AB 604: Nonminor dependents: extended foster care benefits.

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 provides that a minor or nonminor is within the transition jurisdiction of the court if he or she satisfies specified criteria, including that the minor is a ward who is older than 17 years and 5 months of age and younger than 18 years of age and in foster care placement, or the nonminor is a ward in foster care placement who was a ward subject to an order for foster care placement on the day he or she attained 18 years of age and has not attained 21 years of age.

Existing law establishes the Aid to Families with Dependent Children-Foster Care (AFDC-FC) program, under which counties provide payments to foster care providers on behalf of qualified children in foster care and to nonminor dependents up to 21 years of age. Existing law defines a nonminor dependent for purposes of AFDC-FC to mean a foster child who is a current dependent child or ward of the juvenile court, or who is a nonminor under the transition jurisdiction of the juvenile court, and who meets other specified criteria.

The bill would, among other things, provide that a minor or nonminor who met or would meet the criteria to be within the transition jurisdiction of the juvenile court, but for the fact that the underlying adjudication was vacated because the minor or nonminor was a victim of human trafficking when the crime was committed, is within the courts transition jurisdiction. The bill would require the court to assume transition jurisdiction over the minor or nonminor notwithstanding that vacating of the underlying adjudication, and would require the Judicial Council, on or before January 1, 2019, to amend and adopt rules of court and develop appropriate forms to implement these provisions.

Existing law authorizes a nonminor who attained 18 years of age while subject to an order for foster care placement and who has not attained 21 years of age, for whom the court has dismissed dependency, delinquency, or transition jurisdiction, to petition the court for a hearing to resume the dependency jurisdiction over a former dependent or to assume or resume transition jurisdiction over a former delinquent ward.

This bill would authorize the petition to be brought notwithstanding that the underlying adjudication was vacated because the minor or nonminor was a victim of human trafficking when the crime was committed.

By expanding the duties of county child welfare agencies, 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 no reimbursement is required by this act for a specified reason.