. Held in committee and under submission. [SB343 Detail]
Download: California-2013-SB343-Amended.html
BILL NUMBER: SB 343 AMENDED
BILL TEXT
AMENDED IN ASSEMBLY AUGUST 6, 2013
AMENDED IN ASSEMBLY JUNE 20, 2013
AMENDED IN SENATE APRIL 3, 2013
INTRODUCED BY Senator Yee
( Coauthor: Senator Beall
)
( Coauthors: Assembly Members
Alejo, Maienschein, and Olsen )
FEBRUARY 20, 2013
An act to repeal and add Section 391 of the Welfare and
Institutions Code, relating to juveniles.
LEGISLATIVE COUNSEL'S DIGEST
SB 343, as amended, Yee. Dependent children: documents.
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 who has reached 18 years of age until a hearing is conducted
and the county welfare department has submitted a report verifying
that specified information, documents, and services have been
provided to the child.
This bill would revise and recast these provisions to, among other
things, require the county welfare department to submit reports at
the first regularly scheduled hearing after the child has attained 16
years of age and at the hearing immediately prior to the child
attaining 18 years of age, verifying that the county has provided
certain of the above-described information, documents, and services
to the child. By increasing the reporting duties of county welfare
departments, this 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
repealed.
SEC. 2. Section 391 is added to the Welfare and Institutions Code,
to read:
391. (a) (1) At the first regularly
scheduled court hearing 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:
(1)
(A) Social security card , if provided to the
child pursuant to paragraph (2) .
(2) Certified copy
(B) Copy of the birth
certificate.
(3)
(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.
(4)
(D) Assistance in obtaining employment, if applicable.
(5)
(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.
(6)
(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 until he or she attains 26 years of age.
(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 permitted by the child's caseworker.
(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 hearing immediately prior to a dependent child
attaining 18 years of age and at every review hearing thereafter, the
county welfare department shall submit a report describing efforts
toward providing the following information, documents, and services
to the child:
(1) All of the documents, written information, and assistance set
forth in subdivision (a).
(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) Assistance in obtaining employment, if applicable.
(5) 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.
(6) 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 until he or
she attains 26 years of age.
(2)
(7) 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.
(D) If applicable, the death certificate of the parent or parents.
(E) If applicable, proof of the minor's or nonminor's citizenship
or legal residence.
(F) An advance health care directive form.
(G) 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.
(H) The written 90-day transition plan prepared pursuant to
Section 16501.1.
(3)
(8) If applicable, referrals to transitional housing,
if available, or assistance in securing other housing.
(4)
(9) 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.
(5)
(10) 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.
(c) 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 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.
(d) (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 also find that the nonminor has been informed of his or her
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.
(e) The court may terminate its jurisdiction over a nonminor if
the court finds after reasonable and documented efforts the nonminor
cannot be located.
(f) 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.
(g) 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) If applicable, the nonminor's family history and placement
history.
(C) Any photographs of the nonminor or his or her family 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 date on which the jurisdiction of the juvenile court would
be terminated.
(3) The health and education summary described in subdivision (a)
of Section 16010.
(4) The Judicial Council form that the nonminor would use to file
a petition pursuant to subdivision (e) of Section 388 to resume
dependency jurisdiction.
(5) Assistance with the following:
(A) Completing an application for Medi-Cal or assistance in
obtaining other health insurance.
(B) Referrals to transitional housing, if available, or assistance
in securing other housing.
(C) Obtaining employment or other financial support, if
applicable.
SEC. 3. 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.
