AB 604: Nonminor dependents: extended foster care benefits.
- Session Year: 2017-2018
- House: Assembly
- Latest Version Date: 2017-10-12
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.
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.
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.
Existing law authorizes a nonminor who has not attained 21 years of age to petition the court in which he or she was previously found to be a dependent or delinquent child of the juvenile court for a hearing to determine whether the court may assume dependency jurisdiction over the nonminor, if he or she meets specified descriptions, including if he or she is a nonminor who received adoption assistance payments after attaining 18 years of age, and his or her adoptive parent or parents no longer provide ongoing support to, and no longer receive benefits on behalf of, the nonminor, as specified. Existing law requires the court, upon ordering a hearing, to give prior notice, or cause prior notice to be given, to the nonminor, the appropriate child welfare agency or probation department, and any other person requested by the nonminor in the petition.This bill would, among other things, delete the requirement that the adoptive parent or parents no longer receive benefits on behalf of the nonminor in order for the court to assume dependency jurisdiction over the nonminor, and would make conforming changes. The bill would require the court, upon ordering a hearing, to give notice, at least 3 days before the hearing, and to also provide the notice to the nonminors adoptive parent or parents and the nonminors guardian or guardians.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.
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 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. 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, expand the definition of nonminor dependent to include a nonminor subject to an order vesting temporary placement and care with a county child welfare department. The bill would also authorize a petition to be filed with the court to assume or resume dependency or transition jurisdiction over a nonminor for whom there was an order vesting temporary placement and care with the county child welfare department, but whom the court did not adjudge a ward or a dependent of the juvenile court. 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.
Existing law authorizes a nonminor who has not attained 21 years of age to petition the court in which he or she was previously found to be a dependent or delinquent child of the juvenile court for a hearing to determine whether the court may assume dependency jurisdiction over the nonminor, if he or she meets specified descriptions, including if he or she is a nonminor who received adoption assistance payments after attaining 18 years of age, and his or her adoptive parent or parents no longer provide ongoing support to, and no longer receive benefits on behalf of, the nonminor, as specified. Existing law requires the court, upon ordering a hearing, to give prior notice, or cause prior notice to be given, to the nonminor, the appropriate child welfare agency or probation department, and any other person requested by the nonminor in the petition.
This bill would, among other things, delete the requirement that the adoptive parent or parents no longer receive benefits on behalf of the nonminor in order for the court to assume dependency jurisdiction over the nonminor, and would make conforming changes. The bill would require the court, upon ordering a hearing, to give notice, at least 3 days before the hearing, and to also provide the notice to the nonminors adoptive parent or parents and the nonminors guardian or guardians.
Under existing law, after a juvenile court hears evidence in a jurisdictional hearing, it is required to sustain or dismiss the petition to adjudge a minor to be a dependent of the court.This bill would, if a timely appeal is taken, or other appellate relief sought, from any order dismissing a petition to adjudge a minor to be a dependent of the court, upon reversal of the order, authorize either an appellate court or the juvenile court to enter an order sustaining the petition that sought to adjudge a minor to be a dependent of the court, notwithstanding the minor having reached 18 years of age.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.
Existing law establishes the jurisdiction of the juvenile court, which is permitted to adjudge certain children to be dependents a ward or a dependent of the court under certain circumstances. Existing law also circumstances, and authorizes the juvenile court to resume jurisdiction over a nonminor who has attained 18 years of age, but not yet attained 21 years of age, and for whom the court has dismissed dependency, delinquency, or transition jurisdiction. Existing law, after the court has resumed jurisdiction over the nonminor, requires the nonminor to be under the placement and care responsibility of the placing agency. retain jurisdiction over those persons until they attain 21 years of age. 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.
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. The program is funded by a combination of federal, state, and county funds. Existing federal law requires, in order for a child or nonminor dependent to be eligible for AFDC-FC funding, the court to have made specified findings, known as Title IV-E findings, including a finding that continuance in the home from which the child was removed would be contrary to his or her welfare. 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.
This bill would expand the jurisdiction of the juvenile court by authorizing the juvenile court to assume or resume dependency jurisdiction over a nonminor for whom the court has made Title IV-E findings, but whom the court did not adjudge a dependent or ward of the juvenile court, and who was subject to an order of foster care, at the time he or she attained 18 years of age. The bill would also make these nonminors eligible for AFDC-FC benefits and other benefits and services associated with extended foster care. By expanding the duties of county child welfare agencies, this bill would impose a state-mandated local program.The bill would, among other things, expand the definition of nonminor dependent to include a nonminor subject to an order vesting temporary placement and care with a county child welfare department. The bill would also authorize a petition to be filed with the court to assume or resume dependency or transition jurisdiction over a nonminor for whom there was an order vesting temporary placement and care with the county child welfare department, but whom the court did not adjudge a ward or a dependent of the juvenile court.
Existing law authorizes a nonminor who has not attained 21 years of age to petition the court in which he or she was previously found to be a dependent or delinquent child of the juvenile court for a hearing to determine whether the court may assume dependency jurisdiction over the nonminor, if he or she meets specified descriptions, including if he or she is a nonminor who received adoption assistance payments after attaining 18 years of age, and his or her adoptive parent or parents no longer provide ongoing support to, and no longer receive benefits on behalf of, the nonminor, as specified.
This bill would, among other things, delete the requirement that the adoptive parent or parents no longer receive benefits on behalf of the nonminor in order for the court to assume dependency jurisdiction over the nonminor, and would make conforming changes.
Under existing law, after a juvenile court hears evidence in a jurisdictional hearing, it is required to sustain or dismiss the petition to adjudge a minor to be a dependent of the court.
This bill would, if a timely appeal is taken, or other appellate relief sought, from any order dismissing a petition to adjudge a minor to be a dependent of the court, upon reversal of the order, authorize either an appellate court or the juvenile court to enter an order sustaining the petition that sought to adjudge a minor to be a dependent of the court, notwithstanding the minor having reached 18 years of age.
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.
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. Existing law also authorizes the juvenile court to resume jurisdiction over a nonminor who has attained 18 years of age, but not yet attained 21 years of age, and for whom the court has dismissed dependency, delinquency, or transition jurisdiction. Existing law, after the court has resumed jurisdiction over the nonminor, requires the nonminor to be under the placement and care responsibility of the placing agency.
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. The program is funded by a combination of federal, state, and county funds. Existing federal law requires, in order for a child or nonminor dependent to be eligible for AFDC-FC funding, the court to have made specified findings, known as Title IV-E findings, including a finding that continuance in the home from which the child was removed would be contrary to his or her welfare.
This bill would expand the jurisdiction of the juvenile court by authorizing the juvenile court to assume or resume dependency jurisdiction over a nonminor for whom the court has made Title IV-E findings, but whom the court did not adjudge a dependent or ward of the juvenile court, and who was subject to an order of foster care, at the time he or she attained 18 years of age. The bill would also make these nonminors eligible for AFDC-FC benefits and other benefits and services associated with extended foster care. 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.
(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.
(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. If the court terminates dependency, delinquency, or transition jurisdiction, the nonminor dependent shall remain under the general jurisdiction of the court 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 himself or herself or to assume transition jurisdiction over himself or herself 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 his or her 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 his or her 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. His or her adult decisionmaking authority may be limited by and subject to the care, supervision, custody, conduct, and maintenance orders as described in Section 727.
(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 388 of the Welfare and Institutions Code is amended to read:388.(a)(1)Any parent or other person having an interest in a child who is a dependent child of the juvenile court or a nonminor dependent as defined in subdivision (v) of Section 11400, or the child himself or herself or the nonminor dependent through a properly appointed guardian may, upon grounds of change of circumstance or new evidence, petition the court in the same action in which the child was found to be a dependent child of the juvenile court or in which a guardianship was ordered pursuant to Section 360 for a hearing to change, modify, or set aside any order of court previously made or to terminate the jurisdiction of the court. The petition shall be verified and, if made by a person other than the child or the nonminor dependent shall state the petitioners relationship to or interest in the child or the nonminor dependent and shall set forth in concise language any change of circumstance or new evidence that is alleged to require the change of order or termination of jurisdiction.
(2)When any party, including a child who is a dependent of the juvenile court, petitions the court prior to an order terminating parental rights, to modify the order that reunification services were not needed pursuant to paragraphs (4), (5), and (6) of subdivision (b) of Section 361.5, or to modify any orders related to custody or visitation of the subject child, and the court orders a hearing pursuant to subdivision (d), the court shall modify the order that reunification services were not needed pursuant to paragraphs (4), (5), and (6) of subdivision (b) of Section 361.5, or any orders related to the custody or visitation of the child for whom reunification services were not ordered pursuant to paragraphs (4), (5), and (6) of subdivision (b) of Section 361.5, only if the court finds by clear and convincing evidence that the proposed change is in the best interests of the child.
(b)(1)Any person, including a child or a nonminor dependent who is a dependent of the juvenile court, may petition the court to assert a relationship as a sibling related by blood, adoption, or affinity through a common legal or biological parent to a child who is, or is the subject of a petition for adjudication as, a dependent of the juvenile court, and may request visitation with the dependent child, placement with or near the dependent child, or consideration when determining or implementing a case plan or permanent plan for the dependent child or make any other request for an order which may be shown to be in the best interest of the dependent child.
(2)A child or nonminor dependent who is a dependent of the juvenile court may petition the court to assert a relationship as a sibling related by blood, adoption, or affinity through a common legal or biological parent to a child who is in the physical custody of a common legal or biological parent, and may request visitation with the nondependent sibling in parental custody.
(3)Pursuant to subdivision (b) of Section 16002, a request for sibling visitation may be granted unless it is determined by the court that sibling visitation is contrary to the safety and well-being of any of the siblings.
(4)The court may appoint a guardian ad litem to file the petition for a dependent child asserting a sibling relationship pursuant to this subdivision if the court determines that the appointment is necessary for the best interests of the dependent child. The petition shall be verified and shall set forth the following:
(A)Through which parent he or she is related to the sibling.
(B)Whether he or she is related to the sibling by blood, adoption, or affinity.
(C)The request or order that the petitioner is seeking.
(D)Why that request or order is in the best interest of the dependent child.
(c)(1)Any party, including a child who is a dependent of the juvenile court, may petition the court, prior to the hearing set pursuant to subdivision (f) of Section 366.21 for a child described by subparagraph (A) of paragraph (1) of subdivision (a) of Section 361.5, or prior to the hearing set pursuant to subdivision (e) of Section 366.21 for a child described by subparagraph (B) or (C) of paragraph (1) of subdivision (a) of Section 361.5, to terminate court-ordered reunification services provided under subdivision (a) of Section 361.5 only if one of the following conditions exists:
(A)It appears that a change of circumstance or new evidence exists that satisfies a condition set forth in subdivision (b) or (e) of Section 361.5 justifying termination of court-ordered reunification services.
(B)The action or inaction of the parent or guardian creates a substantial likelihood that reunification will not occur, including, but not limited to, the parents or guardians failure to visit the child, or the failure of the parent or guardian to participate regularly and make substantive progress in a court-ordered treatment plan.
(2)In determining whether the parent or guardian has failed to visit the child or participate regularly or make progress in the treatment plan, the court shall consider factors that include but are not limited to, the parents or guardians incarceration, institutionalization, detention by the United States Department of Homeland Security, deportation, or participation in a court-ordered residential substance abuse treatment program.
(3)The court shall terminate reunification services during the above-described time periods only upon a finding by a preponderance of evidence that reasonable services have been offered or provided, and upon a finding of clear and convincing evidence that one of the conditions in subparagraph (A) or (B) of paragraph (1) exists.
(4)Any party, including a nonminor dependent, as defined in subdivision (v) of Section 11400, may petition the court prior to the review hearing set pursuant to subdivision (d) of Section 366.31 to terminate the continuation of court-ordered family reunification services for a nonminor dependent who has attained 18 years of age. The court shall terminate family reunification services to the parent or guardian if the nonminor dependent or parent or guardian are not in agreement that the continued provision of court-ordered family reunification services is in the best interests of the nonminor dependent.
(5)If the court terminates reunification services, it shall order that a hearing pursuant to Section 366.26 be held within 120 days. On and after January 1, 2012, a hearing pursuant to Section 366.26 shall not be ordered if the child is a nonminor dependent. The court may order a nonminor dependent who is otherwise eligible to AFDC-FC benefits pursuant to Section 11403 to remain in a planned, permanent living arrangement.
(d)If it appears that the best interests of the child or the nonminor dependent may be promoted by the proposed change of order, modification of reunification services, custody, or visitation orders concerning a child for whom reunification services were not ordered pursuant to paragraphs (4), (5), and (6) of subdivision (b) of Section 361.5, recognition of a sibling relationship, termination of jurisdiction, or clear and convincing evidence supports revocation or termination of court-ordered reunification services, the court shall order that a hearing be held and shall give prior notice, or cause prior notice to be given, to the persons and in the manner prescribed by Section 386, and, in those instances in which the manner of giving notice is not prescribed by those sections, then in the manner the court prescribes.
(e)(1)(A)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, or as described in Section 10103.5, for whom the court has dismissed dependency jurisdiction pursuant to Section 391, or delinquency jurisdiction pursuant to Section 607.2, or transition jurisdiction pursuant to Section 452, but has retained general jurisdiction under subdivision (b) of Section 303, or the county child welfare services, probation department, or tribal placing agency on behalf of the nonminor, may petition the court in the same action in which the child was found to be a dependent or delinquent child of the juvenile 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 pursuant to Section 450. The petition shall be filed within the period that the nonminor is of the age described in this paragraph. If the nonminor has completed the voluntary reentry agreement, as described in subdivision (z) of Section 11400, with the placing agency, the agency shall file the petition on behalf of the nonminor within 15 judicial days of the date the agreement was signed unless the nonminor elects to file the petition at an earlier date.
(B)The petition may be brought notwithstanding a court order vacating the underlying adjudication pursuant to Section 236.14 of the Penal Code.
(2)(A)The petition to resume jurisdiction may be filed in the juvenile court that retains general jurisdiction under subdivision (b) of Section 303, or the petition may be submitted to the juvenile court in the county where the youth resides and forwarded to the juvenile court that retained general jurisdiction and filed with that court. The juvenile court having general jurisdiction under Section 303 shall receive the petition from the court where the petition was submitted within five court days of its submission, if the petition is filed in the county of residence. The juvenile court that retained general jurisdiction shall order that a hearing be held within 15 judicial days of the date the petition was filed if there is a prima facie showing that the nonminor satisfies the following criteria:
(i)He or she was previously under juvenile court jurisdiction, subject to an order for foster care placement when he or she attained 18 years of age, and has not attained 21 years of age.
(ii)He or she intends to satisfy at least one of the conditions set forth in paragraphs (1) to (5), inclusive, of subdivision (b) of Section 11403.
(iii)He or she wants assistance either in maintaining or securing appropriate supervised placement, or is in need of immediate placement and agrees to supervised placement pursuant to the voluntary reentry agreement as described in subdivision (z) of Section 11400.
(B)Upon ordering a hearing, the court shall give prior notice, or cause prior notice to be given, to the persons and by the means prescribed by Section 386, except that notice to parents or former guardians shall not be provided unless the nonminor requests, in writing on the face of the petition, notice to the parents or former guardians.
(3)The Judicial Council, by January 1, 2012, shall adopt rules of court to allow for telephonic appearances by nonminor former dependents or delinquents in these proceedings, and for telephonic appearances by nonminor dependents in any proceeding in which the nonminor dependent is a party, and he or she declines to appear and elects a telephonic appearance.
(4)Prior to the hearing on a petition to resume dependency jurisdiction or to assume or resume transition jurisdiction, the court shall order the county child welfare or probation department to prepare a report for the court addressing whether the nonminor intends to satisfy at least one of the criteria set forth in subdivision (b) of Section 11403. When the recommendation is for the nonminor dependent to be placed in a setting where minor dependents also reside, the results of a background check of the petitioning nonminor conducted pursuant to Section 16504.5, may be used by the placing agency to determine appropriate placement options for the nonminor. The existence of a criminal conviction is not a bar to eligibility for reentry or resumption of dependency jurisdiction or the assumption or resumption of transition jurisdiction over a nonminor.
(5)(A)The court shall resume dependency jurisdiction over a former dependent or assume or resume transition jurisdiction over a former delinquent ward pursuant to Section 450, and order that the nonminors placement and care be under the responsibility of the county child welfare services department, the probation department, tribe, consortium of tribes, or tribal organization, if the court finds all of the following:
(i)The nonminor was previously under juvenile court jurisdiction, subject to an order for foster care placement when he or she attained 18 years of age.
(ii)The nonminor has not attained 21 years of age.
(iii)Reentry and remaining in foster care are in the nonminors best interests.
(iv)The nonminor intends to satisfy, and agrees to satisfy, at least one of the criteria set forth in paragraphs (1) to (5), inclusive, of subdivision (b) of Section 11403, and demonstrates his or her agreement to placement in a supervised setting under the placement and care responsibility of the placing agency and to satisfy the criteria by signing the voluntary reentry agreement as described in subdivision (z) of Section 11400.
(B)In no event shall the court grant a continuance that would cause the hearing to resume dependency jurisdiction or to assume or resume transition jurisdiction to be completed more than 120 days after the date the petition was filed.
(C)The agency made responsible for the nonminors placement and care pursuant to subparagraph (A) shall prepare a new transitional independent living case plan within 60 calendar days from the date the nonminor signed the voluntary reentry agreement as described in subdivision (z) of Section 11400 and submit it to the court for the review hearing under Section 366.31, to be held within 70 days of the resumption of dependency jurisdiction or assumption or resumption of transition jurisdiction. In no event shall the review hearing under Section 366.3 be held more than 170 calendar days from the date the nonminor signed the voluntary reentry agreement.
SEC. 3.Section 450 of the Welfare and Institutions Code is amended to read:450.(a)A minor or nonminor who satisfies all of the following criteria is within the transition jurisdiction of the juvenile court:
(1)(A)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.
(B)The minor or nonminor met or would meet the criteria in subparagraph (A), but for the fact that the underlying adjudication was vacated pursuant to Section 236.14 of the Penal Code, and he or she has not attained 21 years of age.
(2)The ward meets any of the following conditions:
(A)The ward was removed from the physical custody of his or her parents or legal guardian, adjudged to be a ward of the juvenile court under Section 725, and ordered into foster care placement as a ward.
(B)The ward was removed from the custody of his or her parents or legal guardian as a dependent of the court with an order for foster care placement as a dependent in effect at the time the court adjudged him or her to be a ward of the juvenile court under Section 725.
(C)The minor or nonminor met or would meet the conditions described in subparagraph (A) or (B), but for the fact that the underlying adjudication was vacated pursuant to Section 236.14 of the Penal Code, and he or she has not attained 21 years of age.
(3)The rehabilitative goals of the minor or nonminor, as set forth in the case plan, have been met, and juvenile court jurisdiction over the minor or nonminor as a ward is no longer required, or the underlying adjudication was vacated pursuant to Section 236.14 of the Penal Code.
(4)(A)If the ward is a minor, reunification services have been terminated; the matter has not been set for a hearing for termination of parental rights pursuant to Section 727.3 or for the establishment of guardianship pursuant to Section 728; the return of the child to the physical custody of the parents or legal guardian would create a substantial risk of detriment to the childs safety, protection, or physical or emotional well-being; and the minor has indicated an intent to sign a mutual agreement, as described in subdivision (u) of Section 11400, with the responsible agency for placement in a supervised setting as a nonminor dependent.
(B)If the ward is a nonminor, he or she has signed a mutual agreement, as described in subdivision (u) of Section 11400, with the responsible agency for placement in a supervised setting as a nonminor dependent or has signed a voluntary reentry agreement, as described in subdivision (z) of Section 11400 for placement in a supervised setting as a nonminor dependent. A runaway and homeless youth shelter licensed by the State Department of Social Services pursuant to Section 1502.35 of the Health and Safety Code shall not be a placement option pursuant to this section.
(b)A minor who is subject to the courts transition jurisdiction shall be referred to as a transition dependent.
(c)A youth subject to the courts transition jurisdiction who is 18 years of age or older shall be referred to as a nonminor dependent.
SEC. 4.Section 451 of the Welfare and Institutions Code is amended to read:451.(a)At a hearing during which termination of jurisdiction over a ward is considered, the court may, as an alternative to termination of jurisdiction, modify its order of jurisdiction and assume transition jurisdiction over the ward pursuant to Section 450. The court may also assume transition jurisdiction over a ward, transition dependent, or nonminor dependent whose underlying adjudication is vacated pursuant to Section 236.14 of the Penal Code.
(b)A minor or a nonminor who is subject to the courts transition jurisdiction shall not be subject to any terms or conditions of probation, and his or her case shall be managed as a dependent child of the court or as a nonminor dependent of the court.
(c)Each county shall modify its protocol for Section 241.1 to include a provision to determine whether the child welfare services department or the probation department shall supervise persons subject to the courts transition jurisdiction, including persons who obtained a court order vacating the underlying adjudication pursuant to Section 236.14 of the Penal Code. For a minor, this supervision shall comply with the requirements and procedures set forth in this code for dependent children. For a nonminor, this supervision shall comply with the provisions set forth in this code that specifically apply to nonminor dependents.
(d)The court shall appoint counsel, pursuant to Section 317, for minors and nonminors subject to the courts transition jurisdiction. The court shall, to the extent feasible given local court circumstances, provide for continuity of representation for the minor or nonminor from delinquency jurisdiction to transition jurisdiction pursuant to Section 450 by the attorney appointed to represent the minor or nonminor pursuant to Section 634.
SEC. 5.Section 11401 of the Welfare and Institutions Code is amended to read:11401.Aid in the form of AFDC-FC shall be provided under this chapter on behalf of any child under 18 years of age, and to any nonminor dependent who meets the conditions of any of the following subdivisions:
(a)The child has been relinquished, for purposes of adoption, to a licensed adoption agency, or the department, or the parental rights of either or both of his or her parents have been terminated after an action under the Family Code has been brought by a licensed adoption agency or the department, provided that the licensed adoption agency or the department, if responsible for placement and care, provides to those children all services as required by the department to children in foster care.
(b)The child has been removed from the physical custody of his or her parent, relative, or guardian as a result of a voluntary placement agreement or a judicial determination that continuance in the home would be contrary to the childs welfare and that, if the child was placed in foster care, reasonable efforts were made, consistent with Chapter 5 (commencing with Section 16500) of Part 4, to prevent or eliminate the need for removal of the child from his or her home and to make it possible for the child to return to his or her home, and any of the following applies:
(1)The child has been adjudged a dependent child of the court on the grounds that he or she is a person described by Section 300.
(2)The child has been adjudged a ward of the court on the grounds that he or she is a person described by Sections 601 and 602, or the child or nonminor is under the transition jurisdiction of the juvenile court pursuant to Section 450.
(3)The child has been detained under a court order, pursuant to Section 319 or 636, that remains in effect.
(4)The childs or nonminors dependency jurisdiction, or transition jurisdiction pursuant to Section 450, has resumed pursuant to Section 387, or subdivision (a) or (e) of Section 388.
(c)The child has been voluntarily placed by his or her parent or guardian pursuant to Section 11401.1.
(d)The child is living in the home of a nonrelated legal guardian, or the nonminor is living in the home of a former nonrelated legal guardian.
(e)The child is a nonminor dependent who is placed pursuant to a mutual agreement as set forth in subdivision (u) of Section 11400, under the placement and care responsibility of the county child welfare services department, an Indian tribe that entered into an agreement pursuant to Section 10553.1, or the county probation department, or the child is a nonminor dependent reentering foster care placement pursuant to a voluntary agreement, as set forth in subdivision (z) of Section 11400.
(f)The child has been placed in foster care under the federal Indian Child Welfare Act. Sections 11402, 11404, and 11405 shall not be construed as limiting payments to Indian children, as defined in the federal Indian Child Welfare Act, placed in accordance with that act.
(g)To be eligible for federal financial participation, the conditions described in paragraph (1), (2), (3), or (4) shall be satisfied:
(1)(A)The child meets the conditions of subdivision (b).
(B)The child has been deprived of parental support or care for any of the reasons set forth in Section 11250.
(C)The child has been removed from the home of a relative as defined in Section 233.90(c)(1) of Title 45 of the Code of Federal Regulations, as amended.
(D)The requirements of Sections 671 and 672 of Title 42 of the United States Code, as amended, have been met.
(2)(A)The child meets the requirements of subdivision (h).
(B)The requirements of Sections 671 and 672 of Title 42 of the United States Code, as amended, have been met.
(C)This paragraph shall be implemented only if federal financial participation is available for the children described in this paragraph.
(3)(A)The child has been removed from the custody of his or her parent, relative, or guardian as a result of a voluntary placement agreement or a judicial determination that continuance in the home would be contrary to the childs welfare and that, if the child was placed in foster care, reasonable efforts were made, consistent with Chapter 5 (commencing with Section 16500) of Part 4, to prevent or eliminate the need for removal of the child from his or her home and to make it possible for the child to return to his or her home, or the child is a nonminor dependent who satisfies the removal criteria in Section 472(a)(2)(A)(i) of the federal Social Security Act (42 U.S.C. Sec. 672 (a)(2)(A)(i)) and agrees to the placement and care responsibility of the placing agency by signing the voluntary reentry agreement, as set forth in subdivision (z) of Section 11400, and any of the following applies:
(i)The child has been adjudged a dependent child of the court on the grounds that he or she is a person described by Section 300.
(ii)The child has been adjudged a ward of the court on the grounds that he or she is a person described by Sections 601 and 602 or the child or nonminor is under the transition jurisdiction of the juvenile court, pursuant to Section 450.
(iii)The child has been detained under a court order, pursuant to Section 319 or 636, that remains in effect.
(iv)The childs or nonminors dependency jurisdiction, or transition jurisdiction pursuant to Section 450, has resumed pursuant to Section 387, or subdivision (a) or (e) of Section 388.
(B)The child has been placed in an eligible foster care placement, as set forth in Section 11402.
(C)The requirements of Sections 671 and 672 of Title 42 of the United States Code have been satisfied.
(D)This paragraph shall be implemented only if federal financial participation is available for the children described in this paragraph.
(4)With respect to a nonminor dependent, in addition to meeting the conditions specified in paragraph (1), the requirements of Section 675(8)(B) of Title 42 of the United States Code have been satisfied. With respect to a former nonminor dependent who reenters foster care placement by signing the voluntary reentry agreement, as set forth in subdivision (z) of Section 11400, the requirements for AFDC-FC eligibility of Section 672(a)(3)(A) of Title 42 of the United States Code are satisfied based on the nonminors status as a child-only case, without regard to the parents, legal guardians, or others in the assistance unit in the home from which the nonminor was originally removed.
(h)The child meets all of the following conditions:
(1)The child has been adjudged to be a dependent child or ward of the court on the grounds that he or she is a person described in Section 300, 601, or 602.
(2)The childs parent also has been adjudged to be a dependent child or nonminor dependent of the court on the grounds that he or she is a person described by Section 300, 450, 601, or 602 and is receiving benefits under this chapter.
(3)The child is placed in the same licensed or approved foster care facility in which his or her parent is placed and the childs parent is receiving reunification services with respect to that child.
SEC. 6.To the extent that this act has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state or otherwise be subject to Section 6 of Article XIIIB of the California Constitution.
(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.
(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. If the court terminates dependency, delinquency, or transition jurisdiction, the nonminor dependent shall remain under the general jurisdiction of the court 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 himself or herself or to assume transition jurisdiction over himself or herself 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 his or her 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 his or her 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. His or her adult decisionmaking authority may be limited by and subject to the care, supervision, custody, conduct, and maintenance orders as described in Section 727.
(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 388 of the Welfare and Institutions Code is amended to read:388.(a)(1)Any parent or other person having an interest in a child who is a dependent child of the juvenile court or a nonminor dependent as defined in subdivision (v) of Section 11400, or the child himself or herself or the nonminor dependent through a properly appointed guardian may, upon grounds of change of circumstance or new evidence, petition the court in the same action in which the child was found to be a dependent child of the juvenile court or in which a guardianship was ordered pursuant to Section 360 for a hearing to change, modify, or set aside any order of court previously made or to terminate the jurisdiction of the court. The petition shall be verified and, if made by a person other than the child or the nonminor dependent shall state the petitioners relationship to or interest in the child or the nonminor dependent and shall set forth in concise language any change of circumstance or new evidence that is alleged to require the change of order or termination of jurisdiction.
(2)When any party, including a child who is a dependent of the juvenile court, petitions the court prior to an order terminating parental rights, to modify the order that reunification services were not needed pursuant to paragraphs (4), (5), and (6) of subdivision (b) of Section 361.5, or to modify any orders related to custody or visitation of the subject child, and the court orders a hearing pursuant to subdivision (d), the court shall modify the order that reunification services were not needed pursuant to paragraphs (4), (5), and (6) of subdivision (b) of Section 361.5, or any orders related to the custody or visitation of the child for whom reunification services were not ordered pursuant to paragraphs (4), (5), and (6) of subdivision (b) of Section 361.5, only if the court finds by clear and convincing evidence that the proposed change is in the best interests of the child.
(b)(1)Any person, including a child or a nonminor dependent who is a dependent of the juvenile court, may petition the court to assert a relationship as a sibling related by blood, adoption, or affinity through a common legal or biological parent to a child who is, or is the subject of a petition for adjudication as, a dependent of the juvenile court, and may request visitation with the dependent child, placement with or near the dependent child, or consideration when determining or implementing a case plan or permanent plan for the dependent child or make any other request for an order which may be shown to be in the best interest of the dependent child.
(2)A child or nonminor dependent who is a dependent of the juvenile court may petition the court to assert a relationship as a sibling related by blood, adoption, or affinity through a common legal or biological parent to a child who is in the physical custody of a common legal or biological parent, and may request visitation with the nondependent sibling in parental custody.
(3)Pursuant to subdivision (b) of Section 16002, a request for sibling visitation may be granted unless it is determined by the court that sibling visitation is contrary to the safety and well-being of any of the siblings.
(4)The court may appoint a guardian ad litem to file the petition for a dependent child asserting a sibling relationship pursuant to this subdivision if the court determines that the appointment is necessary for the best interests of the dependent child. The petition shall be verified and shall set forth the following:
(A)Through which parent he or she is related to the sibling.
(B)Whether he or she is related to the sibling by blood, adoption, or affinity.
(C)The request or order that the petitioner is seeking.
(D)Why that request or order is in the best interest of the dependent child.
(c)(1)Any party, including a child who is a dependent of the juvenile court, may petition the court, prior to the hearing set pursuant to subdivision (f) of Section 366.21 for a child described by subparagraph (A) of paragraph (1) of subdivision (a) of Section 361.5, or prior to the hearing set pursuant to subdivision (e) of Section 366.21 for a child described by subparagraph (B) or (C) of paragraph (1) of subdivision (a) of Section 361.5, to terminate court-ordered reunification services provided under subdivision (a) of Section 361.5 only if one of the following conditions exists:
(A)It appears that a change of circumstance or new evidence exists that satisfies a condition set forth in subdivision (b) or (e) of Section 361.5 justifying termination of court-ordered reunification services.
(B)The action or inaction of the parent or guardian creates a substantial likelihood that reunification will not occur, including, but not limited to, the parents or guardians failure to visit the child, or the failure of the parent or guardian to participate regularly and make substantive progress in a court-ordered treatment plan.
(2)In determining whether the parent or guardian has failed to visit the child or participate regularly or make progress in the treatment plan, the court shall consider factors that include but are not limited to, the parents or guardians incarceration, institutionalization, detention by the United States Department of Homeland Security, deportation, or participation in a court-ordered residential substance abuse treatment program.
(3)The court shall terminate reunification services during the above-described time periods only upon a finding by a preponderance of evidence that reasonable services have been offered or provided, and upon a finding of clear and convincing evidence that one of the conditions in subparagraph (A) or (B) of paragraph (1) exists.
(4)Any party, including a nonminor dependent, as defined in subdivision (v) of Section 11400, may petition the court prior to the review hearing set pursuant to subdivision (d) of Section 366.31 to terminate the continuation of court-ordered family reunification services for a nonminor dependent who has attained 18 years of age. The court shall terminate family reunification services to the parent or guardian if the nonminor dependent or parent or guardian are not in agreement that the continued provision of court-ordered family reunification services is in the best interests of the nonminor dependent.
(5)If the court terminates reunification services, it shall order that a hearing pursuant to Section 366.26 be held within 120 days. On and after January 1, 2012, a hearing pursuant to Section 366.26 shall not be ordered if the child is a nonminor dependent. The court may order a nonminor dependent who is otherwise eligible to AFDC-FC benefits pursuant to Section 11403 to remain in a planned, permanent living arrangement.
(d)If it appears that the best interests of the child or the nonminor dependent may be promoted by the proposed change of order, modification of reunification services, custody, or visitation orders concerning a child for whom reunification services were not ordered pursuant to paragraphs (4), (5), and (6) of subdivision (b) of Section 361.5, recognition of a sibling relationship, termination of jurisdiction, or clear and convincing evidence supports revocation or termination of court-ordered reunification services, the court shall order that a hearing be held and shall give prior notice, or cause prior notice to be given, to the persons and in the manner prescribed by Section 386, and, in those instances in which the manner of giving notice is not prescribed by those sections, then in the manner the court prescribes.
(e)(1)(A)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, or as described in Section 10103.5, for whom the court has dismissed dependency jurisdiction pursuant to Section 391, or delinquency jurisdiction pursuant to Section 607.2, or transition jurisdiction pursuant to Section 452, but has retained general jurisdiction under subdivision (b) of Section 303, or the county child welfare services, probation department, or tribal placing agency on behalf of the nonminor, may petition the court in the same action in which the child was found to be a dependent or delinquent child of the juvenile 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 pursuant to Section 450. The petition shall be filed within the period that the nonminor is of the age described in this paragraph. If the nonminor has completed the voluntary reentry agreement, as described in subdivision (z) of Section 11400, with the placing agency, the agency shall file the petition on behalf of the nonminor within 15 judicial days of the date the agreement was signed unless the nonminor elects to file the petition at an earlier date.
(B)The petition may be brought notwithstanding a court order vacating the underlying adjudication pursuant to Section 236.14 of the Penal Code.
(2)(A)The petition to resume jurisdiction may be filed in the juvenile court that retains general jurisdiction under subdivision (b) of Section 303, or the petition may be submitted to the juvenile court in the county where the youth resides and forwarded to the juvenile court that retained general jurisdiction and filed with that court. The juvenile court having general jurisdiction under Section 303 shall receive the petition from the court where the petition was submitted within five court days of its submission, if the petition is filed in the county of residence. The juvenile court that retained general jurisdiction shall order that a hearing be held within 15 judicial days of the date the petition was filed if there is a prima facie showing that the nonminor satisfies the following criteria:
(i)He or she was previously under juvenile court jurisdiction, subject to an order for foster care placement when he or she attained 18 years of age, and has not attained 21 years of age.
(ii)He or she intends to satisfy at least one of the conditions set forth in paragraphs (1) to (5), inclusive, of subdivision (b) of Section 11403.
(iii)He or she wants assistance either in maintaining or securing appropriate supervised placement, or is in need of immediate placement and agrees to supervised placement pursuant to the voluntary reentry agreement as described in subdivision (z) of Section 11400.
(B)Upon ordering a hearing, the court shall give prior notice, or cause prior notice to be given, to the persons and by the means prescribed by Section 386, except that notice to parents or former guardians shall not be provided unless the nonminor requests, in writing on the face of the petition, notice to the parents or former guardians.
(3)The Judicial Council, by January 1, 2012, shall adopt rules of court to allow for telephonic appearances by nonminor former dependents or delinquents in these proceedings, and for telephonic appearances by nonminor dependents in any proceeding in which the nonminor dependent is a party, and he or she declines to appear and elects a telephonic appearance.
(4)Prior to the hearing on a petition to resume dependency jurisdiction or to assume or resume transition jurisdiction, the court shall order the county child welfare or probation department to prepare a report for the court addressing whether the nonminor intends to satisfy at least one of the criteria set forth in subdivision (b) of Section 11403. When the recommendation is for the nonminor dependent to be placed in a setting where minor dependents also reside, the results of a background check of the petitioning nonminor conducted pursuant to Section 16504.5, may be used by the placing agency to determine appropriate placement options for the nonminor. The existence of a criminal conviction is not a bar to eligibility for reentry or resumption of dependency jurisdiction or the assumption or resumption of transition jurisdiction over a nonminor.
(5)(A)The court shall resume dependency jurisdiction over a former dependent or assume or resume transition jurisdiction over a former delinquent ward pursuant to Section 450, and order that the nonminors placement and care be under the responsibility of the county child welfare services department, the probation department, tribe, consortium of tribes, or tribal organization, if the court finds all of the following:
(i)The nonminor was previously under juvenile court jurisdiction, subject to an order for foster care placement when he or she attained 18 years of age.
(ii)The nonminor has not attained 21 years of age.
(iii)Reentry and remaining in foster care are in the nonminors best interests.
(iv)The nonminor intends to satisfy, and agrees to satisfy, at least one of the criteria set forth in paragraphs (1) to (5), inclusive, of subdivision (b) of Section 11403, and demonstrates his or her agreement to placement in a supervised setting under the placement and care responsibility of the placing agency and to satisfy the criteria by signing the voluntary reentry agreement as described in subdivision (z) of Section 11400.
(B)In no event shall the court grant a continuance that would cause the hearing to resume dependency jurisdiction or to assume or resume transition jurisdiction to be completed more than 120 days after the date the petition was filed.
(C)The agency made responsible for the nonminors placement and care pursuant to subparagraph (A) shall prepare a new transitional independent living case plan within 60 calendar days from the date the nonminor signed the voluntary reentry agreement as described in subdivision (z) of Section 11400 and submit it to the court for the review hearing under Section 366.31, to be held within 70 days of the resumption of dependency jurisdiction or assumption or resumption of transition jurisdiction. In no event shall the review hearing under Section 366.3 be held more than 170 calendar days from the date the nonminor signed the voluntary reentry agreement.
SEC. 3.Section 450 of the Welfare and Institutions Code is amended to read:450.(a)A minor or nonminor who satisfies all of the following criteria is within the transition jurisdiction of the juvenile court:
(1)(A)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.
(B)The minor or nonminor met or would meet the criteria in subparagraph (A), but for the fact that the underlying adjudication was vacated pursuant to Section 236.14 of the Penal Code, and he or she has not attained 21 years of age.
(2)The ward meets any of the following conditions:
(A)The ward was removed from the physical custody of his or her parents or legal guardian, adjudged to be a ward of the juvenile court under Section 725, and ordered into foster care placement as a ward.
(B)The ward was removed from the custody of his or her parents or legal guardian as a dependent of the court with an order for foster care placement as a dependent in effect at the time the court adjudged him or her to be a ward of the juvenile court under Section 725.
(C)The minor or nonminor met or would meet the conditions described in subparagraph (A) or (B), but for the fact that the underlying adjudication was vacated pursuant to Section 236.14 of the Penal Code, and he or she has not attained 21 years of age.
(3)The rehabilitative goals of the minor or nonminor, as set forth in the case plan, have been met, and juvenile court jurisdiction over the minor or nonminor as a ward is no longer required, or the underlying adjudication was vacated pursuant to Section 236.14 of the Penal Code.
(4)(A)If the ward is a minor, reunification services have been terminated; the matter has not been set for a hearing for termination of parental rights pursuant to Section 727.3 or for the establishment of guardianship pursuant to Section 728; the return of the child to the physical custody of the parents or legal guardian would create a substantial risk of detriment to the childs safety, protection, or physical or emotional well-being; and the minor has indicated an intent to sign a mutual agreement, as described in subdivision (u) of Section 11400, with the responsible agency for placement in a supervised setting as a nonminor dependent.
(B)If the ward is a nonminor, he or she has signed a mutual agreement, as described in subdivision (u) of Section 11400, with the responsible agency for placement in a supervised setting as a nonminor dependent or has signed a voluntary reentry agreement, as described in subdivision (z) of Section 11400 for placement in a supervised setting as a nonminor dependent. A runaway and homeless youth shelter licensed by the State Department of Social Services pursuant to Section 1502.35 of the Health and Safety Code shall not be a placement option pursuant to this section.
(b)A minor who is subject to the courts transition jurisdiction shall be referred to as a transition dependent.
(c)A youth subject to the courts transition jurisdiction who is 18 years of age or older shall be referred to as a nonminor dependent.
SEC. 4.Section 451 of the Welfare and Institutions Code is amended to read:451.(a)At a hearing during which termination of jurisdiction over a ward is considered, the court may, as an alternative to termination of jurisdiction, modify its order of jurisdiction and assume transition jurisdiction over the ward pursuant to Section 450. The court may also assume transition jurisdiction over a ward, transition dependent, or nonminor dependent whose underlying adjudication is vacated pursuant to Section 236.14 of the Penal Code.
(b)A minor or a nonminor who is subject to the courts transition jurisdiction shall not be subject to any terms or conditions of probation, and his or her case shall be managed as a dependent child of the court or as a nonminor dependent of the court.
(c)Each county shall modify its protocol for Section 241.1 to include a provision to determine whether the child welfare services department or the probation department shall supervise persons subject to the courts transition jurisdiction, including persons who obtained a court order vacating the underlying adjudication pursuant to Section 236.14 of the Penal Code. For a minor, this supervision shall comply with the requirements and procedures set forth in this code for dependent children. For a nonminor, this supervision shall comply with the provisions set forth in this code that specifically apply to nonminor dependents.
(d)The court shall appoint counsel, pursuant to Section 317, for minors and nonminors subject to the courts transition jurisdiction. The court shall, to the extent feasible given local court circumstances, provide for continuity of representation for the minor or nonminor from delinquency jurisdiction to transition jurisdiction pursuant to Section 450 by the attorney appointed to represent the minor or nonminor pursuant to Section 634.
SEC. 5.Section 11401 of the Welfare and Institutions Code is amended to read:11401.Aid in the form of AFDC-FC shall be provided under this chapter on behalf of any child under 18 years of age, and to any nonminor dependent who meets the conditions of any of the following subdivisions:
(a)The child has been relinquished, for purposes of adoption, to a licensed adoption agency, or the department, or the parental rights of either or both of his or her parents have been terminated after an action under the Family Code has been brought by a licensed adoption agency or the department, provided that the licensed adoption agency or the department, if responsible for placement and care, provides to those children all services as required by the department to children in foster care.
(b)The child has been removed from the physical custody of his or her parent, relative, or guardian as a result of a voluntary placement agreement or a judicial determination that continuance in the home would be contrary to the childs welfare and that, if the child was placed in foster care, reasonable efforts were made, consistent with Chapter 5 (commencing with Section 16500) of Part 4, to prevent or eliminate the need for removal of the child from his or her home and to make it possible for the child to return to his or her home, and any of the following applies:
(1)The child has been adjudged a dependent child of the court on the grounds that he or she is a person described by Section 300.
(2)The child has been adjudged a ward of the court on the grounds that he or she is a person described by Sections 601 and 602, or the child or nonminor is under the transition jurisdiction of the juvenile court pursuant to Section 450.
(3)The child has been detained under a court order, pursuant to Section 319 or 636, that remains in effect.
(4)The childs or nonminors dependency jurisdiction, or transition jurisdiction pursuant to Section 450, has resumed pursuant to Section 387, or subdivision (a) or (e) of Section 388.
(c)The child has been voluntarily placed by his or her parent or guardian pursuant to Section 11401.1.
(d)The child is living in the home of a nonrelated legal guardian, or the nonminor is living in the home of a former nonrelated legal guardian.
(e)The child is a nonminor dependent who is placed pursuant to a mutual agreement as set forth in subdivision (u) of Section 11400, under the placement and care responsibility of the county child welfare services department, an Indian tribe that entered into an agreement pursuant to Section 10553.1, or the county probation department, or the child is a nonminor dependent reentering foster care placement pursuant to a voluntary agreement, as set forth in subdivision (z) of Section 11400.
(f)The child has been placed in foster care under the federal Indian Child Welfare Act. Sections 11402, 11404, and 11405 shall not be construed as limiting payments to Indian children, as defined in the federal Indian Child Welfare Act, placed in accordance with that act.
(g)To be eligible for federal financial participation, the conditions described in paragraph (1), (2), (3), or (4) shall be satisfied:
(1)(A)The child meets the conditions of subdivision (b).
(B)The child has been deprived of parental support or care for any of the reasons set forth in Section 11250.
(C)The child has been removed from the home of a relative as defined in Section 233.90(c)(1) of Title 45 of the Code of Federal Regulations, as amended.
(D)The requirements of Sections 671 and 672 of Title 42 of the United States Code, as amended, have been met.
(2)(A)The child meets the requirements of subdivision (h).
(B)The requirements of Sections 671 and 672 of Title 42 of the United States Code, as amended, have been met.
(C)This paragraph shall be implemented only if federal financial participation is available for the children described in this paragraph.
(3)(A)The child has been removed from the custody of his or her parent, relative, or guardian as a result of a voluntary placement agreement or a judicial determination that continuance in the home would be contrary to the childs welfare and that, if the child was placed in foster care, reasonable efforts were made, consistent with Chapter 5 (commencing with Section 16500) of Part 4, to prevent or eliminate the need for removal of the child from his or her home and to make it possible for the child to return to his or her home, or the child is a nonminor dependent who satisfies the removal criteria in Section 472(a)(2)(A)(i) of the federal Social Security Act (42 U.S.C. Sec. 672 (a)(2)(A)(i)) and agrees to the placement and care responsibility of the placing agency by signing the voluntary reentry agreement, as set forth in subdivision (z) of Section 11400, and any of the following applies:
(i)The child has been adjudged a dependent child of the court on the grounds that he or she is a person described by Section 300.
(ii)The child has been adjudged a ward of the court on the grounds that he or she is a person described by Sections 601 and 602 or the child or nonminor is under the transition jurisdiction of the juvenile court, pursuant to Section 450.
(iii)The child has been detained under a court order, pursuant to Section 319 or 636, that remains in effect.
(iv)The childs or nonminors dependency jurisdiction, or transition jurisdiction pursuant to Section 450, has resumed pursuant to Section 387, or subdivision (a) or (e) of Section 388.
(B)The child has been placed in an eligible foster care placement, as set forth in Section 11402.
(C)The requirements of Sections 671 and 672 of Title 42 of the United States Code have been satisfied.
(D)This paragraph shall be implemented only if federal financial participation is available for the children described in this paragraph.
(4)With respect to a nonminor dependent, in addition to meeting the conditions specified in paragraph (1), the requirements of Section 675(8)(B) of Title 42 of the United States Code have been satisfied. With respect to a former nonminor dependent who reenters foster care placement by signing the voluntary reentry agreement, as set forth in subdivision (z) of Section 11400, the requirements for AFDC-FC eligibility of Section 672(a)(3)(A) of Title 42 of the United States Code are satisfied based on the nonminors status as a child-only case, without regard to the parents, legal guardians, or others in the assistance unit in the home from which the nonminor was originally removed.
(h)The child meets all of the following conditions:
(1)The child has been adjudged to be a dependent child or ward of the court on the grounds that he or she is a person described in Section 300, 601, or 602.
(2)The childs parent also has been adjudged to be a dependent child or nonminor dependent of the court on the grounds that he or she is a person described by Section 300, 450, 601, or 602 and is receiving benefits under this chapter.
(3)The child is placed in the same licensed or approved foster care facility in which his or her parent is placed and the childs parent is receiving reunification services with respect to that child.
SEC. 6.To the extent that this act has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state or otherwise be subject to Section 6 of Article XIIIB of the California Constitution.
(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.
(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. If the court terminates dependency, delinquency, or transition jurisdiction, the nonminor dependent shall remain under the general jurisdiction of the court 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 assume or resume dependency jurisdiction over himself or herself or to assume transition jurisdiction over himself or herself 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 his or her 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 his or her 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. His or her adult decisionmaking authority may be limited by and subject to the care, supervision, custody, conduct, and maintenance orders as described in Section 727.
(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 388 of the Welfare and Institutions Code is amended to read:388.(a)(1)Any parent or other person having an interest in a child who is a dependent child of the juvenile court or a nonminor dependent as defined in subdivision (v) of Section 11400, or the child himself or herself or the nonminor dependent through a properly appointed guardian may, upon grounds of change of circumstance or new evidence, petition the court in the same action in which the child was found to be a dependent child of the juvenile court or in which a guardianship was ordered pursuant to Section 360 for a hearing to change, modify, or set aside any order of court previously made or to terminate the jurisdiction of the court. The petition shall be verified and, if made by a person other than the child or the nonminor dependent shall state the petitioners relationship to or interest in the child or the nonminor dependent and shall set forth in concise language any change of circumstance or new evidence that is alleged to require the change of order or termination of jurisdiction.
(2)When any party, including a child who is a dependent of the juvenile court, petitions the court prior to an order terminating parental rights, to modify the order that reunification services were not needed pursuant to paragraphs (4), (5), and (6) of subdivision (b) of Section 361.5, or to modify any orders related to custody or visitation of the subject child, and the court orders a hearing pursuant to subdivision (d), the court shall modify the order that reunification services were not needed pursuant to paragraphs (4), (5), and (6) of subdivision (b) of Section 361.5, or any orders related to the custody or visitation of the child for whom reunification services were not ordered pursuant to paragraphs (4), (5), and (6) of subdivision (b) of Section 361.5, only if the court finds by clear and convincing evidence that the proposed change is in the best interests of the child.
(b)(1)Any person, including a child or a nonminor dependent who is a dependent of the juvenile court, may petition the court to assert a relationship as a sibling related by blood, adoption, or affinity through a common legal or biological parent to a child who is, or is the subject of a petition for adjudication as, a dependent of the juvenile court, and may request visitation with the dependent child, placement with or near the dependent child, or consideration when determining or implementing a case plan or permanent plan for the dependent child or make any other request for an order which may be shown to be in the best interest of the dependent child.
(2)A child or nonminor dependent who is a dependent of the juvenile court may petition the court to assert a relationship as a sibling related by blood, adoption, or affinity through a common legal or biological parent to a child who is in the physical custody of a common legal or biological parent, and may request visitation with the nondependent sibling in parental custody.
(3)Pursuant to subdivision (b) of Section 16002, a request for sibling visitation may be granted unless it is determined by the court that sibling visitation is contrary to the safety and well-being of any of the siblings.
(4)The court may appoint a guardian ad litem to file the petition for a dependent child asserting a sibling relationship pursuant to this subdivision if the court determines that the appointment is necessary for the best interests of the dependent child. The petition shall be verified and shall set forth the following:
(A)Through which parent he or she is related to the sibling.
(B)Whether he or she is related to the sibling by blood, adoption, or affinity.
(C)The request or order that the petitioner is seeking.
(D)Why that request or order is in the best interest of the dependent child.
(c)(1)Any party, including a child who is a dependent of the juvenile court, may petition the court, prior to the hearing set pursuant to subdivision (f) of Section 366.21 for a child described by subparagraph (A) of paragraph (1) of subdivision (a) of Section 361.5, or prior to the hearing set pursuant to subdivision (e) of Section 366.21 for a child described by subparagraph (B) or (C) of paragraph (1) of subdivision (a) of Section 361.5, to terminate court-ordered reunification services provided under subdivision (a) of Section 361.5 only if one of the following conditions exists:
(A)It appears that a change of circumstance or new evidence exists that satisfies a condition set forth in subdivision (b) or (e) of Section 361.5 justifying termination of court-ordered reunification services.
(B)The action or inaction of the parent or guardian creates a substantial likelihood that reunification will not occur, including, but not limited to, the parents or guardians failure to visit the child, or the failure of the parent or guardian to participate regularly and make substantive progress in a court-ordered treatment plan.
(2)In determining whether the parent or guardian has failed to visit the child or participate regularly or make progress in the treatment plan, the court shall consider factors that include but are not limited to, the parents or guardians incarceration, institutionalization, detention by the United States Department of Homeland Security, deportation, or participation in a court-ordered residential substance abuse treatment program.
(3)The court shall terminate reunification services during the above-described time periods only upon a finding by a preponderance of evidence that reasonable services have been offered or provided, and upon a finding of clear and convincing evidence that one of the conditions in subparagraph (A) or (B) of paragraph (1) exists.
(4)Any party, including a nonminor dependent, as defined in subdivision (v) of Section 11400, may petition the court prior to the review hearing set pursuant to subdivision (d) of Section 366.31 to terminate the continuation of court-ordered family reunification services for a nonminor dependent who has attained 18 years of age. The court shall terminate family reunification services to the parent or guardian if the nonminor dependent or parent or guardian are not in agreement that the continued provision of court-ordered family reunification services is in the best interests of the nonminor dependent.
(5)If the court terminates reunification services, it shall order that a hearing pursuant to Section 366.26 be held within 120 days. On and after January 1, 2012, a hearing pursuant to Section 366.26 shall not be ordered if the child is a nonminor dependent. The court may order a nonminor dependent who is otherwise eligible to AFDC-FC benefits pursuant to Section 11403 to remain in a planned, permanent living arrangement.
(d)If it appears that the best interests of the child or the nonminor dependent may be promoted by the proposed change of order, modification of reunification services, custody, or visitation orders concerning a child for whom reunification services were not ordered pursuant to paragraphs (4), (5), and (6) of subdivision (b) of Section 361.5, recognition of a sibling relationship, termination of jurisdiction, or clear and convincing evidence supports revocation or termination of court-ordered reunification services, the court shall order that a hearing be held and shall give prior notice, or cause prior notice to be given, to the persons and in the manner prescribed by Section 386, and, in those instances in which the manner of giving notice is not prescribed by those sections, then in the manner the court prescribes.
(e)(1)(A)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, or as described in Section 10103.5, for whom the court has dismissed dependency jurisdiction pursuant to Section 391, or delinquency jurisdiction pursuant to Section 607.2, or transition jurisdiction pursuant to Section 452, but has retained general jurisdiction under subdivision (b) of Section 303, or the county child welfare services, probation department, or tribal placing agency on behalf of the nonminor, may petition the court in the same action in which the child was found to be a dependent or delinquent child of the juvenile 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 pursuant to Section 450. The petition shall be filed within the period that the nonminor is of the age described in this paragraph. If the nonminor has completed the voluntary reentry agreement, as described in subdivision (z) of Section 11400, with the placing agency, the agency shall file the petition on behalf of the nonminor within 15 judicial days of the date the agreement was signed unless the nonminor elects to file the petition at an earlier date.
(B)The petition may be brought notwithstanding a court order vacating the underlying adjudication pursuant to Section 236.14 of the Penal Code.
(2)(A)The petition to resume jurisdiction may be filed in the juvenile court that retains general jurisdiction under subdivision (b) of Section 303, or the petition may be submitted to the juvenile court in the county where the youth resides and forwarded to the juvenile court that retained general jurisdiction and filed with that court. The juvenile court having general jurisdiction under Section 303 shall receive the petition from the court where the petition was submitted within five court days of its submission, if the petition is filed in the county of residence. The juvenile court that retained general jurisdiction shall order that a hearing be held within 15 judicial days of the date the petition was filed if there is a prima facie showing that the nonminor satisfies the following criteria:
(i)He or she was previously under juvenile court jurisdiction, subject to an order for foster care placement when he or she attained 18 years of age, and has not attained 21 years of age.
(ii)He or she intends to satisfy at least one of the conditions set forth in paragraphs (1) to (5), inclusive, of subdivision (b) of Section 11403.
(iii)He or she wants assistance either in maintaining or securing appropriate supervised placement, or is in need of immediate placement and agrees to supervised placement pursuant to the voluntary reentry agreement as described in subdivision (z) of Section 11400.
(B)Upon ordering a hearing, the court shall give prior notice, or cause prior notice to be given, to the persons and by the means prescribed by Section 386, except that notice to parents or former guardians shall not be provided unless the nonminor requests, in writing on the face of the petition, notice to the parents or former guardians.
(3)The Judicial Council, by January 1, 2012, shall adopt rules of court to allow for telephonic appearances by nonminor former dependents or delinquents in these proceedings, and for telephonic appearances by nonminor dependents in any proceeding in which the nonminor dependent is a party, and he or she declines to appear and elects a telephonic appearance.
(4)Prior to the hearing on a petition to resume dependency jurisdiction or to assume or resume transition jurisdiction, the court shall order the county child welfare or probation department to prepare a report for the court addressing whether the nonminor intends to satisfy at least one of the criteria set forth in subdivision (b) of Section 11403. When the recommendation is for the nonminor dependent to be placed in a setting where minor dependents also reside, the results of a background check of the petitioning nonminor conducted pursuant to Section 16504.5, may be used by the placing agency to determine appropriate placement options for the nonminor. The existence of a criminal conviction is not a bar to eligibility for reentry or resumption of dependency jurisdiction or the assumption or resumption of transition jurisdiction over a nonminor.
(5)(A)The court shall resume dependency jurisdiction over a former dependent or assume or resume transition jurisdiction over a former delinquent ward pursuant to Section 450, and order that the nonminors placement and care be under the responsibility of the county child welfare services department, the probation department, tribe, consortium of tribes, or tribal organization, if the court finds all of the following:
(i)The nonminor was previously under juvenile court jurisdiction, subject to an order for foster care placement when he or she attained 18 years of age.
(ii)The nonminor has not attained 21 years of age.
(iii)Reentry and remaining in foster care are in the nonminors best interests.
(iv)The nonminor intends to satisfy, and agrees to satisfy, at least one of the criteria set forth in paragraphs (1) to (5), inclusive, of subdivision (b) of Section 11403, and demonstrates his or her agreement to placement in a supervised setting under the placement and care responsibility of the placing agency and to satisfy the criteria by signing the voluntary reentry agreement as described in subdivision (z) of Section 11400.
(B)In no event shall the court grant a continuance that would cause the hearing to resume dependency jurisdiction or to assume or resume transition jurisdiction to be completed more than 120 days after the date the petition was filed.
(C)The agency made responsible for the nonminors placement and care pursuant to subparagraph (A) shall prepare a new transitional independent living case plan within 60 calendar days from the date the nonminor signed the voluntary reentry agreement as described in subdivision (z) of Section 11400 and submit it to the court for the review hearing under Section 366.31, to be held within 70 days of the resumption of dependency jurisdiction or assumption or resumption of transition jurisdiction. In no event shall the review hearing under Section 366.3 be held more than 170 calendar days from the date the nonminor signed the voluntary reentry agreement.
SEC. 3.Section 388.1 of the Welfare and Institutions Code is amended to read:388.1.(a)On and after January 1, 2014, a nonminor who has not attained 21 years of age may petition the court in which he or she was previously found to be a dependent or delinquent child of the juvenile court for a hearing to determine whether to assume dependency jurisdiction over the nonminor, if he or she meets any of the following descriptions:(1)He or she is a nonminor former dependent, as defined in subdivision (aa) of Section 11400, who received, or was eligible to receive, aid after attaining 18 years of age under Kin-GAP pursuant to Article 4.5 (commencing with Section 11360) or Article 4.7 (commencing with Section 11385) of Chapter 2 of Part 3 of Division 9, or pursuant to subdivision (e) of Section 11405, and whose former guardian or guardians died after the nonminor attained 18 years of age, but before he or she attains 21 years of age.(2)He or she is a nonminor former dependent, as defined in subdivision (aa) of Section 11400, who received, or was eligible to receive, aid after attaining 18 years of age under Kin-GAP pursuant to Article 4.5 (commencing with Section 11360) or Article 4.7 (commencing with Section 11385) of Chapter 2 of Part 3 of Division 9, or pursuant to subdivision (e) of Section 11405, and whose former guardian or guardians no longer provide ongoing support to the nonminor after the nonminor attained 18 years of age, but before he or she attains 21 years of age.(3)He or she is a nonminor who received, or was eligible to receive, adoption assistance payments after attaining 18 years of age pursuant to Chapter 2.1 (commencing with Section 16115) of Part 4 of Division 9 and his or her adoptive parent or parents died after the nonminor attained 18 years of age, but before he or she attains 21 years of age.(4)He or she is a nonminor who received, or was eligible to receive, adoption assistance payments after attaining 18 years of age pursuant to Chapter 2.1 (commencing with Section 16115) of Part 4 of Division 9 and his or her adoptive parent or parents no longer provide ongoing support to the nonminor after the nonminor attained 18 years of age, but before he or she attains 21 years of age.(b)(1)The petition to assume jurisdiction may be filed in either of the following:(A)The juvenile court that established the guardianship pursuant to Section 360, Section 366.26, or subdivision (d) of Section 728.(B)The juvenile court that had jurisdiction over the minor or nonminor dependent when his or her adoption was finalized.(2)A nonminor described in subdivision (a) may submit a petition to assume dependency jurisdiction to the juvenile court in the county where he or she resides. A petition submitted pursuant to this paragraph shall, within five days of submission, be forwarded to the court that had jurisdiction over the child at the time of the guardianship or adoption. The clerk of the court that had jurisdiction over the child at the time of the guardianship or adoption shall file the petition within one judicial day of receipt.(c)(1)The juvenile court in which the petition was filed shall order a hearing to be held within 15 judicial days of the date the petition was filed if there is a prima facie showing that the nonminor satisfies all of the following criteria:(A)He or she was a minor under juvenile court jurisdiction at the time of the establishment of a guardianship pursuant to Section 360, Section 366.26, or subdivision (d) of Section 728, or he or she was a minor or nonminor dependent when his or her adoption was finalized.(B)(i)His or her guardian or guardians, or adoptive parent or parents, as applicable, died after the nonminor attained 18 years of age, but before he or she attained 21 years of age.(ii)His or her guardian or guardians, or adoptive parent or parents, as applicable, no longer provide ongoing support to the nonminor after the nonminor attained 18 years of age, but before he or she attained 21 years of age, and it may be in the nonminors best interest for the court to assume dependency jurisdiction.(C)He or she intends to satisfy at least one of the conditions set forth in paragraphs (1) to (5), inclusive, of subdivision (b) of Section 11403.(D)He or she is requesting assistance in maintaining or securing appropriate supervised placement, or needs immediate placement and agrees to supervised placement pursuant to the voluntary reentry agreement described in subdivision (z) of Section 11400.(2)Upon ordering a hearing, the court shall give notice, at least three days before the hearing, to the nonminor, the appropriate child welfare agency or probation department, the nonminors adoptive parent or parents, the nonminors guardian or guardians, and any other person requested by the nonminor in the petition.(3)Pursuant to applicable rules of court, the juvenile court shall allow for telephonic appearances by the nonminor in these proceedings and in any proceeding in which the nonminor dependent is a party.(4)Prior to the hearing, the court shall order the county child welfare or probation department to prepare a report for the court that addresses both of the following:(A)The nonminors plans to satisfy at least one of the criteria set forth in paragraphs (1) to (5), inclusive, of subdivision (b) of Section 11403.(B)The appropriate placement setting for the nonminor. When the recommendation is for the nonminor to be placed in a setting where minor dependents also reside, the results of a background check of the petitioning nonminor conducted pursuant to Section 16504.5 may be used by the placing agency to determine appropriate placement options for him or her.(5)The court shall assume dependency jurisdiction over a former dependent or ward, and order his or her placement and care be under the responsibility of the county child welfare services department, the probation department, tribe, consortium of tribes, or tribal organization, if the court finds all of the following:(A)The nonminor was a minor under juvenile court jurisdiction at the time of the establishment of a guardianship pursuant to Section 360, Section 366.26, or subdivision (d) of Section 728, or he or she was a dependent at the time his or her adoption was finalized.(B)The nonminors guardian or guardians, or adoptive parent or parents, as applicable, have died, or no longer provide ongoing support to the nonminor, and it is in the nonminors best interests for the court to assume dependency jurisdiction.(C)The nonminor has not attained 21 years of age.(D)Reentry and remaining in foster care are in the nonminors best interests.(E)The nonminor intends to satisfy, and agrees to satisfy, at least one of the criteria set forth in paragraphs (1) to (5), inclusive, of subdivision (b) of Section 11403, and demonstrates his or her agreement to placement in a supervised setting under the placement and care responsibility of the placing agency by signing the voluntary reentry agreement described in subdivision (z) of Section 11400.(6)The existence of a criminal conviction is not a bar to eligibility for reentry to foster care or assumption of dependency jurisdiction over a nonminor.(7)The court shall not grant a continuance that would cause the hearing to be completed more than 120 days after the date the petition is filed.(d)The agency made responsible for the nonminors placement and care pursuant to paragraph (5) of subdivision (c) shall prepare a new transitional independent living case plan within 60 calendar days of the date the nonminor signs the voluntary reentry agreement and shall submit the plan to the court for the review hearing specified in Section 366.31, to be held within 70 days of the assumption of dependency jurisdiction. The review hearing under Section 366.31 shall not be held more than 170 calendar days from the date the nonminor signs the voluntary reentry agreement.(e)(1) A nonminor described in subdivision (a) may enter into a voluntary reentry agreement as defined in subdivision (z) of Section 11400 in order to establish eligibility for foster care benefits under subdivision (e) of Section 11401 before or after filing a petition to assume dependency jurisdiction, if the nonminors guardian or guardians, or adoptive parent or parents, as applicable, have died or are no longer providing ongoing support. If the nonminor enters into a voluntary reentry agreement prior to filing the petition, the nonminor is entitled to placement and supervision pending the courts assumption of jurisdiction.(2)If the nonminor completes a voluntary reentry agreement with a placing agency, the placing agency shall file the petition to assume dependency jurisdiction on behalf of the nonminor within 15 judicial days of the date the agreement is signed, unless the nonminor elects to file the petition at an earlier date.SEC. 4.SEC. 3.Section 450 of the Welfare and Institutions Code is amended to read:450.(a)A minor or nonminor who satisfies all of the following criteria is within the transition jurisdiction of the juvenile court:
(1)(A)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.
(B)The minor or nonminor met or would meet the criteria in subparagraph (A), but for the fact that the underlying adjudication was vacated pursuant to Section 236.14 of the Penal Code, and he or she has not attained 21 years of age.
(2)The ward meets any of the following conditions:
(A)The ward was removed from the physical custody of his or her parents or legal guardian, adjudged to be a ward of the juvenile court under Section 725, and ordered into foster care placement as a ward.
(B)The ward was removed from the custody of his or her parents or legal guardian as a dependent of the court with an order for foster care placement as a dependent in effect at the time the court adjudged him or her to be a ward of the juvenile court under Section 725.
(C)The minor or nonminor met or would meet the conditions described in subparagraph (A) or (B), but for the fact that the underlying adjudication was vacated pursuant to Section 236.14 of the Penal Code, and he or she has not attained 21 years of age.
(3)The rehabilitative goals of the minor or nonminor, as set forth in the case plan, have been met, and juvenile court jurisdiction over the minor or nonminor as a ward is no longer required, or the underlying adjudication was vacated pursuant to Section 236.14 of the Penal Code.
(4)(A)If the ward is a minor, reunification services have been terminated; the matter has not been set for a hearing for termination of parental rights pursuant to Section 727.3 or for the establishment of guardianship pursuant to Section 728; the return of the child to the physical custody of the parents or legal guardian would create a substantial risk of detriment to the childs safety, protection, or physical or emotional well-being; and the minor has indicated an intent to sign a mutual agreement, as described in subdivision (u) of Section 11400, with the responsible agency for placement in a supervised setting as a nonminor dependent.
(B)If the ward is a nonminor, he or she has signed a mutual agreement, as described in subdivision (u) of Section 11400, with the responsible agency for placement in a supervised setting as a nonminor dependent or has signed a voluntary reentry agreement, as described in subdivision (z) of Section 11400 for placement in a supervised setting as a nonminor dependent. A runaway and homeless youth shelter licensed by the State Department of Social Services pursuant to Section 1502.35 of the Health and Safety Code shall not be a placement option pursuant to this section.
(b)A minor who is subject to the courts transition jurisdiction shall be referred to as a transition dependent.
(c)A youth subject to the courts transition jurisdiction who is 18 years of age or older shall be referred to as a nonminor dependent.
SEC. 5.SEC. 4.Section 451 of the Welfare and Institutions Code is amended to read:451.(a)At a hearing during which termination of jurisdiction over a ward is considered, the court may, as an alternative to termination of jurisdiction, modify its order of jurisdiction and assume transition jurisdiction over the ward pursuant to Section 450. The court may also assume transition jurisdiction over a ward, transition dependent, or nonminor dependent whose underlying adjudication is vacated pursuant to Section 236.14 of the Penal Code.
(b)A minor or a nonminor who is subject to the courts transition jurisdiction shall not be subject to any terms or conditions of probation, and his or her case shall be managed as a dependent child of the court or as a nonminor dependent of the court.
(c)Each county shall modify its protocol for Section 241.1 to include a provision to determine whether the child welfare services department or the probation department shall supervise persons subject to the courts transition jurisdiction, including persons who obtained a court order vacating the underlying adjudication pursuant to Section 236.14 of the Penal Code. For a minor, this supervision shall comply with the requirements and procedures set forth in this code for dependent children. For a nonminor, this supervision shall comply with the provisions set forth in this code that specifically apply to nonminor dependents.
(d)The court shall appoint counsel, pursuant to Section 317, for minors and nonminors subject to the courts transition jurisdiction. The court shall, to the extent feasible given local court circumstances, provide for continuity of representation for the minor or nonminor from delinquency jurisdiction to transition jurisdiction pursuant to Section 450 by the attorney appointed to represent the minor or nonminor pursuant to Section 634.
SEC. 6.SEC. 5.Section 11401 of the Welfare and Institutions Code is amended to read:11401.Aid in the form of AFDC-FC shall be provided under this chapter on behalf of any child under 18 years of age, and to any nonminor dependent who meets the conditions of any of the following subdivisions:
(a)The child has been relinquished, for purposes of adoption, to a licensed adoption agency, or the department, or the parental rights of either or both of his or her parents have been terminated after an action under the Family Code has been brought by a licensed adoption agency or the department, provided that the licensed adoption agency or the department, if responsible for placement and care, provides to those children all services as required by the department to children in foster care.
(b)The child has been removed from the physical custody of his or her parent, relative, or guardian as a result of a voluntary placement agreement or a judicial determination that continuance in the home would be contrary to the childs welfare and that, if the child was placed in foster care, reasonable efforts were made, consistent with Chapter 5 (commencing with Section 16500) of Part 4, to prevent or eliminate the need for removal of the child from his or her home and to make it possible for the child to return to his or her home, and any of the following applies:
(1)The child has been adjudged a dependent child of the court on the grounds that he or she is a person described by Section 300.
(2)The child has been adjudged a ward of the court on the grounds that he or she is a person described by Sections 601 and 602, or the child or nonminor is under the transition jurisdiction of the juvenile court pursuant to Section 450.
(3)The child has been detained under a court order, pursuant to Section 319 or 636, that remains in effect.
(4)The childs or nonminors dependency jurisdiction, or transition jurisdiction pursuant to Section 450, has resumed pursuant to Section 387, or subdivision (a) or (e) of Section 388.
(c)The child has been voluntarily placed by his or her parent or guardian pursuant to Section 11401.1.
(d)The child is living in the home of a nonrelated legal guardian, or the nonminor is living in the home of a former nonrelated legal guardian.
(e)The child is a nonminor dependent who is placed pursuant to a mutual agreement as set forth in subdivision (u) of Section 11400, under the placement and care responsibility of the county child welfare services department, an Indian tribe that entered into an agreement pursuant to Section 10553.1, or the county probation department, or the child is a nonminor dependent reentering foster care placement pursuant to a voluntary agreement, as set forth in subdivision (z) of Section 11400.
(f)The child has been placed in foster care under the federal Indian Child Welfare Act. Sections 11402, 11404, and 11405 shall not be construed as limiting payments to Indian children, as defined in the federal Indian Child Welfare Act, placed in accordance with that act.
(g)To be eligible for federal financial participation, the conditions described in paragraph (1), (2), (3), or (4) shall be satisfied:
(1)(A)The child meets the conditions of subdivision (b).
(B)The child has been deprived of parental support or care for any of the reasons set forth in Section 11250.
(C)The child has been removed from the home of a relative as defined in Section 233.90(c)(1) of Title 45 of the Code of Federal Regulations, as amended.
(D)The requirements of Sections 671 and 672 of Title 42 of the United States Code, as amended, have been met.
(2)(A)The child meets the requirements of subdivision (h).
(B)The requirements of Sections 671 and 672 of Title 42 of the United States Code, as amended, have been met.
(C)This paragraph shall be implemented only if federal financial participation is available for the children described in this paragraph.
(3)(A)The child has been removed from the custody of his or her parent, relative, or guardian as a result of a voluntary placement agreement or a judicial determination that continuance in the home would be contrary to the childs welfare and that, if the child was placed in foster care, reasonable efforts were made, consistent with Chapter 5 (commencing with Section 16500) of Part 4, to prevent or eliminate the need for removal of the child from his or her home and to make it possible for the child to return to his or her home, or the child is a nonminor dependent who satisfies the removal criteria in Section 472(a)(2)(A)(i) of the federal Social Security Act (42 U.S.C. Sec. 672 (a)(2)(A)(i)) and agrees to the placement and care responsibility of the placing agency by signing the voluntary reentry agreement, as set forth in subdivision (z) of Section 11400, and any of the following applies:
(i)The child has been adjudged a dependent child of the court on the grounds that he or she is a person described by Section 300.
(ii)The child has been adjudged a ward of the court on the grounds that he or she is a person described by Sections 601 and 602 or the child or nonminor is under the transition jurisdiction of the juvenile court, pursuant to Section 450.
(iii)The child has been detained under a court order, pursuant to Section 319 or 636, that remains in effect.
(iv)The childs or nonminors dependency jurisdiction, or transition jurisdiction pursuant to Section 450, has resumed pursuant to Section 387, or subdivision (a) or (e) of Section 388.
(B)The child has been placed in an eligible foster care placement, as set forth in Section 11402.
(C)The requirements of Sections 671 and 672 of Title 42 of the United States Code have been satisfied.
(D)This paragraph shall be implemented only if federal financial participation is available for the children described in this paragraph.
(4)With respect to a nonminor dependent, in addition to meeting the conditions specified in paragraph (1), the requirements of Section 675(8)(B) of Title 42 of the United States Code have been satisfied. With respect to a former nonminor dependent who reenters foster care placement by signing the voluntary reentry agreement, as set forth in subdivision (z) of Section 11400, the requirements for AFDC-FC eligibility of Section 672(a)(3)(A) of Title 42 of the United States Code are satisfied based on the nonminors status as a child-only case, without regard to the parents, legal guardians, or others in the assistance unit in the home from which the nonminor was originally removed.
(h)The child meets all of the following conditions:
(1)The child has been adjudged to be a dependent child or ward of the court on the grounds that he or she is a person described in Section 300, 601, or 602.
(2)The childs parent also has been adjudged to be a dependent child or nonminor dependent of the court on the grounds that he or she is a person described by Section 300, 450, 601, or 602 and is receiving benefits under this chapter.
(3)The child is placed in the same licensed or approved foster care facility in which his or her parent is placed and the childs parent is receiving reunification services with respect to that child.
SEC. 7.Section 11403 of the Welfare and Institutions Code is amended to read:11403.(a)It is the intent of the Legislature to exercise the option afforded states under Section 475(8) (42 U.S.C. Sec. 675(8)), and Section 473(a)(4) (42 U.S.C. Sec. 673(a)(4)) of the federal Social Security Act, as contained in the federal Fostering Connections to Success and Increasing Adoptions Act of 2008 (Public Law 110-351), to receive federal financial participation for nonminor dependents of the juvenile court who satisfy the conditions of subdivision (b), consistent with their transitional independent living case plan. These nonminor dependents are eligible to receive support until they are 21 years of age, consistent with their transitional independent living case plan and as described in Section 10103.5. It is the intent of the Legislature both at the time of initial determination of the nonminor dependents eligibility and throughout the time the nonminor dependent is eligible for aid pursuant to this section, that the social worker or probation officer or Indian tribal placing entity and the nonminor dependent shall work together to ensure the nonminor dependents ongoing eligibility. All case planning shall be a collaborative effort between the nonminor dependent and the social worker, probation officer, or Indian tribe, with the nonminor dependent assuming increasing levels of responsibility and independence.(b)A nonminor dependent receiving aid pursuant to this chapter, who satisfies the age criteria set forth in subdivision (a), shall meet the legal authority for placement and care by being under a foster care placement order by the juvenile court, or the voluntary reentry agreement as set forth in subdivision (z) of Section 11400, and is otherwise eligible for AFDC-FC payments pursuant to Section 11401. A nonminor who satisfies the age criteria set forth in subdivision (a), and who is otherwise eligible, shall continue to receive CalWORKs payments pursuant to Section 11253, Approved Relative Caregiver Funding Program benefits pursuant to Section 11461.3, or, as a nonminor former dependent or ward, aid pursuant to Kin-GAP under Article 4.5 (commencing with Section 11360) or Article 4.7 (commencing with Section 11385) or adoption assistance payments as specified in Chapter 2.1 (commencing with Section 16115) of Part 4. A nonminor former dependent child or ward of the juvenile court who is otherwise eligible to receive AFDC-FC benefits pursuant to Section 11405 and who satisfies the criteria set forth in subdivision (a) shall continue to be eligible to receive aid as long as the nonminor is otherwise eligible for AFDC-FC benefits under this subdivision. This subdivision applies when one or more of the following conditions exist:(1)The nonminor is completing secondary education or a program leading to an equivalent credential.(2)The nonminor is enrolled in an institution which provides postsecondary or vocational education.(3)The nonminor is participating in a program or activity designed to promote, or remove barriers to employment.(4)The nonminor is employed for at least 80 hours per month.(5)The nonminor is incapable of doing any of the activities described in paragraphs (1) to (4), inclusive, due to a medical condition, and that incapability is supported by regularly updated information in the case plan of the nonminor. The requirement to update the case plan under this section shall not apply to nonminor former dependents or wards in receipt of Kin-GAP program or Adoption Assistance Program payments.(c)The county child welfare or probation department, Indian tribe, consortium of tribes, or tribal organization that has entered into an agreement pursuant to Section 10553.1, shall work together with a nonminor dependent who is in foster care on his or her 18th birthday and thereafter or a nonminor former dependent receiving aid pursuant to Section 11405, to satisfy one or more of the conditions described in paragraphs (1) to (5), inclusive, of subdivision (b) and shall certify the nonminors applicable condition or conditions in the nonminors six-month transitional independent living case plan update, and provide the certification to the eligibility worker and to the court at each six-month case plan review hearing for the nonminor dependent. Relative guardians who receive Kin-GAP payments and adoptive parents who receive adoption assistance payments shall be responsible for reporting to the county welfare agency that the nonminor does not satisfy at least one of the conditions described in subdivision (b). The social worker, probation officer, or tribal entity shall verify and obtain assurances that the nonminor dependent continues to satisfy at least one of the conditions in paragraphs (1) to (5), inclusive, of subdivision (b) at each six-month transitional independent living case plan update. The six-month case plan update shall certify the nonminors eligibility pursuant to subdivision (b) for the next six-month period. During the six-month certification period, the payee and nonminor shall report any change in placement or other relevant changes in circumstances that may affect payment. The nonminor dependent, or nonminor former dependent receiving aid pursuant to subdivision (e) of Section 11405, shall be informed of all due process requirements, in accordance with state and federal law, prior to an involuntary termination of aid, and shall simultaneously be provided with a written explanation of how to exercise his or her due process rights and obtain referrals to legal assistance. Any notices of action regarding eligibility shall be sent to the nonminor dependent or former dependent, his or her counsel, as applicable, and the placing worker, in addition to any other payee. Payments of aid pursuant to Kin-GAP under Article 4.5 (commencing with Section 11360) or Article 4.7 (commencing with Section 11385), adoption assistance payments as specified in Chapter 2.1 (commencing with Section 16115) of Part 4, or aid pursuant to subdivision (e) of Section 11405 that are made on behalf of a nonminor former dependent shall terminate subject to the terms of the agreements. Subject to federal approval of amendments to the state plan, aid payments may be suspended and resumed based on changes of circumstances that affect eligibility. Nonminor former dependents, as identified in paragraph (2) of subdivision (aa) of Section 11400, are not eligible for reentry under subdivision (e) of Section 388 as nonminor dependents under the jurisdiction of the juvenile court, but may be eligible for reentry pursuant to Section 388.1 if (1) the nonminor former dependent was receiving, or eligible to receive, aid pursuant to Kin-GAP under Article 4.5 (commencing with Section 11360) or Article 4.7 (commencing with Section 11385), the nonminor former dependent was receiving, or eligible to receive, aid pursuant to subdivision (e) of Section 11405, or the nonminor was receiving, or eligible to receive, adoption assistance payments as specified in Chapter 2.1 (commencing with Section 16115) of Part 3, and (2) the nonminors former guardian or adoptive parent dies, or no longer provides ongoing support to the nonminor after the nonminor turns 18 years of age but before the nonminor turns 21 years of age. Nonminor former dependents requesting the resumption of AFDC-FC payments pursuant to subdivision (e) of Section 11405 shall complete the applicable portions of the voluntary reentry agreement, as described in subdivision (z) of Section 11400.(d)A nonminor dependent may receive all of the payment directly provided that the nonminor is living independently in a supervised placement, as described in subdivision (w) of Section 11400, and that both the youth and the agency responsible for the foster care placement have signed a mutual agreement, as defined in subdivision (u) of Section 11400, if the youth is capable of making an informed agreement, that documents the continued need for supervised out-of-home placement, and the nonminors and social workers or probation officers agreement to work together to facilitate implementation of the mutually developed supervised placement agreement and transitional independent living case plan.(e)Eligibility for aid under this section shall not terminate until the nonminor dependent attains the age criteria, as set forth in subdivision (a), but aid may be suspended when the nonminor dependent no longer resides in an eligible facility, as described in Section 11402, or is otherwise not eligible for AFDC-FC benefits under Section 11401, or terminated at the request of the nonminor, or after a court terminates dependency jurisdiction pursuant to Section 391, delinquency jurisdiction pursuant to Section 607.2, or transition jurisdiction pursuant to Section 452. AFDC-FC benefits to nonminor dependents may be resumed at the request of the nonminor by completing a voluntary reentry agreement pursuant to subdivision (z) of Section 11400, before or after the filing of a petition filed pursuant to subdivision (e) of Section 388 after a court terminates dependency or transitional jurisdiction pursuant to Section 391, or delinquency jurisdiction pursuant to Section 607.2. The county welfare or probation department or Indian tribal entity that has entered into an agreement pursuant to Section 10553.1 shall complete the voluntary reentry agreement with the nonminor who agrees to satisfy the criteria of the agreement, as described in subdivision (z) of Section 11400. The county welfare department or tribal entity shall establish a new child-only Title IV-E eligibility determination based on the nonminors completion of the voluntary reentry agreement pursuant to Section 11401. The beginning date of aid for either federal or state AFDC-FC for a reentering nonminor who is placed in foster care is the date the voluntary reentry agreement is signed or the nonminor is placed, whichever is later. The county welfare department, county probation department, or tribal entity shall provide a nonminor dependent who wishes to continue receiving aid with the assistance necessary to meet and maintain eligibility.(f)(1)The county having jurisdiction of the nonminor dependent shall remain the county of payment under this section regardless of the youths physical residence. Nonminor former dependents receiving aid pursuant to subdivision (e) of Section 11405 shall be paid by their county of residence. Counties may develop courtesy supervision agreements to provide case management and independent living services by the county of residence pursuant to the nonminor dependents transitional independent living case plan. Placements made out of state are subject to the applicable requirements of the Interstate Compact on Placement of Children, pursuant to Part 5 (commencing with Section 7900) of Division 12 of the Family Code.(2)The county welfare department, county probation department, or tribal entity shall notify all foster youth who attain 16 years of age and are under the jurisdiction of that county or tribe, including those receiving Kin-GAP, and AAP, of the existence of the aid prescribed by this section.(3)The department shall seek any waiver to amend its Title IV-E state plan with the Secretary of the United States Department of Health and Human Services necessary to implement this section.(g)(1)Subject to paragraph (3), a county shall pay the nonfederal share of the cost of extending aid pursuant to this section to eligible nonminor dependents who have reached 18 years of age and who are under the jurisdiction of the county, including AFDC-FC payments pursuant to Section 11401, aid pursuant to Kin-GAP under Article 4.7 (commencing with Section 11385), adoption assistance payments as specified in Chapter 2.1 (commencing with Section 16115) of Part 4, and aid pursuant to Section 11405 for nonminor dependents who are residing in the county as provided in paragraph (1) of subdivision (f). A county shall contribute to the CalWORKs payments pursuant to Section 11253 and aid pursuant to Kin-GAP under Article 4.5 (commencing with Section 11360) at the statutory sharing ratios in effect on January 1, 2012.(2)Subject to paragraph (3), a county shall pay the nonfederal share of the cost of providing permanent placement services pursuant to subdivision (c) of Section 16508 and administering the Aid to Families with Dependent Children Foster Care program pursuant to Section 15204.9. For purposes of budgeting, the department shall use a standard for the permanent placement services that is equal to the midpoint between the budgeting standards for family maintenance services and family reunification services.(3)(A)(i)Notwithstanding any other law, a countys required total contribution pursuant to paragraphs (1) and (2), excluding costs incurred pursuant to Section 10103.5, shall not exceed the amount of savings in Kin-GAP assistance grant expenditures realized by the county from the receipt of federal funds due to the implementation of Article 4.7 (commencing with Section 11385), and the amount of funding specifically included in the Protective Services Subaccount within the Support Services Account within the Local Revenue Fund 2011, plus any associated growth funding from the Support Services Growth Subaccount within the Sales and Use Tax Growth Account to pay the costs of extending aid pursuant to this section.(ii)A county, at its own discretion, may expend additional funds beyond the amounts identified in clause (i). These additional amounts shall not be included in any cost and savings calculations or comparisons performed pursuant to this section.(B)Beginning in the 201112 fiscal year, and for each fiscal year thereafter, funding and expenditures for programs and activities under this section shall be in accordance with the requirements provided in Sections 30025 and 30026.5 of the Government Code. In addition, the following are available to the counties for the purpose of funding costs pursuant to this section:(i)The savings in Kin-GAP assistance grant expenditures realized from the receipt of federal funds due to the implementation of Article 4.7 (commencing with Section 11385).(ii)The savings realized from the change in federal funding for adoption assistance resulting from the enactment of the federal Fostering Connections to Success and Increasing Adoptions Act of 2008 (Public Law 110-351) and consistent with subdivision (d) of Section 16118.(4)(A)The limit on the countys total contribution pursuant to paragraph (3) shall be assessed by the State Department of Social Services, in conjunction with the California State Association of Counties, in 201516, to determine if it shall be removed. The assessment of the need for the limit shall be based on a determination on a statewide basis of whether the actual county costs of providing extended care pursuant to this section, excluding costs incurred pursuant to Section 10103.5, are fully funded by the amount of savings in Kin-GAP assistance grant expenditures realized by the counties from the receipt of federal funds due to the implementation of Article 4.7 (commencing with Section 11385) and the amount of funding specifically included in the Protective Services Subaccount within the Support Services Account within the Local Revenue Fund 2011 plus any associated growth funding from the Support Services Growth Subaccount within the Sales and Use Tax Growth Account to pay the costs of extending aid pursuant to this section.(B)If the assessment pursuant to subparagraph (A) shows that the statewide total costs of extending aid pursuant to this section, excluding costs incurred pursuant to Section 10103.5, are fully funded by the amount of savings in Kin-GAP assistance grant expenditures realized by the counties from the receipt of federal funds due to the implementation of Article 4.7 (commencing with Section 11385) and the amount of funding specifically included in the Protective Services Subaccount within the Support Services Account within the Local Revenue Fund 2011 plus any associated growth funding from the Support Services Growth Subaccount within the Sales and Use Tax Growth Account to pay the costs of extending aid pursuant to this section, the Department of Finance shall certify that fact, in writing, and shall post the certification on its Internet Web site, at which time subparagraph (A) of paragraph (3) shall no longer be implemented.(h)It is the intent of the Legislature that a county currently participating in the Child Welfare Demonstration Capped Allocation Project not be adversely impacted by the departments exercise of its option to extend foster care benefits pursuant to Section 673(a)(4) and Section 675(8) of Title 42 of the United States Code in the federal Social Security Act, as contained in the federal Fostering Connections to Success and Increasing Adoptions Act of 2008 (Public Law 110-351). Therefore, the department shall negotiate with the United States Department of Health and Human Services on behalf of those counties that are currently participating in the demonstration project to ensure that those counties receive reimbursement for these new programs outside of the provisions of those counties waiver under Subtitle IV-E (commencing with Section 470) of the federal Social Security Act (42 U.S.C. Sec. 670 et seq.).(i)The department, on or before July 1, 2013, shall develop regulations to implement this section in consultation with concerned stakeholders, including, but not limited to, representatives of the Legislature, the County Welfare Directors Association, the Chief Probation Officers of California, the Judicial Council, representatives of Indian tribes, the California Youth Connection, former foster youth, child advocacy organizations, labor organizations, juvenile justice advocacy organizations, foster caregiver organizations, and researchers. In the development of these regulations, the department shall consider its Manual of Policy and Procedures, Division 30, Chapters 30-912, 913, 916, and 917, as guidelines for developing regulations that are appropriate for young adults who can exercise incremental responsibility concurrently with their growth and development. The department, in its consultation with stakeholders, shall take into consideration the impact to the automated Child Welfare Services Case Management System (CWS/CMS) and required modifications needed to accommodate eligibility determination under this section, benefit issuance, case management across counties, and recognition of the legal status of nonminor dependents as adults, as well as changes to data tracking and reporting requirements as required by the Child Welfare System Improvement and Accountability Act as specified in Section 10601.2, and federal outcome measures as required by the federal John H. Chafee Foster Care Independence Program (42 U.S.C. Sec. 677(f)). In addition, the department, in its consultation with stakeholders, shall define the supervised independent living setting which shall include, but not be limited to, apartment living, room and board arrangements, college or university dormitories, and shared roommate settings, and define how those settings meet health and safety standards suitable for nonminors. The department, in its consultation with stakeholders, shall define the six-month certification of the conditions of eligibility pursuant to subdivision (b) to be consistent with the flexibility provided by federal policy guidance, to ensure that there are ample supports for a nonminor to achieve the goals of his or her transition independent living case plan. The department, in its consultation with stakeholders, shall ensure that notices of action and other forms created to inform the nonminor of due process rights and how to access them shall be developed, using language consistent with the special needs of the nonminor dependent population.(j)Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department shall prepare for implementation of the applicable provisions of this section by publishing, after consultation with the stakeholders listed in subdivision (i), all-county letters or similar instructions from the director by October 1, 2011, to be effective January 1, 2012. Emergency regulations to implement the applicable provisions of this act may be adopted by the director in accordance with the Administrative Procedure Act. The initial adoption of the emergency regulations and one readoption of the emergency regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare. Initial emergency regulations and the first readoption of those emergency regulations shall be exempt from review by the Office of Administrative Law. The emergency regulations authorized by this section shall be submitted to the Office of Administrative Law for filing with the Secretary of State and shall remain in effect for no more than 180 days.SEC. 8.SEC. 6.To the extent that this act has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state or otherwise be subject to Section 6 of Article XIIIB of the California Constitution.
(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.
(b)(1)The court shall have within its jurisdiction any nonminor dependent, as defined in subdivision (v) of Section 11400. If the person is a nonminor dependent because he or she attained 18 years of age while under a foster care placement order, including an order vesting temporary placement and care with the county child welfare department pursuant to Section 319, at the next regularly scheduled court hearing, the court shall vacate that hearing and shall set the hearing described in subdivision (g) of Section 366.31 within 10 court days. (2)(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. If the court terminates dependency, delinquency, or transition jurisdiction, the nonminor dependent shall remain under the general jurisdiction of the court 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 assume or resume dependency jurisdiction over himself or herself or to assume transition jurisdiction over himself or herself 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 his or her 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 his or her 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. His or her adult decisionmaking authority may be limited by and subject to the care, supervision, custody, conduct, and maintenance orders as described in Section 727.
(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. 3.Section 356 of the Welfare and Institutions Code is amended to read:356.(a)After hearing the evidence, the court shall make a finding, noted in the minutes of the court, whether or not the minor is a person described by Section 300 and the specific subdivisions of Section 300 under which the petition is sustained. If it finds that the minor is not such a person, it shall order that the petition be dismissed and the minor be discharged from any detention or restriction theretofore ordered. If the court finds that the minor is such a person, it shall make and enter its findings and order accordingly.(b)If a timely appeal is taken, or other appellate relief sought, from any order dismissing a petition pursuant to subdivision (a) or Section 390, upon reversal of the order to dismiss the petition, the appellate court or the juvenile court may enter a subsequent order sustaining the petition in accordance with subdivision (a) notwithstanding that the minor has reached 18 years of age. If a court enters an order sustaining the petition pursuant to this subdivision, it shall be deemed effective as of the date of the order of dismissal from which the relief was granted.SEC. 4.Section 366.31 of the Welfare and Institutions Code is amended to read:366.31.(a)If a review hearing is the last review hearing to be held before the minor attains 18 years of age, the court shall ensure all of the following:(1)The minors case plan includes a plan for the minor to satisfy one or more of the participation conditions described in paragraphs (1) to (5), inclusive, of subdivision (b) of Section 11403, so that the minor is eligible to remain in foster care as a nonminor dependent.(2)The minor has been informed of his or her right to seek termination of dependency jurisdiction pursuant to Section 391, and understands the potential benefits of continued dependency.(3)The minor is informed of his or her right to have dependency reinstated pursuant to subdivision (e) of Section 388, and understands the potential benefits of continued dependency.(b)At the review hearing that occurs in the six-month period prior to the minors attaining 18 years of age, and at every subsequent review hearing for the nonminor dependent, as described in subdivision (v) of Section 11400, the report shall describe all of the following:(1)The minors and nonminors plans to remain in foster care and plans to meet one or more of the participation conditions as described in paragraphs (1) to (5), inclusive, of subdivision (b) of Section 11403 to continue to receive AFDC-FC benefits as a nonminor dependent.(2)The efforts made and assistance provided to the minor and nonminor by the social worker or the probation officer so that the minor and nonminor will be able to meet the participation conditions.(3)Efforts toward completing the items described in paragraph (2) of subdivision (e) of Section 391.(c)The reviews conducted pursuant to this section for a nonminor dependent shall be conducted in a manner that respects the nonminors status as a legal adult, focused on the goals and services described in the youths transitional independent living case plan, as described in subdivision (y) of Section 11400, including efforts made to maintain connections with caring and permanently committed adults, and attended, as appropriate, by additional participants invited by the nonminor dependent.(d)For a nonminor dependent whose case plan is continued court-ordered family reunification services pursuant to Section 361.6, the court shall consider whether the nonminor dependent may safely reside in the home of the parent or guardian. If the nonminor cannot reside safely in the home of the parent or guardian or if it is not in the nonminor dependents best interest to reside in the home of the parent or guardian, the court must consider whether to continue or terminate reunification services for the parent or legal guardian.(1)The review report shall include a discussion of all of the following:(A)Whether foster care placement continues to be necessary and appropriate.(B)The likely date by which the nonminor dependent may reside safely in the home of the parent or guardian or will achieve independence.(C)Whether the parent or guardian and nonminor dependent were actively involved in the development of the case plan.(D)Whether the social worker or probation officer has provided reasonable services designed to aid the parent or guardian to overcome the problems that led to the initial removal of the nonminor dependent.(E)The extent of progress the parents or guardian have made toward alleviating or mitigating the causes necessitating placement in foster care.(F)Whether the nonminor dependent and parent, parents, or guardian are in agreement with the continuation of reunification services.(G)Whether continued reunification services are in the best interest of the nonminor dependent.(H)Whether there is a substantial probability that the nonminor dependent will be able to safely reside in the home of the parent or guardian by the next review hearing date.(I)The efforts to maintain the nonminors connections with caring and permanently committed adults.(J)The agencys compliance with the nonminor dependents transitional independent living case plan, including efforts to finalize the nonminors permanent plan and prepare the nonminor dependent for independence.(K)The progress in providing the information and documents to the nonminor dependent as described in Section 391.(2)The court shall inquire about the progress being made to provide a permanent home for the nonminor, shall consider the safety of the nonminor dependent, and shall determine all of the following:(A)The continuing necessity for, and appropriateness of, the placement.(B)Whether the agency has made reasonable efforts to maintain relationships between the nonminor dependent and individuals who are important to the nonminor dependent.(C)The extent of the agencys compliance with the case plan in making reasonable efforts or, in the case of an Indian child, active efforts, as described in Section 361.7, to create a safe home of the parent or guardian for the nonminor to reside in or to complete whatever steps are necessary to finalize the permanent placement of the nonminor dependent.(D)The extent of the agencys compliance with the nonminor dependents transitional independent living case plan, including efforts to finalize the youths permanent plan and prepare the nonminor dependent for independence.(E)The adequacy of services provided to the parent or guardian and to the nonminor dependent. The court shall consider the progress in providing the information and documents to the nonminor dependent as described in Section 391. The court shall also consider the need for, and progress in providing, the assistance and services described in Section 391.(F)The extent of progress the parents or legal guardians have made toward alleviating or mitigating the causes necessitating placement in foster care.(G)The likely date by which the nonminor dependent may safely reside in the home of the parent or guardian or, if the court is terminating reunification services, the likely date by which it is anticipated the nonminor dependent will achieve independence, or, for an Indian child, in consultation with the childs tribe, placed for tribal customary adoption.(H)Whether the agency has made reasonable efforts as required in subparagraph (D) of paragraph (1) of subdivision (a) of Section 366 to establish or maintain the nonminor dependents relationship with his or her siblings who are under the juvenile courts jurisdiction.(I)The services needed to assist the nonminor dependent to make the transition from foster care to successful adulthood.(J)Whether or not reasonable efforts to make and finalize a permanent placement for the nonminor have been made.(3)If the court determines that a nonminor dependent may safely reside in the home of the parent or former guardian, the court may order the nonminor dependent to return to the family home. After the nonminor dependent returns to the family home, the court may terminate jurisdiction and proceed under applicable provisions of Section 391 or continue jurisdiction as a nonminor under subdivision (a) of Section 303 and hold hearings as follows:(A)At every hearing for a nonminor dependent residing in the home of the parent or guardian, the court shall set a hearing within six months of the previous hearing. The court shall advise the parties of their right to be present. At least 10 calendar days before the hearing, the social worker or probation officer shall file a report with the court describing the services offered to the family and the progress made by the family in eliminating the conditions or factors requiring court supervision. The report shall address all of the following:(i)Whether the parent or guardian and the nonminor dependent were actively involved in the development of the case plan.(ii)Whether the social worker or probation officer has provided reasonable services to eliminate the need for court supervision.(iii)The progress of providing information and documents to the nonminor dependent as described in Section 391.(B)The court shall inquire about progress being made, shall consider the safety of the nonminor dependent, and shall determine all of the following:(i)The continuing need for court supervision.(ii)The extent of the agencys compliance with the case plan in making reasonable efforts to maintain a safe family home for the nonminor dependent.(C)If the court finds that court supervision is no longer necessary, the court shall terminate jurisdiction under applicable provisions of Section 391.(e)For a nonminor dependent who is no longer receiving court-ordered family reunification services and is in a permanent plan of another planned permanent living arrangement, at the review hearing held every six months pursuant to subdivision (d) of Section 366.3, the reviewing body shall inquire about the progress being made to provide permanent connections with caring, committed adults for the nonminor dependent, shall consider the safety of the nonminor, shall consider the transitional independent living case plan, and shall determine all of the following:(1)The continuing necessity for, and appropriateness of, the placement.(2)The continuing appropriateness and extent of compliance with the permanent plan for the nonminor dependent, including efforts to identify and maintain relationships with individuals who are important to the nonminor dependent.(3)The extent of the agencys compliance with the nonminor dependents transitional independent living case plan, including whether or not reasonable efforts have been made to make and finalize the youths permanent plan and prepare the nonminor dependent for independence.(4)Whether a prospective adoptive parent has been identified and assessed as appropriate for the nonminor dependents adoption under this section, whether the prospective adoptive parent has been informed about the terms of the written negotiated adoption assistance agreement pursuant to Section 16120, and whether adoption should be ordered as the nonminor dependents permanent plan. If nonminor dependent adoption is ordered as the nonminor dependents permanent plan, a hearing pursuant to subdivision (f) shall be held within 60 days. When the court orders a hearing pursuant to subdivision (f), it shall direct the agency to prepare a report that shall include the provisions of paragraph (5) of subdivision (f).(5)For the nonminor dependent who is an Indian child, whether, in consultation with the nonminors tribe, the nonminor should be placed for tribal customary adoption.(6)The adequacy of services provided to the nonminor dependent. The court shall consider the progress in providing the information and documents to the nonminor dependent as described in Section 391. The court shall also consider the need for, and progress in providing, the assistance and services described in Section 391.(7)The likely date by which it is anticipated the nonminor dependent will achieve adoption or independence.(8)Whether the agency has made reasonable efforts as required in subparagraph (D) of paragraph (1) of subdivision (a) of Section 366 to establish or maintain the nonminor dependents relationship with his or her siblings who are under the juvenile courts jurisdiction.(9)The services needed to assist the nonminor dependent to make the transition from foster care to successful adulthood.(10)When the hearing described in this subdivision is held pursuant to paragraph (3) or (4) of subdivision (d) of Section 366.3, and the nonminor dependent has a permanent plan of another planned permanent living arrangement, the court shall do all of the following:(A)Ask the nonminor dependent about his or her desired permanency outcome.(B)Make a judicial determination explaining why, as of the hearing date, another planned permanent living arrangement is the best permanency plan for the nonminor dependent.(C)State for the record the compelling reason or reasons why it continues not to be in the best interest of the nonminor dependent to return home, be placed for adoption, be placed for tribal customary adoption in the case of an Indian child, be placed with a legal guardian, or be placed with a fit and willing relative.(f)(1)At a hearing to consider a permanent plan of adoption for a nonminor dependent, the court shall read and consider the report in paragraph (5) and receive other evidence that the parties may present. A copy of the executed negotiated agreement shall be attached to the report. If the court finds pursuant to this section that nonminor dependent adoption is the appropriate permanent plan, it shall make findings and orders to do the following:(A)Approve the adoption agreement and declare the nonminor dependent is the adopted child of the adoptive parent, and that the nonminor dependent and adoptive parents agree to assume toward each other the legal relationship of parents and child and to have all of the rights and be subject to all of the duties and responsibilities of that relationship.(B)Declare that the birth parents of the nonminor dependent are, from the time of the adoption, relieved of all parental duties toward, and responsibility for, the adopted nonminor dependent and have no rights over the adopted nonminor dependent.(2)If the court finds that the nonminor dependent and the prospective adoptive parent have mutually consented to the adoption, the court may enter the adoption order after it determines all of the following:(A)Whether the notice was given as required by law.(B)Whether the nonminor dependent and prospective adoptive parent are present for the hearing.(C)Whether the court has read and considered the assessment prepared by the social worker or probation officer.(D)Whether the court considered the wishes of the nonminor dependent.(E)If the nonminor dependent is eligible, the prospective adoptive parent has signed the negotiated adoption assistance agreement pursuant to subdivision (g) of Section 16120, and whether a copy of the executed negotiated agreement is attached to the report.(F)Whether the adoption is in the best interest of the nonminor dependent.(3)If the court orders the establishment of the nonminor dependent adoption, it shall dismiss dependency or transitional jurisdiction.(4)If the court does not order the establishment of the nonminor dependent adoption, the nonminor dependent shall remain in a planned permanent living arrangement subject to periodic review of the juvenile court pursuant to this section.(5)At least 10 calendar days before the hearing, the social worker or probation officer shall file a report with the court and provide a copy of the report to all parties. The report shall describe the following:(A)Whether or not the nonminor dependent has any developmental disability and whether the proposed adoptive parent is suitable to meet the needs of the nonminor dependent.(B)The length and nature of the relationship between the prospective adoptive parent and the nonminor dependent, including whether the prospective adoptive parent has been determined to have been established as the nonminors permanent connection.(C)Whether the nonminor dependent has been determined to be eligible for the adoption assistance program and, if so, whether the prospective adoptive parent has signed the negotiated adoption assistance agreement pursuant to subdivision (g) of Section 16120.(D)Whether a copy of the executed negotiated agreement is attached to the report.(E)Whether criminal background clearances were completed for the prospective adoptive parent as required by Section 671(a)(20)(A) and (a)(20)(C) of Title 42 of the United States Code.(F)Whether the prospective adoptive parent who is married and not legally separated from that spouse has the consent of the spouse, provided that the spouse is capable of giving that consent.(G)Whether the adoption of the nonminor dependent is in the best interests of the nonminor dependent and the prospective adoptive parent.(H)Whether the nonminor dependent and the prospective adoptive parent have mutually consented to the adoption.(6)The social worker or probation officer shall serve written notice of the hearing in the manner and to the persons set forth in Section 295, including the prospective adoptive parent or parents, except that notice to the nonminors birth parents is not required.(7)Nothing in this section shall prevent a nonminor dependent from filing an adoption petition pursuant to Section 9300 of the Family Code.(g)If this is the first hearing for a nonminor dependent who attained 18 years of age while under a foster care placement order vesting temporary placement and care with the county child welfare department pursuant to Section 319, the court shall do all of the following:(1)Determine whether it is in the nonminor dependents best interest to remain in foster care.(2)Order that the nonminor dependents placement and care is the responsibility of the county child welfare services department.(3)Determine whether the nonminor dependent intends to satisfy at least one of eligibility criteria specified in Section 11403.(A)If the nonminor dependent intends to satisfy at least one of the eligibility criteria specified in Section 11403, set a review hearing under this section within six months.(B)If the nonminor dependant does not intend to satisfy at least one of the eligibility criteria in Section 11403, set a hearing under Section 391. (h)Each licensed foster family agency shall submit reports for each nonminor dependent in its care to the court concerning the continuing appropriateness and extent of compliance with the nonminor dependents permanent plan, the extent of compliance with the transitional independent living case plan, and the type and adequacy of services provided to the nonminor dependent. The report shall document that the nonminor has received all the information and documentation described in paragraph (2) of subdivision (e) of Section 391. If the court is considering terminating dependency jurisdiction for a nonminor dependent it shall first hold a hearing pursuant to Section 391.(i)When the nonminor dependent is in another planned permanent living arrangement, the social study prepared for the hearing held under subdivision (e) shall include a description of all of the following:(1)The intensive and ongoing efforts to return the nonminor dependent to the home of the parent, place the nonminor dependent for adoption, or place the nonminor dependent with a fit and willing relative, as appropriate.(2)The steps taken to do both of the following:(A)Ensure that the nonminor dependents care provider is following the reasonable and prudent parent standard.(B)Determine whether the nonminor dependent has regular, ongoing opportunities to engage in age or developmentally appropriate activities, including consulting with the nonminor dependent about opportunities for the nonminor dependent to participate in those activities.SEC. 5.SEC. 2.Section 388 of the Welfare and Institutions Code is amended to read:388.(a)(1)Any parent or other person having an interest in a child who is a dependent child of the juvenile court or a nonminor dependent as defined in subdivision (v) of Section 11400, or the child himself or herself or the nonminor dependent through a properly appointed guardian may, upon grounds of change of circumstance or new evidence, petition the court in the same action in which the child was found to be a dependent child of the juvenile court or in which a guardianship was ordered pursuant to Section 360 for a hearing to change, modify, or set aside any order of court previously made or to terminate the jurisdiction of the court. The petition shall be verified and, if made by a person other than the child or the nonminor dependent shall state the petitioners relationship to or interest in the child or the nonminor dependent and shall set forth in concise language any change of circumstance or new evidence that is alleged to require the change of order or termination of jurisdiction.
(2)When any party, including a child who is a dependent of the juvenile court, petitions the court prior to an order terminating parental rights, to modify the order that reunification services were not needed pursuant to paragraphs (4), (5), and (6) of subdivision (b) of Section 361.5, or to modify any orders related to custody or visitation of the subject child, and the court orders a hearing pursuant to subdivision (d), the court shall modify the order that reunification services were not needed pursuant to paragraphs (4), (5), and (6) of subdivision (b) of Section 361.5, or any orders related to the custody or visitation of the child for whom reunification services were not ordered pursuant to paragraphs (4), (5), and (6) of subdivision (b) of Section 361.5, only if the court finds by clear and convincing evidence that the proposed change is in the best interests of the child.
(b)(1)Any person, including a child or a nonminor dependent who is a dependent of the juvenile court, may petition the court to assert a relationship as a sibling related by blood, adoption, or affinity through a common legal or biological parent to a child who is, or is the subject of a petition for adjudication as, a dependent of the juvenile court, and may request visitation with the dependent child, placement with or near the dependent child, or consideration when determining or implementing a case plan or permanent plan for the dependent child or make any other request for an order which may be shown to be in the best interest of the dependent child.
(2)A child or nonminor dependent who is a dependent of the juvenile court may petition the court to assert a relationship as a sibling related by blood, adoption, or affinity through a common legal or biological parent to a child who is in the physical custody of a common legal or biological parent, and may request visitation with the nondependent sibling in parental custody.
(3)Pursuant to subdivision (b) of Section 16002, a request for sibling visitation may be granted unless it is determined by the court that sibling visitation is contrary to the safety and well-being of any of the siblings.
(4)The court may appoint a guardian ad litem to file the petition for a dependent child asserting a sibling relationship pursuant to this subdivision if the court determines that the appointment is necessary for the best interests of the dependent child. The petition shall be verified and shall set forth the following:
(A)Through which parent he or she is related to the sibling.
(B)Whether he or she is related to the sibling by blood, adoption, or affinity.
(C)The request or order that the petitioner is seeking.
(D)Why that request or order is in the best interest of the dependent child.
(c)(1)Any party, including a child who is a dependent of the juvenile court, may petition the court, prior to the hearing set pursuant to subdivision (f) of Section 366.21 for a child described by subparagraph (A) of paragraph (1) of subdivision (a) of Section 361.5, or prior to the hearing set pursuant to subdivision (e) of Section 366.21 for a child described by subparagraph (B) or (C) of paragraph (1) of subdivision (a) of Section 361.5, to terminate court-ordered reunification services provided under subdivision (a) of Section 361.5 only if one of the following conditions exists:
(A)It appears that a change of circumstance or new evidence exists that satisfies a condition set forth in subdivision (b) or (e) of Section 361.5 justifying termination of court-ordered reunification services.
(B)The action or inaction of the parent or guardian creates a substantial likelihood that reunification will not occur, including, but not limited to, the parents or guardians failure to visit the child, or the failure of the parent or guardian to participate regularly and make substantive progress in a court-ordered treatment plan.
(2)In determining whether the parent or guardian has failed to visit the child or participate regularly or make progress in the treatment plan, the court shall consider factors that include but are not limited to, the parents or guardians incarceration, institutionalization, detention by the United States Department of Homeland Security, deportation, or participation in a court-ordered residential substance abuse treatment program.
(3)The court shall terminate reunification services during the above-described time periods only upon a finding by a preponderance of evidence that reasonable services have been offered or provided, and upon a finding of clear and convincing evidence that one of the conditions in subparagraph (A) or (B) of paragraph (1) exists.
(4)Any party, including a nonminor dependent, as defined in subdivision (v) of Section 11400, may petition the court prior to the review hearing set pursuant to subdivision (d) of Section 366.31 to terminate the continuation of court-ordered family reunification services for a nonminor dependent who has attained 18 years of age. The court shall terminate family reunification services to the parent or guardian if the nonminor dependent or parent or guardian are not in agreement that the continued provision of court-ordered family reunification services is in the best interests of the nonminor dependent.
(5)If the court terminates reunification services, it shall order that a hearing pursuant to Section 366.26 be held within 120 days. On and after January 1, 2012, a hearing pursuant to Section 366.26 shall not be ordered if the child is a nonminor dependent. The court may order a nonminor dependent who is otherwise eligible to AFDC-FC benefits pursuant to Section 11403 to remain in a planned, permanent living arrangement.
(d)If it appears that the best interests of the child or the nonminor dependent may be promoted by the proposed change of order, modification of reunification services, custody, or visitation orders concerning a child for whom reunification services were not ordered pursuant to paragraphs (4), (5), and (6) of subdivision (b) of Section 361.5, recognition of a sibling relationship, termination of jurisdiction, or clear and convincing evidence supports revocation or termination of court-ordered reunification services, the court shall order that a hearing be held and shall give prior notice, or cause prior notice to be given, to the persons and in the manner prescribed by Section 386, and, in those instances in which the manner of giving notice is not prescribed by those sections, then in the manner the court prescribes.
(e)(1)(A)Either of the following individuals or entities may petition the court in the same action in which the child was found to be a dependent or delinquent child of the juvenile court, or in which the court issued an order vesting temporary placement and care with the county child welfare department pursuant to Section 319, for a hearing to assume or resume dependency jurisdiction over a former dependent or to assume or resume transition jurisdiction over a former delinquent ward pursuant to Section 450:(i)A nonminor who attained 18 years of age while under a foster care placement order, including an order vesting temporary placement and care with the county child welfare department pursuant to Section 319, and has not attained 21 years of age.(ii)The county child welfare services, probation department, or tribal placing agency on behalf of the nonminor.(B)The petition shall be filed within the period that the nonminor is of the age described in this paragraph. If the nonminor has completed the voluntary reentry agreement, as described in subdivision (z) of Section 11400, with the placing agency, the agency shall file the petition on behalf of the nonminor within 15 judicial days of the date the agreement was signed unless the nonminor elects to file the petition at an earlier date.(e)(1)(A)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, or as described in Section 10103.5, for whom the court has dismissed dependency jurisdiction pursuant to Section 391, or delinquency jurisdiction pursuant to Section 607.2, or transition jurisdiction pursuant to Section 452, but has retained general jurisdiction under subdivision (b) of Section 303, or the county child welfare services, probation department, or tribal placing agency on behalf of the nonminor, may petition the court in the same action in which the child was found to be a dependent or delinquent child of the juvenile 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 pursuant to Section 450. The petition shall be filed within the period that the nonminor is of the age described in this paragraph. If the nonminor has completed the voluntary reentry agreement, as described in subdivision (z) of Section 11400, with the placing agency, the agency shall file the petition on behalf of the nonminor within 15 judicial days of the date the agreement was signed unless the nonminor elects to file the petition at an earlier date.
(C)(B)The petition may be brought notwithstanding a court order vacating the underlying adjudication pursuant to Section 236.14 of the Penal Code.
(2)(A)The petition to resume jurisdiction may be filed in the juvenile court that retains general jurisdiction under subdivision (b) of Section 303, or the petition may be submitted to the juvenile court in the county where the youth resides and forwarded to the juvenile court that retained general jurisdiction and filed with that court. The juvenile court having general jurisdiction under Section 303 shall receive the petition from the court where the petition was submitted within five court days of its submission, if the petition is filed in the county of residence. The juvenile court that retained general jurisdiction shall order that a hearing be held within 15 judicial days of the date the petition was filed if there is a prima facie showing that the nonminor satisfies the following criteria:
(i)He or she was previously under juvenile court jurisdiction, under a foster care placement order, including an order vesting temporary placement and care with the county child welfare department pursuant to Section 319, subject to an order for foster care placement when he or she attained 18 years of age, and has not attained 21 years of age.
(ii)He or she intends to satisfy at least one of the conditions set forth in paragraphs (1) to (5), inclusive, of subdivision (b) of Section 11403.
(iii)He or she wants assistance either in maintaining or securing appropriate supervised placement, or is in need of immediate placement and agrees to supervised placement pursuant to the voluntary reentry agreement as described in subdivision (z) of Section 11400.
(B)Upon ordering a hearing, the court shall give prior notice, or cause prior notice to be given, to the persons and by the means prescribed by Section 386, except that notice to parents or former guardians shall not be provided unless the nonminor requests, in writing on the face of the petition, notice to the parents or former guardians.
(3)The Judicial Council, by January 1, 2012, shall adopt rules of court to allow for telephonic appearances by nonminor former dependents or delinquents in these proceedings, and for telephonic appearances by nonminor dependents in any proceeding in which the nonminor dependent is a party, and he or she declines to appear and elects a telephonic appearance.
(4)Prior to the hearing on a petition to assume or resume dependency jurisdiction or to assume or resume transition jurisdiction, the court shall order the county child welfare or probation department to prepare a report for the court addressing whether the nonminor intends to satisfy at least one of the criteria set forth in subdivision (b) of Section 11403. When the recommendation is for the nonminor dependent to be placed in a setting where minor dependents also reside, the results of a background check of the petitioning nonminor conducted pursuant to Section 16504.5, may be used by the placing agency to determine appropriate placement options for the nonminor. The existence of a criminal conviction is not a bar to eligibility for reentry or resumption of dependency jurisdiction or the assumption or resumption of transition jurisdiction over a nonminor.
(5)(A)The court shall assume or resume dependency jurisdiction over a former dependent or assume or resume transition jurisdiction over a former delinquent ward pursuant to Section 450, and order that the nonminors placement and care be under the responsibility of the county child welfare services department, the probation department, tribe, consortium of tribes, or tribal organization, if the court finds all of the following:
(i)The nonminor was previously under juvenile court jurisdiction, under a subject to an order for foster care placement order, including an order vesting temporary placement and care with the county child welfare department pursuant to Section 319, when he or she attained 18 years of age.
(ii)The nonminor has not attained 21 years of age.
(iii)Reentry and remaining in foster care are in the nonminors best interests.
(iv)The nonminor intends to satisfy, and agrees to satisfy, at least one of the criteria set forth in paragraphs (1) to (5), inclusive, of subdivision (b) of Section 11403, and demonstrates his or her agreement to placement in a supervised setting under the placement and care responsibility of the placing agency and to satisfy the criteria by signing the voluntary reentry agreement as described in subdivision (z) of Section 11400.
(B)In no event shall the court grant a continuance that would cause the hearing to assume or resume dependency jurisdiction or to assume or resume transition jurisdiction to be completed more than 120 days after the date the petition was filed.
(C)The agency made responsible for the nonminors placement and care pursuant to subparagraph (A) shall prepare a new transitional independent living case plan within 60 calendar days from the date the nonminor signed the voluntary reentry agreement as described in subdivision (z) of Section 11400 and submit it to the court for the review hearing under Section 366.31, to be held within 70 days of the assumption or resumption of dependency jurisdiction or assumption or resumption of transition jurisdiction. In no event shall the review hearing under Section 366.3 be held more than 170 calendar days from the date the nonminor signed the voluntary reentry agreement.
SEC. 6.SEC. 3.Section 388.1 of the Welfare and Institutions Code is amended to read:388.1.(a)On and after January 1, 2014, a nonminor who has not attained 21 years of age may petition the court in which he or she was previously found to be a dependent or delinquent child of the juvenile court for a hearing to determine whether to assume dependency jurisdiction over the nonminor, if he or she meets any of the following descriptions:
(1)He or she is a nonminor former dependent, as defined in subdivision (aa) of Section 11400, who received, or was eligible to receive, aid after attaining 18 years of age under Kin-GAP pursuant to Article 4.5 (commencing with Section 11360) or Article 4.7 (commencing with Section 11385) of Chapter 2 of Part 3 of Division 9, or pursuant to subdivision (e) of Section 11405, and whose former guardian or guardians died after the nonminor attained 18 years of age, but before he or she attains 21 years of age.
(2)He or she is a nonminor former dependent, as defined in subdivision (aa) of Section 11400, who received, or was eligible to receive, aid after attaining 18 years of age under Kin-GAP pursuant to Article 4.5 (commencing with Section 11360) or Article 4.7 (commencing with Section 11385) of Chapter 2 of Part 3 of Division 9, or pursuant to subdivision (e) of Section 11405, and whose former guardian or guardians no longer provide ongoing support to the nonminor after the nonminor attained 18 years of age, but before he or she attains 21 years of age.
(3)He or she is a nonminor who received, or was eligible to receive, adoption assistance payments after attaining 18 years of age pursuant to Chapter 2.1 (commencing with Section 16115) of Part 4 of Division 9 and his or her adoptive parent or parents died after the nonminor attained 18 years of age, but before he or she attains 21 years of age.
(4)He or she is a nonminor who received, or was eligible to receive, adoption assistance payments after attaining 18 years of age pursuant to Chapter 2.1 (commencing with Section 16115) of Part 4 of Division 9 and his or her adoptive parent or parents no longer provide ongoing support to the nonminor after the nonminor attained 18 years of age, but before he or she attains 21 years of age.
(b)(1)The petition to assume jurisdiction may be filed in either of the following:
(A)The juvenile court that established the guardianship pursuant to Section 360, Section 366.26, or subdivision (d) of Section 728.
(B)The juvenile court that had jurisdiction over the minor or nonminor dependent when his or her adoption was finalized.
(2)A nonminor described in subdivision (a) may submit a petition to assume dependency jurisdiction to the juvenile court in the county where he or she resides. A petition submitted pursuant to this paragraph shall, within five days of submission, be forwarded to the court that had jurisdiction over the child at the time of the guardianship or adoption. The clerk of the court that had jurisdiction over the child at the time of the guardianship or adoption shall file the petition within one judicial day of receipt.
(c)(1)The juvenile court in which the petition was filed shall order a hearing to be held within 15 judicial days of the date the petition was filed if there is a prima facie showing that the nonminor satisfies all of the following criteria:
(A)He or she was a minor under juvenile court jurisdiction at the time of the establishment of a guardianship pursuant to Section 360, Section 366.26, or subdivision (d) of Section 728, or he or she was a minor or nonminor dependent when his or her adoption was finalized.
(B)(i)His or her guardian or guardians, or adoptive parent or parents, as applicable, died after the nonminor attained 18 years of age, but before he or she attained 21 years of age.
(ii)His or her guardian or guardians, or adoptive parent or parents, as applicable, no longer provide ongoing support to the nonminor after the nonminor attained 18 years of age, but before he or she attained 21 years of age, and it may be in the nonminors best interest for the court to assume dependency jurisdiction.
(C)He or she intends to satisfy at least one of the conditions set forth in paragraphs (1) to (5), inclusive, of subdivision (b) of Section 11403.
(D)He or she is requesting assistance in maintaining or securing appropriate supervised placement, or needs immediate placement and agrees to supervised placement pursuant to the voluntary reentry agreement described in subdivision (z) of Section 11400.
(2)Upon ordering a hearing, the court shall give notice, at least three days before the hearing, to the nonminor, the appropriate child welfare agency or probation department, the nonminors adoptive parent or parents, the nonminors guardian or guardians, and any other person requested by the nonminor in the petition.
(3)Pursuant to applicable rules of court, the juvenile court shall allow for telephonic appearances by the nonminor in these proceedings and in any proceeding in which the nonminor dependent is a party.
(4)Prior to the hearing, the court shall order the county child welfare or probation department to prepare a report for the court that addresses both of the following:
(A)The nonminors plans to satisfy at least one of the criteria set forth in paragraphs (1) to (5), inclusive, of subdivision (b) of Section 11403.
(B)The appropriate placement setting for the nonminor. When the recommendation is for the nonminor to be placed in a setting where minor dependents also reside, the results of a background check of the petitioning nonminor conducted pursuant to Section 16504.5 may be used by the placing agency to determine appropriate placement options for him or her.
(5)The court shall assume dependency jurisdiction over a former dependent or ward, and order his or her placement and care be under the responsibility of the county child welfare services department, the probation department, tribe, consortium of tribes, or tribal organization, if the court finds all of the following:
(A)The nonminor was a minor under juvenile court jurisdiction at the time of the establishment of a guardianship pursuant to Section 360, Section 366.26, or subdivision (d) of Section 728, or he or she was a dependent at the time his or her adoption was finalized.
(B)The nonminors guardian or guardians, or adoptive parent or parents, as applicable, have died, or no longer provide ongoing support to the nonminor, and it is in the nonminors best interests for the court to assume dependency jurisdiction.
(C)The nonminor has not attained 21 years of age.
(D)Reentry and remaining in foster care are in the nonminors best interests.
(E)The nonminor intends to satisfy, and agrees to satisfy, at least one of the criteria set forth in paragraphs (1) to (5), inclusive, of subdivision (b) of Section 11403, and demonstrates his or her agreement to placement in a supervised setting under the placement and care responsibility of the placing agency by signing the voluntary reentry agreement described in subdivision (z) of Section 11400.
(6)The existence of a criminal conviction is not a bar to eligibility for reentry to foster care or assumption of dependency jurisdiction over a nonminor.
(7)The court shall not grant a continuance that would cause the hearing to be completed more than 120 days after the date the petition is filed.
(d)The agency made responsible for the nonminors placement and care pursuant to paragraph (5) of subdivision (c) shall prepare a new transitional independent living case plan within 60 calendar days of the date the nonminor signs the voluntary reentry agreement and shall submit the plan to the court for the review hearing specified in Section 366.31, to be held within 70 days of the assumption of dependency jurisdiction. The review hearing under Section 366.31 shall not be held more than 170 calendar days from the date the nonminor signs the voluntary reentry agreement.
(e)(1) A nonminor described in subdivision (a) may enter into a voluntary reentry agreement as defined in subdivision (z) of Section 11400 in order to establish eligibility for foster care benefits under subdivision (e) of Section 11401 before or after filing a petition to assume dependency jurisdiction, if the nonminors guardian or guardians, or adoptive parent or parents, as applicable, have died or are no longer providing ongoing support. If the nonminor enters into a voluntary reentry agreement prior to filing the petition, the nonminor is entitled to placement and supervision pending the courts assumption of jurisdiction.
(2)If the nonminor completes a voluntary reentry agreement with a placing agency, the placing agency shall file the petition to assume dependency jurisdiction on behalf of the nonminor within 15 judicial days of the date the agreement is signed, unless the nonminor elects to file the petition at an earlier date.
SEC. 7.SEC. 4.Section 450 of the Welfare and Institutions Code is amended to read:450.(a)A minor or nonminor who satisfies all of the following criteria is within the transition jurisdiction of the juvenile court:
(1)(A)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.
(B)The minor or nonminor met or would meet the criteria in subparagraph (A), but for the fact that the underlying adjudication was vacated pursuant to Section 236.14 of the Penal Code, and he or she has not attained 21 years of age.
(2)The ward meets any of the following conditions:
(A)The ward was removed from the physical custody of his or her parents or legal guardian, adjudged to be a ward of the juvenile court under Section 725, and ordered into foster care placement as a ward.
(B)The ward was removed from the custody of his or her parents or legal guardian as a dependent of the court with an order for foster care placement as a dependent in effect at the time the court adjudged him or her to be a ward of the juvenile court under Section 725.
(C)The minor or nonminor met or would meet the conditions described in subparagraph (A) or (B), but for the fact that the underlying adjudication was vacated pursuant to Section 236.14 of the Penal Code, and he or she has not attained 21 years of age.
(3)The rehabilitative goals of the minor or nonminor, as set forth in the case plan, have been met, and juvenile court jurisdiction over the minor or nonminor as a ward is no longer required, or the underlying adjudication was vacated pursuant to Section 236.14 of the Penal Code.
(4)(A)If the ward is a minor, reunification services have been terminated; the matter has not been set for a hearing for termination of parental rights pursuant to Section 727.3 or for the establishment of guardianship pursuant to Section 728; the return of the child to the physical custody of the parents or legal guardian would create a substantial risk of detriment to the childs safety, protection, or physical or emotional well-being; and the minor has indicated an intent to sign a mutual agreement, as described in subdivision (u) of Section 11400, with the responsible agency for placement in a supervised setting as a nonminor dependent.
(B)If the ward is a nonminor, he or she has signed a mutual agreement, as described in subdivision (u) of Section 11400, with the responsible agency for placement in a supervised setting as a nonminor dependent or has signed a voluntary reentry agreement, as described in subdivision (z) of Section 11400 for placement in a supervised setting as a nonminor dependent. A runaway and homeless youth shelter licensed by the State Department of Social Services pursuant to Section 1502.35 of the Health and Safety Code shall not be a placement option pursuant to this section.
(b)A minor who is subject to the courts transition jurisdiction shall be referred to as a transition dependent.
(c)A youth subject to the courts transition jurisdiction who is 18 years of age or older shall be referred to as a nonminor dependent.
SEC. 8.SEC. 5.Section 451 of the Welfare and Institutions Code is amended to read:451.(a)At a hearing during which termination of jurisdiction over a ward is considered, the court may, as an alternative to termination of jurisdiction, modify its order of jurisdiction and assume transition jurisdiction over the ward pursuant to Section 450. The court may also assume transition jurisdiction over a ward, transition dependent, or nonminor dependent whose underlying adjudication is vacated pursuant to Section 236.14 of the Penal Code.
(b)A minor or a nonminor who is subject to the courts transition jurisdiction shall not be subject to any terms or conditions of probation, and his or her case shall be managed as a dependent child of the court or as a nonminor dependent of the court.
(c)Each county shall modify its protocol for Section 241.1 to include a provision to determine whether the child welfare services department or the probation department shall supervise persons subject to the courts transition jurisdiction, including persons who obtained a court order vacating the underlying adjudication pursuant to Section 236.14 of the Penal Code. For a minor, this supervision shall comply with the requirements and procedures set forth in this code for dependent children. For a nonminor, this supervision shall comply with the provisions set forth in this code that specifically apply to nonminor dependents.
(d)The court shall appoint counsel, pursuant to Section 317, for minors and nonminors subject to the courts transition jurisdiction. The court shall, to the extent feasible given local court circumstances, provide for continuity of representation for the minor or nonminor from delinquency jurisdiction to transition jurisdiction pursuant to Section 450 by the attorney appointed to represent the minor or nonminor pursuant to Section 634.
SEC. 9.Section 11400 of the Welfare and Institutions Code is amended to read:11400.For purposes of this article, the following definitions shall apply:(a)Aid to Families with Dependent Children-Foster Care (AFDC-FC) means the aid provided on behalf of needy children in foster care under the terms of this division.(b)Case plan means a written document that, at a minimum, specifies the type of home in which the child shall be placed, the safety of that home, and the appropriateness of that home to meet the childs needs. It shall also include the agencys plan for ensuring that the child receive proper care and protection in a safe environment, and shall set forth the appropriate services to be provided to the child, the childs family, and the foster parents, in order to meet the childs needs while in foster care, and to reunify the child with the childs family. In addition, the plan shall specify the services that will be provided or steps that will be taken to facilitate an alternate permanent plan if reunification is not possible.(c)Certified family home means an individual or family certified by a licensed foster family agency and issued a certificate of approval by that agency as meeting licensing standards, and used exclusively by that foster family agency for placements.(d)Family home means the family residence of a licensee in which 24-hour care and supervision are provided for children.(e)Small family home means any residential facility, in the licensees family residence, which provides 24-hour care for six or fewer foster children who have mental disorders or developmental or physical disabilities and who require special care and supervision as a result of their disabilities.(f)Foster care means the 24-hour out-of-home care provided to children whose own families are unable or unwilling to care for them, and who are in need of temporary or long-term substitute parenting.(g)Foster family agency means a licensed community care facility, as defined in paragraph (4) of subdivision (a) of Section 1502 of the Health and Safety Code. Private foster family agencies shall be organized and operated on a nonprofit basis.(h)Group home means a nondetention privately operated residential home, organized and operated on a nonprofit basis only, of any capacity, or a nondetention licensed residential care home operated by the County of San Mateo with a capacity of up to 25 beds, that accepts children in need of care and supervision in a group home, as defined by paragraph (13) of subdivision (a) of Section 1502 of the Health and Safety Code.(i)Periodic review means review of a childs status by the juvenile court or by an administrative review panel, that shall include a consideration of the safety of the child, a determination of the continuing need for placement in foster care, evaluation of the goals for the placement and the progress toward meeting these goals, and development of a target date for the childs return home or establishment of alternative permanent placement.(j)Permanency planning hearing means a hearing conducted by the juvenile court in which the childs future status, including whether the child shall be returned home or another permanent plan shall be developed, is determined.(k)Placement and care refers to the responsibility for the welfare of a child vested in an agency or organization by virtue of the agency or organization having (1) been delegated care, custody, and control of a child by the juvenile court, (2) taken responsibility, pursuant to a relinquishment or termination of parental rights on a child, (3) taken the responsibility of supervising a child detained by the juvenile court pursuant to Section 319 or 636, or (4) signed a voluntary placement agreement for the childs placement; or to the responsibility designated to an individual by virtue of his or her being appointed the childs legal guardian.(l)Preplacement preventive services means services that are designed to help children remain with their families by preventing or eliminating the need for removal.(m)Relative means an adult who is related to the child by blood, adoption, or affinity within the fifth degree of kinship, including stepparents, stepsiblings, and all relatives whose status is preceded by the words great, great-great, or grand or the spouse of any of these persons even if the marriage was terminated by death or dissolution.(n)Nonrelative extended family member means an adult caregiver who has an established familial or mentoring relationship with the child, as described in Section 362.7.(o)Voluntary placement means an out-of-home placement of a child by (1) the county welfare department, probation department, or Indian tribe that has entered into an agreement pursuant to Section 10553.1, after the parents or guardians have requested the assistance of the county welfare department and have signed a voluntary placement agreement; or (2) the county welfare department licensed public or private adoption agency, or the department acting as an adoption agency, after the parents have requested the assistance of either the county welfare department, the licensed public or private adoption agency, or the department acting as an adoption agency for the purpose of adoption planning, and have signed a voluntary placement agreement.(p)Voluntary placement agreement means a written agreement between either the county welfare department, probation department, or Indian tribe that has entered into an agreement pursuant to Section 10553.1, licensed public or private adoption agency, or the department acting as an adoption agency, and the parents or guardians of a child that specifies, at a minimum, the following:(1)The legal status of the child.(2)The rights and obligations of the parents or guardians, the child, and the agency in which the child is placed.(q)Original placement date means the most recent date on which the court detained a child and ordered an agency to be responsible for supervising the child or the date on which an agency assumed responsibility for a child due to termination of parental rights, relinquishment, or voluntary placement.(r)(1)Transitional housing placement provider means an organization licensed by the State Department of Social Services pursuant to Section 1559.110 of the Health and Safety Code, to provide transitional housing to foster children at least 16 years of age and not more than 18 years of age, and nonminor dependents, as defined in subdivision (v). A transitional housing placement provider shall be privately operated and organized on a nonprofit basis.(2)Prior to licensure, a provider shall obtain certification from the applicable county, in accordance with Section 16522.1.(s)Transitional Housing Program-Plus means a provider certified by the applicable county, in accordance with subdivision (c) of Section 16522, to provide transitional housing services to former foster youth who have exited the foster care system on or after their 18th birthday.(t)Whole family foster home means a new or existing family home, approved relative caregiver or nonrelative extended family members home, the home of a nonrelated legal guardian whose guardianship was established pursuant to Section 360 or 366.26, certified family home, or a host family home placement of a transitional housing placement provider, that provides foster care for a minor or nonminor dependent parent and his or her child, and is specifically recruited and trained to assist the minor or nonminor dependent parent in developing the skills necessary to provide a safe, stable, and permanent home for his or her child. The child of the minor or nonminor dependent parent need not be the subject of a petition filed pursuant to Section 300 to qualify for placement in a whole family foster home.(u)Mutual agreement means any of the following:(1)A written voluntary agreement of consent for continued placement and care in a supervised setting between a minor or, on and after January 1, 2012, a nonminor dependent, and the county welfare services or probation department or tribal agency responsible for the foster care placement, that documents the nonminors continued willingness to remain in supervised out-of-home placement under the placement and care of the responsible county, tribe, consortium of tribes, or tribal organization that has entered into an agreement with the state pursuant to Section 10553.1, remain under the jurisdiction of the juvenile court as a nonminor dependent, and report any change of circumstances relevant to continued eligibility for foster care payments, and that documents the nonminors and social workers or probation officers agreement to work together to facilitate implementation of the mutually developed supervised placement agreement and transitional independent living case plan.(2)An agreement, as described in paragraph (1), between a nonminor former dependent or ward in receipt of Kin-GAP payments under Article 4.5 (commencing with Section 11360) or Article 4.7 (commencing with Section 11385), and the agency responsible for the Kin-GAP benefits, provided that the nonminor former dependent or ward satisfies the conditions described in Section 11403.01, or one or more of the conditions described in paragraphs (1) to (5), inclusive, of subdivision (b) of Section 11403. For purposes of this paragraph and paragraph (3), nonminor former dependent or ward has the same meaning as described in subdivision (aa).(3)An agreement, as described in paragraph (1), between a nonminor former dependent or ward in receipt of AFDC-FC payments under subdivision (e) or (f) of Section 11405 and the agency responsible for the AFDC-FC benefits, provided that the nonminor former dependent or ward described in subdivision (e) of Section 11405 satisfies one or more of the conditions described in paragraphs (1) to (5), inclusive, of subdivision (b) of Section 11403, and the nonminor described in subdivision (f) of Section 11405 satisfies the secondary school or equivalent training or certificate program conditions described in that subdivision.(v)Nonminor dependent means a foster child, as described in Section 675(8)(B) of Title 42 of the United States Code under the federal Social Security Act 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, as described in Section 450, or is a nonminor subject to an order vesting temporary placement and care with the county child welfare department pursuant to Section 319, and who satisfies all of the following criteria:(1)He or she has attained 18 years of age while under an order for foster care placement by the juvenile court, including an order vesting temporary placement and care with the county child welfare department pursuant to Section 319.(2)He or she is in foster care under the placement and care responsibility of the county welfare department, county probation department, Indian tribe, consortium of tribes, or tribal organization that entered into an agreement pursuant to Section 10553.1.(3)He or she has a transitional independent living case plan pursuant to Section 475(8) of the federal Social Security Act (42 U.S.C. Sec. 675(8)), as contained in the federal Fostering Connections to Success and Increasing Adoptions Act of 2008 (Public Law 110-351), as described in Section 11403, or, if the person attained 18 years of age while subject to an order vesting temporary placement and care with the county child welfare department pursuant to Section 319, he or she intends to sign a mutual agreement.(w)Supervised independent living placement means, on and after January 1, 2012, an independent supervised setting, as specified in a nonminor dependents transitional independent living case plan, in which the youth is living independently, pursuant to Section 472(c)(2) of the federal Social Security Act (42 U.S.C. Sec. 672(c)(2)).(x)Supervised independent living setting, pursuant to Section 472(c)(2) of the federal Social Security Act (42 U.S.C. Sec. 672(c)(2)), includes both a supervised independent living placement, as defined in subdivision (w), and a residential housing unit certified by the transitional housing placement provider operating a Transitional Housing Placement-Plus Foster Care program, as described in paragraph (2) of subdivision (a) of Section 16522.1.(y)Transitional independent living case plan means, on or after January 1, 2012, a childs case plan submitted for the last review hearing held before he or she reaches 18 years of age or the nonminor dependents case plan, updated every six months, that describes the goals and objectives of how the nonminor will make progress in the transition to living independently and assume incremental responsibility for adult decisionmaking, the collaborative efforts between the nonminor and the social worker, probation officer, or Indian tribal placing entity and the supportive services as described in the transitional independent living plan (TILP) to ensure active and meaningful participation in one or more of the eligibility criteria described in paragraphs (1) to (5), inclusive, of subdivision (b) of Section 11403, the nonminors appropriate supervised placement setting, and the nonminors permanent plan for transition to living independently, which includes maintaining or obtaining permanent connections to caring and committed adults, as set forth in paragraph (16) of subdivision (f) of Section 16501.1.(z)Voluntary reentry agreement means a written voluntary agreement between a former dependent child or ward or a former nonminor dependent, who has had juvenile court jurisdiction terminated pursuant to Section 391, 452, or 607.2, and the county welfare or probation department or tribal placing entity that documents the nonminors desire and willingness to reenter foster care, to be placed in a supervised setting under the placement and care responsibility of the placing agency, the nonminors desire, willingness, and ability to immediately participate in one or more of the conditions of paragraphs (1) to (5), inclusive, of subdivision (b) of Section 11403, the nonminors agreement to work collaboratively with the placing agency to develop his or her transitional independent living case plan within 60 days of reentry, the nonminors agreement to report any changes of circumstances relevant to continued eligibility for foster care payments, and (1) the nonminors agreement to participate in the filing of a petition for juvenile court jurisdiction as a nonminor dependent pursuant to subdivision (e) of Section 388 within 15 judicial days of the signing of the agreement and the placing agencys efforts and supportive services to assist the nonminor in the reentry process, or (2) if the nonminor meets the definition of a nonminor former dependent or ward, as described in subdivision (aa), the nonminors agreement to return to the care and support of his or her former juvenile court-appointed guardian and meet the eligibility criteria for AFDC-FC pursuant to subdivision (e) of Section 11405.(aa)Nonminor former dependent or ward means either of the following:(1)A nonminor who reached 18 years of age while under a foster care placement order, including an order vesting temporary placement and care with the county child welfare department pursuant to Section 319, who has subsequently exited foster care, and who is still under the general jurisdiction of the court.(2)A nonminor who is over 18 years of age and, while a minor, was a dependent child or ward of the juvenile court when the guardianship was established pursuant to Section 360 or 366.26, or subdivision (d) of Section 728 and the juvenile court dependency or wardship was dismissed following the establishment of the guardianship.(ab)Runaway and homeless youth shelter means a type of group home, as defined in paragraph (14) of subdivision (a) of Section 1502 of the Health and Safety Code, that is not an eligible placement option under Sections 319, 361.2, 450, and 727, and that is not eligible for AFDC-FC funding pursuant to subdivision (c) of Section 11402 or Section 11462.(ac)Transition dependent is a minor between 17 years and five months and 18 years of age who is subject to the courts transition jurisdiction under Section 450.(ad)Short-term residential therapeutic program means a nondetention, licensed community care facility, as defined in paragraph (18) of subdivision (a) of Section 1502 of the Health and Safety Code, that provides an integrated program of specialized and intensive care and supervision, services and supports, and treatment for the child or youth, when the childs or youths case plan specifies the need for, nature of, and anticipated duration of this specialized treatment. Short-term residential therapeutic programs shall be organized and operated on a nonprofit basis.(ae)Resource family means an approved caregiver, as defined in subdivision (c) of Section 16519.5.(af)Core Services mean services, made available to children, youth, and nonminor dependents either directly or secured through formal agreement with other agencies, which are trauma informed and culturally relevant as specified in Sections 11462 and 11463.SEC. 10.SEC. 6.Section 11401 of the Welfare and Institutions Code is amended to read:11401.Aid in the form of AFDC-FC shall be provided under this chapter on behalf of any child under 18 years of age, and to any nonminor dependent who meets the conditions of any of the following subdivisions:
(a)The child has been relinquished, for purposes of adoption, to a licensed adoption agency, or the department, or the parental rights of either or both of his or her parents have been terminated after an action under the Family Code has been brought by a licensed adoption agency or the department, provided that the licensed adoption agency or the department, if responsible for placement and care, provides to those children all services as required by the department to children in foster care.
(b)The child has been removed from the physical custody of his or her parent, relative, or guardian as a result of a voluntary placement agreement or a judicial determination that continuance in the home would be contrary to the childs welfare and that, if the child was placed in foster care, reasonable efforts were made, consistent with Chapter 5 (commencing with Section 16500) of Part 4, to prevent or eliminate the need for removal of the child from his or her home and to make it possible for the child to return to his or her home, and any of the following applies:
(1)The child has been adjudged a dependent child of the court on the grounds that he or she is a person described by Section 300.
(2)The child has been adjudged a ward of the court on the grounds that he or she is a person described by Sections 601 and 602, or the child or nonminor is under the transition jurisdiction of the juvenile court pursuant to Section 450.
(3)The child has been detained under a court order, pursuant to Section 319 or 636, that remains in effect.
(4)The childs or nonminors dependency jurisdiction, or transition jurisdiction pursuant to Section 450, has resumed pursuant to Section 387, or subdivision (a) or (e) of Section 388.
(c)The child has been voluntarily placed by his or her parent or guardian pursuant to Section 11401.1.
(d)The child is living in the home of a nonrelated legal guardian, or the nonminor is living in the home of a former nonrelated legal guardian.
(e)The child is a nonminor dependent who is placed pursuant to a mutual agreement as set forth in subdivision (u) of Section 11400, under the placement and care responsibility of the county child welfare services department, an Indian tribe that entered into an agreement pursuant to Section 10553.1, or the county probation department, or the child is a nonminor dependent reentering foster care placement pursuant to a voluntary agreement, as set forth in subdivision (z) of Section 11400.
(f)The child has been placed in foster care under the federal Indian Child Welfare Act. Sections 11402, 11404, and 11405 shall not be construed as limiting payments to Indian children, as defined in the federal Indian Child Welfare Act, placed in accordance with that act.
(g)To be eligible for federal financial participation, the conditions described in paragraph (1), (2), (3), or (4) shall be satisfied:
(1)(A)The child meets the conditions of subdivision (b).
(B)The child has been deprived of parental support or care for any of the reasons set forth in Section 11250.
(C)The child has been removed from the home of a relative as defined in Section 233.90(c)(1) of Title 45 of the Code of Federal Regulations, as amended.
(D)The requirements of Sections 671 and 672 of Title 42 of the United States Code, as amended, have been met.
(2)(A)The child meets the requirements of subdivision (h).
(B)The requirements of Sections 671 and 672 of Title 42 of the United States Code, as amended, have been met.
(C)This paragraph shall be implemented only if federal financial participation is available for the children described in this paragraph.
(3)(A)The child has been removed from the custody of his or her parent, relative, or guardian as a result of a voluntary placement agreement or a judicial determination that continuance in the home would be contrary to the childs welfare and that, if the child was placed in foster care, reasonable efforts were made, consistent with Chapter 5 (commencing with Section 16500) of Part 4, to prevent or eliminate the need for removal of the child from his or her home and to make it possible for the child to return to his or her home, or the child is a nonminor dependent who satisfies the removal criteria in Section 472(a)(2)(A)(i) of the federal Social Security Act (42 U.S.C. Sec. 672 (a)(2)(A)(i)) and agrees to the placement and care responsibility of the placing agency by signing the voluntary reentry agreement, as set forth in subdivision (z) of Section 11400, and any of the following applies:
(i)The child has been adjudged a dependent child of the court on the grounds that he or she is a person described by Section 300.
(ii)The child has been adjudged a ward of the court on the grounds that he or she is a person described by Sections 601 and 602 or, on or after January 1, 2012, or the child or nonminor is under the transition jurisdiction of the juvenile court, pursuant to Section 450.
(iii)The child has been detained under a court order, pursuant to Section 319 or 636, that remains in effect.
(iv)The childs or nonminors dependency jurisdiction, or transition jurisdiction pursuant to Section 450, has resumed pursuant to Section 387, or subdivision (a) or (e) of Section 388.
(B)The child has been placed in an eligible foster care placement, as set forth in Section 11402.
(C)The requirements of Sections 671 and 672 of Title 42 of the United States Code have been satisfied.
(D)This paragraph shall be implemented only if federal financial participation is available for the children described in this paragraph.
(4)With respect to a nonminor dependent, in addition to meeting the conditions specified in paragraph (1), the requirements of Section 675(8)(B) of Title 42 of the United States Code have been satisfied. With respect to a former nonminor dependent who reenters foster care placement by signing the voluntary reentry agreement, as set forth in subdivision (z) of Section 11400, the requirements for AFDC-FC eligibility of Section 672(a)(3)(A) of Title 42 of the United States Code are satisfied based on the nonminors status as a child-only case, without regard to the parents, legal guardians, or others in the assistance unit in the home from which the nonminor was originally removed.
(h)The child meets all of the following conditions:
(1)The child has been adjudged to be a dependent child or ward of the court on the grounds that he or she is a person described in Section 300, 601, or 602.
(2)The childs parent also has been adjudged to be a dependent child or nonminor dependent of the court on the grounds that he or she is a person described by Section 300, 450, 601, or 602 and is receiving benefits under this chapter.
(3)The child is placed in the same licensed or approved foster care facility in which his or her parent is placed and the childs parent is receiving reunification services with respect to that child.
SEC. 11.Section 11403 of the Welfare and Institutions Code is amended to read:11403.(a)It is the intent of the Legislature to exercise the option afforded states under Section 475(8) (42 U.S.C. Sec. 675(8)), and Section 473(a)(4) (42 U.S.C. Sec. 673(a)(4)) of the federal Social Security Act, as contained in the federal Fostering Connections to Success and Increasing Adoptions Act of 2008 (Public Law 110-351), to receive federal financial participation for nonminor dependents of the juvenile court who satisfy the conditions of subdivision (b), consistent with their transitional independent living case plan. These nonminor dependents are eligible to receive support until they are 21 years of age, consistent with their transitional independent living case plan and as described in Section 10103.5. It is the intent of the Legislature both at the time of initial determination of the nonminor dependents eligibility and throughout the time the nonminor dependent is eligible for aid pursuant to this section, that the social worker or probation officer or Indian tribal placing entity and the nonminor dependent shall work together to ensure the nonminor dependents ongoing eligibility. All case planning shall be a collaborative effort between the nonminor dependent and the social worker, probation officer, or Indian tribe, with the nonminor dependent assuming increasing levels of responsibility and independence.(b)A nonminor dependent receiving aid pursuant to this chapter, who satisfies the age criteria set forth in subdivision (a), shall meet the legal authority for placement and care by being under a foster care placement order by the juvenile court, or the voluntary reentry agreement as set forth in subdivision (z) of Section 11400, and is otherwise eligible for AFDC-FC payments pursuant to Section 11401. A nonminor who satisfies the age criteria set forth in subdivision (a), and who is otherwise eligible, shall continue to receive CalWORKs payments pursuant to Section 11253 or, as a nonminor former dependent or ward, aid pursuant to Kin-GAP under Article 4.5 (commencing with Section 11360) or Article 4.7 (commencing with Section 11385) or adoption assistance payments as specified in Chapter 2.1 (commencing with Section 16115) of Part 4. A nonminor former dependent child or ward of the juvenile court who is otherwise eligible to receive AFDC-FC benefits pursuant to Section 11405 and who satisfies the criteria set forth in subdivision (a) shall continue to be eligible to receive aid as long as the nonminor is otherwise eligible for AFDC-FC benefits under this subdivision. This subdivision applies when one or more of the following conditions exist:(1)The nonminor is completing secondary education or a program leading to an equivalent credential.(2)The nonminor is enrolled in an institution which provides postsecondary or vocational education.(3)The nonminor is participating in a program or activity designed to promote, or remove barriers to employment.(4)The nonminor is employed for at least 80 hours per month.(5)The nonminor is incapable of doing any of the activities described in paragraphs (1) to (4), inclusive, due to a medical condition, and that incapability is supported by regularly updated information in the case plan of the nonminor. The requirement to update the case plan under this section shall not apply to nonminor former dependents or wards in receipt of Kin-GAP program or Adoption Assistance Program payments.(c)The county child welfare or probation department, Indian tribe, consortium of tribes, or tribal organization that has entered into an agreement pursuant to Section 10553.1, shall work together with a nonminor dependent who is in foster care on his or her 18th birthday and thereafter or a nonminor former dependent receiving aid pursuant to Section 11405, to satisfy one or more of the conditions described in paragraphs (1) to (5), inclusive, of subdivision (b) and shall certify the nonminors applicable condition or conditions in the nonminors six-month transitional independent living case plan update, and provide the certification to the eligibility worker and to the court at each six-month case plan review hearing for the nonminor dependent. Relative guardians who receive Kin-GAP payments and adoptive parents who receive adoption assistance payments shall be responsible for reporting to the county welfare agency that the nonminor does not satisfy at least one of the conditions described in subdivision (b). The social worker, probation officer, or tribal entity shall verify and obtain assurances that the nonminor dependent continues to satisfy at least one of the conditions in paragraphs (1) to (5), inclusive, of subdivision (b) at each six-month transitional independent living case plan update. The six-month case plan update shall certify the nonminors eligibility pursuant to subdivision (b) for the next six-month period. During the six-month certification period, the payee and nonminor shall report any change in placement or other relevant changes in circumstances that may affect payment. The nonminor dependent, or nonminor former dependent receiving aid pursuant to subdivision (e) of Section 11405, shall be informed of all due process requirements, in accordance with state and federal law, prior to an involuntary termination of aid, and shall simultaneously be provided with a written explanation of how to exercise his or her due process rights and obtain referrals to legal assistance. Any notices of action regarding eligibility shall be sent to the nonminor dependent or former dependent, his or her counsel, as applicable, and the placing worker, in addition to any other payee. Payments of aid pursuant to Kin-GAP under Article 4.5 (commencing with Section 11360) or Article 4.7 (commencing with Section 11385), adoption assistance payments as specified in Chapter 2.1 (commencing with Section 16115) of Part 4, or aid pursuant to subdivision (e) of Section 11405 that are made on behalf of a nonminor former dependent shall terminate subject to the terms of the agreements. Subject to federal approval of amendments to the state plan, aid payments may be suspended and resumed based on changes of circumstances that affect eligibility. Nonminor former dependents, as identified in paragraph (2) of subdivision (aa) of Section 11400, are not eligible for reentry under subdivision (e) of Section 388 as nonminor dependents under the jurisdiction of the juvenile court, but may be eligible for reentry pursuant to Section 388.1 if (1) the nonminor former dependent was receiving, or eligible to receive, aid pursuant to Kin-GAP under Article 4.5 (commencing with Section 11360) or Article 4.7 (commencing with Section 11385), the nonminor former dependent was receiving, or eligible to receive, aid pursuant to subdivision (e) of Section 11405, or the nonminor was receiving, or eligible to receive, adoption assistance payments as specified in Chapter 2.1 (commencing with Section 16115) of Part 3, and (2) the nonminors former guardian or adoptive parent dies, or no longer provides ongoing support to the nonminor after the nonminor turns 18 years of age but before the nonminor turns 21 years of age. Nonminor former dependents requesting the resumption of AFDC-FC payments pursuant to subdivision (e) of Section 11405 shall complete the applicable portions of the voluntary reentry agreement, as described in subdivision (z) of Section 11400.(d)A nonminor dependent may receive all of the payment directly provided that the nonminor is living independently in a supervised placement, as described in subdivision (w) of Section 11400, and that both the youth and the agency responsible for the foster care placement have signed a mutual agreement, as defined in subdivision (u) of Section 11400, if the youth is capable of making an informed agreement, that documents the continued need for supervised out-of-home placement, and the nonminors and social workers or probation officers agreement to work together to facilitate implementation of the mutually developed supervised placement agreement and transitional independent living case plan.(e)Eligibility for aid under this section shall not terminate until the nonminor dependent attains the age criteria, as set forth in subdivision (a), but aid may be suspended when the nonminor dependent no longer resides in an eligible facility, as described in Section 11402, or is otherwise not eligible for AFDC-FC benefits under Section 11401, or terminated at the request of the nonminor, or after a court terminates dependency jurisdiction pursuant to Section 391, delinquency jurisdiction pursuant to Section 607.2, or transition jurisdiction pursuant to Section 452. AFDC-FC benefits to nonminor dependents may be resumed at the request of the nonminor by completing a voluntary reentry agreement pursuant to subdivision (z) of Section 11400, before or after the filing of a petition filed pursuant to subdivision (e) of Section 388 after a court terminates dependency or transitional jurisdiction pursuant to Section 391, or delinquency jurisdiction pursuant to Section 607.2. The county welfare or probation department or Indian tribal entity that has entered into an agreement pursuant to Section 10553.1 shall complete the voluntary reentry agreement with the nonminor who agrees to satisfy the criteria of the agreement, as described in subdivision (z) of Section 11400. The county welfare department or tribal entity shall establish a new child-only Title IV-E eligibility determination based on the nonminors completion of the voluntary reentry agreement pursuant to Section 11401. The beginning date of aid for either federal or state AFDC-FC for a reentering nonminor who is placed in foster care is the date the voluntary reentry agreement is signed or the nonminor is placed, whichever is later. The county welfare department, county probation department, or tribal entity shall provide a nonminor dependent who wishes to continue receiving aid with the assistance necessary to meet and maintain eligibility.(f)(1)The county having jurisdiction of the nonminor dependent shall remain the county of payment under this section regardless of the youths physical residence. Nonminor former dependents receiving aid pursuant to subdivision (e) of Section 11405 shall be paid by their county of residence. Counties may develop courtesy supervision agreements to provide case management and independent living services by the county of residence pursuant to the nonminor dependents transitional independent living case plan. Placements made out of state are subject to the applicable requirements of the Interstate Compact on Placement of Children, pursuant to Part 5 (commencing with Section 7900) of Division 12 of the Family Code.(2)The county welfare department, county probation department, or tribal entity shall notify all foster youth who attain 16 years of age and are under the jurisdiction of that county or tribe, including those receiving Kin-GAP, and AAP, of the existence of the aid prescribed by this section.(3)The department shall seek any waiver to amend its Title IV-E state plan with the Secretary of the United States Department of Health and Human Services necessary to implement this section.(g)(1)Subject to paragraph (3), a county shall pay the nonfederal share of the cost of extending aid pursuant to this section to eligible nonminor dependents who have reached 18 years of age and who are under the jurisdiction of the county, including AFDC-FC payments pursuant to Section 11401, aid pursuant to Kin-GAP under Article 4.7 (commencing with Section 11385), adoption assistance payments as specified in Chapter 2.1 (commencing with Section 16115) of Part 4, and aid pursuant to Section 11405 for nonminor dependents who are residing in the county as provided in paragraph (1) of subdivision (f). A county shall contribute to the CalWORKs payments pursuant to Section 11253 and aid pursuant to Kin-GAP under Article 4.5 (commencing with Section 11360) at the statutory sharing ratios in effect on January 1, 2012.(2)Subject to paragraph (3), a county shall pay the nonfederal share of the cost of providing permanent placement services pursuant to subdivision (c) of Section 16508 and administering the Aid to Families with Dependent Children Foster Care program pursuant to Section 15204.9. For purposes of budgeting, the department shall use a standard for the permanent placement services that is equal to the midpoint between the budgeting standards for family maintenance services and family reunification services.(3)(A)(i)Notwithstanding any other law, a countys required total contribution pursuant to paragraphs (1) and (2), excluding costs incurred pursuant to Section 10103.5, shall not exceed the amount of savings in Kin-GAP assistance grant expenditures realized by the county from the receipt of federal funds due to the implementation of Article 4.7 (commencing with Section 11385), and the amount of funding specifically included in the Protective Services Subaccount within the Support Services Account within the Local Revenue Fund 2011, plus any associated growth funding from the Support Services Growth Subaccount within the Sales and Use Tax Growth Account to pay the costs of extending aid pursuant to this section.(ii)A county, at its own discretion, may expend additional funds beyond the amounts identified in clause (i). These additional amounts shall not be included in any cost and savings calculations or comparisons performed pursuant to this section.(B)Beginning in the 201112 fiscal year, and for each fiscal year thereafter, funding and expenditures for programs and activities under this section shall be in accordance with the requirements provided in Sections 30025 and 30026.5 of the Government Code. In addition, the following are available to the counties for the purpose of funding costs pursuant to this section:(i)The savings in Kin-GAP assistance grant expenditures realized from the receipt of federal funds due to the implementation of Article 4.7 (commencing with Section 11385).(ii)The savings realized from the change in federal funding for adoption assistance resulting from the enactment of the federal Fostering Connections to Success and Increasing Adoptions Act of 2008 (Public Law 110-351) and consistent with subdivision (d) of Section 16118.(4)(A)The limit on the countys total contribution pursuant to paragraph (3) shall be assessed by the State Department of Social Services, in conjunction with the California State Association of Counties, in 201516, to determine if it shall be removed. The assessment of the need for the limit shall be based on a determination on a statewide basis of whether the actual county costs of providing extended care pursuant to this section, excluding costs incurred pursuant to Section 10103.5, are fully funded by the amount of savings in Kin-GAP assistance grant expenditures realized by the counties from the receipt of federal funds due to the implementation of Article 4.7 (commencing with Section 11385) and the amount of funding specifically included in the Protective Services Subaccount within the Support Services Account within the Local Revenue Fund 2011 plus any associated growth funding from the Support Services Growth Subaccount within the Sales and Use Tax Growth Account to pay the costs of extending aid pursuant to this section.(B)If the assessment pursuant to subparagraph (A) shows that the statewide total costs of extending aid pursuant to this section, excluding costs incurred pursuant to Section 10103.5, are fully funded by the amount of savings in Kin-GAP assistance grant expenditures realized by the counties from the receipt of federal funds due to the implementation of Article 4.7 (commencing with Section 11385) and the amount of funding specifically included in the Protective Services Subaccount within the Support Services Account within the Local Revenue Fund 2011 plus any associated growth funding from the Support Services Growth Subaccount within the Sales and Use Tax Growth Account to pay the costs of extending aid pursuant to this section, the Department of Finance shall certify that fact, in writing, and shall post the certification on its Internet Web site, at which time subparagraph (A) of paragraph (3) shall no longer be implemented.(h)It is the intent of the Legislature that a county currently participating in the Child Welfare Demonstration Capped Allocation Project not be adversely impacted by the departments exercise of its option to extend foster care benefits pursuant to Section 673(a)(4) and Section 675(8) of Title 42 of the United States Code in the federal Social Security Act, as contained in the federal Fostering Connections to Success and Increasing Adoptions Act of 2008 (Public Law 110-351). Therefore, the department shall negotiate with the United States Department of Health and Human Services on behalf of those counties that are currently participating in the demonstration project to ensure that those counties receive reimbursement for these new programs outside of the provisions of those counties waiver under Subtitle IV-E (commencing with Section 470) of the federal Social Security Act (42 U.S.C. Sec. 670 et seq.).(i)The department, on or before July 1, 2013, shall develop regulations to implement this section in consultation with concerned stakeholders, including, but not limited to, representatives of the Legislature, the County Welfare Directors Association, the Chief Probation Officers of California, the Judicial Council, representatives of Indian tribes, the California Youth Connection, former foster youth, child advocacy organizations, labor organizations, juvenile justice advocacy organizations, foster caregiver organizations, and researchers. In the development of these regulations, the department shall consider its Manual of Policy and Procedures, Division 30, Chapters 30-912, 913, 916, and 917, as guidelines for developing regulations that are appropriate for young adults who can exercise incremental responsibility concurrently with their growth and development. The department, in its consultation with stakeholders, shall take into consideration the impact to the automated Child Welfare Services Case Management System (CWS/CMS) and required modifications needed to accommodate eligibility determination under this section, benefit issuance, case management across counties, and recognition of the legal status of nonminor dependents as adults, as well as changes to data tracking and reporting requirements as required by the Child Welfare System Improvement and Accountability Act as specified in Section 10601.2, and federal outcome measures as required by the federal John H. Chafee Foster Care Independence Program (42 U.S.C. Sec. 677(f)). In addition, the department, in its consultation with stakeholders, shall define the supervised independent living setting which shall include, but not be limited to, apartment living, room and board arrangements, college or university dormitories, and shared roommate settings, and define how those settings meet health and safety standards suitable for nonminors. The department, in its consultation with stakeholders, shall define the six-month certification of the conditions of eligibility pursuant to subdivision (b) to be consistent with the flexibility provided by federal policy guidance, to ensure that there are ample supports for a nonminor to achieve the goals of his or her transition independent living case plan. The department, in its consultation with stakeholders, shall ensure that notices of action and other forms created to inform the nonminor of due process rights and how to access them shall be developed, using language consistent with the special needs of the nonminor dependent population.(j)Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department shall prepare for implementation of the applicable provisions of this section by publishing, after consultation with the stakeholders listed in subdivision (i), all-county letters or similar instructions from the director by October 1, 2011, to be effective January 1, 2012. Emergency regulations to implement the applicable provisions of this act may be adopted by the director in accordance with the Administrative Procedure Act. The initial adoption of the emergency regulations and one readoption of the emergency regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare. Initial emergency regulations and the first readoption of those emergency regulations shall be exempt from review by the Office of Administrative Law. The emergency regulations authorized by this section shall be submitted to the Office of Administrative Law for filing with the Secretary of State and shall remain in effect for no more than 180 days.SEC. 7.Section 11403 of the Welfare and Institutions Code is amended to read:11403.(a)It is the intent of the Legislature to exercise the option afforded states under Section 475(8) (42 U.S.C. Sec. 675(8)), and Section 473(a)(4) (42 U.S.C. Sec. 673(a)(4)) of the federal Social Security Act, as contained in the federal Fostering Connections to Success and Increasing Adoptions Act of 2008 (Public Law 110-351), to receive federal financial participation for nonminor dependents of the juvenile court who satisfy the conditions of subdivision (b), consistent with their transitional independent living case plan. Effective January 1, 2012, these These nonminor dependents shall be are eligible to receive support up to 19 years of age, effective January 1, 2013, up to 20 years of age, and effective January 1, 2014, up to until they are 21 years of age, consistent with their transitional independent living case plan and as described in Section 10103.5. It is the intent of the Legislature both at the time of initial determination of the nonminor dependents eligibility and throughout the time the nonminor dependent is eligible for aid pursuant to this section, that the social worker or probation officer or Indian tribal placing entity and the nonminor dependent shall work together to ensure the nonminor dependents ongoing eligibility. All case planning shall be a collaborative effort between the nonminor dependent and the social worker, probation officer, or Indian tribe, with the nonminor dependent assuming increasing levels of responsibility and independence.
(b)A nonminor dependent receiving aid pursuant to this chapter, who satisfies the age criteria set forth in subdivision (a), shall meet the legal authority for placement and care by being under a foster care placement order by the juvenile court, or the voluntary reentry agreement as set forth in subdivision (z) of Section 11400, and is otherwise eligible for AFDC-FC payments pursuant to Section 11401. A nonminor who satisfies the age criteria set forth in subdivision (a), and who is otherwise eligible, shall continue to receive CalWORKs payments pursuant to Section 11253, Approved Relative Caregiver Funding Program benefits pursuant to Section 11461.3, or, as a nonminor former dependent or ward, aid pursuant to Kin-GAP under Article 4.5 (commencing with Section 11360) or Article 4.7 (commencing with Section 11385) or adoption assistance payments as specified in Chapter 2.1 (commencing with Section 16115) of Part 4. Effective January 1, 2012, a A nonminor former dependent child or ward of the juvenile court who is receiving otherwise eligible to receive AFDC-FC benefits pursuant to Section 11405 and who satisfies the criteria set forth in subdivision (a) shall continue to be eligible to continue to receive aid as long as the nonminor is otherwise eligible for AFDC-FC benefits under this subdivision. This subdivision applies when one or more of the following conditions exist:
(1)The nonminor is completing secondary education or a program leading to an equivalent credential.
(2)The nonminor is enrolled in an institution which provides postsecondary or vocational education.
(3)The nonminor is participating in a program or activity designed to promote, or remove barriers to employment.
(4)The nonminor is employed for at least 80 hours per month.
(5)The nonminor is incapable of doing any of the activities described in subparagraphs paragraphs (1) to (4), inclusive, due to a medical condition, and that incapability is supported by regularly updated information in the case plan of the nonminor. The requirement to update the case plan under this section shall not apply to nonminor former dependents or wards in receipt of Kin-GAP program or Adoption Assistance Program payments.
(c)The county child welfare or probation department, Indian tribe, consortium of tribes, or tribal organization that has entered into an agreement pursuant to Section 10553.1, shall work together with a nonminor dependent who is in foster care on his or her 18th birthday and thereafter or a nonminor former dependent receiving aid pursuant to Section 11405, to satisfy one or more of the conditions described in paragraphs (1) to (5), inclusive, of subdivision (b) and shall certify the nonminors applicable condition or conditions in the nonminors six-month transitional independent living case plan update, and provide the certification to the eligibility worker and to the court at each six-month case plan review hearing for the nonminor dependent. Relative guardians who receive Kin-GAP payments and adoptive parents who receive adoption assistance payments shall be responsible for reporting to the county welfare agency that the nonminor does not satisfy at least one of the conditions described in subdivision (b). The social worker, probation officer, or tribal entity shall verify and obtain assurances that the nonminor dependent continues to satisfy at least one of the conditions in paragraphs (1) to (5), inclusive, of subdivision (b) at each six-month transitional independent living case plan update. The six-month case plan update shall certify the nonminors eligibility pursuant to subdivision (b) for the next six-month period. During the six-month certification period, the payee and nonminor shall report any change in placement or other relevant changes in circumstances that may affect payment. The nonminor dependent, or nonminor former dependent receiving aid pursuant to subdivision (e) of Section 11405, shall be informed of all due process requirements, in accordance with state and federal law, prior to an involuntary termination of aid, and shall simultaneously be provided with a written explanation of how to exercise his or her due process rights and obtain referrals to legal assistance. Any notices of action regarding eligibility shall be sent to the nonminor dependent or former dependent, his or her counsel, as applicable, and the placing worker, in addition to any other payee. Payments of aid pursuant to Kin-GAP under Article 4.5 (commencing with Section 11360) or Article 4.7 (commencing with Section 11385), adoption assistance payments as specified in Chapter 2.1 (commencing with Section 16115) of Part 4, or aid pursuant to subdivision (e) of Section 11405 that are made on behalf of a nonminor former dependent shall terminate subject to the terms of the agreements. Subject to federal approval of amendments to the state plan, aid payments may be suspended and resumed based on changes of circumstances that affect eligibility. Nonminor former dependents, as identified in paragraph (2) of subdivision (aa) of Section 11400, are not eligible for reentry under subdivision (e) of Section 388 as nonminor dependents under the jurisdiction of the juvenile court, but may be eligible for reentry pursuant to Section 388.1 if (1) the nonminor former dependent was receiving receiving, or eligible to receive, aid pursuant to Kin-GAP under Article 4.5 (commencing with Section 11360) or Article 4.7 (commencing with Section 11385), the nonminor former dependent was receiving receiving, or eligible to receive, aid pursuant to subdivision (e) of Section 11405, or the nonminor was receiving receiving, or eligible to receive, adoption assistance payments as specified in Chapter 2.1 (commencing with Section 16115) of Part 3, and (2) the nonminors former guardian or adoptive parent dies, or no longer provides ongoing support to, and no longer receives benefits on behalf of, to the nonminor after the nonminor turns 18 years of age but before the nonminor turns 21 years of age. Nonminor former dependents requesting the resumption of AFDC-FC payments pursuant to subdivision (e) of Section 11405 shall complete the applicable portions of the voluntary reentry agreement, as described in subdivision (z) of Section 11400.
(d)A nonminor dependent may receive all of the payment directly provided that the nonminor is living independently in a supervised placement, as described in subdivision (w) of Section 11400, and that both the youth and the agency responsible for the foster care placement have signed a mutual agreement, as defined in subdivision (u) of Section 11400, if the youth is capable of making an informed agreement, that documents the continued need for supervised out-of-home placement, and the nonminors and social workers or probation officers agreement to work together to facilitate implementation of the mutually developed supervised placement agreement and transitional independent living case plan.
(e)Eligibility for aid under this section shall not terminate until the nonminor dependent attains the age criteria, as set forth in subdivision (a), but aid may be suspended when the nonminor dependent no longer resides in an eligible facility, as described in Section 11402, or is otherwise not eligible for AFDC-FC benefits under Section 11401, or terminated at the request of the nonminor, or after a court terminates dependency jurisdiction pursuant to Section 391, delinquency jurisdiction pursuant to Section 607.2, or transition jurisdiction pursuant to Section 452. AFDC-FC benefits to nonminor dependents, dependents may be resumed at the request of the nonminor by completing a voluntary reentry agreement pursuant to subdivision (z) of Section 11400, before or after the filing of a petition filed pursuant to subdivision (e) of Section 388 after a court terminates dependency or transitional jurisdiction pursuant to Section 391, or delinquency jurisdiction pursuant to Section 607.2. The county welfare or probation department or Indian tribal entity that has entered into an agreement pursuant to Section 10553.1 shall complete the voluntary reentry agreement with the nonminor who agrees to satisfy the criteria of the agreement, as described in subdivision (z) of Section 11400. The county welfare department or tribal entity shall establish a new child-only Title IV-E eligibility determination based on the nonminors completion of the voluntary reentry agreement pursuant to Section 11401. The beginning date of aid for either federal or state AFDC-FC for a reentering nonminor who is placed in foster care is the date the voluntary reentry agreement is signed or the nonminor is placed, whichever is later. The county welfare department, county probation department, or tribal entity shall provide a nonminor dependent who wishes to continue receiving aid with the assistance necessary to meet and maintain eligibility.
(f)(1)The county having jurisdiction of the nonminor dependent shall remain the county of payment under this section regardless of the youths physical residence. Nonminor former dependents receiving aid pursuant to subdivision (e) of Section 11405 shall be paid by their county of residence. Counties may develop courtesy supervision agreements to provide case management and independent living services by the county of residence pursuant to the nonminor dependents transitional independent living case plan. Placements made out of state are subject to the applicable requirements of the Interstate Compact on Placement of Children, pursuant to Part 5 (commencing with Section 7900) of Division 12 of the Family Code.
(2)The county welfare department, county probation department, or tribal entity shall notify all foster youth who attain 16 years of age and are under the jurisdiction of that county or tribe, including those receiving Kin-GAP, and AAP, of the existence of the aid prescribed by this section.
(3)The department shall seek any waiver to amend its Title IV-E State Plan state plan with the Secretary of the United States Department of Health and Human Services necessary to implement this section.
(g)(1)Subject to paragraph (3), a county shall pay the nonfederal share of the cost of extending aid pursuant to this section to eligible nonminor dependents who have reached 18 years of age and who are under the jurisdiction of the county, including AFDC-FC payments pursuant to Section 11401, aid pursuant to Kin-GAP under Article 4.7 (commencing with Section 11385), adoption assistance payments as specified in Chapter 2.1 (commencing with Section 16115) of Part 4, and aid pursuant to Section 11405 for nonminor dependents who are residing in the county as provided in paragraph (1) of subdivision (f). A county shall contribute to the CalWORKs payments pursuant to Section 11253 and aid pursuant to Kin-GAP under Article 4.5 (commencing with Section 11360) at the statutory sharing ratios in effect on January 1, 2012.
(2)Subject to paragraph (3), a county shall pay the nonfederal share of the cost of providing permanent placement services pursuant to subdivision (c) of Section 16508 and administering the Aid to Families with Dependent Children Foster Care program pursuant to Section 15204.9. For purposes of budgeting, the department shall use a standard for the permanent placement services that is equal to the midpoint between the budgeting standards for family maintenance services and family reunification services.
(3)(A)(i)Notwithstanding any other law, a countys required total contribution pursuant to paragraphs (1) and (2), excluding costs incurred pursuant to Section 10103.5, shall not exceed the amount of savings in Kin-GAP assistance grant expenditures realized by the county from the receipt of federal funds due to the implementation of Article 4.7 (commencing with Section 11385), and the amount of funding specifically included in the Protective Services Subaccount within the Support Services Account within the Local Revenue Fund 2011, plus any associated growth funding from the Support Services Growth Subaccount within the Sales and Use Tax Growth Account to pay the costs of extending aid pursuant to this section.
(ii)A county, at its own discretion, may expend additional funds beyond the amounts identified in clause (i). These additional amounts shall not be included in any cost and savings calculations or comparisons performed pursuant to this section.
(B)Beginning in the 201112 fiscal year, and for each fiscal year thereafter, funding and expenditures for programs and activities under this section shall be in accordance with the requirements provided in Sections 30025 and 30026.5 of the Government Code. In addition, the following are available to the counties for the purpose of funding costs pursuant to this section:
(i)The savings in Kin-GAP assistance grant expenditures realized from the receipt of federal funds due to the implementation of Article 4.7 (commencing with Section 11385).
(ii)The savings realized from the change in federal funding for adoption assistance resulting from the enactment of Public Law 110-351 the federal Fostering Connections to Success and Increasing Adoptions Act of 2008 (Public Law 110-351) and consistent with subdivision (d) of Section 16118.
(4)(A)The limit on the countys total contribution pursuant to paragraph (3) shall be assessed by the State Department of Social Services, in conjunction with the California State Association of Counties, in 201516, to determine if it shall be removed. The assessment of the need for the limit shall be based on a determination on a statewide basis of whether the actual county costs of providing extended care pursuant to this section, excluding costs incurred pursuant to Section 10103.5, are fully funded by the amount of savings in Kin-GAP assistance grant expenditures realized by the counties from the receipt of federal funds due to the implementation of Article 4.7 (commencing with Section 11385) and the amount of funding specifically included in the Protective Services Subaccount within the Support Services Account within the Local Revenue Fund 2011 plus any associated growth funding from the Support Services Growth Subaccount within the Sales and Use Tax Growth Account to pay the costs of extending aid pursuant to this section.
(B)If the assessment pursuant to subparagraph (A) shows that the statewide total costs of extending aid pursuant to this section, excluding costs incurred pursuant to Section 10103.5, are fully funded by the amount of savings in Kin-GAP assistance grant expenditures realized by the counties from the receipt of federal funds due to the implementation of Article 4.7 (commencing with Section 11385) and the amount of funding specifically included in the Protective Services Subaccount within the Support Services Account within the Local Revenue Fund 2011 plus any associated growth funding from the Support Services Growth Subaccount within the Sales and Use Tax Growth Account to pay the costs of extending aid pursuant to this section, the Department of Finance shall certify that fact, in writing, and shall post the certification on its Internet Web site, at which time subparagraph (A) of paragraph (3) shall no longer be implemented.
(h)It is the intent of the Legislature that a county currently participating in the Child Welfare Demonstration Capped Allocation Project not be adversely impacted by the departments exercise of its option to extend foster care benefits pursuant to Section 673(a)(4) and Section 675(8) of Title 42 of the United States Code in the federal Social Security Act, as contained in the federal Fostering Connections to Success and Increasing Adoptions Act of 2008 (Public Law 110-351). Therefore, the department shall negotiate with the United States Department of Health and Human Services on behalf of those counties that are currently participating in the demonstration project to ensure that those counties receive reimbursement for these new programs outside of the provisions of those counties waiver under Subtitle IV-E (commencing with Section 470) of the federal Social Security Act (42 U.S.C. Sec. 670 et seq.).
(i)The department, on or before July 1, 2013, shall develop regulations to implement this section in consultation with concerned stakeholders, including, but not limited to, representatives of the Legislature, the County Welfare Directors Association, the Chief Probation Officers of California, the Judicial Council, representatives of Indian tribes, the California Youth Connection, former foster youth, child advocacy organizations, labor organizations, juvenile justice advocacy organizations, foster caregiver organizations, and researchers. In the development of these regulations, the department shall consider its Manual of Policy and Procedures, Division 30, Chapter Chapters 30-912, 913, 916, and 917, as guidelines for developing regulations that are appropriate for young adults who can exercise incremental responsibility concurrently with their growth and development. The department, in its consultation with stakeholders, shall take into consideration the impact to the Automated automated Child Welfare Services Case Management Services (CWS-CMS) System (CWS/CMS) and required modifications needed to accommodate eligibility determination under this section, benefit issuance, case management across counties, and recognition of the legal status of nonminor dependents as adults, as well as changes to data tracking and reporting requirements as required by the Child Welfare System Improvement and Accountability Act as specified in Section 10601.2, and federal outcome measures as required by the federal John H. Chafee Foster Care Independence Program (42 U.S.C. Sec. 677(f)). In addition, the department, in its consultation with stakeholders, shall define the supervised independent living setting which shall include, but not be limited to, apartment living, room and board arrangements, college or university dormitories, and shared roommate settings, and define how those settings meet health and safety standards suitable for nonminors. The department, in its consultation with stakeholders, shall define the six-month certification of the conditions of eligibility pursuant to subdivision (b) to be consistent with the flexibility provided by federal policy guidance, to ensure that there are ample supports for a nonminor to achieve the goals of his or her transition independent living case plan. The department, in its consultation with stakeholders, shall ensure that notices of action and other forms created to inform the nonminor of due process rights and how to access them shall be developed, using language consistent with the special needs of the nonminor dependent population.
(j)Notwithstanding the Administrative Procedure Act, Chapter Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, Code), the department shall prepare for implementation of the applicable provisions of this section by publishing, after consultation with the stakeholders listed in subdivision (i), all-county letters or similar instructions from the director by October 1, 2011, to be effective January 1, 2012. Emergency regulations to implement the applicable provisions of this act may be adopted by the director in accordance with the Administrative Procedure Act. The initial adoption of the emergency regulations and one readoption of the emergency regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare. Initial emergency regulations and the first readoption of those emergency regulations shall be exempt from review by the Office of Administrative Law. The emergency regulations authorized by this section shall be submitted to the Office of Administrative Law for filing with the Secretary of State and shall remain in effect for no more than 180 days.
SEC. 12.SEC. 8.To the extent that this act has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state or otherwise be subject to Section 6 of Article XIIIB of the California Constitution.
It is the intent of the Legislature in enacting this act to do both of the following:
(a)To ensure that a youth who was subject to a foster care order, and who has not yet been adjudged a dependent or ward of the juvenile court, on his or her 18th birthday is able to access extended foster care benefits, even if the youth was absent from his or her foster care placement on his or her birthday.
(b)To ensure that all youth who exited foster care because a guardianship was established, or because he or she was adopted, are able to reenter foster care if his or her guardian or adoptive parent dies or if the guardianship or adoptive relationship is disrupted.
SEC. 2.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 the age of 21 years. 21 years of age.
(b)(1)The court shall have within its jurisdiction any nonminor dependent, as defined in subdivision (v) of Section 11400. The If the person is a nonminor dependent because he or she attained 18 years of age while under a foster care placement order, including an order vesting temporary placement and care with the county child welfare department pursuant to Section 319, at the next regularly scheduled court hearing, the court shall vacate that hearing and shall set the hearing described in subdivision (g) of Section 366.31 within 10 court days.
(2)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. If the court terminates dependency, delinquency, or transition jurisdiction, the nonminor dependent shall remain under the general jurisdiction of the court 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, as defined in subdivision (f) of Section 11400, care at or after the age of majority, may petition the court pursuant to subdivision (e) of Section 388 to assume or resume dependency jurisdiction over himself or herself or to assume transition jurisdiction over himself or herself 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 his or her 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 his or her 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. His or her adult decisionmaking authority may be limited by and subject to the care, supervision, custody, conduct, and maintenance orders as described in Section 727.
(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 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. 3.Section 356 of the Welfare and Institutions Code is amended to read:356.(a)After hearing the evidence, the court shall make a finding, noted in the minutes of the court, whether or not the minor is a person described by Section 300 and the specific subdivisions of Section 300 under which the petition is sustained. If it finds that the minor is not such a person, it shall order that the petition be dismissed and the minor be discharged from any detention or restriction theretofore ordered. If the court finds that the minor is such a person, it shall make and enter its findings and order accordingly.
(b)If a timely appeal is taken, or other appellate relief sought, from any order dismissing a petition pursuant to subdivision (a) or Section 390, upon reversal of the order to dismiss the petition, the appellate court or the juvenile court may enter a subsequent order sustaining the petition in accordance with subdivision (a) notwithstanding that the minor has reached 18 years of age. If a court enters an order sustaining the petition pursuant to this subdivision, it shall be deemed effective as of the date of the order of dismissal from which the relief was granted.
SEC. 4.Section 366.31 of the Welfare and Institutions Code is amended to read:366.31.(a)If a review hearing is the last review hearing to be held before the minor attains 18 years of age, the court shall ensure all of the following:
(1)The minors case plan includes a plan for the minor to satisfy one or more of the participation conditions described in paragraphs (1) to (5), inclusive, of subdivision (b) of Section 11403, so that the minor is eligible to remain in foster care as a nonminor dependent.
(2)The minor has been informed of his or her right to seek termination of dependency jurisdiction pursuant to Section 391, and understands the potential benefits of continued dependency.
(3)The minor is informed of his or her right to have dependency reinstated pursuant to subdivision (e) of Section 388, and understands the potential benefits of continued dependency.
(b)At the review hearing that occurs in the six-month period prior to the minors attaining 18 years of age, and at every subsequent review hearing for the nonminor dependent, as described in subdivision (v) of Section 11400, the report shall describe all of the following:
(1)The minors and nonminors plans to remain in foster care and plans to meet one or more of the participation conditions as described in paragraphs (1) to (5), inclusive, of subdivision (b) of Section 11403 to continue to receive AFDC-FC benefits as a nonminor dependent.
(2)The efforts made and assistance provided to the minor and nonminor by the social worker or the probation officer so that the minor and nonminor will be able to meet the participation conditions.
(3)Efforts toward completing the items described in paragraph (2) of subdivision (e) of Section 391.
(c)The reviews conducted pursuant to this section for a nonminor dependent shall be conducted in a manner that respects the nonminors status as a legal adult, focused on the goals and services described in the youths transitional independent living case plan, as described in subdivision (y) of Section 11400, including efforts made to maintain connections with caring and permanently committed adults, and attended, as appropriate, by additional participants invited by the nonminor dependent.
(d)For a nonminor dependent whose case plan is continued court-ordered family reunification services pursuant to Section 361.6, the court shall consider whether the nonminor dependent may safely reside in the home of the parent or guardian. If the nonminor cannot reside safely in the home of the parent or guardian or if it is not in the nonminor dependents best interest to reside in the home of the parent or guardian, the court must consider whether to continue or terminate reunification services for the parent or legal guardian.
(1)The review report shall include a discussion of all of the following:
(A)Whether foster care placement continues to be necessary and appropriate.
(B)The likely date by which the nonminor dependent may reside safely in the home of the parent or guardian or will achieve independence.
(C)Whether the parent or guardian and nonminor dependent were actively involved in the development of the case plan.
(D)Whether the social worker or probation officer has provided reasonable services designed to aid the parent or guardian to overcome the problems that led to the initial removal of the nonminor dependent.
(E)The extent of progress the parents or guardian have made toward alleviating or mitigating the causes necessitating placement in foster care.
(F)Whether the nonminor dependent and parent, parents, or guardian are in agreement with the continuation of reunification services.
(G)Whether continued reunification services are in the best interest of the nonminor dependent.
(H)Whether there is a substantial probability that the nonminor dependent will be able to safely reside in the home of the parent or guardian by the next review hearing date.
(I)The efforts to maintain the nonminors connections with caring and permanently committed adults.
(J)The agencys compliance with the nonminor dependents transitional independent living case plan, including efforts to finalize the nonminors permanent plan and prepare the nonminor dependent for independence.
(K)The progress in providing the information and documents to the nonminor dependent as described in Section 391.
(2)The court shall inquire about the progress being made to provide a permanent home for the nonminor, shall consider the safety of the nonminor dependent, and shall determine all of the following:
(A)The continuing necessity for, and appropriateness of, the placement.
(B)Whether the agency has made reasonable efforts to maintain relationships between the nonminor dependent and individuals who are important to the nonminor dependent.
(C)The extent of the agencys compliance with the case plan in making reasonable efforts or, in the case of an Indian child, active efforts, as described in Section 361.7, to create a safe home of the parent or guardian for the nonminor to reside in or to complete whatever steps are necessary to finalize the permanent placement of the nonminor dependent.
(D)The extent of the agencys compliance with the nonminor dependents transitional independent living case plan, including efforts to finalize the youths permanent plan and prepare the nonminor dependent for independence.
(E)The adequacy of services provided to the parent or guardian and to the nonminor dependent. The court shall consider the progress in providing the information and documents to the nonminor dependent as described in Section 391. The court shall also consider the need for, and progress in providing, the assistance and services described in Section 391.
(F)The extent of progress the parents or legal guardians have made toward alleviating or mitigating the causes necessitating placement in foster care.
(G)The likely date by which the nonminor dependent may safely reside in the home of the parent or guardian or, if the court is terminating reunification services, the likely date by which it is anticipated the nonminor dependent will achieve independence, or, for an Indian child, in consultation with the childs tribe, placed for tribal customary adoption.
(H)Whether the agency has made reasonable efforts as required in subparagraph (D) of paragraph (1) of subdivision (a) of Section 366 to establish or maintain the nonminor dependents relationship with his or her siblings who are under the juvenile courts jurisdiction.
(I)The services needed to assist the nonminor dependent to make the transition from foster care to successful adulthood.
(J)Whether or not reasonable efforts to make and finalize a permanent placement for the nonminor have been made.
(3)If the court determines that a nonminor dependent may safely reside in the home of the parent or former guardian, the court may order the nonminor dependent to return to the family home. After the nonminor dependent returns to the family home, the court may terminate jurisdiction and proceed under applicable provisions of Section 391 or continue jurisdiction as a nonminor under subdivision (a) of Section 303 and hold hearings as follows:
(A)At every hearing for a nonminor dependent residing in the home of the parent or guardian, the court shall set a hearing within six months of the previous hearing. The court shall advise the parties of their right to be present. At least 10 calendar days before the hearing, the social worker or probation officer shall file a report with the court describing the services offered to the family and the progress made by the family in eliminating the conditions or factors requiring court supervision. The report shall address all of the following:
(i)Whether the parent or guardian and the nonminor dependent were actively involved in the development of the case plan.
(ii)Whether the social worker or probation officer has provided reasonable services to eliminate the need for court supervision.
(iii)The progress of providing information and documents to the nonminor dependent as described in Section 391.
(B)The court shall inquire about progress being made, shall consider the safety of the nonminor dependent, and shall determine all of the following:
(i)The continuing need for court supervision.
(ii)The extent of the agencys compliance with the case plan in making reasonable efforts to maintain a safe family home for the nonminor dependent.
(C)If the court finds that court supervision is no longer necessary, the court shall terminate jurisdiction under applicable provisions of Section 391.
(e)For a nonminor dependent who is no longer receiving court-ordered family reunification services and is in a permanent plan of another planned permanent living arrangement, at the review hearing held every six months pursuant to subdivision (d) of Section 366.3, the reviewing body shall inquire about the progress being made to provide permanent connections with caring, committed adults for the nonminor dependent, shall consider the safety of the nonminor, shall consider the transitional independent living case plan, and shall determine all of the following:
(1)The continuing necessity for, and appropriateness of, the placement.
(2)The continuing appropriateness and extent of compliance with the permanent plan for the nonminor dependent, including efforts to identify and maintain relationships with individuals who are important to the nonminor dependent.
(3)The extent of the agencys compliance with the nonminor dependents transitional independent living case plan, including whether or not reasonable efforts have been made to make and finalize the youths permanent plan and prepare the nonminor dependent for independence.
(4)Whether a prospective adoptive parent has been identified and assessed as appropriate for the nonminor dependents adoption under this section, whether the prospective adoptive parent has been informed about the terms of the written negotiated adoption assistance agreement pursuant to Section 16120, and whether adoption should be ordered as the nonminor dependents permanent plan. If nonminor dependent adoption is ordered as the nonminor dependents permanent plan, a hearing pursuant to subdivision (f) shall be held within 60 days. When the court orders a hearing pursuant to subdivision (f), it shall direct the agency to prepare a report that shall include the provisions of paragraph (5) of subdivision (f).
(5)For the nonminor dependent who is an Indian child, whether, in consultation with the nonminors tribe, the nonminor should be placed for tribal customary adoption.
(6)The adequacy of services provided to the nonminor dependent. The court shall consider the progress in providing the information and documents to the nonminor dependent as described in Section 391. The court shall also consider the need for, and progress in providing, the assistance and services described in Section 391.
(7)The likely date by which it is anticipated the nonminor dependent will achieve adoption or independence.
(8)Whether the agency has made reasonable efforts as required in subparagraph (D) of paragraph (1) of subdivision (a) of Section 366 to establish or maintain the nonminor dependents relationship with his or her siblings who are under the juvenile courts jurisdiction.
(9)The services needed to assist the nonminor dependent to make the transition from foster care to successful adulthood.
(10)When the hearing described in this subdivision is held pursuant to paragraph (3) or (4) of subdivision (d) of Section 366.3, and the nonminor dependent has a permanent plan of another planned permanent living arrangement, the court shall do all of the following:
(A)Ask the nonminor dependent about his or her desired permanency outcome.
(B)Make a judicial determination explaining why, as of the hearing date, another planned permanent living arrangement is the best permanency plan for the nonminor dependent.
(C)State for the record the compelling reason or reasons why it continues not to be in the best interest of the nonminor dependent to return home, be placed for adoption, be placed for tribal customary adoption in the case of an Indian child, be placed with a legal guardian, or be placed with a fit and willing relative.
(f)(1)At a hearing to consider a permanent plan of adoption for a nonminor dependent, the court shall read and consider the report in paragraph (5) and receive other evidence that the parties may present. A copy of the executed negotiated agreement shall be attached to the report. If the court finds pursuant to this section that nonminor dependent adoption is the appropriate permanent plan, it shall make findings and orders to do the following:
(A)Approve the adoption agreement and declare the nonminor dependent is the adopted child of the adoptive parent, and that the nonminor dependent and adoptive parents agree to assume toward each other the legal relationship of parents and child and to have all of the rights and be subject to all of the duties and responsibilities of that relationship.
(B)Declare that the birth parents of the nonminor dependent are, from the time of the adoption, relieved of all parental duties toward, and responsibility for, the adopted nonminor dependent and have no rights over the adopted nonminor dependent.
(2)If the court finds that the nonminor dependent and the prospective adoptive parent have mutually consented to the adoption, the court may enter the adoption order after it determines all of the following:
(A)Whether the notice was given as required by law.
(B)Whether the nonminor dependent and prospective adoptive parent are present for the hearing.
(C)Whether the court has read and considered the assessment prepared by the social worker or probation officer.
(D)Whether the court considered the wishes of the nonminor dependent.
(E)If the nonminor dependent is eligible, the prospective adoptive parent has signed the negotiated adoption assistance agreement pursuant to subdivision (g) of Section 16120, and whether a copy of the executed negotiated agreement is attached to the report.
(F)Whether the adoption is in the best interest of the nonminor dependent.
(3)If the court orders the establishment of the nonminor dependent adoption, it shall dismiss dependency or transitional jurisdiction.
(4)If the court does not order the establishment of the nonminor dependent adoption, the nonminor dependent shall remain in a planned permanent living arrangement subject to periodic review of the juvenile court pursuant to this section.
(5)At least 10 calendar days before the hearing, the social worker or probation officer shall file a report with the court and provide a copy of the report to all parties. The report shall describe the following:
(A)Whether or not the nonminor dependent has any developmental disability and whether the proposed adoptive parent is suitable to meet the needs of the nonminor dependent.
(B)The length and nature of the relationship between the prospective adoptive parent and the nonminor dependent, including whether the prospective adoptive parent has been determined to have been established as the nonminors permanent connection.
(C)Whether the nonminor dependent has been determined to be eligible for the adoption assistance program and, if so, whether the prospective adoptive parent has signed the negotiated adoption assistance agreement pursuant to subdivision (g) of Section 16120.
(D)Whether a copy of the executed negotiated agreement is attached to the report.
(E)Whether criminal background clearances were completed for the prospective adoptive parent as required by Section 671(a)(20)(A) and (a)(20)(C) of Title 42 of the United States Code.
(F)Whether the prospective adoptive parent who is married and not legally separated from that spouse has the consent of the spouse, provided that the spouse is capable of giving that consent.
(G)Whether the adoption of the nonminor dependent is in the best interests of the nonminor dependent and the prospective adoptive parent.
(H)Whether the nonminor dependent and the prospective adoptive parent have mutually consented to the adoption.
(6)The social worker or probation officer shall serve written notice of the hearing in the manner and to the persons set forth in Section 295, including the prospective adoptive parent or parents, except that notice to the nonminors birth parents is not required.
(7)Nothing in this section shall prevent a nonminor dependent from filing an adoption petition pursuant to Section 9300 of the Family Code.
(g)If this is the first hearing for a nonminor dependent who attained 18 years of age while under a foster care placement order vesting temporary placement and care with the county child welfare department pursuant to Section 319, the court shall do all of the following:
(1)Determine whether it is in the nonminor dependents best interest to remain in foster care.
(2)Order that the nonminor dependents placement and care is the responsibility of the county child welfare services department.
(3)Determine whether the nonminor dependent intends to satisfy at least one of eligibility criteria specified in Section 11403.
(A)If the nonminor dependent intends to satisfy at least one of the eligibility criteria specified in Section 11403, set a review hearing under this section within six months.
(B)If the nonminor dependant does not intend to satisfy at least one of the eligibility criteria in Section 11403, set a hearing under Section 391.
(g)(h)Each licensed foster family agency shall submit reports for each nonminor dependent in its care to the court concerning the continuing appropriateness and extent of compliance with the nonminor dependents permanent plan, the extent of compliance with the transitional independent living case plan, and the type and adequacy of services provided to the nonminor dependent. The report shall document that the nonminor has received all the information and documentation described in paragraph (2) of subdivision (e) of Section 391. If the court is considering terminating dependency jurisdiction for a nonminor dependent it shall first hold a hearing pursuant to Section 391.
(h)(i)When the nonminor dependent is in another planned permanent living arrangement, the social study prepared for the hearing held under subdivision (e) shall include a description of all of the following:
(1)The intensive and ongoing efforts to return the nonminor dependent to the home of the parent, place the nonminor dependent for adoption, or place the nonminor dependent with a fit and willing relative, as appropriate.
(2)The steps taken to do both of the following:
(A)Ensure that the nonminor dependents care provider is following the reasonable and prudent parent standard.
(B)Determine whether the nonminor dependent has regular, ongoing opportunities to engage in age or developmentally appropriate activities, including consulting with the nonminor dependent about opportunities for the nonminor dependent to participate in those activities.
SEC. 3.SEC. 5.Section 388 of the Welfare and Institutions Code is amended to read:388.(a)(1)Any parent or other person having an interest in a child who is a dependent child of the juvenile court or a nonminor dependent as defined in subdivision (v) of Section 11400, or the child himself or herself or the nonminor dependent through a properly appointed guardian may, upon grounds of change of circumstance or new evidence, petition the court in the same action in which the child was found to be a dependent child of the juvenile court or in which a guardianship was ordered pursuant to Section 360 for a hearing to change, modify, or set aside any order of court previously made or to terminate the jurisdiction of the court. The petition shall be verified and, if made by a person other than the child or the nonminor dependent shall state the petitioners relationship to or interest in the child or the nonminor dependent and shall set forth in concise language any change of circumstance or new evidence that is alleged to require the change of order or termination of jurisdiction.
(2)When any party, including a child who is a dependent of the juvenile court, petitions the court prior to an order terminating parental rights, to modify the order that reunification services were not needed pursuant to paragraphs (4), (5), and (6) of subdivision (b) of Section 361.5, or to modify any orders related to custody or visitation of the subject child, and the court orders a hearing pursuant to subdivision (d), the court shall modify the order that reunification services were not needed pursuant to paragraphs (4), (5), and (6) of subdivision (b) of Section 361.5, or any orders related to the custody or visitation of the child for whom reunification services were not ordered pursuant to paragraphs (4), (5), and (6) of subdivision (b) of Section 361.5, only if the court finds by clear and convincing evidence that the proposed change is in the best interests of the child.
(b)(1)Any person, including a child or a nonminor dependent who is a dependent of the juvenile court, may petition the court to assert a relationship as a sibling related by blood, adoption, or affinity through a common legal or biological parent to a child who is, or is the subject of a petition for adjudication as, a dependent of the juvenile court, and may request visitation with the dependent child, placement with or near the dependent child, or consideration when determining or implementing a case plan or permanent plan for the dependent child or make any other request for an order which may be shown to be in the best interest of the dependent child.
(2)A child or nonminor dependent who is a dependent of the juvenile court may petition the court to assert a relationship as a sibling related by blood, adoption, or affinity through a common legal or biological parent to a child who is in the physical custody of a common legal or biological parent, and may request visitation with the nondependent sibling in parental custody.
(3)Pursuant to subdivision (b) of Section 16002, a request for sibling visitation may be granted unless it is determined by the court that sibling visitation is contrary to the safety and well-being of any of the siblings.
(4)The court may appoint a guardian ad litem to file the petition for a dependent child asserting a sibling relationship pursuant to this subdivision if the court determines that the appointment is necessary for the best interests of the dependent child. The petition shall be verified and shall set forth the following:
(A)Through which parent he or she is related to the sibling.
(B)Whether he or she is related to the sibling by blood, adoption, or affinity.
(C)The request or order that the petitioner is seeking.
(D)Why that request or order is in the best interest of the dependent child.
(c)(1)Any party, including a child who is a dependent of the juvenile court, may petition the court, prior to the hearing set pursuant to subdivision (f) of Section 366.21 for a child described by subparagraph (A) of paragraph (1) of subdivision (a) of Section 361.5, or prior to the hearing set pursuant to subdivision (e) of Section 366.21 for a child described by subparagraph (B) or (C) of paragraph (1) of subdivision (a) of Section 361.5, to terminate court-ordered reunification services provided under subdivision (a) of Section 361.5 only if one of the following conditions exists:
(A)It appears that a change of circumstance or new evidence exists that satisfies a condition set forth in subdivision (b) or (e) of Section 361.5 justifying termination of court-ordered reunification services.
(B)The action or inaction of the parent or guardian creates a substantial likelihood that reunification will not occur, including, but not limited to, the parents or guardians failure to visit the child, or the failure of the parent or guardian to participate regularly and make substantive progress in a court-ordered treatment plan.
(2)In determining whether the parent or guardian has failed to visit the child or participate regularly or make progress in the treatment plan, the court shall consider factors that include but are not limited to, the parents or guardians incarceration, institutionalization, detention by the United States Department of Homeland Security, deportation, or participation in a court-ordered residential substance abuse treatment program.
(3)The court shall terminate reunification services during the above-described time periods only upon a finding by a preponderance of evidence that reasonable services have been offered or provided, and upon a finding of clear and convincing evidence that one of the conditions in subparagraph (A) or (B) of paragraph (1) exists.
(4)Any party, including a nonminor dependent, as defined in subdivision (v) of Section 11400, may petition the court prior to the review hearing set pursuant to subdivision (d) of Section 366.31 to terminate the continuation of court-ordered family reunification services for a nonminor dependent who has attained 18 years of age. The court shall terminate family reunification services to the parent or guardian if the nonminor dependent or parent or guardian are not in agreement that the continued provision of court-ordered family reunification services is in the best interests of the nonminor dependent.
(5)If the court terminates reunification services, it shall order that a hearing pursuant to Section 366.26 be held within 120 days. On and after January 1, 2012, a hearing pursuant to Section 366.26 shall not be ordered if the child is a nonminor dependent. The court may order a nonminor dependent who is otherwise eligible to AFDC-FC benefits pursuant to Section 11403 to remain in a planned, permanent living arrangement.
(d)If it appears that the best interests of the child or the nonminor dependent may be promoted by the proposed change of order, modification of reunification services, custody, or visitation orders concerning a child for whom reunification services were not ordered pursuant to paragraphs (4), (5), and (6) of subdivision (b) of Section 361.5, recognition of a sibling relationship, termination of jurisdiction, or clear and convincing evidence supports revocation or termination of court-ordered reunification services, the court shall order that a hearing be held and shall give prior notice, or cause prior notice to be given, to the persons and in the manner prescribed by Section 386, and, in those instances in which the manner of giving notice is not prescribed by those sections, then in the manner the court prescribes.
(e)(1)A nonminor who attained 18 years of age while under an order for foster care, as defined in subdivision (f) of Section 11400, and who has not attained 21 years of age, or as described in Section 10103.5, for whom the court has retained general jurisdiction under subdivision (b) of Section 303, or the county child welfare services, probation department, or tribal placing agency on behalf of the nonminor, may petition the court in the same action in which the child was found to be a dependent or delinquent child of the juvenile court, or in which the court made the findings described in subdivisions (b) and (d) of Section 319 or the findings described in subdivision (d) of Section 636, for a hearing to assume or resume dependency jurisdiction over a former dependent or to assume or resume transition jurisdiction over a former delinquent ward pursuant to Section 450. The(e)(1)(A)Either of the following individuals or entities may petition the court in the same action in which the child was found to be a dependent or delinquent child of the juvenile court, or in which the court issued an order vesting temporary placement and care with the county child welfare department pursuant to Section 319, for a hearing to assume or resume dependency jurisdiction over a former dependent or to assume or resume transition jurisdiction over a former delinquent ward pursuant to Section 450:
(i)A nonminor who attained 18 years of age while under a foster care placement order, including an order vesting temporary placement and care with the county child welfare department pursuant to Section 319, and has not attained 21 years of age.
(ii)The county child welfare services, probation department, or tribal placing agency on behalf of the nonminor.
(B)The petition shall be filed within the period that the nonminor is of the age described in this paragraph. If the nonminor has completed the voluntary reentry agreement, as described in subdivision (z) of Section 11400, with the placing agency, the agency shall file the petition on behalf of the nonminor within 15 judicial days of the date the agreement was signed unless the nonminor elects to file the petition at an earlier date.
(C)The petition may be brought notwithstanding a court order vacating the adjudication pursuant to Section 236.14 of the Penal Code.
(2)(A)The petition to resume jurisdiction may be filed in the juvenile court that retains general jurisdiction under subdivision (b) of Section 303, or the petition may be submitted to the juvenile court in the county where the youth resides and forwarded to the juvenile court that retained general jurisdiction and filed with that court. The juvenile court having general jurisdiction under Section 303 shall receive the petition from the court where the petition was submitted within five court days of its submission, if the petition is filed in the county of residence. The juvenile court that retained general jurisdiction shall order that a hearing be held within 15 judicial days of the date the petition was filed if there is a prima facie showing that the nonminor satisfies the following criteria:
(i)He or she was previously under juvenile court jurisdiction, or the court previously made the findings described in subdivisions (b) and (d) of Section 319 or the findings described in subdivision (d) of Section 636 regarding him or her, and was an order for foster care, as defined in subdivision (f) of Section 11400, under a foster care placement order, including an order vesting temporary placement and care with the county child welfare department pursuant to Section 319, when he or she attained 18 years of age, and has not attained 21 years of age.
(ii)He or she intends to satisfy at least one of the conditions set forth in paragraphs (1) to (5), inclusive, of subdivision (b) of Section 11403.
(iii)He or she wants assistance either in maintaining or securing appropriate supervised placement, or is in need of immediate placement and agrees to supervised placement pursuant to the voluntary reentry agreement as described in subdivision (z) of Section 11400.
(B)Upon ordering a hearing, the court shall give prior notice, or cause prior notice to be given, to the persons and by the means prescribed by Section 386, except that notice to parents or former guardians shall not be provided unless the nonminor requests, in writing on the face of the petition, notice to the parents or former guardians.
(3)The Judicial Council, by January 1, 2012, shall adopt rules of court to allow for telephonic appearances by nonminor former dependents or delinquents in these proceedings, and for telephonic appearances by nonminor dependents in any proceeding in which the nonminor dependent is a party, and he or she declines to appear and elects a telephonic appearance.
(4)Prior to the hearing on a petition to assume or resume dependency jurisdiction or to assume or resume transition jurisdiction, the court shall order the county child welfare or probation department to prepare a report for the court addressing whether the nonminor intends to satisfy at least one of the criteria set forth in subdivision (b) of Section 11403. When the recommendation is for the nonminor dependent to be placed in a setting where minor dependents also reside, the results of a background check of the petitioning nonminor conducted pursuant to Section 16504.5, may be used by the placing agency to determine appropriate placement options for the nonminor. The existence of a criminal conviction is not a bar to eligibility for reentry or resumption of dependency jurisdiction or the assumption or resumption of transition jurisdiction over a nonminor.
(5)(A)The court shall assume or resume dependency jurisdiction over a former dependent or assume or resume transition jurisdiction over a former delinquent ward pursuant to Section 450, and order that the nonminors placement and care be under the responsibility of the county child welfare services department, the probation department, tribe, consortium of tribes, or tribal organization, if the court finds all of the following:
(i)The nonminor was previously under juvenile court jurisdiction, or the court previously made the findings described in subdivisions (b) and (d) of Section 319 or the findings described in subdivision (d) of Section 636 regarding him or her, and was under an order of foster care, as defined in subdivision (f) of Section 11400, under a foster care placement order, including an order vesting temporary placement and care with the county child welfare department pursuant to Section 319, when he or she attained 18 years of age.
(ii)The nonminor has not attained 21 years of age.
(iii)Reentry and remaining in foster care are in the nonminors best interests.
(iv)The nonminor intends to satisfy, and agrees to satisfy, at least one of the criteria set forth in paragraphs (1) to (5), inclusive, of subdivision (b) of Section 11403, and demonstrates his or her agreement to placement in a supervised setting under the placement and care responsibility of the placing agency and to satisfy the criteria by signing the voluntary reentry agreement as described in subdivision (z) of Section 11400.
(B)In no event shall the court grant a continuance that would cause the hearing to assume or resume dependency jurisdiction or to assume or resume transition jurisdiction to be completed more than 120 days after the date the petition was filed.
(C)The agency made responsible for the nonminors placement and care pursuant to subparagraph (A) shall prepare a new transitional independent living case plan within 60 calendar days from the date the nonminor signed the voluntary reentry agreement as described in subdivision (z) of Section 11400 and submit it to the court for the review hearing under Section 366.31, to be held within 70 days of the assumption or resumption of dependency jurisdiction or assumption or resumption of transition jurisdiction. In no event shall the review hearing under Section 366.3 be held more than 170 calendar days from the date the nonminor signed the voluntary reentry agreement.
SEC. 4.SEC. 6.Section 388.1 of the Welfare and Institutions Code is amended to read:388.1.(a)On and after January 1, 2014, a nonminor who has not attained 21 years of age may petition the court in which he or she was previously found to be a dependent or delinquent child of the juvenile court for a hearing to determine whether to assume dependency jurisdiction over the nonminor, if he or she meets any of the following descriptions:
(1)He or she is a nonminor former dependent, as defined in subdivision (aa) of Section 11400, who received, or was eligible to receive receive, aid after attaining 18 years of age under Kin-GAP pursuant to Article 4.5 (commencing with Section 11360) or Article 4.7 (commencing with Section 11385) of Chapter 2 of Part 3 of Division 9, or pursuant to subdivision (e) of Section 11405, and whose former guardian or guardians died after the nonminor attained 18 years of age, but before he or she attains 21 years of age.
(2)He or she is a nonminor former dependent, as defined in subdivision (aa) of Section 11400, who received, or was eligible to receive receive, aid after attaining 18 years of age under Kin-GAP pursuant to Article 4.5 (commencing with Section 11360) or Article 4.7 (commencing with Section 11385) of Chapter 2 of Part 3 of Division 9, or pursuant to subdivision (e) of Section 11405, and whose former guardian or guardians no longer provide ongoing support to, and no longer receive aid on behalf of, to the nonminor after the nonminor attained 18 years of age, but before he or she attains 21 years of age.
(3)He or she is a nonminor who received, or was eligible to receive receive, adoption assistance payments after attaining 18 years of age pursuant to Chapter 2.1 (commencing with Section 16115) of Part 4 of Division 9 and his or her adoptive parent or parents died after the nonminor attained 18 years of age, but before he or she attains 21 years of age.
(4)He or she is a nonminor who received, or was eligible to receive receive, adoption assistance payments after attaining 18 years of age pursuant to Chapter 2.1 (commencing with Section 16115) of Part 4 of Division 9 and his or her adoptive parent or parents no longer provide ongoing support to, and no longer receive benefits on behalf of, to the nonminor after the nonminor attained 18 years of age, but before he or she attains 21 years of age.
(b)(1)The petition to assume jurisdiction may be filed in either of the following:
(A)The juvenile court that established the guardianship pursuant to Section 360, Section 366.26, or subdivision (d) of Section 728.
(B)The juvenile court that had jurisdiction over the minor or nonminor dependent when his or her adoption was finalized.
(2)A nonminor described in subdivision (a) may submit a petition to assume dependency jurisdiction to the juvenile court in the county where he or she resides. A petition submitted pursuant to this paragraph shall, within five days of submission, be forwarded to the court that had jurisdiction over the child at the time of the guardianship or adoption. The clerk of the court that had jurisdiction over the child at the time of the guardianship or adoption shall file the petition within one judicial day of receipt.
(c)(1)The juvenile court in which the petition was filed shall order a hearing to be held within 15 judicial days of the date the petition was filed if there is a prima facie showing that the nonminor satisfies all of the following criteria:
(A)He or she was a minor under juvenile court jurisdiction at the time of the establishment of a guardianship pursuant to Section 360, Section 366.26, or subdivision (d) of Section 728, or he or she was a minor or nonminor dependent when his or her adoption was finalized.
(B)(i)His or her guardian or guardians, or adoptive parent or parents, as applicable, died after the nonminor attained 18 years of age, but before he or she attained 21 years of age.
(ii)His or her guardian or guardians, or adoptive parent or parents, as applicable, no longer provide ongoing support to, and no longer receive payment on behalf of, to the nonminor after the nonminor attained 18 years of age, but before he or she attained 21 years of age, and it may be in the nonminors best interest for the court to assume dependency jurisdiction.
(C)He or she intends to satisfy at least one of the conditions set forth in paragraphs (1) to (5), inclusive, of subdivision (b) of Section 11403.
(D)He or she is requesting assistance in maintaining or securing appropriate supervised placement, or needs immediate placement and agrees to supervised placement pursuant to the voluntary reentry agreement described in subdivision (z) of Section 11400.
(2)Upon ordering a hearing, the court shall give prior notice, or cause prior notice to be given, at least three days before the hearing, to the nonminor, the appropriate child welfare agency or probation department, the nonminors adoptive parent or parents, the nonminors guardian or guardians, and any other person requested by the nonminor in the petition.
(3)Pursuant to applicable rules of court, the juvenile court shall allow for telephonic appearances by the nonminor in these proceedings and in any proceeding in which the nonminor dependent is a party.
(4)Prior to the hearing, the court shall order the county child welfare or probation department to prepare a report for the court that addresses both of the following:
(A)The nonminors plans to satisfy at least one of the criteria set forth in paragraphs (1) to (5), inclusive, of subdivision (b) of Section 11403.
(B)The appropriate placement setting for the nonminor. When the recommendation is for the nonminor to be placed in a setting where minor dependents also reside, the results of a background check of the petitioning nonminor conducted pursuant to Section 16504.5 may be used by the placing agency to determine appropriate placement options for him or her.
(5)The court shall assume dependency jurisdiction over a former dependent or ward, and order his or her placement and care be under the responsibility of the county child welfare services department, the probation department, tribe, consortium of tribes, or tribal organization, if the court finds all of the following:
(A)The nonminor was a minor under juvenile court jurisdiction at the time of the establishment of a guardianship pursuant to Section 360, Section 366.26, or subdivision (d) of Section 728, or he or she was a dependent at the time his or her adoption was finalized.
(B)The nonminors guardian or guardians, or adoptive parent or parents, as applicable, have died, or no longer provide ongoing support to, and no longer receive payment on behalf of, to the nonminor, and it is in the nonminors best interests for the court to assume dependency jurisdiction.
(C)The nonminor has not attained 21 years of age.
(D)Reentry and remaining in foster care are in the nonminors best interests.
(E)The nonminor intends to satisfy, and agrees to satisfy, at least one of the criteria set forth in paragraphs (1) to (5), inclusive, of subdivision (b) of Section 11403, and demonstrates his or her agreement to placement in a supervised setting under the placement and care responsibility of the placing agency by signing the voluntary reentry agreement described in subdivision (z) of Section 11400.
(6)The existence of a criminal conviction is not a bar to eligibility for reentry to foster care or assumption of dependency jurisdiction over a nonminor.
(7)The court shall not grant a continuance that would cause the hearing to be completed more than 120 days after the date the petition is filed.
(d)The agency made responsible for the nonminors placement and care pursuant to paragraph (5) of subdivision (c) shall prepare a new transitional independent living case plan within 60 calendar days of the date the nonminor signs the voluntary reentry agreement and shall submit the plan to the court for the review hearing specified in Section 366.31, to be held within 70 days of the assumption of dependency jurisdiction. The review hearing under Section 366.31 shall not be held more than 170 calendar days from the date the nonminor signs the voluntary reentry agreement.
(e)(1) A nonminor described in subdivision (a) may enter into a voluntary reentry agreement as defined in subdivision (z) of Section 11400 in order to establish eligibility for foster care benefits under subdivision (e) of Section 11401 before or after filing a petition to assume dependency jurisdiction. jurisdiction, if the nonminors guardian or guardians, or adoptive parent or parents, as applicable, have died or are no longer providing ongoing support. If the nonminor enters into a voluntary reentry agreement prior to filing the petition, the nonminor is entitled to placement and supervision pending the courts assumption of jurisdiction.
(2)If the nonminor completes a voluntary reentry agreement with a placing agency, the placing agency shall file the petition to assume dependency jurisdiction on behalf of the nonminor within 15 judicial days of the date the agreement is signed, unless the nonminor elects to file the petition at an earlier date.
SEC. 7.Section 450 of the Welfare and Institutions Code is amended to read:450.(a)A minor or nonminor who satisfies all of the following criteria is within the transition jurisdiction of the juvenile court:
(1)(A)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 on and after January 1, 2012, has not attained 19 years of age, or, commencing January 1, 2013, 20 years of age, or, commencing January 1, 2014, 21 years of age.
(B)Notwithstanding subparagraph (A), the nonminor is a ward who has been receiving aid pursuant to Article 5 (commencing with Section 11400) of Chapter 2 of Part 3 of Division 9 between January 1, 2012, and December 31, 2012, and attains 19 years of age prior to January 1, 2013, or who has been receiving that aid between January 1, 2013, and December 31, 2013, and attains 20 years of age prior to January 1, 2014, and who may continue to receive aid under the applicable program, provided that the nonminor dependent continues to meet all other applicable eligibility requirements as specified in Section 11403.(B)The minor or nonminor met or would meet the criteria in subparagraph (A), but for the fact that the underlying adjudication was vacated pursuant to Section 236.14 of the Penal Code, and he or she has not attained 21 years of age.
(2)The ward meets either any of the following conditions:
(A)The ward was removed from the physical custody of his or her parents or legal guardian, adjudged to be a ward of the juvenile court under Section 725, and ordered into foster care placement as a ward.
(B)The ward was removed from the custody of his or her parents or legal guardian as a dependent of the court with an order for foster care placement as a dependent in effect at the time the court adjudged him or her to be a ward of the juvenile court under Section 725.
(C)The minor or nonminor met or would meet the conditions described in subparagraph (A) or (B), but for the fact that the underlying adjudication was vacated pursuant to Section 236.14 of the Penal Code, and he or she has not attained 21 years of age.
(3)The rehabilitative goals of the minor or nonminor, as set forth in the case plan, have been met, and juvenile court jurisdiction over the minor or nonminor as a ward is no longer required. required, or the underlying adjudication was vacated pursuant to Section 236.14 of the Penal Code.
(4)(A)If the ward is a minor, reunification services have been terminated; the matter has not been set for a hearing for termination of parental rights pursuant to Section 727.3 or for the establishment of guardianship pursuant to Section 728; the return of the child to the physical custody of the parents or legal guardian would create a substantial risk of detriment to the childs safety, protection, or physical or emotional well-being; and the minor has indicated an intent to sign a mutual agreement, as described in subdivision (u) of Section 11400, with the responsible agency for placement in a supervised setting as a nonminor dependent.
(B)If the ward is a nonminor, he or she has signed a mutual agreement, as described in subdivision (u) of Section 11400, with the responsible agency for placement in a supervised setting as a nonminor dependent or has signed a voluntary reentry agreement, as described in subdivision (z) of Section 11400 for placement in a supervised setting as a nonminor dependent. A runaway and homeless youth shelter licensed by the State Department of Social Services pursuant to Section 1502.35 of the Health and Safety Code shall not be a placement option pursuant to this section.
(b)A minor who is subject to the courts transition jurisdiction shall be referred to as a transition dependent.
(c)A youth subject to the courts transition jurisdiction who is 18 years of age or older shall be referred to as a nonminor dependent.
SEC. 8.Section 451 of the Welfare and Institutions Code is amended to read:451.(a)At a hearing during which termination of jurisdiction over a ward is considered, the court may, as an alternative to termination of jurisdiction, modify its order of jurisdiction and assume transition jurisdiction over the ward pursuant to Section 450. The court may also assume transition jurisdiction over a ward, transition dependent, or nonminor dependent whose adjudication is vacated pursuant to Section 236.14 of the Penal Code.
(b)A minor or a nonminor who is subject to the courts transition jurisdiction shall not be subject to any terms or conditions of probation, and his or her case shall be managed as a dependent child of the court or as a nonminor dependent of the court.
(c)Each county shall modify its protocol for Section 241.1 to include a provision to determine whether the child welfare services department or the probation department shall supervise persons subject to the courts transition jurisdiction. jurisdiction, including persons who obtained a court order vacating the adjudication pursuant to Section 236.14 of the Penal Code. For a minor, this supervision shall comply with the requirements and procedures set forth in this code for dependent children. For a nonminor, this supervision shall comply with the provisions set forth in this code that specifically apply to nonminor dependents.
(d)The court shall appoint counsel, pursuant to Section 317, for minors and nonminors subject to the courts transition jurisdiction. The court shall, to the extent feasible given local court circumstances, provide for continuity of representation for the minor or nonminor from delinquency jurisdiction to transition jurisdiction pursuant to Section 450 by the attorney appointed to represent the minor or nonminor pursuant to Section 634.
SEC. 5.SEC. 9.Section 11400 of the Welfare and Institutions Code is amended to read:11400.For purposes of this article, the following definitions shall apply:
(a)Aid to Families with Dependent Children-Foster Care (AFDC-FC) means the aid provided on behalf of needy children in foster care under the terms of this division.
(b)Case plan means a written document that, at a minimum, specifies the type of home in which the child shall be placed, the safety of that home, and the appropriateness of that home to meet the childs needs. It shall also include the agencys plan for ensuring that the child receive proper care and protection in a safe environment, and shall set forth the appropriate services to be provided to the child, the childs family, and the foster parents, in order to meet the childs needs while in foster care, and to reunify the child with the childs family. In addition, the plan shall specify the services that will be provided or steps that will be taken to facilitate an alternate permanent plan if reunification is not possible.
(c)Certified family home means an individual or family certified by a licensed foster family agency and issued a certificate of approval by that agency as meeting licensing standards, and used exclusively by that foster family agency for placements.
(d)Family home means the family residence of a licensee in which 24-hour care and supervision are provided for children.
(e)Small family home means any residential facility, in the licensees family residence, which provides 24-hour care for six or fewer foster children who have mental disorders or developmental or physical disabilities and who require special care and supervision as a result of their disabilities.
(f)Foster care means the 24-hour out-of-home care provided to children whose own families are unable or unwilling to care for them, and who are in need of temporary or long-term substitute parenting.
(g)Foster family agency means a licensed community care facility, as defined in paragraph (4) of subdivision (a) of Section 1502 of the Health and Safety Code. Private foster family agencies shall be organized and operated on a nonprofit basis.
(h)Group home means a nondetention privately operated residential home, organized and operated on a nonprofit basis only, of any capacity, or a nondetention licensed residential care home operated by the County of San Mateo with a capacity of up to 25 beds, that accepts children in need of care and supervision in a group home, as defined by paragraph (13) of subdivision (a) of Section 1502 of the Health and Safety Code.
(i)Periodic review means review of a childs status by the juvenile court or by an administrative review panel, that shall include a consideration of the safety of the child, a determination of the continuing need for placement in foster care, evaluation of the goals for the placement and the progress toward meeting these goals, and development of a target date for the childs return home or establishment of alternative permanent placement.
(j)Permanency planning hearing means a hearing conducted by the juvenile court in which the childs future status, including whether the child shall be returned home or another permanent plan shall be developed, is determined.
(k)Placement and care refers to the responsibility for the welfare of a child vested in an agency or organization by virtue of the agency or organization having (1) been delegated care, custody, and control of a child by the juvenile court, (2) taken responsibility, pursuant to a relinquishment or termination of parental rights on a child, (3) taken the responsibility of supervising a child detained by the juvenile court pursuant to Section 319 or 636, or (4) signed a voluntary placement agreement for the childs placement; or to the responsibility designated to an individual by virtue of his or her being appointed the childs legal guardian.
(l)Preplacement preventive services means services that are designed to help children remain with their families by preventing or eliminating the need for removal.
(m)Relative means an adult who is related to the child by blood, adoption, or affinity within the fifth degree of kinship, including stepparents, stepsiblings, and all relatives whose status is preceded by the words great, great-great, or grand or the spouse of any of these persons even if the marriage was terminated by death or dissolution.
(n)Nonrelative extended family member means an adult caregiver who has an established familial or mentoring relationship with the child, as described in Section 362.7.
(o)Voluntary placement means an out-of-home placement of a child by (1) the county welfare department, probation department, or Indian tribe that has entered into an agreement pursuant to Section 10553.1, after the parents or guardians have requested the assistance of the county welfare department and have signed a voluntary placement agreement; or (2) the county welfare department licensed public or private adoption agency, or the department acting as an adoption agency, after the parents have requested the assistance of either the county welfare department, the licensed public or private adoption agency, or the department acting as an adoption agency for the purpose of adoption planning, and have signed a voluntary placement agreement.
(p)Voluntary placement agreement means a written agreement between either the county welfare department, probation department, or Indian tribe that has entered into an agreement pursuant to Section 10553.1, licensed public or private adoption agency, or the department acting as an adoption agency, and the parents or guardians of a child that specifies, at a minimum, the following:
(1)The legal status of the child.
(2)The rights and obligations of the parents or guardians, the child, and the agency in which the child is placed.
(q)Original placement date means the most recent date on which the court detained a child and ordered an agency to be responsible for supervising the child or the date on which an agency assumed responsibility for a child due to termination of parental rights, relinquishment, or voluntary placement.
(r)(1)Transitional housing placement provider means an organization licensed by the State Department of Social Services pursuant to Section 1559.110 of the Health and Safety Code, to provide transitional housing to foster children at least 16 years of age and not more than 18 years of age, and nonminor dependents, as defined in subdivision (v). A transitional housing placement provider shall be privately operated and organized on a nonprofit basis.
(2)Prior to licensure, a provider shall obtain certification from the applicable county, in accordance with Section 16522.1.
(s)Transitional Housing Program-Plus means a provider certified by the applicable county, in accordance with subdivision (c) of Section 16522, to provide transitional housing services to former foster youth who have exited the foster care system on or after their 18th birthday.
(t)Whole family foster home means a new or existing family home, approved relative caregiver or nonrelative extended family members home, the home of a nonrelated legal guardian whose guardianship was established pursuant to Section 360 or 366.26, certified family home, or a host family home placement of a transitional housing placement provider, that provides foster care for a minor or nonminor dependent parent and his or her child, and is specifically recruited and trained to assist the minor or nonminor dependent parent in developing the skills necessary to provide a safe, stable, and permanent home for his or her child. The child of the minor or nonminor dependent parent need not be the subject of a petition filed pursuant to Section 300 to qualify for placement in a whole family foster home.
(u)Mutual agreement means any of the following:
(1)A written voluntary agreement of consent for continued placement and care in a supervised setting between a minor or, on and after January 1, 2012, a nonminor dependent, and the county welfare services or probation department or tribal agency responsible for the foster care placement, that documents the nonminors continued willingness to remain in supervised out-of-home placement under the placement and care of the responsible county, tribe, consortium of tribes, or tribal organization that has entered into an agreement with the state pursuant to Section 10553.1, remain under the jurisdiction of the juvenile court as a nonminor dependent, and report any change of circumstances relevant to continued eligibility for foster care payments, and that documents the nonminors and social workers or probation officers agreement to work together to facilitate implementation of the mutually developed supervised placement agreement and transitional independent living case plan.
(2)An agreement, as described in paragraph (1), between a nonminor former dependent or ward in receipt of Kin-GAP payments under Article 4.5 (commencing with Section 11360) or Article 4.7 (commencing with Section 11385), and the agency responsible for the Kin-GAP benefits, provided that the nonminor former dependent or ward satisfies the conditions described in Section 11403.01, or one or more of the conditions described in paragraphs (1) to (5), inclusive, of subdivision (b) of Section 11403. For purposes of this paragraph and paragraph (3), nonminor former dependent or ward has the same meaning as described in subdivision (aa).
(3)An agreement, as described in paragraph (1), between a nonminor former dependent or ward in receipt of AFDC-FC payments under subdivision (e) or (f) of Section 11405 and the agency responsible for the AFDC-FC benefits, provided that the nonminor former dependent or ward described in subdivision (e) of Section 11405 satisfies one or more of the conditions described in paragraphs (1) to (5), inclusive, of subdivision (b) of Section 11403, and the nonminor described in subdivision (f) of Section 11405 satisfies the secondary school or equivalent training or certificate program conditions described in that subdivision.
(v)Nonminor dependent means a foster child, as described in Section 675(8)(B) of Title 42 of the United States Code under the federal Social Security Act 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, as described in Section 450, or regarding whom the court made the findings described in subdivisions (b) and (d) of Section 319 or the findings described in subdivision (d) of Section 636, is a nonminor subject to an order vesting temporary placement and care with the county child welfare department pursuant to Section 319, and who satisfies all of the following criteria:
(1)He or she has attained 18 years of age while subject to an order for foster care, as defined in subdivision (f), and as described in Section 10103.5. under an order for foster care placement by the juvenile court, including an order vesting temporary placement and care with the county child welfare department pursuant to Section 319.
(2)He or she is in foster care under the placement and care responsibility of the county welfare department, county probation department, Indian tribe, consortium of tribes, or tribal organization that entered into an agreement pursuant to Section 10553.1.
(3)He or she has a transitional independent living case plan pursuant to Section 475(8) of the federal Social Security Act (42 U.S.C. Sec. 675(8)), as contained in the federal Fostering Connections to Success and Increasing Adoptions Act of 2008 (Public Law 110-351), as described in Section 11403. 11403, or, if the person attained 18 years of age while subject to an order vesting temporary placement and care with the county child welfare department pursuant to Section 319, he or she intends to sign a mutual agreement.
(w)Supervised independent living placement means, on and after January 1, 2012, an independent supervised setting, as specified in a nonminor dependents transitional independent living case plan, in which the youth is living independently, pursuant to Section 472(c)(2) of the federal Social Security Act (42 U.S.C. Sec. 672(c)(2)).
(x)Supervised independent living setting, pursuant to Section 472(c)(2) of the federal Social Security Act (42 U.S.C. Sec. 672(c)(2)), includes both a supervised independent living placement, as defined in subdivision (w), and a residential housing unit certified by the transitional housing placement provider operating a Transitional Housing Placement-Plus Foster Care program, as described in paragraph (2) of subdivision (a) of Section 16522.1.
(y)Transitional independent living case plan means, on or after January 1, 2012, a childs case plan submitted for the last review hearing held before he or she reaches 18 years of age or the nonminor dependents case plan, updated every six months, that describes the goals and objectives of how the nonminor will make progress in the transition to living independently and assume incremental responsibility for adult decisionmaking, the collaborative efforts between the nonminor and the social worker, probation officer, or Indian tribal placing entity and the supportive services as described in the transitional independent living plan (TILP) to ensure active and meaningful participation in one or more of the eligibility criteria described in paragraphs (1) to (5), inclusive, of subdivision (b) of Section 11403, the nonminors appropriate supervised placement setting, and the nonminors permanent plan for transition to living independently, which includes maintaining or obtaining permanent connections to caring and committed adults, as set forth in paragraph (16) of subdivision (f) of Section 16501.1.
(z)Voluntary reentry agreement means a written voluntary agreement between a former dependent child or ward or a former nonminor dependent, who has had juvenile court jurisdiction terminated pursuant to Section 391, 452, or 607.2, and the county welfare or probation department or tribal placing entity that documents the nonminors desire and willingness to reenter foster care, to be placed in a supervised setting under the placement and care responsibility of the placing agency, the nonminors desire, willingness, and ability to immediately participate in one or more of the conditions of paragraphs (1) to (5), inclusive, of subdivision (b) of Section 11403, the nonminors agreement to work collaboratively with the placing agency to develop his or her transitional independent living case plan within 60 days of reentry, the nonminors agreement to report any changes of circumstances relevant to continued eligibility for foster care payments, and (1) the nonminors agreement to participate in the filing of a petition for juvenile court jurisdiction as a nonminor dependent pursuant to subdivision (e) of Section 388 within 15 judicial days of the signing of the agreement and the placing agencys efforts and supportive services to assist the nonminor in the reentry process, or (2) if the nonminor meets the definition of a nonminor former dependent or ward, as described in subdivision (aa), the nonminors agreement to return to the care and support of his or her former juvenile court-appointed guardian and meet the eligibility criteria for AFDC-FC pursuant to subdivision (e) of Section 11405.
(aa)Nonminor former dependent or ward means either of the following:
(1)A nonminor who reached 18 years of age while subject to an order for foster care, as defined in subdivision (f), under a foster care placement order, including an order vesting temporary placement and care with the county child welfare department pursuant to Section 319, who has subsequently exited foster care, and who is still under the general jurisdiction of the court.
(2)A nonminor who is over 18 years of age and, while a minor, was a dependent child or ward of the juvenile court when the guardianship was established pursuant to Section 360 or 366.26, or subdivision (d), (d) of Section 728 and the juvenile court dependency or wardship was dismissed following the establishment of the guardianship.
(ab)Runaway and homeless youth shelter means a type of group home, as defined in paragraph (14) of subdivision (a) of Section 1502 of the Health and Safety Code, that is not an eligible placement option under Sections 319, 361.2, 450, and 727, and that is not eligible for AFDC-FC funding pursuant to subdivision (c) of Section 11402 or Section 11462.
(ac)Transition dependent is a minor between 17 years and five months and 18 years of age who is subject to the courts transition jurisdiction under Section 450.
(ad)Short-term residential therapeutic program means a nondetention, licensed community care facility, as defined in paragraph (18) of subdivision (a) of Section 1502 of the Health and Safety Code, that provides an integrated program of specialized and intensive care and supervision, services and supports, and treatment for the child or youth, when the childs or youths case plan specifies the need for, nature of, and anticipated duration of this specialized treatment. Short-term residential therapeutic programs shall be organized and operated on a nonprofit basis.
(ae)Resource family means an approved caregiver, as defined in subdivision (c) of Section 16519.5.
(af)Core Services mean services, made available to children, youth, and nonminor dependents either directly or secured through formal agreement with other agencies, which are trauma informed and culturally relevant as specified in Sections 11462 and 11463.
SEC. 6.SEC. 10.Section 11401 of the Welfare and Institutions Code is amended to read:11401.Aid in the form of AFDC-FC shall be provided under this chapter on behalf of any child under 18 years of age, and to any nonminor dependent who meets the conditions of any of the following subdivisions:
(a)The child has been relinquished, for purposes of adoption, to a licensed adoption agency, or the department, or the parental rights of either or both of his or her parents have been terminated after an action under the Family Code has been brought by a licensed adoption agency or the department, provided that the licensed adoption agency or the department, if responsible for placement and care, provides to those children all services as required by the department to children in foster care.
(b)The child has been removed from the physical custody of his or her parent, relative, or guardian as a result of a voluntary placement agreement or a judicial determination that continuance in the home would be contrary to the childs welfare and that, if the child was placed in foster care, reasonable efforts were made, consistent with Chapter 5 (commencing with Section 16500) of Part 4, to prevent or eliminate the need for removal of the child from his or her home and to make it possible for the child to return to his or her home, and any of the following applies:
(1)The child has been adjudged a dependent child of the court on the grounds that he or she is a person described by Section 300.
(2)The child has been adjudged a ward of the court on the grounds that he or she is a person described by Sections 601 and 602, or the child or nonminor is under the transition jurisdiction of the juvenile court pursuant to Section 450.
(3)The child has been detained under a court order, pursuant to Section 319 or 636, that remains in effect.
(4)The childs or nonminors dependency jurisdiction, or transition jurisdiction pursuant to Section 450, has resumed pursuant to Section 387, or subdivision (a) or (e) of Section 388.
(c)The child has been voluntarily placed by his or her parent or guardian pursuant to Section 11401.1.
(d)The child is living in the home of a nonrelated legal guardian, or the nonminor is living in the home of a former nonrelated legal guardian.
(e)The child is a nonminor dependent who is placed pursuant to a mutual agreement as set forth in subdivision (u) of Section 11400, under the placement and care responsibility of the county child welfare services department, an Indian tribe that entered into an agreement pursuant to Section 10553.1, or the county probation department, or the child is a nonminor dependent reentering foster care placement pursuant to a voluntary agreement, as set forth in subdivision (z) of Section 11400.
(f)The child has been placed in foster care under the federal Indian Child Welfare Act. Sections 11402, 11404, and 11405 shall not be construed as limiting payments to Indian children, as defined in the federal Indian Child Welfare Act, placed in accordance with that act.
(g)To be eligible for federal financial participation, the conditions described in paragraph (1), (2), (3), or (4) shall be satisfied:
(1)(A)The child meets the conditions of subdivision (b).
(B)The child has been deprived of parental support or care for any of the reasons set forth in Section 11250.
(C)The child has been removed from the home of a relative as defined in Section 233.90(c)(1) of Title 45 of the Code of Federal Regulations, as amended.
(D)The requirements of Sections 671 and 672 of Title 42 of the United States Code, as amended, have been met.
(2)(A)The child meets the requirements of subdivision (h).
(B)The requirements of Sections 671 and 672 of Title 42 of the United States Code, as amended, have been met.
(C)This paragraph shall be implemented only if federal financial participation is available for the children described in this paragraph.
(3)(A)The child has been removed from the custody of his or her parent, relative, or guardian as a result of a voluntary placement agreement or a judicial determination that continuance in the home would be contrary to the childs welfare and that, if the child was placed in foster care, reasonable efforts were made, consistent with Chapter 5 (commencing with Section 16500) of Part 4, to prevent or eliminate the need for removal of the child from his or her home and to make it possible for the child to return to his or her home, or the child is a nonminor dependent who satisfies the removal criteria in Section 472(a)(2)(A)(i) of the federal Social Security Act (42 U.S.C. Sec. 672 (a)(2)(A)(i)) and agrees to the placement and care responsibility of the placing agency by signing the voluntary reentry agreement, as set forth in subdivision (z) of Section 11400, and any of the following applies:
(i)The child has been adjudged a dependent child of the court on the grounds that he or she is a person described by Section 300.
(ii)The child has been adjudged a ward of the court on the grounds that he or she is a person described by Sections 601 and 602 or, on or after January 1, 2012, the child or nonminor is under the transition jurisdiction of the juvenile court, pursuant to Section 450.
(iii)The child has been detained under a court order, pursuant to Section 319 or 636, that remains in effect.
(iv)The childs or nonminors dependency jurisdiction, or transition jurisdiction pursuant to Section 450, has resumed pursuant to Section 387, or subdivision (a) or (e) of Section 388.
(B)The child has been placed in an eligible foster care placement, as set forth in Section 11402.
(C)The requirements of Sections 671 and 672 of Title 42 of the United States Code have been satisfied.
(D)This paragraph shall be implemented only if federal financial participation is available for the children described in this paragraph.
(4)With respect to a nonminor dependent, in addition to meeting the conditions specified in paragraph (1), the requirements of Section 675(8)(B) of Title 42 of the United States Code have been satisfied. With respect to a former nonminor dependent who reenters foster care placement by signing the voluntary reentry agreement, as set forth in subdivision (z) of Section 11400, the requirements for AFDC-FC eligibility of Section 672(a)(3)(A) of Title 42 of the United States Code are satisfied based on the nonminors status as a child-only case, without regard to the parents, legal guardians, or others in the assistance unit in the home from which the nonminor was originally removed.
(h)The child meets all of the following conditions:
(1)The child has been adjudged to be a dependent child or ward of the court on the grounds that he or she is a person described in Section 300, 601, or 602.
(2)The childs parent also has been adjudged to be a dependent child or nonminor dependent of the court on the grounds that he or she is a person described by Section 300, 450, 601, or 602 and is receiving benefits under this chapter.
(3)The child is placed in the same licensed or approved foster care facility in which his or her parent is placed and the childs parent is receiving reunification services with respect to that child.
SEC. 11.Section 11403 of the Welfare and Institutions Code is amended to read:11403.(a)It is the intent of the Legislature to exercise the option afforded states under Section 475(8) (42 U.S.C. Sec. 675(8)), and Section 473(a)(4) (42 U.S.C. Sec. 673(a)(4)) of the federal Social Security Act, as contained in the federal Fostering Connections to Success and Increasing Adoptions Act of 2008 (Public Law 110-351), to receive federal financial participation for nonminor dependents of the juvenile court who satisfy the conditions of subdivision (b), consistent with their transitional independent living case plan. Effective January 1, 2012, these These nonminor dependents shall be are eligible to receive support up to 19 years of age, effective January 1, 2013, up to 20 years of age, and effective January 1, 2014, up to until they are 21 years of age, consistent with their transitional independent living case plan and as described in Section 10103.5. It is the intent of the Legislature both at the time of initial determination of the nonminor dependents eligibility and throughout the time the nonminor dependent is eligible for aid pursuant to this section, that the social worker or probation officer or Indian tribal placing entity and the nonminor dependent shall work together to ensure the nonminor dependents ongoing eligibility. All case planning shall be a collaborative effort between the nonminor dependent and the social worker, probation officer, or Indian tribe, with the nonminor dependent assuming increasing levels of responsibility and independence.
(b)A nonminor dependent receiving aid pursuant to this chapter, who satisfies the age criteria set forth in subdivision (a), shall meet the legal authority for placement and care by being under a foster care placement order by the juvenile court, or the voluntary reentry agreement as set forth in subdivision (z) of Section 11400, and is otherwise eligible for AFDC-FC payments pursuant to Section 11401. A nonminor who satisfies the age criteria set forth in subdivision (a), and who is otherwise eligible, shall continue to receive CalWORKs payments pursuant to Section 11253 or, as a nonminor former dependent or ward, aid pursuant to Kin-GAP under Article 4.5 (commencing with Section 11360) or Article 4.7 (commencing with Section 11385) or adoption assistance payments as specified in Chapter 2.1 (commencing with Section 16115) of Part 4. Effective January 1, 2012, a A nonminor former dependent child or ward of the juvenile court who is receiving otherwise eligible to receive AFDC-FC benefits pursuant to Section 11405 and who satisfies the criteria set forth in subdivision (a) shall continue to be eligible to continue to receive aid as long as the nonminor is otherwise eligible for AFDC-FC benefits under this subdivision. This subdivision applies when one or more of the following conditions exist:
(1)The nonminor is completing secondary education or a program leading to an equivalent credential.
(2)The nonminor is enrolled in an institution which provides postsecondary or vocational education.
(3)The nonminor is participating in a program or activity designed to promote, or remove barriers to employment.
(4)The nonminor is employed for at least 80 hours per month.
(5)The nonminor is incapable of doing any of the activities described in subparagraphs paragraphs (1) to (4), inclusive, due to a medical condition, and that incapability is supported by regularly updated information in the case plan of the nonminor. The requirement to update the case plan under this section shall not apply to nonminor former dependents or wards in receipt of Kin-GAP program or Adoption Assistance Program payments.
(c)The county child welfare or probation department, Indian tribe, consortium of tribes, or tribal organization that has entered into an agreement pursuant to Section 10553.1, shall work together with a nonminor dependent who is in foster care on his or her 18th birthday and thereafter or a nonminor former dependent receiving aid pursuant to Section 11405, to satisfy one or more of the conditions described in paragraphs (1) to (5), inclusive, of subdivision (b) and shall certify the nonminors applicable condition or conditions in the nonminors six-month transitional independent living case plan update, and provide the certification to the eligibility worker and to the court at each six-month case plan review hearing for the nonminor dependent. Relative guardians who receive Kin-GAP payments and adoptive parents who receive adoption assistance payments shall be responsible for reporting to the county welfare agency that the nonminor does not satisfy at least one of the conditions described in subdivision (b). The social worker, probation officer, or tribal entity shall verify and obtain assurances that the nonminor dependent continues to satisfy at least one of the conditions in paragraphs (1) to (5), inclusive, of subdivision (b) at each six-month transitional independent living case plan update. The six-month case plan update shall certify the nonminors eligibility pursuant to subdivision (b) for the next six-month period. During the six-month certification period, the payee and nonminor shall report any change in placement or other relevant changes in circumstances that may affect payment. The nonminor dependent, or nonminor former dependent receiving aid pursuant to subdivision (e) of Section 11405, shall be informed of all due process requirements, in accordance with state and federal law, prior to an involuntary termination of aid, and shall simultaneously be provided with a written explanation of how to exercise his or her due process rights and obtain referrals to legal assistance. Any notices of action regarding eligibility shall be sent to the nonminor dependent or former dependent, his or her counsel, as applicable, and the placing worker, in addition to any other payee. Payments of aid pursuant to Kin-GAP under Article 4.5 (commencing with Section 11360) or Article 4.7 (commencing with Section 11385), adoption assistance payments as specified in Chapter 2.1 (commencing with Section 16115) of Part 4, or aid pursuant to subdivision (e) of Section 11405 that are made on behalf of a nonminor former dependent shall terminate subject to the terms of the agreements. Subject to federal approval of amendments to the state plan, aid payments may be suspended and resumed based on changes of circumstances that affect eligibility. Nonminor former dependents, as identified in paragraph (2) of subdivision (aa) of Section 11400, are not eligible for reentry under subdivision (e) of Section 388 as nonminor dependents under the jurisdiction of the juvenile court, but may be eligible for reentry pursuant to Section 388.1 if (1) the nonminor former dependent was receiving receiving, or eligible to receive, aid pursuant to Kin-GAP under Article 4.5 (commencing with Section 11360) or Article 4.7 (commencing with Section 11385), the nonminor former dependent was receiving receiving, or eligible to receive, aid pursuant to subdivision (e) of Section 11405, or the nonminor was receiving receiving, or eligible to receive, adoption assistance payments as specified in Chapter 2.1 (commencing with Section 16115) of Part 3, and (2) the nonminors former guardian or adoptive parent dies, or no longer provides ongoing support to, and no longer receives benefits on behalf of, to the nonminor after the nonminor turns 18 years of age but before the nonminor turns 21 years of age. Nonminor former dependents requesting the resumption of AFDC-FC payments pursuant to subdivision (e) of Section 11405 shall complete the applicable portions of the voluntary reentry agreement, as described in subdivision (z) of Section 11400.
(d)A nonminor dependent may receive all of the payment directly provided that the nonminor is living independently in a supervised placement, as described in subdivision (w) of Section 11400, and that both the youth and the agency responsible for the foster care placement have signed a mutual agreement, as defined in subdivision (u) of Section 11400, if the youth is capable of making an informed agreement, that documents the continued need for supervised out-of-home placement, and the nonminors and social workers or probation officers agreement to work together to facilitate implementation of the mutually developed supervised placement agreement and transitional independent living case plan.
(e)Eligibility for aid under this section shall not terminate until the nonminor dependent attains the age criteria, as set forth in subdivision (a), but aid may be suspended when the nonminor dependent no longer resides in an eligible facility, as described in Section 11402, or is otherwise not eligible for AFDC-FC benefits under Section 11401, or terminated at the request of the nonminor, or after a court terminates dependency jurisdiction pursuant to Section 391, delinquency jurisdiction pursuant to Section 607.2, or transition jurisdiction pursuant to Section 452. AFDC-FC benefits to nonminor dependents, dependents may be resumed at the request of the nonminor by completing a voluntary reentry agreement pursuant to subdivision (z) of Section 11400, before or after the filing of a petition filed pursuant to subdivision (e) of Section 388 after a court terminates dependency or transitional jurisdiction pursuant to Section 391, or delinquency jurisdiction pursuant to Section 607.2. The county welfare or probation department or Indian tribal entity that has entered into an agreement pursuant to Section 10553.1 shall complete the voluntary reentry agreement with the nonminor who agrees to satisfy the criteria of the agreement, as described in subdivision (z) of Section 11400. The county welfare department or tribal entity shall establish a new child-only Title IV-E eligibility determination based on the nonminors completion of the voluntary reentry agreement pursuant to Section 11401. The beginning date of aid for either federal or state AFDC-FC for a reentering nonminor who is placed in foster care is the date the voluntary reentry agreement is signed or the nonminor is placed, whichever is later. The county welfare department, county probation department, or tribal entity shall provide a nonminor dependent who wishes to continue receiving aid with the assistance necessary to meet and maintain eligibility.
(f)(1)The county having jurisdiction of the nonminor dependent shall remain the county of payment under this section regardless of the youths physical residence. Nonminor former dependents receiving aid pursuant to subdivision (e) of Section 11405 shall be paid by their county of residence. Counties may develop courtesy supervision agreements to provide case management and independent living services by the county of residence pursuant to the nonminor dependents transitional independent living case plan. Placements made out of state are subject to the applicable requirements of the Interstate Compact on Placement of Children, pursuant to Part 5 (commencing with Section 7900) of Division 12 of the Family Code.
(2)The county welfare department, county probation department, or tribal entity shall notify all foster youth who attain 16 years of age and are under the jurisdiction of that county or tribe, including those receiving Kin-GAP, and AAP, of the existence of the aid prescribed by this section.
(3)The department shall seek any waiver to amend its Title IV-E State Plan state plan with the Secretary of the United States Department of Health and Human Services necessary to implement this section.
(g)(1)Subject to paragraph (3), a county shall pay the nonfederal share of the cost of extending aid pursuant to this section to eligible nonminor dependents who have reached 18 years of age and who are under the jurisdiction of the county, including AFDC-FC payments pursuant to Section 11401, aid pursuant to Kin-GAP under Article 4.7 (commencing with Section 11385), adoption assistance payments as specified in Chapter 2.1 (commencing with Section 16115) of Part 4, and aid pursuant to Section 11405 for nonminor dependents who are residing in the county as provided in paragraph (1) of subdivision (f). A county shall contribute to the CalWORKs payments pursuant to Section 11253 and aid pursuant to Kin-GAP under Article 4.5 (commencing with Section 11360) at the statutory sharing ratios in effect on January 1, 2012.
(2)Subject to paragraph (3), a county shall pay the nonfederal share of the cost of providing permanent placement services pursuant to subdivision (c) of Section 16508 and administering the Aid to Families with Dependent Children Foster Care program pursuant to Section 15204.9. For purposes of budgeting, the department shall use a standard for the permanent placement services that is equal to the midpoint between the budgeting standards for family maintenance services and family reunification services.
(3)(A)(i)Notwithstanding any other law, a countys required total contribution pursuant to paragraphs (1) and (2), excluding costs incurred pursuant to Section 10103.5, shall not exceed the amount of savings in Kin-GAP assistance grant expenditures realized by the county from the receipt of federal funds due to the implementation of Article 4.7 (commencing with Section 11385), and the amount of funding specifically included in the Protective Services Subaccount within the Support Services Account within the Local Revenue Fund 2011, plus any associated growth funding from the Support Services Growth Subaccount within the Sales and Use Tax Growth Account to pay the costs of extending aid pursuant to this section.
(ii)A county, at its own discretion, may expend additional funds beyond the amounts identified in clause (i). These additional amounts shall not be included in any cost and savings calculations or comparisons performed pursuant to this section.
(B)Beginning in the 201112 fiscal year, and for each fiscal year thereafter, funding and expenditures for programs and activities under this section shall be in accordance with the requirements provided in Sections 30025 and 30026.5 of the Government Code. In addition, the following are available to the counties for the purpose of funding costs pursuant to this section:
(i)The savings in Kin-GAP assistance grant expenditures realized from the receipt of federal funds due to the implementation of Article 4.7 (commencing with Section 11385).
(ii)The savings realized from the change in federal funding for adoption assistance resulting from the enactment of Public Law 110-351 the federal Fostering Connections to Success and Increasing Adoptions Act of 2008 (Public Law 110-351) and consistent with subdivision (d) of Section 16118.
(4)(A)The limit on the countys total contribution pursuant to paragraph (3) shall be assessed by the State Department of Social Services, in conjunction with the California State Association of Counties, in 201516, to determine if it shall be removed. The assessment of the need for the limit shall be based on a determination on a statewide basis of whether the actual county costs of providing extended care pursuant to this section, excluding costs incurred pursuant to Section 10103.5, are fully funded by the amount of savings in Kin-GAP assistance grant expenditures realized by the counties from the receipt of federal funds due to the implementation of Article 4.7 (commencing with Section 11385) and the amount of funding specifically included in the Protective Services Subaccount within the Support Services Account within the Local Revenue Fund 2011 plus any associated growth funding from the Support Services Growth Subaccount within the Sales and Use Tax Growth Account to pay the costs of extending aid pursuant to this section.
(B)If the assessment pursuant to subparagraph (A) shows that the statewide total costs of extending aid pursuant to this section, excluding costs incurred pursuant to Section 10103.5, are fully funded by the amount of savings in Kin-GAP assistance grant expenditures realized by the counties from the receipt of federal funds due to the implementation of Article 4.7 (commencing with Section 11385) and the amount of funding specifically included in the Protective Services Subaccount within the Support Services Account within the Local Revenue Fund 2011 plus any associated growth funding from the Support Services Growth Subaccount within the Sales and Use Tax Growth Account to pay the costs of extending aid pursuant to this section, the Department of Finance shall certify that fact, in writing, and shall post the certification on its Internet Web site, at which time subparagraph (A) of paragraph (3) shall no longer be implemented.
(h)It is the intent of the Legislature that a county currently participating in the Child Welfare Demonstration Capped Allocation Project not be adversely impacted by the departments exercise of its option to extend foster care benefits pursuant to Section 673(a)(4) and Section 675(8) of Title 42 of the United States Code in the federal Social Security Act, as contained in the federal Fostering Connections to Success and Increasing Adoptions Act of 2008 (Public Law 110-351). Therefore, the department shall negotiate with the United States Department of Health and Human Services on behalf of those counties that are currently participating in the demonstration project to ensure that those counties receive reimbursement for these new programs outside of the provisions of those counties waiver under Subtitle IV-E (commencing with Section 470) of the federal Social Security Act (42 U.S.C. Sec. 670 et seq.).
(i)The department, on or before July 1, 2013, shall develop regulations to implement this section in consultation with concerned stakeholders, including, but not limited to, representatives of the Legislature, the County Welfare Directors Association, the Chief Probation Officers of California, the Judicial Council, representatives of Indian tribes, the California Youth Connection, former foster youth, child advocacy organizations, labor organizations, juvenile justice advocacy organizations, foster caregiver organizations, and researchers. In the development of these regulations, the department shall consider its Manual of Policy and Procedures, Division 30, Chapter Chapters 30-912, 913, 916, and 917, as guidelines for developing regulations that are appropriate for young adults who can exercise incremental responsibility concurrently with their growth and development. The department, in its consultation with stakeholders, shall take into consideration the impact to the Automated automated Child Welfare Services Case Management Services (CWS-CMS) System (CWS/CMS) and required modifications needed to accommodate eligibility determination under this section, benefit issuance, case management across counties, and recognition of the legal status of nonminor dependents as adults, as well as changes to data tracking and reporting requirements as required by the Child Welfare System Improvement and Accountability Act as specified in Section 10601.2, and federal outcome measures as required by the federal John H. Chafee Foster Care Independence Program (42 U.S.C. Sec. 677(f)). In addition, the department, in its consultation with stakeholders, shall define the supervised independent living setting which shall include, but not be limited to, apartment living, room and board arrangements, college or university dormitories, and shared roommate settings, and define how those settings meet health and safety standards suitable for nonminors. The department, in its consultation with stakeholders, shall define the six-month certification of the conditions of eligibility pursuant to subdivision (b) to be consistent with the flexibility provided by federal policy guidance, to ensure that there are ample supports for a nonminor to achieve the goals of his or her transition independent living case plan. The department, in its consultation with stakeholders, shall ensure that notices of action and other forms created to inform the nonminor of due process rights and how to access them shall be developed, using language consistent with the special needs of the nonminor dependent population.
(j)Notwithstanding the Administrative Procedure Act, Chapter Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, Code), the department shall prepare for implementation of the applicable provisions of this section by publishing, after consultation with the stakeholders listed in subdivision (i), all-county letters or similar instructions from the director by October 1, 2011, to be effective January 1, 2012. Emergency regulations to implement the applicable provisions of this act may be adopted by the director in accordance with the Administrative Procedure Act. The initial adoption of the emergency regulations and one readoption of the emergency regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare. Initial emergency regulations and the first readoption of those emergency regulations shall be exempt from review by the Office of Administrative Law. The emergency regulations authorized by this section shall be submitted to the Office of Administrative Law for filing with the Secretary of State and shall remain in effect for no more than 180 days.
SEC. 7.SEC. 12.To the extent that this act has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state or otherwise be subject to Section 6 of Article XIIIB of the California Constitution.
It is the intent of the Legislature in enacting this act to do both of the following:
(a)To ensure that a youth who was subject to a foster care order, and who has not yet been adjudged a dependent or ward of the juvenile court, on his or her 18th birthday is able to access extended foster care benefits, even if the youth was absent from his or her foster care placement on his or her birthday.
(b)To ensure that all youth who exited foster care because a guardianship was established, or because he or she was adopted, are able to reenter foster care if his or her guardian or adoptive parent dies or if the guardianship or adoptive relationship is disrupted.
SEC. 2.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 the age of 21 years.
(b)On and after January 1, 2012, the 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. If the court terminates dependency, delinquency, or transition jurisdiction, the nonminor dependent shall remain under the general jurisdiction of the court in order to allow for a petition under subdivision (e) of Section 388.
(c)On and after January 1, 2012, a A nonminor who has not yet attained 21 years of age and who exited foster care care, as defined in subdivision (f) of Section 11400, at or after the age of majority, may petition the court pursuant to subdivision (e) of Section 388 to assume or resume dependency jurisdiction over himself or herself or to assume transition jurisdiction over himself or herself 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 his or her 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 his or her 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. His or her adult decisionmaking authority may be limited by and subject to the care, supervision, custody, conduct, and maintenance orders as described in Section 727.
(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.
SEC. 3.Section 388 of the Welfare and Institutions Code is amended to read:388.(a)(1)Any parent or other person having an interest in a child who is a dependent child of the juvenile court or a nonminor dependent as defined in subdivision (v) of Section 11400, or the child himself or herself or the nonminor dependent through a properly appointed guardian may, upon grounds of change of circumstance or new evidence, petition the court in the same action in which the child was found to be a dependent child of the juvenile court or in which a guardianship was ordered pursuant to Section 360 for a hearing to change, modify, or set aside any order of court previously made or to terminate the jurisdiction of the court. The petition shall be verified and, if made by a person other than the child or the nonminor dependent shall state the petitioners relationship to or interest in the child or the nonminor dependent and shall set forth in concise language any change of circumstance or new evidence that is alleged to require the change of order or termination of jurisdiction.
(2)When any party, including a child who is a dependent of the juvenile court, petitions the court prior to an order terminating parental rights, to modify the order that reunification services were not needed pursuant to paragraphs (4), (5), and (6) of subdivision (b) of Section 361.5, or to modify any orders related to custody or visitation of the subject child, and the court orders a hearing pursuant to subdivision (d), the court shall modify the order that reunification services were not needed pursuant to paragraphs (4), (5), and (6) of subdivision (b) of Section 361.5, or any orders related to the custody or visitation of the child for whom reunification services were not ordered pursuant to paragraphs (4), (5), and (6) of subdivision (b) of Section 361.5, only if the court finds by clear and convincing evidence that the proposed change is in the best interests of the child.
(b)(1)Any person, including a child or a nonminor dependent who is a dependent of the juvenile court, may petition the court to assert a relationship as a sibling related by blood, adoption, or affinity through a common legal or biological parent to a child who is, or is the subject of a petition for adjudication as, a dependent of the juvenile court, and may request visitation with the dependent child, placement with or near the dependent child, or consideration when determining or implementing a case plan or permanent plan for the dependent child or make any other request for an order which may be shown to be in the best interest of the dependent child.
(2)A child or nonminor dependent who is a dependent of the juvenile court may petition the court to assert a relationship as a sibling related by blood, adoption, or affinity through a common legal or biological parent to a child who is in the physical custody of a common legal or biological parent, and may request visitation with the nondependent sibling in parental custody.
(3)Pursuant to subdivision (b) of Section 16002, a request for sibling visitation may be granted unless it is determined by the court that sibling visitation is contrary to the safety and well-being of any of the siblings.
(4)The court may appoint a guardian ad litem to file the petition for a dependent child asserting a sibling relationship pursuant to this subdivision if the court determines that the appointment is necessary for the best interests of the dependent child. The petition shall be verified and shall set forth the following:
(A)Through which parent he or she is related to the sibling.
(B)Whether he or she is related to the sibling by blood, adoption, or affinity.
(C)The request or order that the petitioner is seeking.
(D)Why that request or order is in the best interest of the dependent child.
(c)(1)Any party, including a child who is a dependent of the juvenile court, may petition the court, prior to the hearing set pursuant to subdivision (f) of Section 366.21 for a child described by subparagraph (A) of paragraph (1) of subdivision (a) of Section 361.5, or prior to the hearing set pursuant to subdivision (e) of Section 366.21 for a child described by subparagraph (B) or (C) of paragraph (1) of subdivision (a) of Section 361.5, to terminate court-ordered reunification services provided under subdivision (a) of Section 361.5 only if one of the following conditions exists:
(A)It appears that a change of circumstance or new evidence exists that satisfies a condition set forth in subdivision (b) or (e) of Section 361.5 justifying termination of court-ordered reunification services.
(B)The action or inaction of the parent or guardian creates a substantial likelihood that reunification will not occur, including, but not limited to, the parents or guardians failure to visit the child, or the failure of the parent or guardian to participate regularly and make substantive progress in a court-ordered treatment plan.
(2)In determining whether the parent or guardian has failed to visit the child or participate regularly or make progress in the treatment plan, the court shall consider factors that include but are not limited to, the parents or guardians incarceration, institutionalization, detention by the United States Department of Homeland Security, deportation, or participation in a court-ordered residential substance abuse treatment program.
(3)The court shall terminate reunification services during the above-described time periods only upon a finding by a preponderance of evidence that reasonable services have been offered or provided, and upon a finding of clear and convincing evidence that one of the conditions in subparagraph (A) or (B) of paragraph (1) exists.
(4)Any party, including a nonminor dependent, as defined in subdivision (v) of Section 11400, may petition the court prior to the review hearing set pursuant to subdivision (d) of Section 366.31 to terminate the continuation of court-ordered family reunification services for a nonminor dependent who has attained 18 years of age. The court shall terminate family reunification services to the parent or guardian if the nonminor dependent or parent or guardian are not in agreement that the continued provision of court-ordered family reunification services is in the best interests of the nonminor dependent.
(5)If the court terminates reunification services, it shall order that a hearing pursuant to Section 366.26 be held within 120 days. On and after January 1, 2012, a hearing pursuant to Section 366.26 shall not be ordered if the child is a nonminor dependent. The court may order a nonminor dependent who is otherwise eligible to AFDC-FC benefits pursuant to Section 11403 to remain in a planned, permanent living arrangement.
(d)If it appears that the best interests of the child or the nonminor dependent may be promoted by the proposed change of order, modification of reunification services, custody, or visitation orders concerning a child for whom reunification services were not ordered pursuant to paragraphs (4), (5), and (6) of subdivision (b) of Section 361.5, recognition of a sibling relationship, termination of jurisdiction, or clear and convincing evidence supports revocation or termination of court-ordered reunification services, the court shall order that a hearing be held and shall give prior notice, or cause prior notice to be given, to the persons and in the manner prescribed by Section 386, and, in those instances in which the manner of giving notice is not prescribed by those sections, then in the manner the court prescribes.
(e)(1)On and after January 1, 2012, a A nonminor who attained 18 years of age while subject to an order for foster care placement and, commencing January 1, 2012, who has not attained 19 years of age, or, commencing January 1, 2013, 20 years of age, or, commencing January 1, 2014, 21 years of age, under an order for foster care, as defined in subdivision (f) of Section 11400, and who has not attained 21 years of age, or as described in Section 10103.5, for whom the court has dismissed dependency jurisdiction pursuant to Section 391, or delinquency jurisdiction pursuant to Section 607.2, or transition jurisdiction pursuant to Section 452, but has retained general jurisdiction under subdivision (b) of Section 303, or the county child welfare services, probation department, or tribal placing agency on behalf of the nonminor, may petition the court in the same action in which the child was found to be a dependent or delinquent child of the juvenile court, or in which the court made the findings described in subdivisions (b) and (d) of Section 319 or the findings described in subdivision (d) of Section 636, for a hearing to resume the assume or resume dependency jurisdiction over a former dependent or to assume or resume transition jurisdiction over a former delinquent ward pursuant to Section 450. The petition shall be filed within the period that the nonminor is of the age described in this paragraph. If the nonminor has completed the voluntary reentry agreement, as described in subdivision (z) of Section 11400, with the placing agency, the agency shall file the petition on behalf of the nonminor within 15 judicial days of the date the agreement was signed unless the nonminor elects to file the petition at an earlier date.
(2)(A)The petition to resume jurisdiction may be filed in the juvenile court that retains general jurisdiction under subdivision (b) of Section 303, or the petition may be submitted to the juvenile court in the county where the youth resides and forwarded to the juvenile court that retained general jurisdiction and filed with that court. The juvenile court having general jurisdiction under Section 303 shall receive the petition from the court where the petition was submitted within five court days of its submission, if the petition is filed in the county of residence. The juvenile court that retained general jurisdiction shall order that a hearing be held within 15 judicial days of the date the petition was filed if there is a prima facie showing that the nonminor satisfies the following criteria:
(i)He or she was previously under juvenile court jurisdiction, subject to an order for foster care placement or the court previously made the findings described in subdivisions (b) and (d) of Section 319 or the findings described in subdivision (d) of Section 636 regarding him or her, and was an order for foster care, as defined in subdivision (f) of Section 11400, when he or she attained 18 years of age, and has not attained the age limits described in paragraph (1). 21 years of age.
(ii)He or she intends to satisfy at least one of the conditions set forth in paragraphs (1) to (5), inclusive, of subdivision (b) of Section 11403.
(iii)He or she wants assistance either in maintaining or securing appropriate supervised placement, or is in need of immediate placement and agrees to supervised placement pursuant to the voluntary reentry agreement as described in subdivision (z) of Section 11400.
(B)Upon ordering a hearing, the court shall give prior notice, or cause prior notice to be given, to the persons and by the means prescribed by Section 386, except that notice to parents or former guardians shall not be provided unless the nonminor requests, in writing on the face of the petition, notice to the parents or former guardians.
(3)The Judicial Council, by January 1, 2012, shall adopt rules of court to allow for telephonic appearances by nonminor former dependents or delinquents in these proceedings, and for telephonic appearances by nonminor dependents in any proceeding in which the nonminor dependent is a party, and he or she declines to appear and elects a telephonic appearance.
(4)Prior to the hearing on a petition to assume or resume dependency jurisdiction or to assume or resume transition jurisdiction, the court shall order the county child welfare or probation department to prepare a report for the court addressing whether the nonminor intends to satisfy at least one of the criteria set forth in subdivision (b) of Section 11403. When the recommendation is for the nonminor dependent to be placed in a setting where minor dependents also reside, the results of a background check of the petitioning nonminor conducted pursuant to Section 16504.5, may be used by the placing agency to determine appropriate placement options for the nonminor. The existence of a criminal conviction is not a bar to eligibility for reentry or resumption of dependency jurisdiction or the assumption or resumption of transition jurisdiction over a nonminor.
(5)(A)The court shall assume or resume dependency jurisdiction over a former dependent or assume or resume transition jurisdiction over a former delinquent ward pursuant to Section 450, and order that the nonminors placement and care be under the responsibility of the county child welfare services department, the probation department, tribe, consortium of tribes, or tribal organization, if the court finds all of the following:
(i)The nonminor was previously under juvenile court jurisdiction subject to an order for foster care placement jurisdiction, or the court previously made the findings described in subdivisions (b) and (d) of Section 319 or the findings described in subdivision (d) of Section 636 regarding him or her, and was under an order of foster care, as defined in subdivision (f) of Section 11400, when he or she attained 18 years of age.
(ii)The nonminor has not attained the age limits described in paragraph (1). 21 years of age.
(iii)Reentry and remaining in foster care are in the nonminors best interests.
(iv)The nonminor intends to satisfy, and agrees to satisfy, at least one of the criteria set forth in paragraphs (1) to (5), inclusive, of subdivision (b) of Section 11403, and demonstrates his or her agreement to placement in a supervised setting under the placement and care responsibility of the placing agency and to satisfy the criteria by signing the voluntary reentry agreement as described in subdivision (z) of Section 11400.
(B)In no event shall the court grant a continuance that would cause the hearing to assume or resume dependency jurisdiction or to assume or resume transition jurisdiction to be completed more than 120 days after the date the petition was filed.
(C)The agency made responsible for the nonminors placement and care pursuant to subparagraph (A) shall prepare a new transitional independent living case plan within 60 calendar days from the date the nonminor signed the voluntary reentry agreement as described in subdivision (z) of Section 11400 and submit it to the court for the review hearing under Section 366.31, to be held within 70 days of the assumption or resumption of dependency jurisdiction or assumption or resumption of transition jurisdiction. In no event shall the review hearing under Section 366.3 be held more than 170 calendar days from the date the nonminor signed the voluntary reentry agreement.
SEC. 4.Section 388.1 of the Welfare and Institutions Code is amended to read:388.1.(a)On and after January 1, 2014, a nonminor who has not attained 21 years of age may petition the court in which he or she was previously found to be a dependent or delinquent child of the juvenile court for a hearing to determine whether to assume dependency jurisdiction over the nonminor, if he or she meets any of the following descriptions:
(1)He or she is a nonminor former dependent, as defined in subdivision (aa) of Section 11400, who received was eligible to receive aid after attaining 18 years of age under Kin-GAP pursuant to Article 4.5 (commencing with Section 11360) or Article 4.7 (commencing with Section 11385) of Chapter 2 of Part 3 of Division 9, or pursuant to subdivision (e) of Section 11405, and whose former guardian or guardians died after the nonminor attained 18 years of age, but before he or she attains 21 years of age.
(2)He or she is a nonminor former dependent, as defined in subdivision (aa) of Section 11400, who received was eligible to receive aid after attaining 18 years of age under Kin-GAP pursuant to Article 4.5 (commencing with Section 11360) or Article 4.7 (commencing with Section 11385) of Chapter 2 of Part 3 of Division 9, or pursuant to subdivision (e) of Section 11405, and whose former guardian or guardians no longer provide ongoing support to, and no longer receive aid on behalf of, the nonminor after the nonminor attained 18 years of age, but before he or she attains 21 years of age.
(3)He or she is a nonminor who received was eligible to receive adoption assistance payments after attaining 18 years of age pursuant to Chapter 2.1 (commencing with Section 16115) of Part 4 of Division 9 and his or her adoptive parent or parents died after the nonminor attained 18 years of age, but before he or she attains 21 years of age.
(4)He or she is a nonminor who received was eligible to receive adoption assistance payments after attaining 18 years of age pursuant to Chapter 2.1 (commencing with Section 16115) of Part 4 of Division 9 and his or her adoptive parent or parents no longer provide ongoing support to, and no longer receive benefits on behalf of, the nonminor after the nonminor attained 18 years of age, but before he or she attains 21 years of age.
(b)(1)The petition to assume jurisdiction may be filed in either of the following:
(A)The juvenile court that established the guardianship pursuant to Section 360, Section 366.26, or subdivision (d) of Section 728.
(B)The juvenile court that had jurisdiction over the minor or nonminor dependent when his or her adoption was finalized.
(2)A nonminor described in subdivision (a) may submit a petition to assume dependency jurisdiction to the juvenile court in the county where he or she resides. A petition submitted pursuant to this paragraph shall, within five days of submission, be forwarded to the court that had jurisdiction over the child at the time of the guardianship or adoption. The clerk of the court that had jurisdiction over the child at the time of the guardianship or adoption shall file the petition within one judicial day of receipt.
(c)(1)The juvenile court in which the petition was filed shall order a hearing to be held within 15 judicial days of the date the petition was filed if there is a prima facie showing that the nonminor satisfies all of the following criteria:
(A)He or she was a minor under juvenile court jurisdiction at the time of the establishment of a guardianship pursuant to Section 360, Section 366.26, or subdivision (d) of Section 728, or he or she was a minor or nonminor dependent when his or her adoption was finalized.
(B)(i)His or her guardian or guardians, or adoptive parent or parents, as applicable, died after the nonminor attained 18 years of age, but before he or she attained 21 years of age.
(ii)His or her guardian or guardians, or adoptive parent or parents, as applicable, no longer provide ongoing support to, and no longer receive payment on behalf of, the nonminor after the nonminor attained 18 years of age, but before he or she attained 21 years of age, and it may be in the nonminors best interest for the court to assume dependency jurisdiction.
(C)He or she intends to satisfy at least one of the conditions set forth in paragraphs (1) to (5), inclusive, of subdivision (b) of Section 11403.
(D)He or she is requesting assistance in maintaining or securing appropriate supervised placement, or needs immediate placement and agrees to supervised placement pursuant to the voluntary reentry agreement described in subdivision (z) of Section 11400.
(2)Upon ordering a hearing, the court shall give prior notice, or cause prior notice to be given, to the nonminor, the appropriate child welfare agency or probation department, and any other person requested by the nonminor in the petition.
(3)Pursuant to applicable rules of court, the juvenile court shall allow for telephonic appearances by the nonminor in these proceedings and in any proceeding in which the nonminor dependent is a party.
(4)Prior to the hearing, the court shall order the county child welfare or probation department to prepare a report for the court that addresses both of the following:
(A)The nonminors plans to satisfy at least one of the criteria set forth in paragraphs (1) to (5), inclusive, of subdivision (b) of Section 11403.
(B)The appropriate placement setting for the nonminor. When the recommendation is for the nonminor to be placed in a setting where minor dependents also reside, the results of a background check of the petitioning nonminor conducted pursuant to Section 16504.5 may be used by the placing agency to determine appropriate placement options for him or her.
(5)The court shall assume dependency jurisdiction over a former dependent or ward, and order his or her placement and care be under the responsibility of the county child welfare services department, the probation department, tribe, consortium of tribes, or tribal organization, if the court finds all of the following:
(A)The nonminor was a minor under juvenile court jurisdiction at the time of the establishment of a guardianship pursuant to Section 360, Section 366.26, or subdivision (d) of Section 728, or he or she was a dependent at the time his or her adoption was finalized.
(B)The nonminors guardian or guardians, or adoptive parent or parents, as applicable, have died, or no longer provide ongoing support to, and no longer receive payment on behalf of, the nonminor, and it is in the nonminors best interests for the court to assume dependency jurisdiction.
(C)The nonminor has not attained 21 years of age.
(D)Reentry and remaining in foster care are in the nonminors best interests.
(E)The nonminor intends to satisfy, and agrees to satisfy, at least one of the criteria set forth in paragraphs (1) to (5), inclusive, of subdivision (b) of Section 11403, and demonstrates his or her agreement to placement in a supervised setting under the placement and care responsibility of the placing agency by signing the voluntary reentry agreement described in subdivision (z) of Section 11400.
(6)The existence of a criminal conviction is not a bar to eligibility for reentry to foster care or assumption of dependency jurisdiction over a nonminor.
(7)The court shall not grant a continuance that would cause the hearing to be completed more than 120 days after the date the petition is filed.
(d)The agency made responsible for the nonminors placement and care pursuant to paragraph (5) of subdivision (c) shall prepare a new transitional independent living case plan within 60 calendar days of the date the nonminor signs the voluntary reentry agreement and shall submit the plan to the court for the review hearing specified in Section 366.31, to be held within 70 days of the assumption of dependency jurisdiction. The review hearing under Section 366.31 shall not be held more than 170 calendar days from the date the nonminor signs the voluntary reentry agreement.
(e)(1) A nonminor described in subdivision (a) may enter into a voluntary reentry agreement as defined in subdivision (z) of Section 11400 in order to establish eligibility for foster care benefits under subdivision (e) of Section 11401 before or after filing a petition to assume dependency jurisdiction. If the nonminor enters into a voluntary reentry agreement prior to filing the petition, the nonminor is entitled to placement and supervision pending the courts assumption of jurisdiction.
(2)If the nonminor completes a voluntary reentry agreement with a placing agency, the placing agency shall file the petition to assume dependency jurisdiction on behalf of the nonminor within 15 judicial days of the date the agreement is signed, unless the nonminor elects to file the petition at an earlier date.
SEC. 5.Section 11400 of the Welfare and Institutions Code is amended to read:11400.For purposes of this article, the following definitions shall apply:
(a)Aid to Families with Dependent Children-Foster Care (AFDC-FC) means the aid provided on behalf of needy children in foster care under the terms of this division.
(b)Case plan means a written document that, at a minimum, specifies the type of home in which the child shall be placed, the safety of that home, and the appropriateness of that home to meet the childs needs. It shall also include the agencys plan for ensuring that the child receive proper care and protection in a safe environment, and shall set forth the appropriate services to be provided to the child, the childs family, and the foster parents, in order to meet the childs needs while in foster care, and to reunify the child with the childs family. In addition, the plan shall specify the services that will be provided or steps that will be taken to facilitate an alternate permanent plan if reunification is not possible.
(c)Certified family home means an individual or family certified by a licensed foster family agency and issued a certificate of approval by that agency as meeting licensing standards, and used exclusively by that foster family agency for placements.
(d)Family home means the family residence of a licensee in which 24-hour care and supervision are provided for children.
(e)Small family home means any residential facility, in the licensees family residence, which provides 24-hour care for six or fewer foster children who have mental disorders or developmental or physical disabilities and who require special care and supervision as a result of their disabilities.
(f)Foster care means the 24-hour out-of-home care provided to children whose own families are unable or unwilling to care for them, and who are in need of temporary or long-term substitute parenting.
(g)Foster family agency means a licensed community care facility, as defined in paragraph (4) of subdivision (a) of Section 1502 of the Health and Safety Code. Private foster family agencies shall be organized and operated on a nonprofit basis.
(h)Group home means a nondetention privately operated residential home, organized and operated on a nonprofit basis only, of any capacity, or a nondetention licensed residential care home operated by the County of San Mateo with a capacity of up to 25 beds, that accepts children in need of care and supervision in a group home, as defined by paragraph (13) of subdivision (a) of Section 1502 of the Health and Safety Code.
(i)Periodic review means review of a childs status by the juvenile court or by an administrative review panel, that shall include a consideration of the safety of the child, a determination of the continuing need for placement in foster care, evaluation of the goals for the placement and the progress toward meeting these goals, and development of a target date for the childs return home or establishment of alternative permanent placement.
(j)Permanency planning hearing means a hearing conducted by the juvenile court in which the childs future status, including whether the child shall be returned home or another permanent plan shall be developed, is determined.
(k)Placement and care refers to the responsibility for the welfare of a child vested in an agency or organization by virtue of the agency or organization having (1) been delegated care, custody, and control of a child by the juvenile court, (2) taken responsibility, pursuant to a relinquishment or termination of parental rights on a child, (3) taken the responsibility of supervising a child detained by the juvenile court pursuant to Section 319 or 636, or (4) signed a voluntary placement agreement for the childs placement; or to the responsibility designated to an individual by virtue of his or her being appointed the childs legal guardian.
(l)Preplacement preventive services means services that are designed to help children remain with their families by preventing or eliminating the need for removal.
(m)Relative means an adult who is related to the child by blood, adoption, or affinity within the fifth degree of kinship, including stepparents, stepsiblings, and all relatives whose status is preceded by the words great, great-great, or grand or the spouse of any of these persons even if the marriage was terminated by death or dissolution.
(n)Nonrelative extended family member means an adult caregiver who has an established familial or mentoring relationship with the child, as described in Section 362.7.
(o)Voluntary placement means an out-of-home placement of a child by (1) the county welfare department, probation department, or Indian tribe that has entered into an agreement pursuant to Section 10553.1, after the parents or guardians have requested the assistance of the county welfare department and have signed a voluntary placement agreement; or (2) the county welfare department licensed public or private adoption agency, or the department acting as an adoption agency, after the parents have requested the assistance of either the county welfare department, the licensed public or private adoption agency, or the department acting as an adoption agency for the purpose of adoption planning, and have signed a voluntary placement agreement.
(p)Voluntary placement agreement means a written agreement between either the county welfare department, probation department, or Indian tribe that has entered into an agreement pursuant to Section 10553.1, licensed public or private adoption agency, or the department acting as an adoption agency, and the parents or guardians of a child that specifies, at a minimum, the following:
(1)The legal status of the child.
(2)The rights and obligations of the parents or guardians, the child, and the agency in which the child is placed.
(q)Original placement date means the most recent date on which the court detained a child and ordered an agency to be responsible for supervising the child or the date on which an agency assumed responsibility for a child due to termination of parental rights, relinquishment, or voluntary placement.
(r)(1)Transitional housing placement provider means an organization licensed by the State Department of Social Services pursuant to Section 1559.110 of the Health and Safety Code, to provide transitional housing to foster children at least 16 years of age and not more than 18 years of age, and nonminor dependents, as defined in subdivision (v). A transitional housing placement provider shall be privately operated and organized on a nonprofit basis.
(2)Prior to licensure, a provider shall obtain certification from the applicable county, in accordance with Section 16522.1.
(s)Transitional Housing Program-Plus means a provider certified by the applicable county, in accordance with subdivision (c) of Section 16522, to provide transitional housing services to former foster youth who have exited the foster care system on or after their 18th birthday.
(t)Whole family foster home means a new or existing family home, approved relative caregiver or nonrelative extended family members home, the home of a nonrelated legal guardian whose guardianship was established pursuant to Section 360 or 366.26, certified family home, or a host family home placement of a transitional housing placement provider, that provides foster care for a minor or nonminor dependent parent and his or her child, and is specifically recruited and trained to assist the minor or nonminor dependent parent in developing the skills necessary to provide a safe, stable, and permanent home for his or her child. The child of the minor or nonminor dependent parent need not be the subject of a petition filed pursuant to Section 300 to qualify for placement in a whole family foster home.
(u)Mutual agreement means any of the following:
(1)A written voluntary agreement of consent for continued placement and care in a supervised setting between a minor or, on and after January 1, 2012, a nonminor dependent, and the county welfare services or probation department or tribal agency responsible for the foster care placement, that documents the nonminors continued willingness to remain in supervised out-of-home placement under the placement and care of the responsible county, tribe, consortium of tribes, or tribal organization that has entered into an agreement with the state pursuant to Section 10553.1, remain under the jurisdiction of the juvenile court as a nonminor dependent, and report any change of circumstances relevant to continued eligibility for foster care payments, and that documents the nonminors and social workers or probation officers agreement to work together to facilitate implementation of the mutually developed supervised placement agreement and transitional independent living case plan.
(2)An agreement, as described in paragraph (1), between a nonminor former dependent or ward in receipt of Kin-GAP payments under Article 4.5 (commencing with Section 11360) or Article 4.7 (commencing with Section 11385), and the agency responsible for the Kin-GAP benefits, provided that the nonminor former dependent or ward satisfies the conditions described in Section 11403.01, or one or more of the conditions described in paragraphs (1) to (5), inclusive, of subdivision (b) of Section 11403. For purposes of this paragraph and paragraph (3), nonminor former dependent or ward has the same meaning as described in subdivision (aa).
(3)An agreement, as described in paragraph (1), between a nonminor former dependent or ward in receipt of AFDC-FC payments under subdivision (e) or (f) of Section 11405 and the agency responsible for the AFDC-FC benefits, provided that the nonminor former dependent or ward described in subdivision (e) of Section 11405 satisfies one or more of the conditions described in paragraphs (1) to (5), inclusive, of subdivision (b) of Section 11403, and the nonminor described in subdivision (f) of Section 11405 satisfies the secondary school or equivalent training or certificate program conditions described in that subdivision.
(v)Nonminor dependent means, on and after January 1, 2012, means a foster child, as described in Section 675(8)(B) of Title 42 of the United States Code under the federal Social Security Act 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, as described in Section 450, or regarding whom the court made the findings described in subdivisions (b) and (d) of Section 319 or the findings described in subdivision (d) of Section 636, and who satisfies all of the following criteria:
(1)He or she has attained 18 years of age while under an order of foster care placement by the juvenile court, and is not more than 19 years of age on or after January 1, 2012, not more than 20 years of age on or after January 1, 2013, or not more than 21 years of age on or after January 1, 2014, subject to an order for foster care, as defined in subdivision (f), and as described in Section 10103.5.
(2)He or she is in foster care under the placement and care responsibility of the county welfare department, county probation department, Indian tribe, consortium of tribes, or tribal organization that entered into an agreement pursuant to Section 10553.1.
(3)He or she has a transitional independent living case plan pursuant to Section 475(8) of the federal Social Security Act (42 U.S.C. Sec. 675(8)), as contained in the federal Fostering Connections to Success and Increasing Adoptions Act of 2008 (Public Law 110-351), as described in Section 11403.
(w)Supervised independent living placement means, on and after January 1, 2012, an independent supervised setting, as specified in a nonminor dependents transitional independent living case plan, in which the youth is living independently, pursuant to Section 472(c)(2) of the federal Social Security Act (42 U.S.C. Sec. 672(c)(2)).
(x)Supervised independent living setting, pursuant to Section 472(c)(2) of the federal Social Security Act (42 U.S.C. Sec. 672(c)(2)), includes both a supervised independent living placement, as defined in subdivision (w), and a residential housing unit certified by the transitional housing placement provider operating a Transitional Housing Placement-Plus Foster Care program, as described in paragraph (2) of subdivision (a) of Section 16522.1.
(y)Transitional independent living case plan means, on or after January 1, 2012, a childs case plan submitted for the last review hearing held before he or she reaches 18 years of age or the nonminor dependents case plan, updated every six months, that describes the goals and objectives of how the nonminor will make progress in the transition to living independently and assume incremental responsibility for adult decisionmaking, the collaborative efforts between the nonminor and the social worker, probation officer, or Indian tribal placing entity and the supportive services as described in the transitional independent living plan (TILP) to ensure active and meaningful participation in one or more of the eligibility criteria described in paragraphs (1) to (5), inclusive, of subdivision (b) of Section 11403, the nonminors appropriate supervised placement setting, and the nonminors permanent plan for transition to living independently, which includes maintaining or obtaining permanent connections to caring and committed adults, as set forth in paragraph (16) of subdivision (f) of Section 16501.1.
(z)Voluntary reentry agreement means a written voluntary agreement between a former dependent child or ward or a former nonminor dependent, who has had juvenile court jurisdiction terminated pursuant to Section 391, 452, or 607.2, and the county welfare or probation department or tribal placing entity that documents the nonminors desire and willingness to reenter foster care, to be placed in a supervised setting under the placement and care responsibility of the placing agency, the nonminors desire, willingness, and ability to immediately participate in one or more of the conditions of paragraphs (1) to (5), inclusive, of subdivision (b) of Section 11403, the nonminors agreement to work collaboratively with the placing agency to develop his or her transitional independent living case plan within 60 days of reentry, the nonminors agreement to report any changes of circumstances relevant to continued eligibility for foster care payments, and (1) the nonminors agreement to participate in the filing of a petition for juvenile court jurisdiction as a nonminor dependent pursuant to subdivision (e) of Section 388 within 15 judicial days of the signing of the agreement and the placing agencys efforts and supportive services to assist the nonminor in the reentry process, or (2) if the nonminor meets the definition of a nonminor former dependent or ward, as described in subdivision (aa), the nonminors agreement to return to the care and support of his or her former juvenile court-appointed guardian and meet the eligibility criteria for AFDC-FC pursuant to subdivision (e) of Section 11405.
(aa)Nonminor former dependent or ward means, on and after January 1, 2012, means either of the following:
(1)A nonminor who reached 18 years of age while subject to an order for foster care placement, and for whom dependency, delinquency, or transition jurisdiction has been terminated, care, as defined in subdivision (f), and who is still under the general jurisdiction of the court.
(2)A nonminor who is over 18 years of age and, while a minor, was a dependent child or ward of the juvenile court when the guardianship was established pursuant to Section 360 or 366.26, or subdivision (d), of Section 728 and the juvenile court dependency or wardship was dismissed following the establishment of the guardianship.
(ab)Runaway and homeless youth shelter means a type of group home, as defined in paragraph (14) of subdivision (a) of Section 1502 of the Health and Safety Code, that is not an eligible placement option under Sections 319, 361.2, 450, and 727, and that is not eligible for AFDC-FC funding pursuant to subdivision (c) of Section 11402 or Section 11462.
(ac)Transition dependent is a minor between 17 years and five months and 18 years of age who is subject to the courts transition jurisdiction under Section 450.
(ad)Short-term residential therapeutic program means a nondetention, licensed community care facility, as defined in paragraph (18) of subdivision (a) of Section 1502 of the Health and Safety Code, that provides an integrated program of specialized and intensive care and supervision, services and supports, and treatment for the child or youth, when the childs or youths case plan specifies the need for, nature of, and anticipated duration of this specialized treatment. Short-term residential therapeutic programs shall be organized and operated on a nonprofit basis.
(ae)Resource family means an approved caregiver, as defined in subdivision (c) of Section 16519.5.
(af)Core Services mean services, made available to children, youth, and nonminor dependents either directly or secured through formal agreement with other agencies, which are trauma informed and culturally relevant as specified in Sections 11462 and 11463.
SEC. 6.Section 11401 of the Welfare and Institutions Code is amended to read:11401.Aid in the form of AFDC-FC shall be provided under this chapter on behalf of any child under 18 years of age, and, on and after January 1, 2012, and to any nonminor dependent who meets the conditions of any of the following subdivisions:
(a)The child has been relinquished, for purposes of adoption, to a licensed adoption agency, or the department, or the parental rights of either or both of his or her parents have been terminated after an action under the Family Code has been brought by a licensed adoption agency or the department, provided that the licensed adoption agency or the department, if responsible for placement and care, provides to those children all services as required by the department to children in foster care.
(b)The child has been removed from the physical custody of his or her parent, relative, or guardian as a result of a voluntary placement agreement or a judicial determination that continuance in the home would be contrary to the childs welfare and that, if the child was placed in foster care, reasonable efforts were made, consistent with Chapter 5 (commencing with Section 16500) of Part 4, to prevent or eliminate the need for removal of the child from his or her home and to make it possible for the child to return to his or her home, and any of the following applies:
(1)The child has been adjudged a dependent child of the court on the grounds that he or she is a person described by Section 300.
(2)The child has been adjudged a ward of the court on the grounds that he or she is a person described by Sections 601 and 602, or, on or after January 1, 2012, the or the child or nonminor is under the transition jurisdiction of the juvenile court pursuant to Section 450.
(3)The child has been detained under a court order, pursuant to Section 319 or 636, that remains in effect.
(4)The childs or nonminors dependency jurisdiction, or transition jurisdiction pursuant to Section 450, has resumed pursuant to Section 387, or subdivision (a) or (e) of Section 388.
(c)The child has been voluntarily placed by his or her parent or guardian pursuant to Section 11401.1.
(d)The child is living in the home of a nonrelated legal guardian. guardian, or the nonminor is living in the home of a former nonrelated legal guardian.
(e)On and after January 1, 2012, the The child is a nonminor dependent who is placed pursuant to a mutual agreement as set forth in subdivision (u) of Section 11400, under the placement and care responsibility of the county child welfare services department, an Indian tribe that entered into an agreement pursuant to Section 10553.1, or the county probation department, or the child is a nonminor dependent reentering foster care placement pursuant to a voluntary agreement, as set forth in subdivision (z) of Section 11400.
(f)The child has been placed in foster care under the federal Indian Child Welfare Act. Sections 11402, 11404, and 11405 shall not be construed as limiting payments to Indian children, as defined in the federal Indian Child Welfare Act, placed in accordance with that act.
(g)To be eligible for federal financial participation, the conditions described in paragraph (1), (2), (3), or (4) shall be satisfied:
(1)(A)The child meets the conditions of subdivision (b).
(B)The child has been deprived of parental support or care for any of the reasons set forth in Section 11250.
(C)The child has been removed from the home of a relative as defined in Section 233.90(c)(1) of Title 45 of the Code of Federal Regulations, as amended.
(D)The requirements of Sections 671 and 672 of Title 42 of the United States Code, as amended, have been met.
(2)(A)The child meets the requirements of subdivision (h).
(B)The requirements of Sections 671 and 672 of Title 42 of the United States Code, as amended, have been met.
(C)This paragraph shall be implemented only if federal financial participation is available for the children described in this paragraph.
(3)(A)The child has been removed from the custody of his or her parent, relative, or guardian as a result of a voluntary placement agreement or a judicial determination that continuance in the home would be contrary to the childs welfare and that, if the child was placed in foster care, reasonable efforts were made, consistent with Chapter 5 (commencing with Section 16500) of Part 4, to prevent or eliminate the need for removal of the child from his or her home and to make it possible for the child to return to his or her home, or the child is a nonminor dependent who satisfies the removal criteria in Section 472(a)(2)(A)(i)) 472(a)(2)(A)(i) of the federal Social Security Act (42 U.S.C. Sec. 672 (a)(2)(A)(i)) and agrees to the placement and care responsibility of the placing agency by signing the voluntary reentry agreement, as set forth in subdivision (z) of Section 11400, and any of the following applies:
(i)The child has been adjudged a dependent child of the court on the grounds that he or she is a person described by Section 300.
(ii)The child has been adjudged a ward of the court on the grounds that he or she is a person described by Sections 601 and 602 or, on or after January 1, 2012, the child or nonminor is under the transition jurisdiction of the juvenile court, pursuant to Section 450.
(iii)The child has been detained under a court order, pursuant to Section 319 or 636, that remains in effect.
(iv)The childs or nonminors dependency jurisdiction, or transition jurisdiction pursuant to Section 450, has resumed pursuant to Section 387, or subdivision (a) or (e) of Section 388.
(B)The child has been placed in an eligible foster care placement, as set forth in Section 11402.
(C)The requirements of Sections 671 and 672 of Title 42 of the United States Code have been satisfied.
(D)This paragraph shall be implemented only if federal financial participation is available for the children described in this paragraph.
(4)With respect to a nonminor dependent, in addition to meeting the conditions specified in paragraph (1), the requirements of Section 675(8)(B) of Title 42 of the United States Code have been satisfied. With respect to a former nonminor dependent who reenters foster care placement by signing the voluntary reentry agreement, as set forth in subdivision (z) of Section 11400, the requirements for AFDC-FC eligibility of Section 672(a)(3)(A) of Title 42 of the United States Code are satisfied based on the nonminors status as a child-only case, without regard to the parents, legal guardians, or others in the assistance unit in the home from which the nonminor was originally removed.
(h)The child meets all of the following conditions:
(1)The child has been adjudged to be a dependent child or ward of the court on the grounds that he or she is a person described in Section 300, 601, or 602.
(2)The childs parent also has been adjudged to be a dependent child or nonminor dependent of the court on the grounds that he or she is a person described by Section 300, 450, 601, or 602 and is receiving benefits under this chapter.
(3)The child is placed in the same licensed or approved foster care facility in which his or her parent is placed and the childs parent is receiving reunification services with respect to that child.
SEC. 7.To the extent that this act has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state or otherwise be subject to Section 6 of Article XIIIB of the California Constitution.
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Date
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Status
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| Oct 12, 2017 | Chaptered by Secretary of State - Chapter 707, Statutes of 2017. |
| Oct 12, 2017 | Approved by the Governor. |
| Sep 25, 2017 | Enrolled and presented to the Governor at 12 p.m. |
| Sep 14, 2017 | Senate amendments concurred in. To Engrossing and Enrolling. |
| Sep 14, 2017 | In Assembly. Concurrence in Senate amendments pending. |
| Sep 14, 2017 | Read third time. Passed. Ordered to the Assembly. |
| Sep 12, 2017 | Ordered to special consent calendar. |
| Sep 11, 2017 | Read second time. Ordered to third reading. |
| Sep 8, 2017 | Read third time and amended. Ordered to second reading. |
| Sep 5, 2017 | Read second time. Ordered to third reading. |
| Sep 1, 2017 | From committee: Amend, and do pass as amended. (Ayes 7. Noes 0.) (September 1). |
| Aug 21, 2017 | In committee: Referred to APPR. suspense file. |
| Jul 12, 2017 | From committee: Do pass and re-refer to Com. on APPR. (Ayes 7. Noes 0.) (July 11). Re-referred to Com. on APPR. |
| Jun 28, 2017 | From committee: Do pass and re-refer to Com. on JUD. with recommendation: To Consent Calendar. (Ayes 5. Noes 0.) (June 27). Re-referred to Com. on JUD. |
| Jun 20, 2017 | From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on HUMAN S. |
| Jun 8, 2017 | Referred to Coms. on HUMAN S. and JUD. |
| May 30, 2017 | In Senate. Read first time. To Com. on RLS. for assignment. |
| May 30, 2017 | Read third time. Passed. Ordered to the Senate. (Ayes 77. Noes 0. Page 1823.) |
| May 26, 2017 | Read second time. Ordered to third reading. |
| May 3, 2017 | In committee: Set, first hearing. Referred to APPR. suspense file. |
| Apr 18, 2017 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 11. Noes 0.) (April 18). Re-referred to Com. on APPR. |
| Mar 22, 2017 | From committee: Do pass and re-refer to Com. on JUD. (Ayes 7. Noes 0.) (March 21). Re-referred to Com. on JUD. |
| Feb 27, 2017 | Referred to Coms. on HUM. S. and JUD. |
| Feb 15, 2017 | From printer. May be heard in committee March 17. |
| Feb 14, 2017 | Read first time. To print. |
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Date
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Description
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Location
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Votes
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| Sep 14, 2017 | AB 604 Gipson Special Consent Calendar 1st Day Regular Session | Assembly Floor |
Passed |
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| Sep 14, 2017 | Special Consent Calendar # AB604 | Senate Floor |
Passed |
|
| Sep 1, 2017 | Do pass as amended | Senate Standing Committee on Appropriations |
Passed |
|
| Aug 21, 2017 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Jul 11, 2017 | Do pass, but first be re-referred to the Committee on [Appropriations] | Senate Standing Committee on Judiciary |
Passed |
|
| Jun 27, 2017 | Do pass, but first be re-referred to the Committee on [Judiciary] with the recommendation: To Consent Calendar | Senate Standing Committee on Human Services |
Passed |
|
| May 30, 2017 | AB 604 GIPSON Assembly Third Reading | Assembly Floor |
Passed |
|
| May 26, 2017 | Do pass. | Assembly Standing Committee on Appropriations |
Passed |
|
| Apr 18, 2017 | Do pass and be re-referred to the Committee on [Appropriations] with recommendation: To Consent Calendar | Assembly Standing Committee on Judiciary |
Passed |
|
| Mar 21, 2017 | Do pass and be re-referred to the Committee on [Judiciary] | Assembly Standing Committee on Human Services |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| Alliance for Children's Rights | ** Support | Sep 12, 2017 |
| ASPIRANET | ** Support | Sep 12, 2017 |
| California Alliance Of Child And Family Services | * Support | Mar 21, 2017 |
| California Coalition For Youth | ** Support | Sep 12, 2017 |
| Children Now | ** Support | Sep 12, 2017 |
| Coalition for Youth | ** Support | Jun 23, 2017 |
| Five Acres | ** Support | Sep 12, 2017 |
| FORUM INDUSTRIES INC | * Support | Mar 21, 2017 |
| home start | ** Support | Sep 12, 2017 |
| Los Angeles Dependency Lawyers, Inc. | ** Support | Apr 14, 2017 |
| National Association of Social Workers | ** Support | Sep 12, 2017 |
| paradise oaks | ** Support | Sep 12, 2017 |
| Tipping Point Community | ** Support | Sep 12, 2017 |
| Youth Law Center | * Support | Mar 21, 2017 |
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 604
Author:(Gipson)
As Amended SVer:September 8, 2017
Majority vote
ASSEMBLY: | 77-0 | (May 30, 2017) | SENATE: | 40-0 | (September 14, 2017) |
Original Committee Reference: HUM. S.
SUMMARY: Requires the court to assume transition jurisdiction over a youth who was arrested for or convicted of any nonviolent offense committed while he or she was a victim of human trafficking regardless of a court order vacating the underlying adjudication, as specified.
Specifically, this bill:
- Requires the court to assume transition jurisdiction, as specified, over an individual regardless of a court order vacating the underlying adjudication related to nonviolent offenses committed while the individual was a victim of human trafficking, as specified in current law.
- Requires the Judicial Council, on or before January 1, 2019, to amend and adopt rules of court and develop appropriate forms to implement the requirement that the court assume transition jurisdiction over a victim of human trafficking who has had his or her underlying adjudication vacated, as specified.
- Allows a petition for the assumption or resumption of transition jurisdiction to be brought before the court by a nonminor, as specified, notwithstanding a court order vacating the underlying adjudication of any nonviolent offense committed while he or she was a victim of human trafficking as specified in current law.
- Declares that a minor or nonminor who met or would meet certain age, placement, and rehabilitative criteria notwithstanding a court order vacating the underlying adjudication of any nonviolent offense committed while he or she was a victim of human trafficking, as specified in current law, and he or she has not attained 21 years of age, is within the transition jurisdiction of the juvenile court.
- Allows the court, at a hearing during which termination of jurisdiction over a ward is considered, to assume transition jurisdiction over a ward, transition dependent, or nonminor dependent whose underlying adjudication of any nonviolent offense committed while he or she was a victim of human trafficking, as specified in current law.
- Adds as a condition for provision of Aid to Families with Dependent Children- Foster Care (AFDC-FC) on behalf of a nonminor dependent that the child is living in the home of a former nonrelated legal guardian.
- Makes technical changes.
The Senate amendments:
- Delete Legislative intent language related to the entry and re-entry or youth in foster care.
- Delete language that allows a nonminor who has not yet attained 21 years of age and who exited foster care at or after the age of the majority to petition the court to assume dependency jurisdiction over himself or herself.
- Add language requiring the court to assume transition jurisdiction, as specified, over an individual regardless of a court order vacating the underlying adjudication related to nonviolent offenses committed while the individual was a victim of human trafficking, as specified in current law.
- Add language that requires the Judicial Council, on or before January 1, 2019, to amend and adopt rules of court and develop appropriate forms to implement the requirement that the court assume transition jurisdiction over a victim of human trafficking who has had his or her underlying adjudication vacated, as specified.
- Delete the requirement that the juvenile court that retained general jurisdiction over a nonminor, as specified, order that a hearing be held within 15 judicial days if the court previously made findings relating to the need for placement in foster care, as specified, regarding him or her, and if other specified criteria already required by law are met, thereby reverting to current law.
- Delete language that allows a nonminor former dependent to petition the court in which he or she was previously found to be a delinquent child of the juvenile court for a hearing to determine whether to assume jurisdiction if: he or she was eligible to receive aid after 18 years of age under the Kinship Guardianship Assistance Payment Program (Kin-GAP) and whose former guardian or guardians died or no longer provide ongoing support to the minor after the nonminor attained 18 years of age but has not yet attained 21 years of age; or if he or she is a nonminor who was eligible to receive AAP payments and whose adoptive parent or parents died or no longer provide ongoing support to the nonminor after the nonminor attained 18 years of age but has not yet attained 21 years of age.
- Add language specifying that a nonminor, as specified, for whom the court has dismissed dependency jurisdiction, may bring a petition before the court to resume the dependency jurisdiction, notwithstanding a court order vacating the underlying adjudication of any nonviolent offense committed while he or she was a victim of human trafficking as specified in current law.
- Add language specifying that a minor or nonminor who met or would meet certain age, placement, and rehabilitative criteria notwithstanding a court order vacating the underlying adjudication of any nonviolent offense committed while he or she was a victim of human trafficking, as specified in current law, and he or she has not attained 21 years of age, is within the transition jurisdiction of the juvenile court.
- Add language allowing the court, at a hearing during which termination of jurisdiction over a ward is considered, to assume transition jurisdiction over a ward, transition dependent, or nonminor dependent whose underlying adjudication of any nonviolent offense committed while he or she was a victim of human trafficking, as specified in current law.
- Make technical changes.
EXISTING LAW:
- Establishes a state and local system of child welfare services, including foster care, for children who have been adjudged by the court to be at risk or have been abused or neglected, as specified. (Welfare and Institutions Code Section (WIC) 202)
- States the intent of the Legislature to preserve and strengthen a child's family ties whenever possible and to reunify a foster youth with his or her biological family whenever possible, or to provide a permanent placement alternative, such as adoption or guardianship. (WIC 16000)
- Provides for extended foster care funding for youth until age 21, as well as adopts other changes to conform to the federal Fostering Connections to Success Act. (WIC 241.1, 303, 366.3, 388, 391, 450, 11400, 11402, 11403)
- Defines "nonminor dependent" as a current or former foster youth who is between 18 and 21 years old, in foster care under the responsibility of the county welfare department, county probation department, or Indian Tribe, and participating in a transitional independent living plan, as specified. (WIC 11400(v))
- Defines "nonminor former dependent or ward" as either:
- A nonminor who turned 18 while subject to an order for foster care placement, and for whom dependency, delinquency, or transition jurisdiction has been terminated, and who is still under the general jurisdiction of the court; or
- A nonminor who is at least 18 years old and, while a minor, was a dependent child or ward of the juvenile court when the guardianship was established, as specified, and the juvenile court dependency or wardship was dismissed following the establishment of the guardianship. (WIC 11400(aa))
- Allows a nonminor former foster youth under the age of 21 to petition the court for re-entry into foster care if his or her guardian or adoptive parent is no longer providing him or her with support, as specified. (WIC 388.1)
- Establishes that termination of kinship guardianship also terminates eligibility for KinGAP unless specified conditions apply and an alternate guardian or co-guardian is appointed. (WIC 388.1(e))
- Permits a nonminor former dependent who previously received Kin-GAP or AAP, and whose guardian or adoptive parent dies or no longer provides ongoing support or receives benefits on behalf of the nonminor, to petition the court to re-enter extended foster care if the nonminor meets other criteria for eligibility for extended foster care. (WIC 388.1 and WIC 11403(c))
- Establishes the Kinship Guardianship Assistance Payment Program (Kin-GAP) in order to enhance family preservation by ensuring that youth are in long-term, stable placements with relatives, as specified. (WIC 11360, et seq.)
- Establishes the Adoption Assistance Program in order to benefit eligible children residing in foster care by providing the stability and security of permanent homes, as specified. (WIC 16115, et seq.)
FISCAL EFFECT: According to the Senate Appropriations Committee on September 1, 2017, this bill may result in the following costs:
- Unknown, potentially significant costs for extending foster care to former foster youth who were brought into the child welfare system as Commercial Sexually Exploited Children (CSEC) victims (General Fund); and
- Ongoing increase in state costs in the range of $78,000 to $103,000 (General Fund) per year for each nonminor former dependent that is now eligible to petition the court to resume dependency under the extended foster care program. To the extent the adoptive parents or guardians of a nonminor former dependent were still receiving extended Kin-GAP or AAP payments, estimated costs would be offset in part by savings from terminated guardianship/adoptions of $10,000 to $12,000 per case per year.
COMMENTS:
Child Welfare Services: The purpose of California's Child Welfare Services (CWS) system is to protect children from abuse and neglect and provide for their health and safety. When children are identified as being at risk of abuse, neglect or abandonment, county juvenile courts hold legal jurisdiction and children are served by the CWS system through the appointment of a social worker. Through this system, there are multiple opportunities for the custody of the child, or his or her placement outside of the home, to be evaluated, reviewed and determined by the judicial system, in consultation with the child's social worker, to help provide the best possible services to the child. The CWS system seeks to help children who have been removed from their homes reunify with their parents or guardians, whenever appropriate, or unite them with other individuals they consider to be family. There are currently over 64,000 children and youth in California's child welfare system
Extended foster care: In September 2010, Governor Brown signed AB 12 (Beall), Chapter 559, Statutes of 2010, which extended foster care benefits for eligible youth aging out of the foster care system. Rather than leave youth without support on their 18th birthday, AB 12 provides transitional youth, referred to as nonminor dependents, with access to resources and mentorship until they turn 21. AB 12 allows provides these youth with the opportunity to experience independent living in supervised living environments and the opportunity to obtain educational and employment training in order to better prepare them for a successful transition into adulthood and self-sufficiency. In order to qualify for extended foster care, youth must meet certain eligibility criteria.
Need for this bill: According to the author's office, "[This bill] removes barriers to participation in extended foster care for youth who were intended to have access to the program. The bill removes an administrative barrier to re-entry for those youth who experience a failed guardianship or adoption after age 18. This bill also addresses an unintended consequence for youth who are victims of human trafficking from having to choose between vacating their juvenile adjudication or accessing extended foster care."
PRIOR LEGISLATION
AB 2454 (Quirk Silva), Chapter 769, Statutes of 2014, permitted a nonminor former dependent who previously received extended Kinship Guardianship Assistance Payment (Kin-GAP) or Adoption Assistance Payment (AAP), but whose former guardians are no longer providing support to the nonminor, to petition the court to resume dependency under the extended foster care program.
AB 212 (Beall), Chapter 459, Statutes of 2011, made various clarifying and substantive changes to the California Fostering Connections to Success Act in order to ensure proper implementation on January 1, 2012, and other changes to existing state law in order to comply with various provisions of federal law.
AB 12 (Beall), Chapter 559, Statutes of 2010, the California Fostering Connections to Success Act provides an option for continued jurisdiction of federally-eligible nonminor dependents or former dependents of the juvenile court who are between the ages of 18 and 21, as specified.
AB 1808 (Assembly Budget Committee), Chapter 75, Statutes of 2006, extended the provisions of the Kin-GAP program to probation youth exiting the delinquency system to live with a related guardian.
SB 1901 (McPherson,) Chapter 1055, Statutes of 1998, established the Kinship Guardian Assistance Program.
Analysis Prepared by: Kelsy Castillo / HUM. S. / (916) 319-2089 FN: 0002347
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB |
THIRD READING
Bill No: AB 604
:
SENATE HUMAN SERVICES COMMITTEE: 5-0, 6/27/17
AYES: Wiener, Berryhill, Glazer, Newman, Nguyen
SENATE JUDICIARY COMMITTEE: 7-0, 7/11/17
AYES: Jackson, Moorlach, Anderson, Hertzberg, Monning, Stern, Wieckowski
SENATE APPROPRIATIONS COMMITTEE: 7-0, 9/1/17
AYES: Lara, Bates, Beall, Bradford, Hill, Nielsen, Wiener
ASSEMBLY FLOOR: 77-0, 5/30/17 - See last page for vote
SOURCE: Alliance for Children’s Rights
California Coalition for Youth
Tipping Point Community
DIGEST:
This bill requires the court to assume transition jurisdiction over a minor or nonminor whose adjudication was vacated because he or she was a victim of human trafficking when the crime was committed, as specified. This bill also grants a nonminor who was adopted but is no longer receiving support from his or her parents the right to petition a court for entry into extended foster care, even if the adoptive parents are still receiving aid for the nonminor.
Senate Floor Amendments of 9/8/17 remove language authorizing a nonminor who was adopted but is no longer receiving support from his or her parents the right to petition a court for entry into extended foster care, even if the adoptive parents are still receiving aid for the nonminor, and make other conforming changes.
Existing law:
- Establishes the jurisdiction of the juvenile court to adjudge certain children to be dependents of the court under circumstances including that the child has suffered abuse or neglect, or has been made a ward of the court, and to provide care to those children.
- Authorizes the juvenile court to assume transitional jurisdiction over a minor or nonminor ward in foster care placement who is between 17 years and five months of age and 18 years of age and declared to be a ward of the juvenile court for committing an offense, as specified, and meets one of several mitigating conditions.
- Defines a nonminor dependent to be 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 has turned 18 while under an order of foster care placement by a county welfare or probation department, or other entities as specified, and has a transitional independent living case plan, as defined.
- Permits a victim of human trafficking to petition the court to vacate his or her convictions and arrests, as specified.
This bill:
- Requires a court to assume transition jurisdiction over a child who was made a ward or dependent of the court as a commercially sexually exploited child, but whose court order was vacated based on recent statute to decriminalize such activity.
- Requires the Judicial Council to adopt rules of court and develop appropriate forms to implement the placement of such children in transition jurisdiction.
- Extends a nonminor’s right to petition the court to enter extended foster care, as specified, to nonminors whose underlying criminal case was vacated based on the decriminalization of CSEC activity.
Background
Each year in California, about 5,000 youth emancipate from foster care, which is by far the largest number of any state in the union. According to data from the state’s Child Welfare Services/Case Management System, about 52,000 Californians emancipated from foster care between 1999 and 2009. The immediate outcomes for these young adults are sobering. Studies have shown that former foster youth, when compared to other young adults of the same age and race, are less likely to complete high school, attend college, or be employed. They are also at a higher risk for becoming homeless, arrested, or incarcerated.
Extended Foster Care. Extended foster care is intended to bridge the gap between the intensive supervision of foster care and unsupervised adulthood by maintaining a safety net of support while providing the youth independence and additional educational or work opportunities. It was prompted by the recognition that many youth were unable to successfully transition from foster care or group care to adulthood without additional guidance and assistance.
The federal Fostering Connections to Success and Increasing Adoptions Act of 2008 (P.L. 110-351) enabled states to expand the definition of a foster “child,” by creating extended care for youth up to age 21. The federal law allows foster youth to remain in care past age 18 if they are completing secondary education or a high school equivalency credential, enrolled in post-secondary or vocational education, employed for at least 80 hours a month or participating in other qualifying activities.
In 2010, California enacted AB 12 (Beall, Chapter 559, Statutes of 2010), which permits foster youth to remain in extended foster care until age 21, under the same criteria as the federal statute. Youth participation in the program has exceeded expectation. Between July 2010 and July 2014, the number of youth age 18-20 in extended foster care in California increased 211 percent, from 2,908 to 9,032, according to data compiled by UC Berkeley.
Re-entry into foster care. Current law allows for the court to resume jurisdiction of a former nonminor dependent or ward of the court. In these cases, a youth who was receiving foster care services when he or she turned 18 may opt to re-enter foster care and draw down services to help transition into adulthood.
In order to re-enter foster care, a nonminor dependent must submit a petition to the juvenile court for a hearing to ask the court to resume dependency. A court has 15 days in which to set the hearing, and must notify the nonminor and appropriate child welfare or probation department, as well as any other person requested by the nonminor of the hearing’s time, date and location.
Commercially Sexually Exploited Children (CSEC). According to the National Center for Missing and Exploited Children, one in six of the nation’s 18,500 runaways in 2016 were likely to be sex trafficking victims and 86 percent of likely sex trafficking victims were in foster care when they went missing. CSEC has become a high profile concern in recent years. The Federal Bureau of Investigation reports that as many as 100,000 children are commercially sexually exploited each year nationally, and that three regions in California are hot spots for exploitation: Los Angeles, the Bay Area and San Diego. Generally, children between the ages of 11 and 14 are most likely to fall victim to commercial sexual exploitation.
California over the past five years has enacted legislation to add CSEC to the list of potential reasons for a child to be brought into the child welfare system for treatment, funded training for social workers and providers and treatment for youth, and decriminalize prostitution for minors. The latter provision has created a situation where CSEC victims who are under the jurisdiction of the juvenile court for CSEC-related crimes, and then have their criminal histories vacated are unable to petition the court to be in extended foster care. This bill addresses that gap.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
According to the Senate Appropriations Committee, unknown, potentially significant costs for extending foster care to former foster youth who were brought into the child welfare system as CSEC victims (GF). The analysis also identified ongoing increase in state costs in the range of $78,000 to $103,000 (GF) per year for each nonminor former dependent that is now eligible to petition the court to resume dependency under the extended foster care program, and to the extent the adoptive parents or guardians of a nonminor former dependent were still receiving extended Kin-GAP or AAP payments, estimated costs would be offset in part by savings from terminated guardianship/adoptions of $10,000 to $12,000 per case per year. This language has been removed by recent amendments.
Alliance for Children’s Rights (co-source)
California Coalition for Youth (co-source)
Tipping Point Community (co-source)
Aspiranet
Children Now
Five Acres
Home Start
National Association of Social Workers
Paradise Oaks
None received
ASSEMBLY FLOOR: 77-0, 5/30/17
AYES: Acosta, Aguiar-Curry, Travis Allen, Arambula, Baker, Berman, Bigelow, Bloom, Bocanegra, Bonta, Brough, Burke, Caballero, Calderon, Cervantes, Chávez, Chen, Chiu, Chu, Cooley, Cooper, Cunningham, Dababneh, Dahle, Daly, Flora, Fong, Frazier, Friedman, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gomez, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Quirk, Quirk-Silva, Reyes, Ridley-Thomas, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon
NO VOTE RECORDED: Chau, Choi, Eggman
9/12/17 21:38:40
**** END ****
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB |
THIRD READING
Bill No: AB 604
:
SENATE HUMAN SERVICES COMMITTEE: 5-0, 6/27/17
AYES: Wiener, Berryhill, Glazer, Newman, Nguyen
SENATE JUDICIARY COMMITTEE: 7-0, 7/11/17
AYES: Jackson, Moorlach, Anderson, Hertzberg, Monning, Stern, Wieckowski
SENATE APPROPRIATIONS COMMITTEE: 7-0, 9/1/17
AYES: Lara, Bates, Beall, Bradford, Hill, Nielsen, Wiener
ASSEMBLY FLOOR: 77-0, 5/30/17 - See last page for vote
SOURCE: California Coalition for Youth
Alliance for Children’s Rights
Tipping Point Community
DIGEST:
This bill requires the court to assume transition jurisdiction over a minor or nonminor whose adjudication was vacated because he or she was a victim of human trafficking when the crime was committed, as specified. This bill also grants a nonminor who was adopted but is no longer receiving support from his or her parents the right to petition a court for entry into extended foster care, even if the adoptive parents are still receiving aid for the nonminor.
Existing law:
- Establishes the jurisdiction of the juvenile court to adjudge certain children to be dependents of the court under circumstances including that the child has suffered abuse or neglect, or has been made a ward of the court, and to provide care to those children.
- Authorizes the juvenile court to assume transitional jurisdiction over a minor or nonminor ward in foster care placement who is between 17 years and five months of age and 18 years of age and declared to be a ward of the juvenile court for committing an offense, as specified, and meets one of several mitigating conditions.
- Defines a nonminor dependent to be 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 has turned 18 while under an order of foster care placement by a county welfare or probation department, or other entities as specified, and has a transitional independent living case plan, as defined.
- Permits a nonminor former dependent, who exited care after 18 years of age on whose behalf Kin-GAP or Adoption Assistance Payments were made to a caregiver to petition to re-enter dependency if the caregiver died, or the caregiver is no longer providing ongoing support and no longer receiving benefits on behalf of the child.
- Permits foster care payments to be made to a nonminor dependent under specified circumstances and in certain living arrangements.
- Permits a victim of human trafficking to petition the court to vacate his or her convictions and arrests, as specified.
This bill:
- Requires a court to assume transition jurisdiction over a child who was made a ward or dependent of the court as a commercially sexually exploited child, but whose court order was vacated based on recent statute to decriminalize such activity. Requires the Judicial Council to adopt rules of court and develop appropriate forms to implement the placement of such children in transition jurisdiction.
- Deletes the requirement that benefits must no longer be paid to a guardian of a former dependent in order for the nonminor to be eligible to petition the court to resume jurisdiction.
- Requires that at least three days prior to a hearing set to consider resumption of jurisdiction, that notice be provided to the nonminor, the appropriate child welfare agency or probation department, the nonminor’s adoptive parent or parents, the nonminor’s guardian or guardians, and any other person requested by the nonminor in the petition.
Background
Each year in California, about 5,000 youth emancipate from foster care, which is by far the largest number of any state in the union. According to data from the state’s Child Welfare Services/Case Management System, about 52,000 Californians emancipated from foster care between 1999 and 2009. The immediate outcomes for these young adults are sobering. Studies have shown that former foster youth, when compared to other young adults of the same age and race, are less likely to complete high school, attend college, or be employed. They are also at a higher risk for becoming homeless, arrested, or incarcerated.
Extended Foster Care. Extended foster care is intended to bridge the gap between the intensive supervision of foster care and unsupervised adulthood by maintaining a safety net of support while providing the youth independence and additional educational or work opportunities. It was prompted by the recognition that many youth were unable to successfully transition from foster care or group care to adulthood without additional guidance and assistance.
The federal Fostering Connections to Success and Increasing Adoptions Act of 2008 (P.L. 110-351) enabled states to expand the definition of a foster “child,” by creating extended care for youth up to age 21. The federal law allows foster youth to remain in care past age 18 if they are completing secondary education or a high school equivalency credential, enrolled in post-secondary or vocational education, employed for at least 80 hours a month or participating in other qualifying activities.
In 2010, California enacted AB 12 (Beall, Chapter 559, Statutes of 2010), which permits foster youth to remain in extended foster care until age 21, under the same criteria as the federal statute. Youth participation in the program has exceeded expectation. Between July 2010 and July 2014, the number of youth age 18-20 in extended foster care in California increased 211 percent, from 2,908 to 9,032, according to data compiled by UC Berkeley.
Re-entry into foster care. Current law allows for the court to resume jurisdiction of a former nonminor dependent or ward of the court. In these cases, a youth who was receiving foster care services when he or she turned 18 may opt to re-enter foster care and draw down services to help transition into adulthood. In addition, the law allows a former foster youth, whose adoptive parent or guardian dies before the youth turns 21 or whose adoption or guardianship is disrupted, to re-enter the child welfare system as a nonminor dependent if he or he or she meets the criteria.
In order to re-enter foster care, a nonminor dependent must submit a petition to the juvenile court for a hearing to ask the court to resume dependency. A court has 15 days in which to set the hearing, and must notify the nonminor and appropriate child welfare or probation department, as well as any other person requested by the nonminor of the hearing’s time, date and location. Prior to the hearing, the nonminor may voluntarily re-enter foster care if the guardian or adoptive parent has died or is no longer receiving aid or benefits on behalf of the nonminor.
In Re: Jesse S. An appellate ruling this month points out the gap in California’s re-entry statute and implores the Legislature to resolve the problem. The case involves a former foster youth, identified in court records as Jesse S. About four months before his 20th birthday in 2016, Jesse S. filed a request to return to juvenile court jurisdiction and the foster care system, according to the appellate opinion.
His reason was that the couple who adopted him the day before his 18th birthday was no longer supporting him, even though they were receiving payments on his behalf from California’s Adoption Assistance Program (AAP). The judge denied Jesse’s request because “the very fact the couple were still receiving AAP payments on Jesse’s behalf precluded Jesse from reentry into the juvenile dependency system.”
The appellate court “reluctantly” affirmed the ruling, writing that “Jesse has pointed out an anomaly in (statute) that the Legislature might want to address. The trial judge read current section 388.1, subdivision (a) (4), to mean exactly what it says: A nonminor between 18 and 21 is eligible for reentry into the juvenile dependency and foster care system only if his or her adoptive parents no longer provide ongoing support to that nonminor and also no longer collect AAP benefits on behalf of that minor. Since there was no question Jesse’s adoptive parents were still collecting AAP payments on Jesse’s behalf, the judge was forced to conclude Jesse was not eligible for reentry under the statute.
“We agree with Jesse’s point that the Legislature probably did not intend a former foster youth’s reentry in the dependency system to depend on the glacial bureaucratic processes which govern termination of AAP payments to adoptive parents no longer supporting adopted ex-foster care youth. That said, while the literal application of the statute may yield an anomalous and unintended result in cases like Jesse’s, those results are not so anomalous that we can accept Jesse’s invitation to invoke the common law absurdity rule to delete what the Legislature plainly included when it drafted section 388.1. The problem requires a legislative fix if there is to be one.”
Commercially Sexually Exploited Children (CSEC). According to the National Center for Missing and Exploited Children, one in six of the nation’s 18,500 runaways in 2016 were likely to be sex trafficking victims and 86 percent of likely sex trafficking victims were in foster care when they went missing. CSEC has become a high profile concern in recent years. The Federal Bureau of Investigation reports that as many as 100,000 children are commercially sexually exploited each year nationally, and that three regions in California are hot spots for exploitation: Los Angeles, the Bay Area and San Diego. Generally, children between the ages of 11 and 14 are most likely to fall victim to commercial sexual exploitation.
California over the past five years has enacted legislation to add CSEC to the list of potential reasons for a child to be brought into the child welfare system for treatment, funded training for social workers and providers and treatment for youth, and decriminalize prostitution for minors. The latter provision has created a situation where CSEC victims who are under the jurisdiction of the juvenile court for CSEC-related crimes, and then have their criminal histories vacated are unable to petition the court to be in extended foster care. This bill addresses that gap.
FISCAL EFFECT: Appropriation: Fiscal Com.: Local:
According to the Senate Appropriations Committee, unknown, potentially significant costs for extending foster care to former foster youth who were brought into the child welfare system as CSEC victims (GF). Ongoing increase in state costs in the range of $78,000 to $103,000 (GF) per year for each nonminor former dependent that is now eligible to petition the court to resume dependency under the extended foster care program. To the extent the adoptive parents or guardians of a nonminor former dependent were still receiving extended Kin-GAP or AAP payments, estimated costs would be offset in part by savings from terminated guardianship/adoptions of $10,000 to $12,000 per case per year.
Alliance for Children’s Rights (co-source)
California Coalition for Youth (co-source)
Tipping Point Community (co-source)
Aspiranet
Children Now
Five Acres
Home Start
National Association of Social Workers
Paradise Oaks
OPPOSITION: (Verified 8/27/17)
None received
ASSEMBLY FLOOR: 77-0, 5/30/17
AYES: Acosta, Aguiar-Curry, Travis Allen, Arambula, Baker, Berman, Bigelow, Bloom, Bocanegra, Bonta, Brough, Burke, Caballero, Calderon, Cervantes, Chávez, Chen, Chiu, Chu, Cooley, Cooper, Cunningham, Dababneh, Dahle, Daly, Flora, Fong, Frazier, Friedman, Gallagher, Cristina Garcia, Eduardo Garcia, Gipson, Gloria, Gomez, Gonzalez Fletcher, Gray, Grayson, Harper, Holden, Irwin, Jones-Sawyer, Kalra, Kiley, Lackey, Levine, Limón, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Muratsuchi, Nazarian, Obernolte, O'Donnell, Patterson, Quirk, Quirk-Silva, Reyes, Ridley-Thomas, Rodriguez, Rubio, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Voepel, Waldron, Weber, Wood, Rendon
NO VOTE RECORDED: Chau, Choi, Eggman
9/3/17 18:00:38
**** END ****
SENATE COMMITTEE ON APPROPRIATIONS
Senator Ricardo Lara, Chair
2017 - 2018 Regular Session
AB 604 (Gipson) - Nonminor dependents: extended foster care benefits
Version: June 20, 2017 | Policy Vote: HUMAN S. 5 - 0, JUD. 7 - 0 |
Urgency: No | Mandate: Yes |
Hearing Date: September 1, 2017 | Consultant: Debra Cooper |
*********** ANALYSIS ADDENDUM – SUSPENSE FILE ***********
The following information is revised to reflect amendments
adopted by the committee on September 1, 2017
Bill Summary:
AB 604 would require the court to assume transition jurisdiction over a minor or nonminor whose adjudication was vacated because he or she was a victim of human trafficking when the crime was committed, as specified. This bill would also grant a nonminor who was adopted but is no longer receiving support from his or her parents the right to petition a court for entry into extended foster care, even if the adoptive parents are still receiving aid for the nonminor.
Fiscal Impact:
- Unknown, potentially significant costs for extending foster care to former foster youth who were brought into the child welfare system as CSEC victims. (GF)*
- Ongoing increase in state costs in the range of $78,000 to $103,000 (GF)* per year for each nonminor former dependent that is now eligible to petition the court to resume dependency under the extended foster care program. To the extent the adoptive parents or guardians of a nonminor former dependent were still receiving extended Kin-GAP or AAP payments, estimated costs would be offset in part by savings from terminated guardianship/adoptions of $10,000 to $12,000 per case per year.
*Proposition 30 (November 2012) eliminated any potential mandate funding liability for any new program or higher level of service mandated on local agencies related to realigned programs, including child welfare services and foster care. Rather, legislation enacted after September 30, 2012, that has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by realignment only apply to local agencies to the extent that the state provides annual funding for the cost increase. Local agencies are not obligated to provide programs or levels of service required by legislation above the level for which funding has been provided.
Author Amendments:
- Removes from the provisions of the bill that a youth who was subject to a foster care order, and who has not yet been adjudged a dependent or ward of the juvenile court, on his or her 18th birthday is able to access extended foster care benefits, even if the youth was absent from his or her foster care placement on his or her birthday.
- Makes technical and clarifying changes.
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SENATE COMMITTEE ON
Senator Ricardo Lara, Chair
2017 - 2018 Regular Session
AB 604 (Gipson) - Nonminor dependents: extended foster care benefits
Version: | Policy Vote: |
Urgency: | Mandate: |
Hearing Date: | Consultant: |
This bill meets the criteria for referral to the Suspense File.
Bill Summary:
AB 604 would expand the definition of a nonminor dependent to include a child who turns 18 while in temporary placement with a county child welfare department and would permit a court to place a child who is not determined to be a dependent into dependency or transition status for the purpose of eligibility for extended foster care. This bill would also grant a nonminor who was adopted but is no longer receiving support from his or her parents the right to petition a court for entry into extended foster care, even if the adoptive parents are still receiving aid for the nonminor.
Fiscal Impact:
- Unknown, significant costs for extending foster care to nonminor dependents who were in temporary placement while he/she turned 18, who otherwise would have been in foster care and for former foster youth who were brought into the child welfare system as CSEC victims. (GF)*
- Ongoing increase in state costs in the range of $78,000 to $103,000 (GF)* per year for each nonminor former dependent that is now eligible to petition the court to resume dependency under the extended foster care program. To the extent the adoptive parents or guardians of a nonminor former dependent were still receiving extended Kin-GAP or AAP payments, estimated costs would be offset in part by savings from terminated guardianship/adoptions of $10,000 to $12,000 per case per year.
*Proposition 30 (November 2012) eliminated any potential mandate funding liability for any new program or higher level of service mandated on local agencies related to realigned programs, including child welfare services and foster care. Rather, legislation enacted after September 30, 2012, that has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by realignment only apply to local agencies to the extent that the state provides annual funding for the cost increase. Local agencies are not obligated to provide programs or levels of service required by legislation above the level for which funding has been provided.
Background:
The California Fostering Connections to Success Act of 2010 exercised the state option under the federal Fostering Connections to Success and Increasing Adoptions Act of 2008 to assist foster youth in transitioning to adulthood by allowing continued foster care eligibility for nonminor dependents between age 18 and 21 in the Foster Care, Adoption Assistance Payment (AAP), and Kinship Guardianship Assistance Payment (Kin-GAP) programs. A youth who was receiving foster care services when he/she turned 18 may opt to reenter foster care by submitting a petition to the juvenile court for a hearing to ask the court to resume dependency. A court has 15 days to set the hearing and must notify the nonminor, appropriate child welfare or probation department, and any other person requested by the nonminor of the hearing’s time, date, and location.
Passage of AB 2454 (Quirk-Silva, Chapter 769, Statutes of 2014) allows former foster youth whose guardian or adoptive parent is no longer providing them with support to reenter foster care as a nonminor dependent. However, unintentional administrative barriers were included in AB 2454 that require a nonminor to prove that his or her guardians or adoptive parents are no longer receiving support, on behalf of the nonminor, before having an opportunity to petition the court. In cases where a relationship between the nonminor and guardian or adoptive parent no longer exists, yet the parent or guardian continues to receive funding while providing no support to the nonminor, the nonminor is ineligible to petition the court to reenter foster care. This bill would delete the requirement that the adoptive parent longer receive benefits on behalf of the nonminor in order for the court to assume dependency jurisdiction over the nonminor.
Commercially sexually exploited children (CSEC) have become a high profile concern in recent years. According to the National Center for Missing and Exploited Children, one in six of the nation’s 28,500 runaways in 2016 were likely to be sex trafficking victims and 86% of likely sex trafficking victims were in foster care when they went missing. Over the past five years, California has enacted legislation to add CSEC to the list of potential reasons for a child to be brought into the child welfare system for treatment, to fund training for social workers, and to decriminalize prostitution for minors. The latter provision has created a situation where CSEC victims who are under the jurisdiction of the juvenile court for CSEC activities have their criminal histories vacated, are therefore unable to petition the court to be in extended foster care. This bill would address that gap.
Proposed Law:
This bill would aim to ensure that a youth who was subject to a foster care order, and who has not yet been adjudged a dependent or ward of the juvenile court, on his or her 18th birthday is able to access extended foster care benefits, even if the youth was absent from his or her foster care placement on his or her birthday and ensure that all youth who exited foster care because a guardianship was established, or because he or she was adopted, are able to reenter foster care if his or her guardian or adoptive parent dies or if the guardianship or adoptive relationship is disrupted. Specifically, this bill would:
- Require a juvenile court to place under its jurisdiction any nonminor dependent, as defined, to include youth who are in temporary placement pending a detention hearing. Require that if the person is a nonminor dependent because he or she turned 18 while under an order of temporary placement, the court must vacate the initial petition hearing and instead set a hearing on whether to place the child into extended foster care;
- Require a court to assume transition jurisdiction over a child who was made a ward or dependent of the court as a commercially sexually exploited child, but whose court order was vacated based on recent statute to decriminalize such activity. Require the Judicial Council to adopt rules of court and develop appropriate forms to implement the placement of such children in transition jurisdiction;
- Permit a court, upon upholding an appeal of a petition to dismiss dependency for a child, to enter a subsequent order upholding the original dismissal, but require the date of the child’s dismissal from foster care be deemed effective on the date of the second hearing, even if the minor has subsequently turned 18;
- At an initial hearing for a nonminor dependent who turned 18 while in temporary placement with the county welfare department, require the court to do all of the following:
- Determine whether it is in the nonminor dependent’s best interest to remain in foster care;
- Order that the nonminor dependent’s placement and care are the responsibility of the county child welfare services department;
- Determine whether the nonminor dependent intends to satisfy at least one of the eligibility criteria, as specified, to set an appropriate hearing;
- Extend to children who turn 18 while in temporary placement the same opportunity to petition a juvenile court to remain in foster care, or to assume transition jurisdiction that is available to children who are in foster care at age 18. Additionally provide this opportunity to petition the court to remain under its jurisdiction to children who were made criminal wards of the court as commercially sexually exploited children, but whose underlying crimes were subsequently vacated;
- Permit a nonminor who is younger than 21 to petition the court to enter extended foster care if they were eligible to receive Kin-GAP or AAP payments after turning 18 and whose former guardian died after the nonminor turned 18, or the former guardians no longer provide ongoing support;
- Remove from the requirement to petition the court to re-enter foster care that the nonminor’s guardians or adoptive parents are no longer receiving aid on behalf of the nonminor, and make conforming changes;
- Require that the court give notice of a hearing to establish eligibility for extended foster care at least three days prior to the hearing, and add to those that must be notified the nonminor’s adoptive parent or parents and the nonminor’s guardian or guardians;
- Permit nonminors whose adoptive parents or guardians have died or are no longer providing ongoing support to enter a voluntary reentry agreement to establish eligibility for foster care benefits, which triggers a required hearing on reentry and entitles the nonminor to placement and supervision pending the court’s assumption of jurisdiction;
- Permit a minor or nonminor who would have been under the jurisdiction of the juvenile court during the qualifying age, except that their underlying CSEC crime was vacated, to assume transition jurisdiction and make related changes;
- Expand the definition of a nonminor dependent to include a nonminor who was subject to an order vesting temporary placement and care with the county child welfare department, and the definition of a nonminor former dependent or ward to include a nonminor who turned 18 while in temporary custody;
- Extend eligibility for foster care, adoption assistance or Kin-GAP payments to nonminor dependents who were eligible to receive benefits under specified criteria, and make conforming changes.
Related Legislation:
SB 823 (Block, Chapter 650, Statutes of 2016) authorizes the court, upon making specified findings, to vacate the conviction or adjudication of a child for solicitation or prostitution, and provides for the sealing and destruction of the petitioner’s arrest and court records, as specified.
AB 885 (Lopez, 2016) was substantially similar to portions of this bill. It would have allowed a former foster youth to reenter care by removing the requirement that a guardian or adoptive parent must no longer be receiving Kin-GAP aid or adoption assistance in order for a nonminor to be able to petition the court to remain in foster care. This bill was vetoed by Governor Brown.
AB 2454 (Quirk-Silva, Chapter 769, Statutes of 2014) permits a nonminor former dependent who previously received extended Kin-GAP or AAP, but whose guardian(s) or adoptive parent(s) no longer provides ongoing support to, and no longer receives aid on behalf of the nonminor, to petition the court to resume dependency under the extended foster care program.
AB 12 (Beall), Chapter 559, Statutes of 2010, the “California Fostering Connections to Success Act,” conformed state law to federal requirements to revise and expand programs and funding for certain foster and adopted children.
Staff Comments:
Under AB 2454, former foster youth are already eligible to petition the court to reenter foster care as a nonminor dependent. Under existing law, prior to the hearing, the nonminor may voluntarily reenter foster care if the guardian or adoptive parents has died or is no longer receiving aid or benefits on behalf of the nonminor.
An appellate court ruling in June 2017 pointed out a gap in California’s reentry statute and implored the Legislature to resolve the problem. The case involved a former foster youth who filed a request for reentry before his 20th birthday because the couple who adopted him the day before his 18th birthday was no longer supporting him, even though they were still receiving AAP payments on his behalf. The judge reluctantly denied the nonminor’s request because “the very fact the couple were still receiving AAP payments on [his] behalf precluded [him] from reentry into the juvenile dependency system.” This bill would address that gap in the ability for former foster youth to reenter the dependency system if they are no longer receiving the aid that they are otherwise eligible for.
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Senator Hannah-Beth Jackson, Chair
2017-2018 Regular Session
Bill No: AB 604 (Author:Gipson)
Version: June 20, 2017
Hearing Date: July 11, 2017
Fiscal: Yes
Urgency: No
Consultant: MS
SUBJECT
Nonminor dependents: extended foster care benefits
DESCRIPTION
This bill would, among other things, expand the definition of nonminor dependent (NMD) to include a nonminor subject to an order vesting temporary placement and care with a county child welfare department. The bill would also authorize a petition to be filed with the court to assume or resume dependency or transition jurisdiction over a nonminor for whom there was an order vesting temporary placement and care with the county child welfare department, but whom the court did not adjuge a ward or dependent of the juvenile court.
This bill would, among other things, delete the requirement that the adoptive parent no longer receive benefits on behalf of the nonminor in order for the court to assume dependency jurisdiction over the nonminor. This bill would also provide that if timely appeal is taken, or other appellate relief sought, from any order dismissing a petition to adjudge a minor to be a dependent of the court, upon reversal of the order, authorize either an appellate court or the juvenile court to enter an order sustaining the petition that sought to adjudge a minor to be a dependent of the court, notwithstanding the minor having reached 18 years of age.
BACKGROUND
Each year in California, about 5,000 youth emancipate from foster care, which is by far the largest number of any state in the union. According to data from the state’s Child Welfare Services/Case Management System, about 52,000 Californians emancipated from foster care between 1999 and 2009. The immediate outcomes for these young adults are sobering. Studies have shown that former foster youth, when compared to other young adults of the same age and race, are less likely to complete high school, attend college, or be employed. They are also at a higher risk for becoming homeless, arrested, or incarcerated. (See Foster Care in California, Public Policy Institute of California, 2010.)
In October 2008, the federal government enacted the Fostering Connections to Success and Increasing Adoptions Act (Public Law 110-351) which offers states the opportunity to opt-in to new federal funding streams if they choose to provide kinship-guardianship benefits to relative guardians or provide foster care to 18 to 21-year-old youth. AB 12 (Beall and Bass, Chapter 559, Statutes of 2010), the California Fostering Connections to Success Act (Act), authorized the juvenile courts to exercise jurisdiction over and extend foster care benefits to nonminor dependents between the ages of 18 to 21 if they meet the specified criteria. One year later, the Legislature enacted AB 212 (Beall, Chapter 459, Statutes of 2011) to aid in the implementation of the Act. AB 1712 (Beall, Chapter 846, Statutes of 2012) and AB 787 (Stone, Chapter 487, Statutes of 2013) further clarified specific issues related to that implementation, including clarifying that former nonminor dependents (NMD) who reached permanency, but whose guardian, relative, or adoptive parent died before their 21st birthday, may reenter extended foster care. AB 2454 (Quirk-Silva, Ch. 769, Stats. 2014) continued the Legislature’s efforts to ensure the Act is properly implemented by ensuring that NMDs whose guardian or adoptive parents fail to support them, as specified, are able to petition the court for reentry into the extended foster care program.
Children who emancipate from the delinquency system are generally not eligible for extended foster care. The two systems are distinct in that juvenile dependency deals with abused and neglected children, whereas juvenile delinquency deals with violations of law by a minor. If the court finds the allegations of an offense to be true, the minor is declared a ward of the court and usually placed on probation with terms and conditions, outlined in a case plan, that are designed to hold the minor accountable for his or her behavior and enable the minor to become a law-abiding and productive member of the community. The court must balance the interests of public safety and protection, the importance of victim restitution, and the best interests of the minor when deciding what conditions of probation to impose and where to place the minor, if removal from the home is necessary. However, research shows that youth who have contact with both the dependency and delinquency systems, typically because of illegal activity while under the care of the child welfare system, are the state’s “most vulnerable youth,” in part because of the likelihood that these children will experience mental health and substance abuse problems. (Nell Bernstein, Cal. State Library, Helping Those Who Need it Most: Meeting the Mental Health Care Needs of Youth in the Foster Care and Juvenile Justice Systems 3 (2005), < https://www.library.ca.gov/ crb/05/04/05-004.pdf> [as of July 2, 2017].)
Prior to 2005, all California counties exercised “exclusive jurisdiction” over these youth, meaning a child could only receive services from either the dependency or delinquency system. Thus, in cases where the court terminated dependency jurisdiction after the child violated the law, the child lost child welfare benefits, such as drug rehabilitation services, mental health counseling, and court-appointed parental supervision, in exchange for probation. (Jessica Springer, Orange County’s Answer to the Dual Jurisdictional Dilemma, November 2014, 56 Orange County Lawyer 30.) Recognizing the needs of this particular population, the Legislature passed AB 129 (Cohn, Chapter 468, Statutes of 2004) which gave counties the discretion to exercise either dual or exclusive jurisdiction over crossover youth. Despite this authority, only nine counties have adopted protocols in response to AB 129 and thus most still operate under an exclusive jurisdiction system. In those counties operating under an exclusive jurisdiction system, a former dependent youth who crossed over into the delinquency system is not eligible for extended foster care benefits.
In response to this, there has been legislation introduced that would address wards’ eligibility for extended foster care benefits. None of these efforts has become law due to concerns over costs. In 2014, AB 2573 (Mark Stone) sought to address the issue of former nonminor wards of the court who have not met all rehabilitative goals outlined in their case plan, but may still benefit from the court’s supervision. Specifically, AB 2573 would have allowed the court to exercise transition jurisdiction over these youth if they otherwise met the criteria for extended foster care benefits. AB 2573 was held in the Senate Appropriations Committee. SB 12 (Beall, 2015) would have provided that a dependent who crossed over into the juvenile delinquency system and turned 18 while in the delinquency system, is eligible for extended foster care. SB 12 died in the Assembly Appropriations Committee.
This bill would make several changes expanding nonminors’ eligibility for extended foster care. Specifically, this bill would make a youth eligible: who was subject to a foster care order before he or she reached 18 years of age but was not yet adjudged a ward of the juvenile court before reaching his or her 18th birthday; or who accessed foster care through the Kinship Guardian Assistance Program (Kin-GAP) or the Adoption Assistance Program but is no longer receiving ongoing support from their guardian or adopted parents, regardless of whether they still receive adoption assistance.
Finally, existing law provides that a victim of human trafficking to petition the court to vacate his or her convictions and arrests for any nonviolent offenses committed while they were a victim of trafficking. (Pen. Code Sec. 236.14.) Under existing requirements, there has been concerns that this would result in confusion over whether the minor or NMD was eligible for extended foster care because the jurisdiction of the juvenile court over the minor or NMD may no longer be clear. This bill would clarify the eligibility of such dependents or NMDs for extended foster care benefits.
CHANGES TO EXISTING LAW
Existing law, the California Fostering Connections to Success Act (Act), is a voluntary program for youth who meet specified work and education participation criteria. The Act provides, among other things, for the extension of transitional foster care benefits to eligible youth up to age 21, as specified. (Welf. & Inst. Code Sec. 11403 et seq.)
Existing law provides for the voluntary continuation or reentry into foster care for nonminor dependents who meet general Aid to Families with Dependent Children-Foster Care (AFDC-FC) requirements, and when the nonminor youth has signed a voluntary mutual agreement and one or more of the following conditions exist:
- the nonminor is working toward his or her high school education or an equivalent credential;
- the nonminor is enrolled in a postsecondary institution or vocational education program;
- the nonminor is participating in a program or activity designed to promote or remove barriers to employment;
- the nonminor is employed for at least 80 hours per month; and/or,
- the nonminor is incapable of doing any of the activities described above, due to a medical condition, and that incapability is supported by regularly updated information in the case plan of the nonminor. (Welf. & Inst. Code Sec. 11403.)
Existing law defines a “nonminor dependent” as a foster child who is a current dependent child or ward of the juvenile court, or who is a nonminor under the transitional jurisdiction of the juvenile court, and has turned 18 while under an order of foster care placement by a county welfare or probation department, or other entities as specified, and has a transitional independent living case plan, as defined. (Welf. & Inst. Code Sec. 11400(v).)
Existing law defines “nonminor former dependent or ward” as either:
- a nonminor who reached 18 years of age while subject to an order for foster care placement, for whom dependency, delinquency, or transitional jurisdiction has been terminated, and who is still under the general jurisdiction of the court; or
- a nonminor who is over 18 years of age and, while a minor, was a dependent child or ward of the juvenile court when the guardianship was established, as specified, and the juvenile court dependency or wardship was dismissed following the establishment of the guardianship. (Welf. & Inst. Code Sec. 11400(aa).)
Existing law provides that nonminor former dependents or wards are not eligible for reentry into extended foster care as nonminor dependents of the juvenile court, unless certain conditions apply. (Welf. & Inst. Code Sec. 11403.)
Existing law establishes the jurisdiction of the dependency court over children who have suffered or are at substantial risk of suffering serious physical harm inflicted non-accidentally upon the child by the child’s parent or guardian or as a result of the failure or inability of his or her parent or guardian to provide adequate supervision. (Welf. & Inst. Code Sec. 300 et seq.)
Existing law provides that a juvenile court may resume jurisdiction over a nonminor who has attained 18 years of age, but not yet attained 21 years of age, and for whom the court has dismissed dependency, delinquency or transition jurisdiction. (Welf. & Inst. Code Sec. 303.)
Existing law requires a county to file a petition to the court requesting a detention hearing within 48 hours of placing a child under temporary custody to determine whether a child should remain in custody and whether any specific court permissions are necessary to provide for the health and safety of the child. (Welf. & Inst. Code Sec. 313.)
Existing law provides that a court may detain a child and either order placement in out-of-home care, or return the child home under the supervision of the county and with services ordered for child’s parents to help them resume custody of the child. The court must document in the child’s case file the attempts that were made to reunify or maintain the child with his or her parents. (Welf. & Inst. Code Sec. 319.)
Existing law provides that at the last review hearing to be held before a minor dependent attains 18 years of age, the court must ensure the case plan for the minor includes a plan for the minor to satisfy the requirements of extended foster care, as provided. (Welf. & Inst. Code Sec. 366.31.)
Existing law requires each licensed foster family agency submit reports for each nonminor dependent in its care to the court concerning the continuing appropriateness and extent of compliance with the nonminor dependent’s permanent plan, the extent of compliance with the transitional independent living case plan, and the type and adequacy of services provided to the nonminor dependent. (Welf. & Inst. Code Sec. 366.31(g).)
Existing law provides for the juvenile court to assume transitional jurisdiction over a minor or nonminor ward in foster care placement who is between 17 years and five months of age and 18 years of age and declared to be a ward of the juvenile court for committing an offense, as specified, and meets one of several mitigating conditions. (Welf. & Inst. Code Sec. 450, 451.)
Existing law provides that the dependency court shall not terminate jurisdiction over a nonminor unless a hearing is conducted to consider the termination of the jurisdiction of the juvenile court, as provided. (Welf. & Inst. Code Sec. 391.)
Existing law includes, within the definition of “child welfare services,” public social services that are directed toward the prevention of exploitation or delinquency of children as well as services provided on behalf of children alleged to be the victims of exploitation. (Welf. & Inst. Code Sec. 16501.)
Existing law provides that a nonminor who has not attained 21 years of age and who was previously found to be a dependent or delinquent child of the juvenile court may petition for a hearing to determine whether the court should assume dependency jurisdiction over the nonminor if the nonminor’s guardian(s) or adoptive parent(s), as applicable:
- died after the minor attained 18 years of age; or
- are no longer providing ongoing support to, and no longer receive Adoption Assistance Program (AAP) benefits or Kinship Guardianship Assistance Payment (Kin-GAP) benefits on behalf of, the nonminor after the nonminor attained 18 years of age but before the nonminor attained 21 years of age. (Welf. & Inst. Code Sec. 388.1)
Existing law provides that a minor who violates a state, federal, or local law is within the jurisdiction of the juvenile court, which may adjudge such person to be a ward of the court. (Welf. & Inst. Code Sec. 602.)
Existing law provides that a victim of human trafficking may petition the court to vacate his or her convictions and arrests for any nonviolent offenses committed while they were a victim of trafficking. (Pen. Code Sec. 236.14.)
This bill would provide that if the person is a nonminor dependent because they attained 18 years of age while under a foster care placement order, including an order vesting temporary placement and care with the county child welfare department, at the next regularly scheduled court hearing, the court shall vacate the regularly scheduled hearing and set a hearing to review the nonminor’s plan for complying with the requirements of extended foster care, as provided.
This bill would provide that the dependency court shall assume transition jurisdiction, as provided, over a person notwithstanding a court order vacating the adjudication of any arrest of conviction of any nonviolent offense committed while they were a victim of human trafficking.
This bill would provide that if a timely appeal is taken, or other appellate relief sought, from any order dismissing a petition that would have made the minor a dependent, as provided, upon reversal of the order to dismiss the petition, the appellate court or the juvenile court may enter a subsequent order sustaining the petition not withstanding that the minor has reached 18 years of age. An order sustaining such a petition shall be deemed effective as of the date of the order of dismissal from which the relief was granted.
This bill would provide in the first hearing for a nonminor dependent who attained 18 years of age while under a foster care placement order vesting temporary placement and care with the county child welfare department, as provided, the court shall do all of the following:
- determine whether it is in the nonminor dependent’s best interest to remain in foster care;
- order that the nonminor dependent’s placement and care is the responsibility of the county child welfare services department; and
- determine whether the nonminor dependent intends to do either of the following:
- satisfy at least one of the eligibility requirements for extended foster care, if so the court shall set a review hearing within six months; or
- does not intend to satisfy at least one of the extended foster care eligibility requirements, if so the court shall set a hearing to consider the termination of the jurisdiction of the juvenile court, as provided.
This bill would provide that either of the following individuals or entities may petition the court for a hearing to assume or resume dependency jurisdiction over a former dependent or to assume or resume transition jurisdiction over a former delinquent ward, as provided:
- a nonminor who attained 18 years of age while under a foster care placement order, including an order vesting temporary placement and care with the county child welfare department, and has not attained 21 years of age; or
- the county child welfare services, probation department, or tribal placing agency on behalf of the nonminor.
This bill would provide the petition for a court for a hearing to assume or resume dependency jurisdiction over a former dependent or to assume or resume transition jurisdiction over a former delinquent ward, as provided, may be brought notwithstanding a court order vacating the adjudication because the minor or nonminor was a victim of human trafficking, as provided.
This bill would strike the requirement that the nonminor’s guardian(s) or adoptive parent(s) no longer receive payment on behalf of the nonminor, in order for the nonminor to seek reentry to the dependency system.
This bill would provide that when a nonminor is seeking reentry to the dependency system, due to lack of ongoing support from the nonminor’s guardian(s) or adoptive parent(s), the court shall provide notice, at least three days before the hearing, to the nonminor, the appropriate child welfare agency or probation department, and the nonminor’s adoptive parent(s) or guardian(s).
This bill would provide that a nonminor may enter into a voluntary reentry agreement in order to establish eligibility for extended foster care benefits before or after filing a petition to assume dependency jurisdiction, if the nonminor’s guardian(s) or adoptive parent(s) have died or are no longer providing ongoing support.
This bill would provide that the juvenile court has transition jurisdiction over a minor or nonminor who is older than 17 years and 5 months of age and younger than 18 years of age and in foster care placement, or is a ward in foster care placement who was a ward subject to an order for foster care placement on the day they turned 18 years of age, and thus would meet requirements as provided, but for the fact that the underlying adjudication was vacated because the minor was a victim of human trafficking when the crime was committed, as provided.
This bill would provide that a court may assume transition jurisdiction over a ward, transition dependent, or nonminor dependent whose adjudication is vacated because the ward, transition dependent, or nonminor dependent was a victim of human trafficking.
This bill would provide that it is the intent of the Legislature to do the following:
- to ensure that a youth who was subject to a foster care order, and who has not yet been adjudged a dependent or ward of the juvenile court, on their 18th birthday is able to access extended foster care benefits, even if the youth was absent from his or her foster care placement on their birthday; and
- to ensure that all youth who exited foster care because a guardianship was established, or because they were adopted, are able to reenter foster care if his or her guardian or adoptive parent dies or if the guardianship or adoptive relationship is disrupted.
COMMENT
- Stated need for this bill
According to the Author:
AB 604 removes barriers to extended foster care for youth by removing administrative hurdles that the youth have no control over. The problem with the current existing law is that a youth may be excluded from extended foster care because they turn 18 years of age before they are formally “declared” a foster youth. Presently, youth who come to the attention of the delinquency or dependency systems shortly before their 18th birthdays are being excluded from participation in extended foster care simply because their case was not fully adjudicated by their 18th birthday, even though they did get to the point of the juvenile court finding them in need of out of home supervision and ordered them into a foster care placement before they turned 18. As a result of this timing, which is beyond the youth’s control, otherwise eligible youth are denied access to the support and services of extended foster care
This bill primarily impacts youth, who are nearing 18 years of age when they come to the attention of the dependency or delinquency system, but who are not formally adjudicated a dependent until after they turn 18. This bill will allow the court to declare the youth a non-minor dependent, if the youth was on an order for foster care placement on his/her 18th birthday, so the youth can benefit from fee waiver support, Medi-Cal up to the age of 26, and additional services for higher education available through extended foster care.
This bill also impacts youth whose adoptive parents or legal guardians no longer support them after age 18. It ensures that otherwise eligible youth are not excluded from re-entering simply because they did not receive the funding to which they were entitled.
- Application of extended foster care to minor’s under temporary custody when they attain age 18
Existing law does not provide for the participation of nonminor dependents in extended foster care who were in the temporary custody of their county’s local child welfare agency upon attaining age 18. This results in nonminor dependents, who would be otherwise eligible for extended foster care, being ineligible for the benefits of extended foster care even if the court ultimately finds the youth should be placed in foster care. (Welf. & Inst. Code Secs. 11400(aa), 11403.)
The Alliance for Children’s Rights, a co-sponsor of this bill, writes:
California passed AB 12 (2010) so that current foster youth who weren’t ready for independence at age 18 could remain in care to continue accessing supports and services. However, as implementation of AB 12 has continued, new administrative barriers are uncovered that prevent youth from being able to access this program. This bill addresses two specific barriers to extended foster care.
The court process to declare a youth “ward of the court” can take up to nine months in some cases. If a youth turns 18 during this process, they are no longer a minor and no longer fall under the jurisdiction of the Juvenile Court – making them unable to go into extended foster care - even though they did get to the point of the juvenile court finding them in need of out of home supervision and ordered them into a foster care placement before they turned 18.
This bill would clarify applicable code sections to ensure eligibility of a nonminor for extended foster care who was in the temporary custody of their local child welfare agency, upon the court’s determination that the nonminor should be declared under the jurisdiction of the dependency court. This change is consistent with the purpose of extended foster care, as it allows a nonminor to participate in extended foster care whom the court has decided should be within the jurisdiction of the dependency court and thus eligible for the benefits provided by that system.
- Clarification as to when a nonminor may seek reentry
Existing law allows for the court to resume jurisdiction over a former nonminor dependent or ward of the court. (Welf. & Inst. Code Sec. 303.) For a variety of reasons, some dependent youth or wards choose to exit the jurisdiction of the court upon their 18th birthday, rather than transition into extended foster care. After making this decision, a now nonminor may wish to return to the court’s jurisdiction to obtain the services provided in extended foster care that aid a nonminor’s transition into adulthood. Existing law allows for the court to resume jurisdiction over a former nonminor dependent or ward of the court in these situations. (Welf. & Inst. Code Secs. 303, 11403(e).)
Additionally, existing law provides that a nonminor who has not attained 21 years of age and who was previously found to be a dependent or delinquent child of the juvenile court may petition for a hearing to determine whether the court should assume dependency jurisdiction over the nonminor if the nonminor’s guardian(s) or adoptive parent(s):
- died after the minor attained 18 years of age; or
- are no longer providing ongoing support to, and no longer receive Adoption Assistance Program (AAP) benefits or Kinship Guardianship Assistance Payment (Kin-GAP) benefits on behalf of, the nonminor after the nonminor attained 18 years of age but before the nonminor attained 21 years of age. (Welf. & Inst. Code Sec. 388.1)
In May of this year, the Court of Appeals decided a case regarding a nonminor whose adoptive parents were no longer providing ongoing support and in which the minor had applied for reentry into the dependency system and was denied because his adoptive parents were receiving payments on the nonminor’s behalf. The Court of Appeals reluctantly affirmed the determination denying reentry, writing:
Jesse has pointed out an anomaly in (statute) that the Legislature might want to address. The trial judge read current section 388.1, subdivision (a) (4), to mean exactly what it says: A nonminor between 18 and 21 is eligible for reentry into the juvenile dependency and foster care system only if his or her adoptive parents no longer provide ongoing support to that nonminor and also no longer collect AAP benefits on behalf of that minor. Since there was no question Jesse’s adoptive parents were still collecting AAP payments on Jesse’s behalf, the judge was forced to conclude Jesse was not eligible for reentry under the statute.
We agree with Jesse’s point that the Legislature probably did not intend a former foster youth’s reentry in the dependency system to depend on the glacial bureaucratic processes which govern termination of AAP payments to adoptive parents no longer supporting adopted ex-foster care youth. That said, while the literal application of the statute may yield an anomalous and unintended result in cases like Jesse’s, those results are not so anomalous that we can accept Jesse’s invitation to invoke the common law absurdity rule to delete what the Legislature plainly included when it drafted section 388.1. The problem requires a legislative fix if there is to be one. (In Re: Jesse S. G054169 (Cal. Ct. App. 2017), 4th Appellate District, June 2017.)
In response to this decision, this bill would strike the requirement that adoptive parents or guardians no longer receive AAP benefits or KIN-Gap benefits on behalf of the nonminor. Additionally, the bill corrects a technical concern regarding the eligibility of a nonminor former dependent to petition for reentry. Existing law states that the nonminor former dependent “received” aid after attaining 18 years of age under Kin-GAP. This bill would change that requirement to “received, or was eligible to receive.” writing in support, the Alliance for Children’s Rights states:
This bill ensures that youth who exited foster care to guardianship or adoption can reenter care. This bill makes a technical fix so youth that are “otherwise eligible” to receive (as opposed to receiving, as the statute currently reads) Kin-GAP or AAP benefits after age 18 can re-enter. Currently, the law only covers those kids that were either not receiving Kin-GAP or AAP in that month for some reason (for example, if they were AWOL) or were receiving a different benefit (usually SSI).
- Clarifying eligibility of commercially sexually exploited children (CSEC) for extended foster care
In recent years, the Legislature has been exploring a number of means to address the commercial sexual exploitation of children. The children subjected to these crimes, may be referred to as CSEC, or a minor victim of human trafficking. In 2014, a collaborative effort was made through the state budget to aid these victims and further provide for their inclusion in the dependency system. Accordingly, this remains a problem the Legislature is working to combat and this bill makes a change that would be part of that continued effort.
Under existing law, a victim of human trafficking, including CSEC, may petition the court to vacate his or her convictions and arrests for any nonviolent offenses committed while they were a victim of trafficking. (Pen. Code Sec. 236.14.) This may create a lack of clarity in regards to whether the dependency court may petition the court to participate in extended foster care, and it appears unclear whether they remain under the jurisdiction of the dependency court. This bill would clarify that even if prior adjudication has been vacated pursuant to the applicable penal code, the court has the jurisdiction needed to determine whether the nonminor is eligible for extended foster care.
Support: Aspiranet; California Youth Empowerment Network; Five Acres – the Boys’ and Girls’ Aid Society of Los Angeles County; Paradise Oaks Youth Services; Home Start, Inc.
Opposition: None Known
HISTORY
Source: California Coalition for Youth; Alliance for Children’s Rights; Tipping Point Community
Related Pending Legislation: AB 404 (Mark Stone, 2017) would adopt changes to further facilitate the implementation of Continuum of Care Reform recommendations. Specifically, this bill would adopt changes related to licensing of private adoption agencies, to foster family agencies, resource families, resource family approval, and short-term residential therapeutic programs. Additionally, this bill would make changes regarding the effective dates of certain provider rates provided for under CCR. This bill is currently in the Senate Judiciary Committee.
Prior Legislation:
SB 12 (Beall, 2015) would have expanded eligibility for extended foster care to nonminors who have crossed over from the dependency system to the delinquency system. Specifically, it would have permitted a youth between the ages of 18 and 21 to petition the court to resume dependency jurisdiction or assume transition jurisdiction over the youth, provided that the youth: had been adjudged a ward of the court; was subject to an order for foster care placement at the time the petition to adjudge him or her a ward of the court was filed; and was held in secure confinement at 18 years of age. This bill was held in Assembly Appropriations Committee.
AB 2454 (Quirk-Silva, Ch. 769, Stats. 2014) permitted a nonminor former dependent who previously received extended Kinship Guardianship Assistance Payment (Kin-GAP) or Adoption Assistance Payment, but whose former guardians are no longer providing support, to petition the court to resume dependency under the extended foster care program.
AB 2573 (Mark Stone, 2014) would have authorized a court to assume or resume transition jurisdiction over a nonminor who attained 18 years of age while subject to an order for foster care placement without consideration of whether the rehabilitative goals of the nonminor ward, as set forth in the case plan, had been met. This bill was held on suspense in Senate Appropriations Committee.
AB 787 (Stone, Ch. 487, Stats. 2013) made clarifying and technical changes to the California Fostering Connections to Success Act (Act) to ensure the continued implementation of the Act.
AB 212 (Beall, Ch. 459, Stats. 2011) made technical and clarifying changes to the California Fostering Connections to Success Act.
AB 1712 (Beall, Ch. 846, Stats. 2012) made technical and clarifying changes to the California Fostering Connections to Success Act.
AB 12 (Beall and Bass, Ch. 559, Stats. 2010) established the California Fostering Connections to Success Act, which extended transitional foster care services to eligible youth between ages 18 and 21 and required California to seek federal financial participation for Kin-GAP.
AB 212 (Beall, Ch. 459, Stats. 2011) made technical and clarifying changes to the California Fostering Connections to Success Act.
AB 1712 (Beall, Ch. 846, Stats. 2012) made technical and clarifying changes to the California Fostering Connections to Success Act.
Prior Vote:
Assembly Floor (Ayes 77, Noes 0)
Assembly Appropriations Committee (Ayes 17, Noes 0)
Assembly Judiciary Committee (Ayes 11, Noes 0)
Assembly Human Services Committee (Ayes 7, Noes 0)
**************
SENATE COMMITTEE ON HUMAN SERVICES
Senator Wiener, Chair
2017 - 2018 Regular
Bill No: AB 604
Author: | Gipson | ||
Version: | June 20, 2017 | Hearing Date: | June 27, 2017 |
Urgency: | No | Fiscal: | Yes |
Consultant: | Mareva Brown | ||
Subject: Nonminor dependents: extended foster care benefits
SUMMARY
This bill expands the definition of a nonminor dependent to include a child who turns 18 while in temporary placement with a county child welfare department, and permits a court to place a child who is not determined to be a dependent into dependency or transition status for the purpose of eligibility for extended foster care. It also grants a nonminor who was adopted but is no longer receiving support from his or her parents the right to petition a court for entry into extended foster care, even if the adoptive parents are still receiving aid for the nonminor, and makes other changes.
ABSTRACT
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 including that the child has suffered, or is at substantial risk of suffering, serious physical harm inflicted nonaccidentally upon the child by the child’s parent or guardian. (WIC 300, et seq.)
- Authorizes juvenile court to resume jurisdiction over a nonminor who has attained 18 years of age, but not yet attained 21 years of age, and for whom the court has dismissed dependency, delinquency, or transition jurisdiction. (WIC 303)
- Authorizes the court to detain a child and to either order placement into out-of-home care, or to be returned home under the supervision of the county and with services ordered for the child’s parents to help them resume custody of the child. Requires the court to document in the child’s case file the attempts that were made to reunify or maintain the child with his or her parents. (WIC 319 (b) and (d)) (WIC 636)
- Requires a court that finds, upon hearing the evidence, that a child was not abused or neglected and that there is no grounds for placing the child in dependency jurisdiction, to dismiss the court petition and discharge the minor. (WIC 356)
- Authorizes the juvenile court to assume transitional jurisdiction over a minor or nonminor ward in foster care placement who is between 17 years and five months of age and 18 years of age and declared to be a ward of the juvenile court for committing an offense, as specified, and meets one of several mitigating conditions. (WIC 450), (WIC 451)
- Defines a nonminor dependent to be 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 has turned 18 while under an order of foster care placement by a county welfare or probation department, or other entities as specified, and has a transitional independent living case plan, as defined. (WIC 11400 (v))
- Permits foster care payments to be made on behalf of a nonminor dependent under specified circumstances and in certain living arrangements. (WIC 11401)
- Permits a victim of human trafficking to petition the court to vacate his or her convictions and arrests. (PEN 236.14)
This bill:
- Makes uncodified findings that it is the intent of the Legislature to:
- Ensure that a youth who was subject to a foster care order, and who has not yet been adjudged a dependent or ward of the juvenile court, on his or her 18th birthday is able to access extended foster care benefits, even if the youth was absent from his or her foster care placement on his or her birthday.
- Ensure that all youth who exited foster care because a guardianship was established, or because he or she was adopted, are able to reenter foster care if his or her guardian or adoptive parent dies or if the guardianship or adoptive relationship is disrupted.
- Requires a juvenile court to place under its jurisdiction any nonminor dependent, as defined, to include youth who are in temporary placement pending a detention hearing. Requires that if the person is a nonminor dependent because he or she turned 18 while under an order of temporary placement, the court must vacate the initial petition hearing and instead set a hearing on whether to place the child into extended foster care.
- Requires a court to assume transition jurisdiction over a child who was made a ward or dependent of the court as a commercially sexually exploited child, but whose court order was vacated based on recent statute to decriminalize such activity. Requires the Judicial Council to adopt rules of court and develop appropriate forms to implement the placement of such children in transition jurisdiction.
- Permits a court, upon upholding an appeal of a petition to dismiss dependency for a child, to enter a subsequent order upholding the original dismissal, but requires the date of the child’s dismissal from foster care be deemed effective on the date of the second hearing, even if the minor has subsequently turned 18.
- At an initial hearing for a nonminor dependent who turned 18 while in temporary placement with the county welfare department, requires the court to do all of the following:
- Determine whether it is in the nonminor dependent’s best interest to remain in foster care.
- Order that the nonminor dependent’s placement and care are the responsibility of the county child welfare services department.
- Determine whether the nonminor dependent intends to satisfy at least one of eligibility criteria, as specified.
- If the nonminor dependent intends to satisfy at least one of the eligibility criteria, set a review hearing within six months.
- If the nonminor dependent does not intend to satisfy at least one of the eligibility criteria, set a hearing to dismiss the dependency jurisdiction.
- Extends to children who turn 18 while in temporary placement the same opportunity to petition a juvenile court to remain in foster care, or to assume transition jurisdiction that is available to children who are in foster care at age 18.
- Additionally provides this opportunity to petition the court to remain under its jurisdiction to children who were made criminal wards of the court as commercially sexually exploited children, but whose underlying crimes were subsequently vacated.
- Permits a nonminor who is younger than 21 to petition the court to enter extended foster care if they were eligible to receive Kinship Guardianship Assistance Payment Program (Kin-GAP) aid or adoption assistance payments after turning 18 and whose former guardian died after the nonminor turned 18, or the former guardians no longer provide ongoing support.
- Removes from the requirement to petition the court to re-enter foster care that the nonminor’s guardians or adoptive parents are no longer receiving aid on behalf of the nonminor, and makes conforming changes.
- Requires that the court give notice of a hearing to establish eligibility for extended foster care at least three days prior to the hearing, and adds to those that must be notified the nonminor’s adoptive parent or parents and the nonminor’s guardian or guardians.
- Permits nonminors whose adoptive parents or guardians have died or are no longer providing ongoing support to enter a voluntary reentry agreement to establish eligibility for foster care benefits, which triggers a required hearing on re-entry and entitles the nonminor to placement and supervision pending the court’s assumption of jurisdiction.
- Permits a minor or nonminor who would have been under the jurisdiction of the juvenile court during the qualifying age, except that their underlying CSEC crime was vacated, to assume transition jurisdiction and makes related changes.
- Expands the definition of a nonminor dependent to include a nonminor who was subject to an order vesting temporary placement and care with the county child welfare department, and the definition of a nonminor former dependent or ward to include a nonminor who turned 18 while in temporary custody.
- Extends eligibility for foster care, adoption assistance or Kin-GAP payments to nonminor dependents who were eligible to receive benefits under specified criteria, and makes conforming changes.
FISCAL IMPACT
An Assembly Appropriations Committee analysis identified total costs of $517,000 ($365,000 GF) in FY 2017-18, and an annual ongoing cost of $1.0 million ($730,000 GF) beginning in FY 2018-19. This includes assistance and administration costs for a projected 40 cases statewide. The bill was subsequently substantially amended.
BACKGROUND AND DISCUSSION
Purpose of the bill:
According to the author, this bill removes barriers to participation in extended foster care by making eligible a youth who turns 18 while in temporary custody of the juvenile court, awaiting a hearing to determine whether he or she will be placed in foster care. The author states that a youth who is detained by the juvenile court prior to his or her 18th birthday, and is waiting for a scheduled hearing to decide whether he or she will be in foster care, does not qualify for extended foster care if the 18th birthday comes before the hearing. According to Children Now, this wait can be up to nine months.
The author states that this bill also ensures that youth who exited foster care to guardianship or adoption are able to reenter care, if the adoptive parent or guardian dies or is no longer providing ongoing support to the youth. Presently, this re-entry is conditioned on actual receipt of Kin-GAP or Adoption Assistance Payment (AAP) benefits.
Background
The child welfare system oversees care of 61,000 children in California who were removed from their homes because of allegations of abuse, neglect or exploitation, as of as of October 1, 2016, according to data produced by UC Berkeley’s Child Welfare Indicators website. If a court determines that staying at home is not in the best interest of the child, the child welfare agency arranges for and monitors temporary or permanent placement of the child in the safest and least-restrictive environment possible. Often children are placed with relatives, non-related extended family members (NREFM), or foster parents.
Extended Foster Care
The intent of extended foster care is to bridge the gap between the intensive supervision of foster care and unsupervised adulthood by maintaining a safety net of support while providing the youth independence and additional educational or work opportunities. It was prompted by the recognition that many youth were unable to successfully transition from foster care or group care to adulthood without additional guidance and assistance.
The federal Fostering Connections to Success and Increasing Adoptions Act of 2008 (P.L. 110-351) enabled states to expand the definition of a foster “child,” by creating extended care for youth up to age 21. The federal law allows foster youth to remain in care past age 18 if they are completing secondary education or a high school equivalency credential, enrolled in post-secondary or vocational education, employed for at least 80 hours a month or participating in other qualifying activities.
In 2010, California enacted AB 12 (Beall, Chapter 559, Statutes of 2010), which permits foster youth to remain in extended foster care until age 21, under the same criteria as the federal statute. Youth participation in the program has exceeded expectation. Between July 2010 and July 2014, the number of youth age 18-20 in extended foster care in California increased 211 percent, from 2,908 to 9,032, according to data compiled by UC Berkeley.
In 2015, researchers at Chapin Hall at the University of Chicago surveyed 727 California adolescents between 16.75 and 17.75 years of age who had been under the supervision of county child welfare agencies for at least six months.[1] At the time of the survey, most youth lived in a foster home without relatives (44.3 percent). The next largest group, one-fourth of respondents, lived in a group care setting (24.1 percent). Two-thirds of the youth surveyed said they wanted to stay in extended foster care past age 18. Youth commonly reported wanting to participate in extended foster care to further their education and to receive support and housing.
Re-entry into foster care
Current law allows for the court to resume jurisdiction of a former nonminor dependent or ward of the court. In these cases, a youth who was receiving foster care services when he or she turned 18 may opt to re-enter foster care and draw down services to help transition into adulthood. In addition, the law allows a former foster youth, whose adoptive parent or guardian dies before the youth turns 21 or whose adoption or guardianship is disrupted, to re-enter the child welfare system as a nonminor dependent if he or he or she meets the criteria.
In order to re-enter foster care, a nonminor dependent must submit a petition to the juvenile court for a hearing to ask the court to resume dependency. A court has 15 days in which to set the hearing, and must notify the nonminor and appropriate child welfare or probation department, as well as any other person requested by the nonminor of the hearing’s time, date and location. Prior to the hearing, the nonminor may voluntarily re-enter foster care if the guardian or adoptive parent has died or is no longer receiving aid or benefits on behalf of the nonminor.
In Re: Jesse S.
An appellate ruling this month points out the gap in California’s re-entry statute and implores the Legislature to resolve the problem. The case involves a former foster youth, identified in court records as Jesse S. About four months before his 20th birthday in 2016, Jesse S. filed a request to return to juvenile court jurisdiction and the foster care system, according to the appellate opinion.
His reason was that the couple who adopted him the day before his 18th birthday was no longer supporting him, even though they were receiving payments on his behalf from California’s Adoption Assistance Program (AAP). The judge denied Jesse’s request because “the very fact the couple were still receiving AAP payments on Jesse’s behalf precluded Jesse from reentry into the juvenile dependency system.”
The appellate court “reluctantly” affirmed the ruling,[2] writing that “Jesse has pointed out an anomaly in (statute) that the Legislature might want to address. The trial judge read current section 388.1, subdivision (a) (4), to mean exactly what it says: A nonminor between 18 and 21
is eligible for reentry into the juvenile dependency and foster care system only if his or her adoptive parents no longer provide ongoing support to that nonminor and also no longer collect AAP benefits on behalf of that minor. Since there was no question Jesse’s adoptive parents were still collecting AAP payments on Jesse’s behalf, the judge was forced to conclude Jesse was not eligible for reentry under the statute.
“We agree with Jesse’s point that the Legislature probably did not intend a former foster youth’s reentry in the dependency system to depend on the glacial bureaucratic processes which govern termination of AAP payments to adoptive parents no longer supporting adopted ex-foster care youth. That said, while the literal application of the statute may yield an anomalous and unintended result in cases like Jesse’s, those results are not so anomalous that we can accept Jesse’s invitation to invoke the common law absurdity rule to delete what the Legislature plainly included when it drafted section 388.1. The problem requires a legislative fix if there is to be one.”
Commercially Sexually Exploited Children (CSEC)
According to the National Center for Missing and Exploited Children, one in six of the nation’s 18,500 runaways in 2016 were likely to be sex trafficking victims and 86 percent of likely sex trafficking victims were in foster care when they went missing.[3]
CSEC has become a high profile concern in recent years. The Federal Bureau of Investigation reports that as many as 100,000 children are commercially sexually exploited each year nationally, and that three regions in California are hot spots for exploitation: Los Angeles, the Bay Area and San Diego. Generally, children between the ages of 11 and 14 are most likely to fall victim to commercial sexual exploitation. California over the past five years has enacted legislation to add CSEC to the list of potential reasons for a child to be brought into the child welfare system for treatment, funded training for social workers and providers and treatment for youth, and decriminalize prostitution for minors. The latter provision has created a situation where CSEC victims who are under the jurisdiction of the juvenile court for CSEC activities, and then their criminal histories are vacated are unable to petition the court to be in extended foster care. This bill addresses that gap.
Related legislation:
SB 823 (Block, Chapter 650, Statutes of 2016) authorizes the court, upon making specified findings, to vacate the conviction or adjudication of a child for solicitation or prostitution, and provides for the sealing and destruction of the petitioner’s arrest and court records, as specified.
AB 885 (Lopez, 2016) was substantially similar to portions of this bill. It would have allowed a former foster youth to re-enter care by removing the requirement that a guardian or adoptive parent must no longer be receiving Kin-GAP aid or adoption assistance in order for a nonminor to be able to petition the court to remain in foster care.
SB 1322 (Mitchell, Chapter 654, Statutes of 2016) makes charges of prostitution and loitering with intent to commit prostitution inapplicable to a child under 18 years of age, as specified, and authorizes the minor to be taken into temporary custody under limited circumstances.
AB 12 (Beall), Chapter 559, Statutes of 2010, the “California Fostering Connections to Success Act,” conformed state law to federal requirements to revise and expand programs and funding for certain foster and adopted children.
PRIOR VOTES
Assembly Floor: | 77 - 0 |
Assembly Appropriations Committee: | 17 - 0 |
Assembly Human Services Committee: | 7 - 0 |
POSITIONS
Support:
Alliance for Children’s Rights
Aspiranet
Children Now
Coalition for Youth
Five Acres
Home Start
National Association of Social Workers
Paradise Oaks
Tipping Point Community
Oppose:
None received.
-- END --
Napolitano, Laura, Yafit Sulimani-Aidan, and Mark E. Courtney, “Extended Foster Care in California: Youth and Caseworker Perspectives,” Chapin Hall, The University of Chicago, October 2015. ↑
In Re: Jesse S. G054169 (Cal. Ct. App. 2017), 4th Appellate District, June 2017 ↑
http://www.missingkids.org/1in6 ↑
ASSEMBLY THIRD READING
ATR Bill Id:AB 604
Author:(Gipson)
As Introduced Ver:
Majority vote
Committee | Votes | Ayes | Noes |
Human Services | 7-0 | Rubio, Choi, Arambula, Gonzalez Fletcher, Maienschein, Mark Stone, Thurmond | |
Judiciary | 11-0 | Mark Stone, Cunningham, Chau, Chiu, Cristina Garcia, Holden, Kalra, Kiley, Maienschein, Reyes, Ting | |
Appropriations | 17-0 | Gonzalez Fletcher, Bigelow, Bloom, Bocanegra, Bonta, Brough, Calderon, McCarty, Quirk, Fong, Friedman, Gallagher, Eduardo Garcia, Gray, Muratsuchi, Obernolte, Reyes |
|
SUMMARY: Includes a youth who was subject to a foster care order before he or she reached 18 years of age but was not yet adjudged a ward of the juvenile court before reaching his or her 18th birthday, and a youth who exited foster care through the Kinship Guardian Assistance Program (Kin-GAP) or Adoption Assistance Program (AAP), as eligible for extended foster care benefits, as specified. Specifically, this bill:
- Makes Legislative findings and declarations related to the entry and re-entry of youth in foster care.
- Removes language requiring the court to have dismissed dependency, delinquency, or transition jurisdiction over a nonminor between the ages of 18 and 21 in order for that nonminor to petition the court for a hearing to resume dependency jurisdiction and in order for that nonminor to be deemed a "nonminor former dependent or ward," as specified.
- Allows a nonminor who attained 18 years of age while under an order for foster care and who has not yet reached 21 years of age, and for whom the court retained general jurisdiction, to petition in the same action in which the court found that the youth met certain qualifications that warranted removal from his or her home, as specified, for a court hearing to assume dependency jurisdiction over the nonminor.
- Requires the juvenile court that retained general jurisdiction over a nonminor, as specified, to order that a hearing be held within 15 judicial days if the court previously made findings relating to the need for placement in foster care, as specified, regarding him or her, and if other specified criteria already required by law are met.
- Requires the court to assume or resume dependency or transition jurisdiction over a youth, and order that nonminor's placement and care, as specified, if the court finds that the court previously made findings relating to the need for placement in foster care, as specified, regarding him or her, and if other specified findings already required by law are made.
- Allows a nonminor former dependent to petition the court in which he or she was previously found to be a dependent or delinquent child of the juvenile court for a hearing to determine whether to assume jurisdiction if: he or she was eligible to receive aid after 18 years of age under Kin-GAP and whose former guardian or guardians died or no longer provide ongoing support to the nonminor after the nonminor attained 18 years of age but has not yet attained 21 years of age; or if he or she is a nonminor who was eligible to receive AAP payments and whose adoptive parent or parents died or no longer provide ongoing support to the nonminor after the nonminor attained 18 years of age but has not yet attained 21 years of age.
- Includes in the definition of "nonminor dependent" an individual about whom the court made findings relating to the need for placement in foster care, as specified, if he or she attained 18 years of age while subject to an order for foster care, as specified by the provisions of this bill.
- States that a nonminor who reached 18 years of age while subject to an order for foster care and meets certain criteria, as specified by the provisions of this bill, is still under the general jurisdiction of the court.
- Adds as a condition for provision of Aid to Families with Dependent Children- Foster Care (AFDC-FC) on behalf of a nonminor dependent that the child is living in the home of a former nonrelated legal guardian.
- Makes technical changes.
EXISTING LAW:
- Establishes a state and local system of child welfare services, including foster care, for children who have been adjudged by the court to be at risk or have been abused or neglected, as specified. (Welfare and Institutions Code Section (WIC) 202)
- States the intent of the Legislature to preserve and strengthen a child's family ties whenever possible and to reunify a foster youth with his or her biological family whenever possible, or to provide a permanent placement alternative, such as adoption or guardianship. (WIC 16000)
- Provides for extended foster care funding for youth until age 21, as well as adopts other changes to conform to the federal Fostering Connections to Success Act. (WIC 241.1, 303, 366.3, 388, 391, 450, 11400, 11402, 11403)
- Defines "nonminor dependent" as a current or former foster youth who is between 18 and 21 years old, in foster care under the responsibility of the county welfare department, county probation department, or Indian Tribe, and participating in a transitional independent living plan, as specified. (WIC 11400 (v))
- Defines "nonminor former dependent or ward" as either:
- A nonminor who turned 18 while subject to an order for foster care placement, and for whom dependency, delinquency, or transition jurisdiction has been terminated, and who is still under the general jurisdiction of the court; or
- A nonminor who is at least 18 years old and, while a minor, was a dependent child or ward of the juvenile court when the guardianship was established, as specified, and the juvenile court dependency or wardship was dismissed following the establishment of the guardianship. (WIC 11400 (aa))
- Allows a nonminor former foster youth under the age of 21 to petition the court for re-entry into foster care if his or her guardian or adoptive parent is no longer providing him or her with support, as specified. (WIC 388.1)
- Establishes that termination of kinship guardianship also terminates eligibility for KinGAP unless specified conditions apply and an alternate guardian or co-guardian is appointed. (WIC 388.1 (e))
- Permits a nonminor former dependent who previously received Kin-GAP or AAP, and whose guardian or adoptive parent dies or no longer provides ongoing support or receives benefits on behalf of the nonminor, to petition the court to re-enter extended foster care if the nonminor meets other criteria for eligibility for extended foster care. (WIC 388.1 and WIC 11403 (c))
- Establishes the Kinship Guardianship Assistance Payment Program (Kin-GAP) in order to enhance family preservation by ensuring that youth are in long-term, stable placements with relatives, as specified. (WIC 11360, et seq.)
- Establishes the Adoption Assistance Program in order to benefit eligible children residing in foster care by providing the stability and security of permanent homes, as specified. (WIC 16115, et seq.)
FISCAL EFFECT: According to the Assembly Appropriations Committee, this bill may result in total costs of $517,000 ($365,000 General Fund) in Fiscal Year 2017-18, and an annual ongoing cost of $1.0 million ($730,000 General Fund) beginning in Fiscal Year 2018-19. This includes assistance and administration costs for a projected 40 cases statewide. According to the Department of Social Services (DSS), of the children who turned 18 during federal Fiscal Year 2016, 15 cases had their last jurisdiction/disposition hearing occur after their 18th birthday and 25 cases never had a subsequent jurisdiction or disposition hearing.
COMMENTS:
Child Welfare Services: The purpose of California's Child Welfare Services (CWS) system is to protect children from abuse and neglect and provide for their health and safety. When children are identified as being at risk of abuse, neglect or abandonment, county juvenile courts hold legal jurisdiction and children are served by the CWS system through the appointment of a social worker. Through this system, there are multiple opportunities for the custody of the child, or his or her placement outside of the home, to be evaluated, reviewed and determined by the judicial system, in consultation with the child's social worker, to help provide the best possible services to the child. The CWS system seeks to help children who have been removed from their homes reunify with their parents or guardians, whenever appropriate, or unite them with other individuals they consider to be family. There are currently over 64,000 children and youth in California's child welfare system
Extended foster care: In September 2010, Governor Brown signed AB 12 (Beall), Chapter 559, Statutes of 2010, which extended foster care benefits for eligible youth aging out of the foster care system. Rather than leave youth without support on their 18th birthday, AB 12 provides transitional youth, referred to as nonminor dependents, with access to resources and mentorship until they turn 21. AB 12 allows provides these youth with the opportunity to experience independent living in supervised living environments and the opportunity to obtain educational and employment training in order to better prepare them for a successful transition into adulthood and self-sufficiency. In order to qualify for extended foster care, youth must meet certain eligibility criteria.
Adoption Assistance Program (AAP): In 1980, federal subsidies were created by Congress in order to encourage the adoption of special needs children and remove financial disincentives for prospective families looking to adopt. The State Legislature, in recognition of the financial difficulties experienced by adoptive parents trying to meet the special needs of children previously placed in foster care, created the Adoption Assistance Program (AAP). The program was intended to benefit children in foster care by providing the security and stability of a permanent home through adoption. Children may receive a federally funded subsidy or a state-funded subsidy.
If an adoptive parent(s) elect not to apply for AAP benefits, they are often encouraged to sign a deferred adoption assistance agreement, which will retain the child's eligibility for an AAP grant at a future time and qualifies the child for Medi-Cal benefits when needed. A reassessment of the child's needs and family's circumstances is conducted every two years and the amount of financial assistance is determined based on the special needs of the child and the circumstances of the family. Youth between the ages of 18 and 21 years old are eligible for continuing AAP if they are determined to have a documented mental or physical condition or are participating in the extended adoptions program. According to estimates by DSS, approximately 85,149 individuals received AAP assistance during the 2016-17 fiscal year and a projected 85,334 individuals are projected to receive AAP assistance in fiscal year 2017-18.
Kinship Guardianship Assistance Payment (Kin-GAP): Kin-GAP is a cash aid program designed to support foster children who have been placed in long-term foster care with a relative caregiver. While children in foster care are eligible for monthly foster care payments and support services, some relative caregivers prefer a greater sense of permanency and autonomy over living arrangements. Kin-GAP was first established by SB 1901 (McPherson), Chapter 1055, Statutes of 1998 and provided a compromise by permitting youth to remain eligible for monthly maintenance payments equal to the county foster care family home rate, while simultaneously providing the freedom of a permanent placement. Later, AB 1808 (Assembly Budget Committee), Chapter 75, Statutes of 2006 extended the Kin-GAP program to children whose juvenile court ward-ship is terminated in favor of guardianship with a relative caregiver. Kin-GAP provides payments as income directly to the child, not the caregiver, and consists of both cash aid and Medi-Cal benefits. According to DSS, during the 2016-17 fiscal year approximately 16,017 individuals are projected to receive Kin-GAP assistance, and a projected 16,619 individuals will receive Kin-GAP assistance in fiscal year 2017-18.
Need for this bill: According to the author's office, "This bill primarily impacts youth who are nearing 18 years of age when they come to the attention of the dependency or delinquency system, but who are not formally adjudicated a dependent until after they turn 18. This bill will allow the court to declare the youth a nonminor dependent, if the youth was on an order for foster care placement on his/her 18th birthday, so the youth can benefit from fee waiver support, Medi-Cal up to the age of 26, and additional services for higher education available through extended foster care. This bill also impacts youth whose adoptive parents or legal guardians no longer support them after age 18. It ensures that otherwise eligible youth are not excluded from re-entering simply because they did not receive the funding to which they were entitled."
PRIOR LEGISLATION
AB 2454 (Quirk Silva), Chapter 769, Statutes of 2014, permitted a nonminor former dependent who previously received extended Kinship Guardianship Assistance Payment (Kin-GAP) or Adoption Assistance Payment (AAP), but whose former guardians are no longer providing support to the nonminor, to petition the court to resume dependency under the extended foster care program.
AB 212 (Beall), Chapter 459, Statutes of 2011, made various clarifying and substantive changes to the California Fostering Connections to Success Act in order to ensure proper implementation on January 1, 2012, and other changes to existing state law in order to comply with various provisions of federal law.
AB 12 (Beall), Chapter 559, Statutes of 2010, the California Fostering Connections to Success Act provides an option for continued jurisdiction of federally-eligible nonminor dependents or former dependents of the juvenile court who are between the ages of 18 and 21, as specified.
AB 1808 (Assembly Budget Committee) Chapter 75, Statutes of 2006, extended the provisions of the Kin-GAP program to probation youth exiting the delinquency system to live with a related guardian.
SB 1901 (McPherson) Chapter 1055, Statutes of 1998, established the Kinship Guardian Assistance Program.
Analysis Prepared by: Kelsy Castillo / HUM. S. / (916) 319-2089 FN: 00007710000771
Date of Hearing: May 3, 2017
ASSEMBLY COMMITTEE ON APPROPRIATIONS
Lorena Gonzalez Fletcher, Chair
ABPCA Bill Id:AB 604
Author:(Gipson) – As Introduced Ver:February 14, 2017
Policy Committee: | Human Services | Vote: | 7 - 0 |
Judiciary | 11 - 0 | ||
|
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Urgency: No State Mandated Local Program: Yes Reimbursable: No
SUMMARY: This bill includes, as eligible for extended foster care benefits:
- a youth for whom a court made certain foster care findings or who was subject to a foster care order before he or she reached 18 years of age, but was not yet adjudicated a dependent or ward of the juvenile court, and
- a youth who exited foster care through the Kinship Guardian Assistance Program (Kin-GAP) or Adoption Assistance Program (AAP) but did not necessarily receive those benefits.
FISCAL EFFECT:
Total costs of $517,000 ($365,000 GF) in FY 2017-18, and an annual ongoing cost of $1.0 million ($730,000 GF) beginning in FY 2018-19. This includes assistance and administration costs for a projected 40 cases statewide. According to DSS, of the children who turned 18 during federal FY 2016, 15 cases had their last jurisdiction/disposition hearing occur after their 18th birthday and 25 cases never had a subsequent jurisdiction or disposition hearing.
COMMENTS:
- Purpose. This bill seeks to expand slightly the universe of youth who qualify for extended foster care benefits under the California Fostering Connection to Success Act (FCSA) in order to better help these youth more successfully transition to adulthood. The author writes:
This bill primarily impacts youth who are nearing 18 years of age when they come to the attention of the dependency or delinquency system, but who are not formally adjudicated a dependent until after they turn 18. This bill will allow the court to declare the youth a nonminor dependent (NMD), if the youth was on an order for foster care placement on his/her 18th birthday, so the youth can benefit from fee waiver support, Medi-Cal up to the age of 26, and additional services for higher education available through extended foster care. This bill also impacts youth whose adoptive parents or legal guardians no longer support them after age 18. It ensures that otherwise eligible youth are not excluded from re-entering simply because they did not receive the funding to which they were entitled.
- Background. In September 2010, Governor Brown signed AB 12 (Beall), Chapter 559, Statutes of 2010, which extended foster care benefits for eligible youth aging out of the foster care system. Rather than leave youth without support on their 18th birthday, AB 12 provides NMDs, with access to resources and mentorship until they turn 21, including the opportunity to experience independent living in supervised living environments and to obtain educational and employment training in order to better prepare them for a successful transition into adulthood and self-sufficiency.
Current law allows for the court to resume jurisdiction of a former NMD or ward of the court for specified reasons. In these cases, a youth who was receiving foster care services when he or she turned 18 may opt to re-enter foster care and draw down services to help transition into adulthood. In addition, the law allows a former foster youth, whose adoptive parent or guardian dies before the youth turns 21 or whose adoption or guardianship is disrupted, to re-enter the child welfare system as a NMD if he or he or she meets the specified criteria.
This bill allows a court to provide extended foster care to a youth when a court had previously made a finding as to the youth’s need for foster care placement, but did not make the youth a dependent or ward of the juvenile court before turning 18 years of age. This will help ensure that the youth will not be cut off from resources simply because she turns 18 during the juvenile court process. This bill also ensures that youth are eligible for transitional foster care benefits if they were eligible for, but did not necessarily receive, Kin-GAP or AAP assistance and if their guardian or adoptive parent either died or failed to provide them with support.
- Prior Legislation.
AB 2454 (Quirk Silva), Chapter 769, Statutes of 2014, permitted a nonminor former dependent who previously received extended Kin-GAP or AAP, but whose former guardians are no longer providing support to the nonminor, to petition the court to resume dependency under the extended foster care program.
AB 212 (Beall), Chapter 459, Statutes of 2011, made various clarifying and substantive changes to the FCSA in order to ensure proper implementation on January 1, 2012, and other changes to existing state law in order to comply with various provisions of federal law.
Analysis Prepared by: Jennifer Swenson / APPR. / (916) 319-2081
Date of Hearing: April 18, 2017
ASSEMBLY COMMITTEE ON JUDICIARY
Mark Stone, Chair
ABPCA Bill Id:AB 604
Author:(Gipson) – As Introduced Ver:February 14, 2017
PROPOSED CONSENT
SUBJECT: Nonminor dependents: extended foster care benefits
KEY ISSUE: SHOULD A YOUTH BETWEEN 18 AND 21 YEARS OF AGE WHO WAS NOT MADE A DEPENDENT OR A WARD OF THE JUVENILE COURT BY AGE 18, BUT FOR WHOM CERTAIN FOSTER CARE FINDINGS WERE MADE, BE ABLE TO PARTICIPATE IN TRANSITIONAL FOSTER CARE IN ORDER TO BETTER SURVIVE AND THRIVE?
SYNOPSIS
The California Fostering Connection to Success Act (FCSA) of 2010 provides transitional foster care support to qualifying foster youths aged 18-21 years to help them successfully transition to adulthood. It seeks to provide some of the same support that parents provide to their young adult children to help them succeed. Due to the complexity and fundamental improvements the FCSA made to the state’s child welfare system, follow up legislation has been needed since its adoption to help ensure full and successful implementation. This bill, sponsored by the Alliance for Children’s Rights and the California Coalition for Youth, continues the Legislature’s efforts to ensure the FCSA is properly implemented to provide necessary and integral support services to foster youth as they prepare and transition into adulthood by making several important changes. First and foremost, this bill allows a court to provide extended foster care to a youth when a court had previously made a finding as to the need for foster care placement for the youth, but he or she was not made a dependent or ward of the juvenile court before turning 18 years of age. This will help ensure that the youth will not be denied resources simply because he or she turns 18 during the juvenile court process, which can sometimes take months. Second, this bill ensures that youth are eligible for transitional foster care benefits if they were eligible for, but did not necessarily receive, Kinship Guardian Assistance Program or Adoption Assistance Program assistance and their guardian or adoptive parent either died or failed to provide them with support. This bill passed the Assembly Human Services Committee unanimously and has no opposition.
SUMMARY: Includes, as eligible for extended foster care benefits, a youth for whom a court made certain foster care findings or who was subject to a foster care order before he or she reached 18 years of age but was not yet adjudicated a dependent or ward of the juvenile court, and a youth who exited foster care through the Kinship Guardian Assistance Program (Kin-GAP) or Adoption Assistance Program (AAP) but did not necessarily receive those benefits. Specifically, this bill:
- Eliminates the requirement that a court have dismissed dependency, delinquency, or transition jurisdiction over a nonminor in order for that nonminor to petition the court for a hearing to resume dependency jurisdiction, thus allowing the court to assume dependency jurisdiction over a nonminor, between the ages of 18 and 21, who had been under an order for foster care and for whom the court retained general jurisdiction.
- Requires the court to assume or resume dependency or transition jurisdiction over a youth, and order that nonminor’s placement and care, as specified, if the court finds that the court previously made findings relating to the need for placement in foster care, as specified, and if other specified findings already required by law are made.
- Expands the provision that a nonminor under 21 years of age may petition the court in which he or she was previously found to be a dependent or delinquent child of the juvenile court for a hearing to determine whether to assume jurisdiction if he or she received aid to include:
- A nonminor who is eligible to receive aid after 18 years of age under Kin-GAP and whose former guardian died or no longer provides ongoing support to the nonminor; or
- A nonminor who is eligible to receive AAP payments and whose adoptive parent or parents died or no longer provide ongoing support to the nonminor after the nonminor attained 18 years of age.
- Includes in the definition of “nonminor dependent” an individual about whom the court made findings relating to the need for placement in foster care, as specified, if he or she attained 18 years of age while subject to an order for foster care, as specified.
- States that a nonminor who reached 18 years of age while subject to an order for foster care, as specified, is still under the general jurisdiction of the court.
- Expands Aid to Families with Dependent Children-Foster Care (AFDC-FC) eligibility to include a nonminor dependent who is living in the home of a former nonrelated legal guardian.
- Makes legislative declaration that the intent of the bill is that (a) a youth who has been subject to a foster care order, but not adjudicated a dependent or ward of the juvenile court before age 18 is still able to access extended foster care benefits; and (b) a youth who exited the foster care system due to adoption or guardianship are able to re-enter the foster care system if either the guardian or adopted parent dies or the guardianship or adoptive relationship is disrupted.
EXISTING LAW:
- Establishes the California Fostering Connections to Success Act of 2010 (FCSA) which, among other provisions:
- Provides for the extension of transitional foster care to eligible youth up to age 21 as a voluntary program for youth who meet specified work and education participation criteria; and
- Requires changes to the Kin-GAP program in order to allow for federal financial participation in the program. (AB 12 (Beall), Chap. 559, Stats. 2010.)
- Defines a “nonminor dependent” as a current or former foster child between the ages of 18 and 21 who is in foster care and under the responsibility of the county welfare department, county probation department, or Indian tribe and is participating in a transitional independent living plan. (Welfare & Institutions Code Section 11400 (v). Unless stated otherwise, all further statutory references are to the Welfare & Institutions Code.)
- Defines “nonminor former dependent or ward” as either:
- A nonminor who turned 18 while subject to an order for foster care placement, and for whom dependency, delinquency, or transition jurisdiction has been terminated, and who is still under the general jurisdiction of the court; or
- A nonminor who is at least 18 years old and, while a minor, was a dependent child or ward of the juvenile court when the guardianship was established, as specified, and the juvenile court dependency or wardship was dismissed following the establishment of the guardianship. (Section 11400 (aa).)
- Allows a nonminor former foster youth under the age of 21 to petition the court for re-entry into foster care if his or her guardian or adoptive parent is no longer providing him or her with support, as specified. (Section 388.1.)
- Provides for the voluntary continuation or reentry into foster care for nonminor dependents who meet general Aid to Families with Dependent Children-Foster Care (AFDC-FC) requirements, as specified. (Section 11403.)
- Permits re-entry into extended foster care for a nonminor dependent whose guardian or adoptive parent died if the nonminor dependent is between the age of 18 and 21. (Section 11403 (c).)
FISCAL EFFECT: As currently in print this bill is keyed fiscal.
COMMENTS: This bill seeks to expand slightly the universe of youth who qualify for extended foster care benefits under the FCSA in order to better help these young, at risk individuals more successfully transition to adulthood. In support of the bill, the author writes:
This bill primarily impacts youth who are nearing 18 years of age when they come to the attention of the dependency or delinquency system, but who are not formally adjudicated a dependent until after they turn 18. This bill will allow the court to declare the youth a nonminor dependent, if the youth was on an order for foster care placement on his/her 18th birthday, so the youth can benefit from fee waiver support, Medi-Cal up to the age of 26, and additional services for higher education available through extended foster care. This bill also impacts youth whose adoptive parents or legal guardians no longer support them after age 18. It ensures that otherwise eligible youth are not excluded from re-entering simply because they did not receive the funding to which they were entitled.
California Fostering Connections to Success Act of 2010: The FCSA was landmark child welfare legislation that opted the state into two provisions of the federal Fostering Connections to Success and Increasing Adoptions Act of 2008 (Fostering Connections Act). Specifically, the FCSA:
- Re-enacted California’s existing state- and county-funded Kin-GAP program to align it with new federal requirements and allow the state to bring federal financial participation into California’s kinship guardianship assistance program for the first time; and
- Provides transitional foster care support to qualifying foster youth ages 18 to 21.
The goal of the FCSA is to assist nonminor dependents in their transition to adulthood, by providing them with the opportunity to create a case plan alongside their caseworkers tailored to their individual needs, which charts the course towards independent living through incremental levels of responsibility. It is a voluntary program grounded in evidence of how the option of continued support to age 21 can counter the dismal outcomes faced by youth who are forced to leave the foster care system at age 18, including high rates of homelessness, incarceration, reliance on public assistance, teen pregnancy, and low rates of high school and postsecondary graduation.
In essence, FCSA seeks to mirror the type of continued guidance and assistance most young adults receive from their parents and families in their late teens and early twenties. It provides nonminors with the option to petition to reenter care if they opt out of extended care and want to return before age 21, provided they meet the eligibility criteria set forth in federal and state law.
To be eligible to continue foster care benefits up to age 21, a nonminor dependent must: continue under the jurisdiction of the juvenile court; sign a mutual agreement which commits both the nonminor and the placing agency to certain responsibilities; reside in an approved, supervised placement; work alongside his or her caseworker to prepare and participate in the transitional independent living case plan; and have his or her status reviewed every six months. In addition, pursuant to the federal Fostering Connections Act, a youth must meet certain work or education-related eligibility criteria.
This Bill Expands the Universe of Vulnerable Youth Eligible for Extended Foster Care Benefits: Current law provides opportunities for the court to resume jurisdiction of a former nonminor dependent or ward of the court for specified reasons. In these cases, a youth who was receiving foster care services when she turned 18 may opt to re-enter foster care so that she may remain in a healthy and safe environment and draw down services to help her transition into adulthood. In addition, the law expands when a former foster youth, whose adoptive parent or guardian dies before the youth turns 21 or whose adoption or guardianship is disrupted, can re-enter the child welfare system as a nonminor dependent if he or she meets the specified criteria.
This bill allows a court to provide extended foster care to a youth when a court had previously made a finding as to the youth’s need for foster care placement, but did not make the youth a dependent or ward of the juvenile court before turning 18 years of age. This will help ensure that the youth will not be cut off from resources simply because she turns 18 during the juvenile court process, which can sometimes take months. This bill also ensures that youth are eligible for transitional foster care benefits if they were eligible for, but did not necessarily receive, Kin-GAP or AAP assistance and if their guardian or adoptive parent either died or failed to provide them with support. These are both modest expansions of the category of youth who are eligible for extended foster care benefits and services that are designed to ensure that youth who are otherwise eligible for critical benefits are not excluded from eligibility for minor technicalities.
Supporters write that there are "many critical hurdles faced by youth who come to the attention of the child welfare system as they approach their 18th birthday. For example, the court process to declare youth a 'ward of the court' can take up to nine months in some cases. If a youth turns 18 during this process, they are no longer a minor and no longer fall under the jurisdiction of the Juvenile Court – making them unable to go into extended foster care – even though the juvenile court did find that they were in need of out of home supervision and ordered them onto foster care placement before they turned 18."
Prior Legislation: AB 2454 (Quirk Silva), Chap. 769, Stats. 2014, permitted a nonminor former dependent who previously received extended Kin-GAP or AAP, but whose former guardians are no longer providing support to the nonminor, to petition the court to resume dependency under the extended foster care program.
REGISTERED SUPPORT / OPPOSITION:
Support
Alliance for Children’s Rights (co-sponsor)
California Coalition for Youth (co-sponsor)
Children Now
Los Angeles Dependency Lawyers, Inc.
Opposition
None on file
Analysis Prepared by: Leora Gershenzon / JUD. / (916) 319-2334
Date of Hearing: March 21, 2017
ASSEMBLY COMMITTEE ON HUMAN SERVICES
Blanca Rubio, Chair
ABPCA Bill Id:AB 604 (
Author:Gipson) – As Introduced Ver:February 14, 2017
SUBJECT: Nonminor dependents: extended foster care benefits
SUMMARY: Includes a youth who was subject to a foster care order before he or she reached 18 years of age but was not yet adjudged a ward of the juvenile court before reaching his or her 18th birthday, and a youth who exited foster care through the Kinship Guardian Assistance Program (Kin-GAP) or Adoption Assistance Program (AAP), as eligible for extended foster care benefits, as specified.
Specifically, this bill:
- Makes Legislative findings and declarations related to the entry and re-entry of youth in foster care.
- Removes language requiring the court to have dismissed dependency, delinquency, or transition jurisdiction over a nonminor between the ages of 18 and 21 in order for that nonminor to petition the court for a hearing to resume dependency jurisdiction and in order for that nonminor to be deemed a “nonminor former dependent or ward,” as specified.
- Allows a nonminor who attained 18 years of age while under an order for foster care and who has not yet reached 21 years of age, and for whom the court retained general jurisdiction, to petition in the same action in which the court found that the youth met certain qualifications that warranted removal from his or her home, as specified, for a court hearing to assume dependency jurisdiction over the nonminor.
- Requires the juvenile court that retained general jurisdiction over a nonminor, as specified, to order that a hearing be held within 15 judicial days if the court previously made findings relating to the need for placement in foster care, as specified, regarding him or her, and if other specified criteria already required by law are met.
- Requires the court to assume or resume dependency or transition jurisdiction over a youth, and order that nonminor’s placement and care, as specified, if the court finds that the court previously made findings relating to the need for placement in foster care, as specified, regarding him or her, and if other specified findings already required by law are made.
- Allows a nonminor former dependent to petition the court in which he or she was previously found to be a dependent or delinquent child of the juvenile court for a hearing to determine whether to assume jurisdiction if: he or she was eligible to receive aid after 18 years of age under Kin-GAP and whose former guardian or guardians died or no longer provide ongoing support to the nonminor after the nonminor attained 18 years of age but has not yet attained 21 years of age; or if he or she is a nonminor who was eligible to receive AAP payments and whose adoptive parent or parents died or no longer provide ongoing support to the nonminor after the nonminor attained 18 years of age but has not yet attained 21 years of age.
- Includes in the definition of “nonminor dependent” an individual about whom the court made findings relating to the need for placement in foster care, as specified, if he or she attained 18 years of age while subject to an order for foster care, as specified by the provisions of this bill.
- States that a nonminor who reached 18 years of age while subject to an order for foster care and meets certain criteria, as specified by the provisions of this bill, is still under the general jurisdiction of the court.
- Adds as a condition for provision of Aid to Families with Dependent Children- Foster Care (AFDC-FC) on behalf of a nonminor dependent that the child is living in the home of a former nonrelated legal guardian.
- Makes technical changes.
EXISTING LAW:
- Establishes a state and local system of child welfare services, including foster care, for children who have been adjudged by the court to be at risk or have been abused or neglected, as specified. (WIC 202)
- States that the purpose of foster care law is to provide maximum safety and protection for children who are currently being physically, sexually, emotionally abused, neglected, or exploited, and to ensure the safety, protection, and physical and emotional well-being of children who are at risk of harm. (WIC 300.2)
- States the intent of the Legislature to preserve and strengthen a child’s family ties whenever possible and to reunify a foster youth with his or her biological family whenever possible, or to provide a permanent placement alternative, such as adoption or guardianship. (WIC 16000)
- Requires a county to file a petition to the court requesting a detention hearing within 48 hours of placing a child under temporary custody to determine whether a child should remain in custody and whether any specific court permissions are necessary to provide for the health and safety of the child. (WIC 313 and 319)
- Requires a "detention hearing" to be held within 24 hours of the next court day whenever a detention petition is filed with the court. (WIC 315)
- Requires a juvenile court to hold a "jurisdictional hearing" within 15 judicial days of the petition filed to take the child into temporary custody to determine whether the court has jurisdiction to adjudicate the child. (WIC 334)
- Requires a juvenile court to hold a "dispositional hearing" within 60 days of the detention hearing to determine the appropriate placement for the youth if he or she is adjudicated to be a dependent of the court. (WIC 352(b))
- Provides for extended foster care funding for youth until age 21, as well as adopts other changes to conform to the federal Fostering Connections to Success Act. (WIC 241.1, 303, 366.3, 388, 391, 450, 11400, 11402, 11403)
- Defines “nonminor dependent” as a current or former foster youth who is between 18 and 21 years old, in foster care under the responsibility of the county welfare department, county probation department, or Indian Tribe, and participating in a transitional independent living plan, as specified. (WIC 11400 (v))
- Defines “nonminor former dependent or ward” as either:
- A nonminor who turned 18 while subject to an order for foster care placement, and for whom dependency, delinquency, or transition jurisdiction has been terminated, and who is still under the general jurisdiction of the court; or
- A nonminor who is at least 18 years old and, while a minor, was a dependent child or ward of the juvenile court when the guardianship was established, as specified, and the juvenile court dependency or wardship was dismissed following the establishment of the guardianship. (WIC 11400 (aa))
- Requires, pursuant to federal law as specified, an individual who was in foster care on his or her 18th birthday to receive Medi-Cal benefits until his or her 26th birthday, and to be continuously enrolled during this period without any interruption in coverage or new application required. (WIC 14005.28)
- Allows a nonminor former foster youth under the age of 21 to petition the court for re-entry into foster care if his or her guardian or adoptive parent is no longer providing him or her with support, as specified. (WIC 388.1)
- Establishes that termination of kinship guardianship also terminates eligibility for KinGAP unless specified conditions apply and an alternate guardian or co-guardian is appointed. (WIC 388.1 (e))
- Permits a nonminor former dependent who previously received Kin-GAP or AAP, and whose guardian or adoptive parent dies or no longer provides ongoing support or receives benefits on behalf of the nonminor, to petition the court to re-enter extended foster care if the nonminor meets other criteria for eligibility for extended foster care. (WIC 388.1 and WIC 11403 (c))
- Establishes the Kinship Guardianship Assistance Payment Program (Kin-GAP) in order to enhance family preservation by ensuring that youth are in long-term, stable placements with relatives, as specified. (WIC 11360, et seq.)
- Establishes the Adoption Assistance Program in order to benefit eligible children residing in foster care by providing the stability and security of permanent homes, as specified. (WIC 16115, et seq.)
FISCAL EFFECT: Unknown.
COMMENTS:
Child Welfare Services: The purpose of California’s Child Welfare Services (CWS) system is to protect children from abuse and neglect and provide for their health and safety. When children are identified as being at risk of abuse, neglect or abandonment, county juvenile courts hold legal jurisdiction and children are served by the CWS system through the appointment of a social worker. Through this system, there are multiple opportunities for the custody of the child, or his or her placement outside of the home, to be evaluated, reviewed and determined by the judicial system, in consultation with the child's social worker, to help provide the best possible services to the child. The CWS system seeks to help children who have been removed from their homes reunify with their parents or guardians, whenever appropriate, or unite them with other individuals they consider to be family. There are currently over 64,000 children and youth in California’s child welfare system
Dependency Court procedure: When a child is removed from the custody of his or her parent(s), he or she is temporarily placed within the jurisdiction of the child welfare system until a determination about the child’s welfare is made. Within 48 hours after a child is taken into temporary custody, the county social worker must file a petition with the court requesting that a detention hearing take place in order to determine that further detention of the child is necessary. If a petition to declare the child a dependent of the court is filed by the county social worker, then the detention hearing must be held within 48 hours of the petition being filed. At the detention hearing, the social worker outlines the allegations of abuse or neglect made against the parent and why it is necessary to remove the child from the custody of his or her parent(s). If the court determines that removing the child from his or her parents’ custody is in the best interests of the child, the child is then removed from his or her parents’ custody. Permanent placement of the child is determined at a later date.
Once a child has been removed from the custody of his or her parents, a jurisdictional hearing must take place within 15 days. It is at the jurisdictional hearing that the court determines whether the allegations outlined in the social worker’s petition are true. If the allegations are deemed to be true, then the child is determined to be within the jurisdiction of the juvenile court and a dispositional hearing must be held within 60 days of the initial detention hearing in order to determine the permanent placement of the child. At the dispositional hearing the court determines the parameters of the family reunification plan, which includes where and with whom the child will live, be it with relatives or in a foster family home.
Extended foster care: In September 2010, Governor Brown signed AB 12 (Beall), Chapter 559, Statutes of 2010, which extended foster care benefits for eligible youth aging out of the foster care system. Rather than leave youth without support on their 18th birthday, AB 12 provides transitional youth, referred to as nonminor dependents, with access to resources and mentorship until they turn 21. AB 12 allows provides these youth with the opportunity to experience independent living in supervised living environments and the opportunity to obtain educational and employment training in order to better prepare them for a successful transition into adulthood and self-sufficiency.
In order to qualify for extended foster care, youth must meet at least one of the five defined program criteria, including:
- Being enrolled in a high school or equivalent program;
- Being enrolled in a college, community college, or vocational program;
- Being employed at least 80 hours a month;
- Participating in a program or activity designed to remove barriers to employment; or
- Being unable to do one of the above requirements due to a medical condition.
Nonminor dependents must also sign an agreement within 6 months of turning 18 to remain in foster care, reside in an eligible placement, and agree to work with their social worker to meet goals of the youth’s Transitional Living Plan. Extended foster care benefits are also available to custodial parents. Current law states that for AAP, the initial AAP agreement must have been signed when the child/youth was at least 16-years old. For Kin-GAP, the child/youth must have attained 16 years of age before the Kin-GAP negotiated agreement payments commenced. Both AAP and Kin-GAP youth must also meet at least one of the participation criteria for extended foster care.
Adoption Assistance Program (AAP): In 1980, federal subsidies were created by Congress in order to encourage the adoption of special needs children and remove financial disincentives for prospective families looking to adopt. The State Legislature, in recognition of the financial difficulties experienced by adoptive parents trying to meet the special needs of children previously placed in foster care, created the Adoption Assistance Program (AAP). The program was intended to benefit children in foster care by providing the security and stability of a permanent home through adoption. Children may receive a federally funded subsidy or a state-funded subsidy.
In order to apply for the AAP, adoptive families must submit a completed Request for Adoption Assistance form provided by their licensed adoption agency. The child’s special needs are then assessed and if they are deemed eligible for participation in the program, the responsible public agency will negotiate a signed adoption assistance agreement. If an adoptive parent(s) elect not to apply for AAP benefits, they are often encouraged to sign a deferred adoption assistance agreement, which will retain the child’s eligibility for an AAP grant at a future time and qualifies the child for Medi-Cal benefits when needed. A reassessment of the child’s needs and family’s circumstances is conducted every two years and the amount of financial assistance is determined based on the special needs of the child and the circumstances of the family. Youth between the ages of 18 and 21 years old are eligible for continuing AAP if they are determined to have a documented mental or physical condition or are participating in the extended adoptions program. According to estimates by DSS, approximately 85,149 individuals received AAP assistance during the 2016-17 fiscal year and a projected 85,334 individuals are projected to receive AAP assistance in fiscal year 2017-18.
Kinship Guardianship Assistance Payment (Kin-GAP): Kin-GAP is a cash aid program designed to support foster children who have been placed in long-term foster care with a relative caregiver. While children in foster care are eligible for monthly foster care payments and support services, some relative caregivers prefer a greater sense of permanency and autonomy over living arrangements. Kin-GAP was first established by SB 1901 (McPherson), Chapter 1055, Statutes of 1998 and provided a compromise by permitting youth to remain eligible for monthly maintenance payments equal to the county foster care family home rate, while simultaneously providing the freedom of a permanent placement. Later, AB 1808 (Assembly Committee on Budget), Chapter 75, Statutes of 2006 extended the Kin-GAP program to children whose juvenile court ward-ship is terminated in favor of guardianship with a relative caregiver. Kin-GAP provides payments as income directly to the child, not the caregiver, and consists of both cash aid and Medi-Cal benefits. According to DSS, during the 2016-17 fiscal year approximately 16,017 individuals are projected to receive Kin-GAP assistance, and a projected 16,619 individuals will receive Kin-GAP assistance in fiscal year 2017-18.
Aid to Families with Dependent Children-Foster Care (AFDC-FC) and federally eligible vs. non-federally eligible foster youth: AFDC-FC provides foster care benefits to youth and can be either federally-funded or state-only funded. In order to be federally eligible for foster care, the home from which a child was removed must meet AFDC eligibility criteria from 1996 AFDC in the month the petition is filed or in any of the 6 months prior to the month the petition is filed. In 1996, the income limit for a family of 3 to qualify for AFDC was $723. Because some foster youth are ineligible to receive federally funded foster care benefits, the State of California created State AFDC-FC, which is a blend of State and County funds and provides funding to foster children placed with non-relative foster parents at the same rate as foster youth who are federally eligible.
Need for this bill: According to the author’s office, “This bill primarily impacts youth who are nearing 18 years of age when they come to the attention of the dependency or delinquency system, but who are not formally adjudicated a dependent until after they turn 18. This bill will allow the court to declare the youth a nonminor dependent, if the youth was on an order for foster care placement on his/her 18th birthday, so the youth can benefit from fee waiver support, Medi-Cal up to the age of 26, and additional services for higher education available through extended foster care. This bill also impacts youth whose adoptive parents or legal guardians no longer support them after age 18. It ensures that otherwise eligible youth are not excluded from re-entering simply because they did not receive the funding to which they were entitled.”
PRIOR LEGISLATION
AB 2454 (Quirk Silva), Chapter 769, Statutes of 2014, permitted a nonminor former dependent who previously received extended Kinship Guardianship Assistance Payment (Kin-GAP) or Adoption Assistance Payment (AAP), but whose former guardians are no longer providing support to the nonminor, to petition the court to resume dependency under the extended foster care program.
AB 212 (Beall), Chapter 459, Statutes of 2011, made various clarifying and substantive changes to the California Fostering Connections to Success Act in order to ensure proper implementation on January 1, 2012, and other changes to existing state law in order to comply with various provisions of federal law.
AB 12 (Beall), Chapter 559, Statutes of 2010, the California Fostering Connections to Success Act provides an option for continued jurisdiction of federally-eligible nonminor dependents or former dependents of the juvenile court who are between the ages of 18 and 21, as specified.
AB 1808 (Assembly Committee on Budget) Chapter, 269, Statutes of 2006, extended the provisions of the Kin-GAP program to probation youth exiting the delinquency system to live with a related guardian.
SB 1901 (McPherson) Chapter 1055, Statutes of 1998, established the Kinship Guardian Assistance Program.
DOUBLE REFERRAL. This bill has been double-referred. Should this bill pass out of this committee, it will be referred to the Assembly Committee on Judiciary.
REGISTERED SUPPORT / OPPOSITION:
Support
Children Now
California Coalition for Youth
Alliance for Children’s Rights
California Alliance of Child and Family Services
Opposition
None on file.
Analysis Prepared by: Kelsy Castillo / HUM. S. / (916) 319-2089
Discussed in Hearing
1H
Senate Standing Committee on Appropriations
5MIN
Senate Standing Committee on Judiciary
1MIN
Assembly Floor
1H
Assembly Standing Committee on Appropriations
8MIN
Assembly Standing Committee on Human Services
Bill Author
Bill Co-Author(s):