Bill Text: CA SB945 | 2009-2010 | Regular Session | Amended

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

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Bill Title: Juvenile court jurisdiction: services and benefits.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Passed) 2010-09-30 - Chaptered by Secretary of State. Chapter 631, Statutes of 2010. [SB945 Detail]

Download: California-2009-SB945-Amended.html

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BILL NUMBER: SB 945	AMENDED
	BILL TEXT

	AMENDED IN ASSEMBLY  JUNE 24, 2010
	AMENDED IN SENATE  MARCH 8, 2010

INTRODUCED BY   Senator Liu
   (Principal coauthor: Assembly Member Jones)

                        FEBRUARY 3, 2010

   An act to add Section 607.5 to the Welfare and Institutions Code,
relating to children.


	LEGISLATIVE COUNSEL'S DIGEST


   SB 945, as amended, Liu. Juvenile court jurisdiction: services and
benefits.
   Existing law provides that a minor may be adjudged a dependent
child or a ward of the juvenile court under specified circumstances.
Existing law authorizes the court to place a minor who has been
removed from the custody of his or her parent or guardian in foster
care  ,  among other placements  , as specified
 . Existing law provides for the termination of the juvenile
court jurisdiction when the minor reaches a specified age. 
   Existing law authorizes the State Department of Social Services to
develop statewide standards for the implementation and
administration of the Independent Living Program. Existing regulation
specifies eligibility requirements for the Independent Living
Program, and requires county social workers and probation officers to
determine eligibility for the program in conjunction with the
preparation of a Transitional Independent Living Plan. Existing
regulations require county social workers and probation officers to
ensure that foster or probation youth are given appropriate
information about the opportunity to participate in the Independent
Living Program. 
   This bill would require a probation officer or parole officer,
whenever the juvenile court terminates jurisdiction over a ward, or
upon release of a ward from a facility that is not a foster care
facility, to provide to the person a written notice stating that the
person is a former foster child and may be eligible for the services
and benefits that are available to a former foster child through
public and private programs, and information that informs the person
of the availability of, and assistance to enable the ward to apply
for, and gain acceptance into, federal and state programs that
provide independent living services and benefits to former foster
children for which the person is or may be eligible. The bill would
make related findings and declarations.
   By imposing additional duties upon probation officers, this bill
would create 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.  The Legislature finds and declares all of the
following:
   (a) "Dual status" children are children who are simultaneously
designated as dependents and wards of the juvenile court.
   (b) There are instances where these children remain in juvenile
justice confinement beyond their sentence because there is no
available foster care housing or placement for them.
   (c) As a result, dual status children are sometimes released from
the juvenile justice system instead of the dependency system when
they age out at 18 years of age.
   (d) In order to prevent dual status children from committing
criminal offenses as adults and to encourage their academic success,
it is incumbent upon the Legislature to remove barriers that deter
achievement.
   (e) A significant barrier to the success of former dual status
children is that they are often not properly informed of their
eligibility for existing independent living programs, coupled with
the difficulty of proving that they are former foster children in
order to qualify for these programs.
  SEC. 2.  Section 607.5 is added to the Welfare and Institutions
Code, to read:
   607.5.  (a) Notwithstanding any other provision of law, whenever
the juvenile court terminates jurisdiction over a ward, or upon
release of a ward from a facility that is not a foster care facility,
a probation officer or parole officer shall provide the person with
 both   all  of the following:
   (1) A written notice stating that the person is a former foster
child and may be eligible for the services and benefits that are
available to a former foster child through public and private
programs, including, but not limited to, any independent living
program for former foster  children. 
    (2)     Information
that informs the person of the availability of, and assistance to
enable the person to apply for, and gain acceptance into, federal and
state programs that provide independent living services and benefits
to former foster children, including, but not limited to, financial
assistance, housing, and educational resources, for which he or she
is or may be eligible.   children. Providing the proof
of dependency and wardship document required by All-County Letter
07-33 and Chapter 31-236 of Division 31 of the State Department of
Social Services Manual of   Policies and Procedures, as it
exists on January 1, 2010, shall satisfy this requirement.  

   (2) Existing information required by Chapter 31-525.61 of Division
31 of the State Department of Social Services Manual of Policies and
Procedures, as it existed on January 1, 2010, that informs the
person of the availability of, and assistance to enable the person to
apply for, and gain acceptance into, federal and state programs that
provide benefits to former foster children, including, but not
limited to, financial assistance, housing, and educational resources,
for which he or she may be eligible.  
   (3) Existing information required by Chapter 31-525.61 of Division
31 of the State Department of Social Services Manual of Policies and
Procedures, as it existed on January 1, 2010, that informs the
person of the availability of, and assistance to enable the person to
apply for, and gain acceptance into, federal and state programs that
provide independent living services to youth 16 years of age and
over.
   (b) This section shall apply to any ward who was previously
adjudged a dependent child of the court pursuant to Section 300 or a
child who at any time has been placed in foster care pursuant to
Section 727. 
   (c) Nothing in this section shall be interpreted to alter or amend
the obligations of probation officer under current law. 
  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.