AB 890: Nonminor dependents: county of residence.
- Session Year: 2025-2026
- House: Assembly
- Latest Version Date: 2025-10-03
Current Status:
Passed
(2025-10-03: Chaptered by Secretary of State - Chapter 281, Statutes of 2025.)
Introduced
In Committee
Awaiting First Chamber Vote
Passed First Chamber
In Committee
Awaiting Second Chamber Vote
Passed Second Chamber
Enacted
Existing law specifies the rules to be used when determining the residence of a child or a nonminor dependent for purposes of the Welfare and Institutions Code, and under certain circumstances, the county in which the child or nonminor dependent is living is deemed the county of residence if the child or nonminor dependent has had a physical presence in the county for one year, and in the case of a nonminor dependent, they have expressed their intent to remain in that county. Existing law authorizes the residence of a nonminor dependent to be changed to another county where they are living if the court finds that the nonminor dependent has had a continuous physical presence in the new county for one year as a nonminor dependent and the nonminor dependent expressed intent to remain in that county. Existing law requires the juvenile court of the county where that nonminor dependent then resides to take jurisdiction of the case upon the receipt and filing of the finding of the facts and an order transferring the case.
This bill would additionally authorize the residence of a nonminor dependent to be changed to another county where they are living if the nonminor dependent requests the transfer of jurisdiction to the new county and the court finds that the transfer is in the best interest of the nonminor dependent, as specified. The bill would require a court issuing an order to transfer the case pursuant to this new authority to issue the order within 30 court days of the nonminor dependents request, and deems the new county to have jurisdiction over the nonminor dependent within 10 calendar days of an issuance of an order to transfer.
Existing law specifies conditions for a review hearing that is the last hearing held before a child attains 18 years of age or that is held in the 6-month period before the child attains 18 years of age, and for subsequent review hearings for the nonminor dependent, including that the hearings be conducted in a manner that respects the nonminors status as a legal adult and is focused on the goals and services described in the youths transitional independent living case plans.
This bill would require during those and other certain review hearings that the court consider whether the nonminor dependent requests the transfer of jurisdiction to a new county.
Existing law specifies the rules to be used when determining the residence of a child or a nonminor dependent for purposes of the Welfare and Institutions Code, and under certain circumstances, the county in which the child or nonminor dependent is living is deemed the county of residence if the child or nonminor dependent has had a physical presence in the county for one year, and in the case of a nonminor dependent, they have expressed their intent to remain in that county. Existing law authorizes the residence of a nonminor dependent to be changed to another county where they are living if the court finds that the nonminor dependent has had a continuous physical presence in the new county for one year as a nonminor dependent and the nonminor dependent expressed intent to remain in that county. Existing law requires the juvenile court of the county where that nonminor dependent then resides to take jurisdiction of the case upon the receipt and filing of the finding of the facts and an order transferring the case.
This bill would additionally authorize the residence of a nonminor dependent to be changed to another county where they are living if the nonminor dependent requests the transfer of jurisdiction to the new county and the court finds that the transfer is in the best interest of the nonminor dependent, as specified. The bill would require a court issuing an order to transfer the case pursuant to this new authority to issue the order within 30 court days of the nonminor dependents request, and deems the new county to have jurisdiction over the nonminor dependent within 10 calendar days of an issuance of an order to transfer.
Existing law specifies conditions for a review hearing that is the last hearing held before a child attains 18 years of age or that is held in the 6-month period before the child attains 18 years of age, and for subsequent review hearings for the nonminor dependent, including that the hearings be conducted in a manner that respects the nonminors status as a legal adult and is focused on the goals and services described in the youths transitional independent living case plans.
This bill would require during those and other certain review hearings that the court consider whether the nonminor dependent requests the transfer of jurisdiction to a new county.
Existing law specifies the rules to be used when determining the residence of a child or a nonminor dependent for purposes of the Welfare and Institutions Code, and under certain circumstances, the county in which the child or nonminor dependent is living is deemed the county of residence if the child or nonminor dependent has had a physical presence in the county for one year, and in the case of a nonminor dependent, they have expressed their intent to remain in that county. Existing law authorizes the residence of a nonminor dependent to be changed to another county where they are living if the court finds that the nonminor dependent has had a continuous physical presence in the new county for one year as a nonminor dependent and the nonminor dependent expressed intent to remain in that county. Existing law requires the juvenile court of the county where that nonminor dependent then resides to take jurisdiction of the case upon the receipt and filing of the finding of the facts and an order transferring the case.
This bill would additionally authorize the residence of a nonminor dependent to be changed to another county where they are living if the nonminor dependent requests the transfer of jurisdiction to the new county and the court finds that the transfer is in the best interest of the nonminor dependent, as specified. The bill would require a court issuing an order to transfer the case pursuant to this new authority to issue the order within 30 calendar court days of the nonminor dependents request, and deems the new county to have jurisdiction over the nonminor dependent within 10 calendar days of an issuance of an order to transfer.
Existing law specifies conditions for a review hearing that is the last hearing held before a child attains 18 years of age or that is held in the 6-month period before the child attains 18 years of age, and for subsequent review hearings for the nonminor dependent, including that the hearings be conducted in a manner that respects the nonminors status as a legal adult and is focused on the goals and services described in the youths transitional independent living case plans.
This bill would require during those and other certain review hearings that the court consider whether the nonminor dependent requests the transfer of jurisdiction to a new county.
Existing law specifies the rules to be used when determining the residence of a child or a nonminor dependent for purposes of the Welfare and Institutions Code, and under certain circumstances, the county in which the child or nonminor dependent is living is deemed the county of residence if the child or nonminor dependent has had a physical presence in the county for one year, and in the case of a nonminor dependent, they have expressed their intent to remain in that county. Existing law authorizes the residence of a nonminor dependent to be changed to another county where they are living if the court finds that the nonminor dependent has had a continuous physical presence in the new county for one year as a nonminor dependent and the nonminor dependent expressed intent to remain in that county. Existing law requires the juvenile court of the county where that nonminor dependent then resides to take jurisdiction of the case upon the receipt and filing of the finding of the facts and an order transferring the case.
This bill would decrease that time period of physical presence in the county in order to establish the county of residence to 6 months, and would additionally authorize the residence of a nonminor dependent to be changed to another county where they are living if the nonminor dependent requests the transfer of jurisdiction to the new county and demonstrates an intent to remain in the new county by establishing a significant connection to the new county, the court finds that the transfer is in the best interest of the nonminor dependent, as specified. The bill would require a court issuing an order to transfer the case pursuant to this new authority to issue the order within 60 30 calendar days of the nonminor dependents request, and deems the new county to have jurisdiction over the nonminor dependent within 20 10 calendar days of an issuance of an order to transfer.
Existing law specifies conditions for a review hearing that is the last hearing held before a child attains 18 years of age or that is held in the 6-month period before the child attains 18 years of age, and for subsequent review hearings for the nonminor dependent, including that the hearings be conducted in a manner that respects the nonminors status as a legal adult and is focused on the goals and services described in the youths transitional independent living case plans.
This bill would require during those and other certain review hearings that the court consider whether the nonminor dependent requests the transfer of jurisdiction to a new county.
Existing law specifies the rules to be used when determining the residence of a child or a nonminor dependent for purposes of the Welfare and Institutions Code, and under certain circumstances, the county in which the child or nonminor dependent is living is deemed the county of residence if the child or nonminor dependent has had a physical presence in the county for one year, and in the case of a nonminor dependent, they have expressed their intent to remain in that county. Existing law authorizes the residence of a nonminor dependent to be changed to another county where they are living if the court finds that the nonminor dependent has had a continuous physical presence in the new county for one year as a nonminor dependent and the nonminor dependent expressed intent to remain in that county. Existing law requires the juvenile court of the county where that nonminor dependent then resides to take jurisdiction of the case upon the receipt and filing of the finding of the facts and an order transferring the case.
This bill would decrease that time period of physical presence in the county in order to establish the county of residence to 6 months, and would additionally authorize the residence of a nonminor dependent to be changed to another county where they are living if the nonminor dependent requests the transfer of jurisdiction to the new county and demonstrates an intent to remain in the new county by establishing a significant connection to the new county, as specified. The bill would require a court issuing an order to transfer the case pursuant to this new authority to issue the order within 60 calendar days of the nonminor dependents request, and deems the new county to have jurisdiction over the nonminor dependent within 20 calendar days of an issuance of an order to transfer.
Existing law specifies conditions for a review hearing that is the last hearing held before a child attains 18 years of age or that is held in the 6-month period before the child attains 18 years of age, and for subsequent review hearings for the nonminor dependent, including that the hearings be conducted in a manner that respects the nonminors status as a legal adult and is focused on the goals and services described in the youths transitional independent living case plans.
This bill would require during those and other certain review hearings that the court consider whether the nonminor dependent requests the transfer of jurisdiction to a new county.
Existing federal law establishes the Supplemental Nutrition Assistance Program (SNAP), known in California as CalFresh, under which supplemental nutrition assistance benefits allocated to the state by the federal government are distributed to eligible individuals by each county.Existing law requires the State Department of Social Services to convene a workgroup, with a certain composition, to consider changes to semiannual reporting with the goal of reducing the reporting burden on recipients and reducing the workload for county eligibility staff. Existing law required that the consensus recommendations of the workgroup be submitted to the Legislature not later than October 1, 2021, as specified.This bill would require the department to convene a workgroup, as described above, for purposes of preparing annual reports that would serve as updates to the previous recommendations. The bill would require that the annual reports be submitted to the Legislature, with the first one submitted by January 1, 2027.Existing federal law establishes the Supplemental Nutrition Assistance Program (SNAP), known in California as CalFresh, under which supplemental nutrition assistance benefits allocated to the state by the federal government are distributed to eligible individuals by each county.
Existing law requires the State Department of Social Services to convene a workgroup, with a certain composition, to consider changes to semiannual reporting with the goal of reducing the reporting burden on recipients and reducing the workload for county eligibility staff. Existing law required that the consensus recommendations of the workgroup be submitted to the Legislature not later than October 1, 2021, as specified.
This bill would require the department to convene a workgroup, as described above, for purposes of preparing annual reports that would serve as updates to the previous recommendations. The bill would require that the annual reports be submitted to the Legislature, with the first one submitted by January 1, 2027.
Unless otherwise provided under this code, including, but not limited to, Sections 366.31 and 375, and to the extent not in conflict with federal law, the residence of a minor person, or a nonminor dependent, as described in subdivision (v) of Section 11400, shall be determined by the following rules:
(a)The residence of the parent with whom a child maintains their place of abode or the residence of any individual who has been appointed legal guardian or the individual who has been given the care or custody by a court of competent jurisdiction, determines the residence of the child.
(b)Wherever in this section it is provided that the residence of a child is determined by the residence of the person who has custody, custody means the legal right to custody of the child unless that right is held jointly by two or more persons, in which case custody means the physical custody of the child by one of the persons sharing the right to custody.
(c)The residence of a foundling shall be deemed to be that of the county in which the child is found.
(d)If the residence of the child is not determined under subdivision (a), (b), (c), or (e), the county in which the child is living shall be deemed the county of residence, if and when the child has had a physical presence in the county for one year.
(e)If the child has been declared permanently free from the custody and control of their parents, the childs residence is the county in which the court issuing the order is situated.
(f)If a nonminor dependent under the dependency jurisdiction or transition jurisdiction of the juvenile court is placed in a planned permanent living arrangement, as described in subdivision (i) of Section 366.3, the county in which the nonminor dependent is living may be deemed the county of residence, if and when the nonminor dependent has had a continuous physical presence in the county for one year as a nonminor dependent and the nonminor dependent expressed their intent to remain in that county.
(g)If a nonminor dependents dependency jurisdiction has been resumed, or transition jurisdiction assumed or resumed by the juvenile court that retained general jurisdiction pursuant to subdivision (b) of Section 303, as a result of the filing of a petition pursuant to subdivision (e) of Section 388, following the granting of the petition, the county in which the nonminor dependent is living at the time the petition was filed may be deemed the county of residence, if and when the nonminor dependent establishes that they have had a continuous physical presence in the county for one year and has expressed their intent to remain in that county. The period of continuous physical presence in the county shall include any period of continuous residence in the county immediately prior to the filing of the petition.
SEC. 2.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 child attains 18 years of age, the court shall ensure all of the following:
(1)The childs case plan includes a plan for the child 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 child is eligible to remain in foster care as a nonminor dependent.
(2)The child has been informed of their right to seek termination of dependency jurisdiction pursuant to Section 391, and understands the potential benefits of continued dependency.
(3)The child is informed of their 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 before the child attains 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 childs and nonminor dependents 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 child and nonminor dependent by the social worker or the probation officer so that the child and nonminor dependent will be able to meet the participation conditions.
(3)Efforts toward completing the items described in paragraph (2) of subdivision (e) of Section 391.
(4)On and after October 1, 2021, for a child or nonminor dependent whose placement in a short-term residential therapeutic program has been reviewed and approved, and, on and after July 1, 2022, for a child or nonminor dependent whose placement in a community treatment facility has been reviewed and approved, pursuant to Section 361.22, the report prepared for the review shall include evidence of all of the following:
(A)Ongoing assessment of the strengths and needs of the child or nonminor dependent continues to support the determination that the needs of the child or nonminor dependent cannot be met by family members or in another family-based setting, placement in a short-term residential therapeutic program or community treatment facility, as applicable, continues to provide the most effective and appropriate care setting in the least restrictive environment, and placement is consistent with the short- and long-term mental and behavioral health goals and permanency plan for the child or nonminor dependent.
(B)Documentation of the child or nonminor dependents specific treatment or service needs that will be met in the placement and the length of time the child or nonminor dependent is expected to need the treatment or services. For a Medi-Cal beneficiary, the determination of services and expected length of time for those services funded by Medi-Cal shall be based upon medical necessity and on all other state and federal Medi-Cal requirements, and shall be reflected in the documentation.
(C)Documentation of the intensive and ongoing efforts made by the child welfare department, consistent with the child or nonminor dependents permanency plan, to prepare the child or nonminor dependent to return home or to be placed with a fit and willing relative, a legal guardian, an adoptive parent, in a resource family home, a tribally approved home, or in another appropriate family-based setting, or, in the case of a nonminor dependent, in a supervised independent living setting.
(5)(A)For a child or nonminor dependent in high school who has been under the jurisdiction of the juvenile court for a year or longer, the information in subparagraph (B) of paragraph (1) of subdivision (h) of Section 366.1.
(B)(i)Whether the social worker or probation officer has informed the minor or nonminor dependent of the information in paragraph (2) of subdivision (h) of Section 366.1.
(ii)This paragraph does not affect any applicable confidentiality law.
(6)Whether the social worker or probation officer has, pursuant to the requirements of paragraph (22) of subdivision (g) of Section 16501.1, identified the person or persons who shall be responsible for assisting the child or nonminor dependent with applications for postsecondary education and related financial aid, or that the child or nonminor dependent stated that they do not want to pursue postsecondary education, including career or technical education.
(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 whether the nonminor dependent requests the transfer of jurisdiction to a new county, 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 and whether the nonminor dependent requests the transfer of jurisdiction to a new county.
(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.
(L)(i)For a nonminor dependent in high school who has been under the jurisdiction of the juvenile court for a year or longer, the information in subparagraph (B) of paragraph (1) of subdivision (h) of Section 366.1.
(ii)Whether the social worker or probation officer has informed the nonminor dependent of the information in paragraph (2) of subdivision (h) of Section 366.1.
(iii)This subparagraph does not affect any applicable confidentiality law.
(M)Whether the social worker or probation officer has, pursuant to the requirements of paragraph (22) of subdivision (g) of Section 16501.1, identified the person or persons who shall be responsible for assisting the child or nonminor dependent with applications for postsecondary education and related financial aid, or that the child or nonminor dependent stated that they do not want to pursue postsecondary education including career or technical education.
(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. If the child or nonminor dependent is placed in a short-term residential therapeutic program on or after October 1, 2021, or is placed in a community treatment facility on or after July 1, 2022, the court shall consider the evidence and documentation submitted pursuant to paragraph (4) of subdivision (b) in making this determination.
(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 their 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 dependent have been made.
(K)(i)If the nonminor dependent is in high school and has been under the jurisdiction of the juvenile court for a year or longer, whether the social worker or probation officer has taken the actions described in subparagraph (F) of paragraph (1) of subdivision (a) of Section 366.
(ii)On or before January 1, 2023, the Judicial Council shall amend and adopt rules of court and develop appropriate forms for the implementation of this subparagraph.
(L)(i)Whether the social worker or probation officer has, pursuant to the requirements of paragraph (22) of subdivision (g) of Section 16501.1, identified the person or persons who shall be responsible for assisting the child or nonminor dependent with applications for postsecondary education and related financial aid, or that the child or nonminor dependent stated that they do not want to pursue postsecondary education, including career or technical education.
(ii)On or before January 1, 2023, the Judicial Council shall amend and adopt rules of court and develop appropriate forms for the implementation of this subparagraph.
(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 whether the nonminor dependent requests the transfer of jurisdiction to a new county, 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 their 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 their 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.
(11)(A)If the nonminor dependent is in high school and has been under the jurisdiction of the juvenile court for a year or longer, whether the social worker or probation officer has taken the actions described in subparagraph (F) of paragraph (1) of subdivision (a) of Section 366.
(B)On or before January 1, 2023, the Judicial Council shall amend and adopt rules of court and develop appropriate forms for the implementation of this paragraph.
(12)(A)Whether the social worker or probation officer has, pursuant to the requirements of paragraph (22) of subdivision (g) of Section 16501.1, identified the person or persons who shall be responsible for assisting the child or nonminor dependent with applications for postsecondary education and related financial aid, or that the child or nonminor dependent stated that they do not want to pursue postsecondary education, including career or technical education.
(B)On or before January 1, 2023, the Judicial Council shall amend and adopt rules of court and develop appropriate forms for the implementation of this subparagraph.
(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)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)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.Section 375 of the Welfare and Institutions Code is amended to read:375.(a)Whenever a petition is filed in the juvenile court of a county other than the residence of the person named in the petition, or whenever, subsequent to the filing of a petition in the juvenile court of the county where that minor resides, the residence of the person who would be legally entitled to the custody of the minor were it not for the existence of a court order issued pursuant to this chapter is changed to another county, the entire case may be transferred to the juvenile court of the county where that person then resides at any time after the court has made a finding of the facts upon which it has exercised its jurisdiction over the minor, and the juvenile court of the county where that person then resides shall take jurisdiction of the case upon the receipt and filing of the finding of the facts upon which the court exercised its jurisdiction and an order transferring the case.
(b)(1)(A)Whenever a minor under the dependency jurisdiction or transition jurisdiction of the juvenile court attains 18 years of age and remains under the courts jurisdiction as a nonminor dependent, as defined in subdivision (v) of Section 11400, the residence of the nonminor dependent may be changed to another county if the court finds that the nonminor dependent meets either of the following conditions:
(i)The conditions set forth in subdivision (f) of Section 17.1.
(ii)The nonminor dependent requests the transfer of jurisdiction to a new county and the court finds that the transfer is in the best interest of the nonminor dependent. In making its determination, the court shall consider all relevant information, including, but not limited to, all of the following:
(I)Whether the transfer would enhance the nonminor dependents access to services.
(II)The position of the social worker or a tribal social worker and, if applicable, the probation officer.
(III)Whether the nonminor dependent would qualify as a resident of the new county pursuant to Section 244 of the Government Code, Section 12505 of the Vehicle Code, or Section 48204.1 of the Education Code.
(IV)Whether the nonminor dependent has established significant connections to the new county through employment or independent contracting, through enrollment in an educational or vocational program, through obtaining housing, or through establishing family or other supportive connections in the new county, including relationships that provide emotional or social support to the nonminor dependent, such as relationships with family members, mentors, close friends, or community ties, such as being a member of a religious congregation or nonprofit organization.
(V)Whether the nonminor dependent is involved in a separate dependency case as a parent in the new county.
(B)(i)Pursuant to subparagraph (A), the entire case may be ordered to be transferred to the juvenile court of the county where the nonminor dependent then resides at any time after the court has made a finding of the facts upon which the court has exercised its jurisdiction over the nonminor dependent or at a regularly scheduled review hearing pursuant to Section 366.31. The juvenile court of the county where a nonminor then resides shall take jurisdiction of the case upon the receipt and filing of that finding and an order transferring the case.
(ii)A court issuing an order to transfer the case pursuant to clause (ii) of subparagraph (A) shall issue the order within 30 court days of the nonminor dependents request.
(iii)If the court issues an order to transfer the case, the new county shall be deemed to have jurisdiction over the nonminor dependent within 10 calendar days of the issuance of the order.
(2)Whenever a petition pursuant to subdivision (e) of Section 388 is submitted in the juvenile court of a county other than the county that retained general jurisdiction under subdivision (b) of Section 303 of the nonminor dependent, as defined in subdivision (v) of Section 11400, the residence of the nonminor dependent may be changed to another county if the nonminor dependent meets the conditions of subdivision (g) of Section 17.1. The entire case may be transferred to the juvenile court of the county where the nonminor dependent then resides at any time after the county that retained general jurisdiction has granted the petition and resumed dependency jurisdiction, or has assumed or resumed transition jurisdiction. The juvenile court of the county where the nonminor then resides shall take jurisdiction of the case upon the receipt and filing of the finding of the facts upon which the court exercised its jurisdiction over the nonminor and an order transferring the case.
Unless otherwise provided under this code, including, but not limited to, Sections 366.31 and 375, and to the extent not in conflict with federal law, the residence of a minor person, or a nonminor dependent, as described in subdivision (v) of Section 11400, shall be determined by the following rules:
(a)The residence of the parent with whom a child maintains their place of abode or the residence of any individual who has been appointed legal guardian or the individual who has been given the care or custody by a court of competent jurisdiction, determines the residence of the child.
(b)Wherever in this section it is provided that the residence of a child is determined by the residence of the person who has custody, custody means the legal right to custody of the child unless that right is held jointly by two or more persons, in which case custody means the physical custody of the child by one of the persons sharing the right to custody.
(c)The residence of a foundling shall be deemed to be that of the county in which the child is found.
(d)If the residence of the child is not determined under subdivision (a), (b), (c), or (e), the county in which the child is living shall be deemed the county of residence, if and when the child has had a physical presence in the county for one year.
(e)If the child has been declared permanently free from the custody and control of their parents, the childs residence is the county in which the court issuing the order is situated.
(f)If a nonminor dependent under the dependency jurisdiction or transition jurisdiction of the juvenile court is placed in a planned permanent living arrangement, as described in subdivision (i) of Section 366.3, the county in which the nonminor dependent is living may be deemed the county of residence, if and when the nonminor dependent has had a continuous physical presence in the county for one year as a nonminor dependent and the nonminor dependent expressed their intent to remain in that county.
(g)If a nonminor dependents dependency jurisdiction has been resumed, or transition jurisdiction assumed or resumed by the juvenile court that retained general jurisdiction pursuant to subdivision (b) of Section 303, as a result of the filing of a petition pursuant to subdivision (e) of Section 388, following the granting of the petition, the county in which the nonminor dependent is living at the time the petition was filed may be deemed the county of residence, if and when the nonminor dependent establishes that they have had a continuous physical presence in the county for one year and has expressed their intent to remain in that county. The period of continuous physical presence in the county shall include any period of continuous residence in the county immediately prior to the filing of the petition.
SEC. 2.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 child attains 18 years of age, the court shall ensure all of the following:
(1)The childs case plan includes a plan for the child 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 child is eligible to remain in foster care as a nonminor dependent.
(2)The child has been informed of their right to seek termination of dependency jurisdiction pursuant to Section 391, and understands the potential benefits of continued dependency.
(3)The child is informed of their 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 before the child attains 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 childs and nonminor dependents 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 child and nonminor dependent by the social worker or the probation officer so that the child and nonminor dependent will be able to meet the participation conditions.
(3)Efforts toward completing the items described in paragraph (2) of subdivision (e) of Section 391.
(4)On and after October 1, 2021, for a child or nonminor dependent whose placement in a short-term residential therapeutic program has been reviewed and approved, and, on and after July 1, 2022, for a child or nonminor dependent whose placement in a community treatment facility has been reviewed and approved, pursuant to Section 361.22, the report prepared for the review shall include evidence of all of the following:
(A)Ongoing assessment of the strengths and needs of the child or nonminor dependent continues to support the determination that the needs of the child or nonminor dependent cannot be met by family members or in another family-based setting, placement in a short-term residential therapeutic program or community treatment facility, as applicable, continues to provide the most effective and appropriate care setting in the least restrictive environment, and placement is consistent with the short- and long-term mental and behavioral health goals and permanency plan for the child or nonminor dependent.
(B)Documentation of the child or nonminor dependents specific treatment or service needs that will be met in the placement and the length of time the child or nonminor dependent is expected to need the treatment or services. For a Medi-Cal beneficiary, the determination of services and expected length of time for those services funded by Medi-Cal shall be based upon medical necessity and on all other state and federal Medi-Cal requirements, and shall be reflected in the documentation.
(C)Documentation of the intensive and ongoing efforts made by the child welfare department, consistent with the child or nonminor dependents permanency plan, to prepare the child or nonminor dependent to return home or to be placed with a fit and willing relative, a legal guardian, an adoptive parent, in a resource family home, a tribally approved home, or in another appropriate family-based setting, or, in the case of a nonminor dependent, in a supervised independent living setting.
(5)(A)For a child or nonminor dependent in high school who has been under the jurisdiction of the juvenile court for a year or longer, the information in subparagraph (B) of paragraph (1) of subdivision (h) of Section 366.1.
(B)(i)Whether the social worker or probation officer has informed the minor or nonminor dependent of the information in paragraph (2) of subdivision (h) of Section 366.1.
(ii)This paragraph does not affect any applicable confidentiality law.
(6)Whether the social worker or probation officer has, pursuant to the requirements of paragraph (22) of subdivision (g) of Section 16501.1, identified the person or persons who shall be responsible for assisting the child or nonminor dependent with applications for postsecondary education and related financial aid, or that the child or nonminor dependent stated that they do not want to pursue postsecondary education, including career or technical education.
(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 whether the nonminor dependent requests the transfer of jurisdiction to a new county, 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 and whether the nonminor dependent requests the transfer of jurisdiction to a new county.
(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.
(L)(i)For a nonminor dependent in high school who has been under the jurisdiction of the juvenile court for a year or longer, the information in subparagraph (B) of paragraph (1) of subdivision (h) of Section 366.1.
(ii)Whether the social worker or probation officer has informed the nonminor dependent of the information in paragraph (2) of subdivision (h) of Section 366.1.
(iii)This subparagraph does not affect any applicable confidentiality law.
(M)Whether the social worker or probation officer has, pursuant to the requirements of paragraph (22) of subdivision (g) of Section 16501.1, identified the person or persons who shall be responsible for assisting the child or nonminor dependent with applications for postsecondary education and related financial aid, or that the child or nonminor dependent stated that they do not want to pursue postsecondary education including career or technical education.
(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. If the child or nonminor dependent is placed in a short-term residential therapeutic program on or after October 1, 2021, or is placed in a community treatment facility on or after July 1, 2022, the court shall consider the evidence and documentation submitted pursuant to paragraph (4) of subdivision (b) in making this determination.
(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 their 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 dependent have been made.
(K)(i)If the nonminor dependent is in high school and has been under the jurisdiction of the juvenile court for a year or longer, whether the social worker or probation officer has taken the actions described in subparagraph (F) of paragraph (1) of subdivision (a) of Section 366.
(ii)On or before January 1, 2023, the Judicial Council shall amend and adopt rules of court and develop appropriate forms for the implementation of this subparagraph.
(L)(i)Whether the social worker or probation officer has, pursuant to the requirements of paragraph (22) of subdivision (g) of Section 16501.1, identified the person or persons who shall be responsible for assisting the child or nonminor dependent with applications for postsecondary education and related financial aid, or that the child or nonminor dependent stated that they do not want to pursue postsecondary education, including career or technical education.
(ii)On or before January 1, 2023, the Judicial Council shall amend and adopt rules of court and develop appropriate forms for the implementation of this subparagraph.
(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 whether the nonminor dependent requests the transfer of jurisdiction to a new county, 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 their 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 their 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.
(11)(A)If the nonminor dependent is in high school and has been under the jurisdiction of the juvenile court for a year or longer, whether the social worker or probation officer has taken the actions described in subparagraph (F) of paragraph (1) of subdivision (a) of Section 366.
(B)On or before January 1, 2023, the Judicial Council shall amend and adopt rules of court and develop appropriate forms for the implementation of this paragraph.
(12)(A)Whether the social worker or probation officer has, pursuant to the requirements of paragraph (22) of subdivision (g) of Section 16501.1, identified the person or persons who shall be responsible for assisting the child or nonminor dependent with applications for postsecondary education and related financial aid, or that the child or nonminor dependent stated that they do not want to pursue postsecondary education, including career or technical education.
(B)On or before January 1, 2023, the Judicial Council shall amend and adopt rules of court and develop appropriate forms for the implementation of this subparagraph.
(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)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)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.Section 375 of the Welfare and Institutions Code is amended to read:375.(a)Whenever a petition is filed in the juvenile court of a county other than the residence of the person named in the petition, or whenever, subsequent to the filing of a petition in the juvenile court of the county where that minor resides, the residence of the person who would be legally entitled to the custody of the minor were it not for the existence of a court order issued pursuant to this chapter is changed to another county, the entire case may be transferred to the juvenile court of the county where that person then resides at any time after the court has made a finding of the facts upon which it has exercised its jurisdiction over the minor, and the juvenile court of the county where that person then resides shall take jurisdiction of the case upon the receipt and filing of the finding of the facts upon which the court exercised its jurisdiction and an order transferring the case.
(b)(1)(A)Whenever a minor under the dependency jurisdiction or transition jurisdiction of the juvenile court attains 18 years of age and remains under the courts jurisdiction as a nonminor dependent, as defined in subdivision (v) of Section 11400, the residence of the nonminor dependent may be changed to another county if the court finds that the nonminor dependent meets either of the following conditions:
(i)The conditions set forth in subdivision (f) of Section 17.1.
(ii)The nonminor dependent requests the transfer of jurisdiction to a new county and the court finds that the transfer is in the best interest of the nonminor dependent. In making its determination, the court shall consider all relevant information, including, but not limited to, all of the following:
(I)Whether the transfer would enhance the nonminor dependents access to services.
(II)The position of the social worker or a tribal social worker and, if applicable, the probation officer.
(III)Whether the nonminor dependent would qualify as a resident of the new county pursuant to Section 244 of the Government Code, Section 12505 of the Vehicle Code, or Section 48204.1 of the Education Code.
(IV)Whether the nonminor dependent has established significant connections to the new county through employment or independent contracting, through enrollment in an educational or vocational program, through obtaining housing, or through establishing family or other supportive connections in the new county, including relationships that provide emotional or social support to the nonminor dependent, such as relationships with family members, mentors, close friends, or community ties, such as being a member of a religious congregation or nonprofit organization.
(V)Whether the nonminor dependent is involved in a separate dependency case as a parent in the new county.
(B)(i)Pursuant to subparagraph (A), the entire case may be ordered to be transferred to the juvenile court of the county where the nonminor dependent then resides at any time after the court has made a finding of the facts upon which the court has exercised its jurisdiction over the nonminor dependent or at a regularly scheduled review hearing pursuant to Section 366.31. The juvenile court of the county where a nonminor then resides shall take jurisdiction of the case upon the receipt and filing of that finding and an order transferring the case.
(ii)A court issuing an order to transfer the case pursuant to clause (ii) of subparagraph (A) shall issue the order within 30 court days of the nonminor dependents request.
(iii)If the court issues an order to transfer the case, the new county shall be deemed to have jurisdiction over the nonminor dependent within 10 calendar days of the issuance of the order.
(2)Whenever a petition pursuant to subdivision (e) of Section 388 is submitted in the juvenile court of a county other than the county that retained general jurisdiction under subdivision (b) of Section 303 of the nonminor dependent, as defined in subdivision (v) of Section 11400, the residence of the nonminor dependent may be changed to another county if the nonminor dependent meets the conditions of subdivision (g) of Section 17.1. The entire case may be transferred to the juvenile court of the county where the nonminor dependent then resides at any time after the county that retained general jurisdiction has granted the petition and resumed dependency jurisdiction, or has assumed or resumed transition jurisdiction. The juvenile court of the county where the nonminor then resides shall take jurisdiction of the case upon the receipt and filing of the finding of the facts upon which the court exercised its jurisdiction over the nonminor and an order transferring the case.
Unless otherwise provided under this code, including, but not limited to, Sections 366.31 and 375, and to the extent not in conflict with federal law, the residence of a minor person, or a nonminor dependent, as described in subdivision (v) of Section 11400, shall be determined by the following rules:
(a)The residence of the parent with whom a child maintains their place of abode or the residence of any individual who has been appointed legal guardian or the individual who has been given the care or custody by a court of competent jurisdiction, determines the residence of the child.
(b)Wherever in this section it is provided that the residence of a child is determined by the residence of the person who has custody, custody means the legal right to custody of the child unless that right is held jointly by two or more persons, in which case custody means the physical custody of the child by one of the persons sharing the right to custody.
(c)The residence of a foundling shall be deemed to be that of the county in which the child is found.
(d)If the residence of the child is not determined under subdivision (a), (b), (c), or (e), the county in which the child is living shall be deemed the county of residence, if and when the child has had a physical presence in the county for one year.
(e)If the child has been declared permanently free from the custody and control of their parents, the childs residence is the county in which the court issuing the order is situated.
(f)If a nonminor dependent under the dependency jurisdiction or transition jurisdiction of the juvenile court is placed in a planned permanent living arrangement, as described in subdivision (i) of Section 366.3, the county in which the nonminor dependent is living may be deemed the county of residence, if and when the nonminor dependent has had a continuous physical presence in the county for one year as a nonminor dependent and the nonminor dependent expressed their intent to remain in that county.
(g)If a nonminor dependents dependency jurisdiction has been resumed, or transition jurisdiction assumed or resumed by the juvenile court that retained general jurisdiction pursuant to subdivision (b) of Section 303, as a result of the filing of a petition pursuant to subdivision (e) of Section 388, following the granting of the petition, the county in which the nonminor dependent is living at the time the petition was filed may be deemed the county of residence, if and when the nonminor dependent establishes that they have had a continuous physical presence in the county for one year and has expressed their intent to remain in that county. The period of continuous physical presence in the county shall include any period of continuous residence in the county immediately prior to the filing of the petition.
SEC. 2.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 child attains 18 years of age, the court shall ensure all of the following:
(1)The childs case plan includes a plan for the child 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 child is eligible to remain in foster care as a nonminor dependent.
(2)The child has been informed of their right to seek termination of dependency jurisdiction pursuant to Section 391, and understands the potential benefits of continued dependency.
(3)The child is informed of their 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 before the child attains 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 childs and nonminor dependents 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 child and nonminor dependent by the social worker or the probation officer so that the child and nonminor dependent will be able to meet the participation conditions.
(3)Efforts toward completing the items described in paragraph (2) of subdivision (e) of Section 391.
(4)On and after October 1, 2021, for a child or nonminor dependent whose placement in a short-term residential therapeutic program has been reviewed and approved, and, on and after July 1, 2022, for a child or nonminor dependent whose placement in a community treatment facility has been reviewed and approved, pursuant to Section 361.22, the report prepared for the review shall include evidence of all of the following:
(A)Ongoing assessment of the strengths and needs of the child or nonminor dependent continues to support the determination that the needs of the child or nonminor dependent cannot be met by family members or in another family-based setting, placement in a short-term residential therapeutic program or community treatment facility, as applicable, continues to provide the most effective and appropriate care setting in the least restrictive environment, and placement is consistent with the short- and long-term mental and behavioral health goals and permanency plan for the child or nonminor dependent.
(B)Documentation of the child or nonminor dependents specific treatment or service needs that will be met in the placement and the length of time the child or nonminor dependent is expected to need the treatment or services. For a Medi-Cal beneficiary, the determination of services and expected length of time for those services funded by Medi-Cal shall be based upon medical necessity and on all other state and federal Medi-Cal requirements, and shall be reflected in the documentation.
(C)Documentation of the intensive and ongoing efforts made by the child welfare department, consistent with the child or nonminor dependents permanency plan, to prepare the child or nonminor dependent to return home or to be placed with a fit and willing relative, a legal guardian, an adoptive parent, in a resource family home, a tribally approved home, or in another appropriate family-based setting, or, in the case of a nonminor dependent, in a supervised independent living setting.
(5)(A)For a child or nonminor dependent in high school who has been under the jurisdiction of the juvenile court for a year or longer, the information in subparagraph (B) of paragraph (1) of subdivision (h) of Section 366.1.
(B)(i)Whether the social worker or probation officer has informed the minor or nonminor dependent of the information in paragraph (2) of subdivision (h) of Section 366.1.
(ii)This paragraph does not affect any applicable confidentiality law.
(6)Whether the social worker or probation officer has, pursuant to the requirements of paragraph (22) of subdivision (g) of Section 16501.1, identified the person or persons who shall be responsible for assisting the child or nonminor dependent with applications for postsecondary education and related financial aid, or that the child or nonminor dependent stated that they do not want to pursue postsecondary education, including career or technical education.
(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 whether the nonminor dependent requests the transfer of jurisdiction to a new county, 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 and whether the nonminor dependent requests the transfer of jurisdiction to a new county.
(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.
(L)(i)For a nonminor dependent in high school who has been under the jurisdiction of the juvenile court for a year or longer, the information in subparagraph (B) of paragraph (1) of subdivision (h) of Section 366.1.
(ii)Whether the social worker or probation officer has informed the nonminor dependent of the information in paragraph (2) of subdivision (h) of Section 366.1.
(iii)This subparagraph does not affect any applicable confidentiality law.
(M)Whether the social worker or probation officer has, pursuant to the requirements of paragraph (22) of subdivision (g) of Section 16501.1, identified the person or persons who shall be responsible for assisting the child or nonminor dependent with applications for postsecondary education and related financial aid, or that the child or nonminor dependent stated that they do not want to pursue postsecondary education including career or technical education.
(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. If the child or nonminor dependent is placed in a short-term residential therapeutic program on or after October 1, 2021, or is placed in a community treatment facility on or after July 1, 2022, the court shall consider the evidence and documentation submitted pursuant to paragraph (4) of subdivision (b) in making this determination.
(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 their 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 dependent have been made.
(K)(i)If the nonminor dependent is in high school and has been under the jurisdiction of the juvenile court for a year or longer, whether the social worker or probation officer has taken the actions described in subparagraph (F) of paragraph (1) of subdivision (a) of Section 366.
(ii)On or before January 1, 2023, the Judicial Council shall amend and adopt rules of court and develop appropriate forms for the implementation of this subparagraph.
(L)(i)Whether the social worker or probation officer has, pursuant to the requirements of paragraph (22) of subdivision (g) of Section 16501.1, identified the person or persons who shall be responsible for assisting the child or nonminor dependent with applications for postsecondary education and related financial aid, or that the child or nonminor dependent stated that they do not want to pursue postsecondary education, including career or technical education.
(ii)On or before January 1, 2023, the Judicial Council shall amend and adopt rules of court and develop appropriate forms for the implementation of this subparagraph.
(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 whether the nonminor dependent requests the transfer of jurisdiction to a new county, 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 their 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 their 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.
(11)(A)If the nonminor dependent is in high school and has been under the jurisdiction of the juvenile court for a year or longer, whether the social worker or probation officer has taken the actions described in subparagraph (F) of paragraph (1) of subdivision (a) of Section 366.
(B)On or before January 1, 2023, the Judicial Council shall amend and adopt rules of court and develop appropriate forms for the implementation of this paragraph.
(12)(A)Whether the social worker or probation officer has, pursuant to the requirements of paragraph (22) of subdivision (g) of Section 16501.1, identified the person or persons who shall be responsible for assisting the child or nonminor dependent with applications for postsecondary education and related financial aid, or that the child or nonminor dependent stated that they do not want to pursue postsecondary education, including career or technical education.
(B)On or before January 1, 2023, the Judicial Council shall amend and adopt rules of court and develop appropriate forms for the implementation of this subparagraph.
(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)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)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.Section 375 of the Welfare and Institutions Code is amended to read:375.(a)Whenever a petition is filed in the juvenile court of a county other than the residence of the person named in the petition, or whenever, subsequent to the filing of a petition in the juvenile court of the county where that minor resides, the residence of the person who would be legally entitled to the custody of the minor were it not for the existence of a court order issued pursuant to this chapter is changed to another county, the entire case may be transferred to the juvenile court of the county where that person then resides at any time after the court has made a finding of the facts upon which it has exercised its jurisdiction over the minor, and the juvenile court of the county where that person then resides shall take jurisdiction of the case upon the receipt and filing of the finding of the facts upon which the court exercised its jurisdiction and an order transferring the case.
(b)(1)(A)Whenever a minor under the dependency jurisdiction or transition jurisdiction of the juvenile court attains 18 years of age and remains under the courts jurisdiction as a nonminor dependent, as defined in subdivision (v) of Section 11400, the residence of the nonminor dependent may be changed to another county if the court finds that the nonminor dependent meets either of the following conditions:
(i)The conditions set forth in subdivision (f) of Section 17.1.
(ii)The nonminor dependent requests the transfer of jurisdiction to a new county and the court finds that the transfer is in the best interest of the nonminor dependent. In making its determination, the court shall consider all relevant information, including, but not limited to, all of the following:
(I)Whether the transfer would enhance the nonminor dependents access to services.
(II)The position of the social worker or a tribal social worker and, if applicable, the probation officer.
(III)Whether the nonminor dependent would qualify as a resident of the new county pursuant to Section 244 of the Government Code, Section 12505 of the Vehicle Code, or Section 48204.1 of the Education Code.
(IV)Whether the nonminor dependent has established significant connections to the new county through employment or independent contracting, through enrollment in an educational or vocational program, through obtaining housing, or through establishing family or other supportive connections in the new county, including relationships that provide emotional or social support to the nonminor dependent, such as relationships with family members, mentors, close friends, or community ties, such as being a member of a religious congregation or nonprofit organization.
(V)Whether the nonminor dependent is involved in a separate dependency case as a parent in the new county.
(B)(i)Pursuant to subparagraph (A), the entire case may be ordered to be transferred to the juvenile court of the county where the nonminor dependent then resides at any time after the court has made a finding of the facts upon which the court has exercised its jurisdiction over the nonminor dependent or at a regularly scheduled review hearing pursuant to Section 366.31. The juvenile court of the county where a nonminor then resides shall take jurisdiction of the case upon the receipt and filing of that finding and an order transferring the case.
(ii)A court issuing an order to transfer the case pursuant to clause (ii) of subparagraph (A) shall issue the order within 30 calendar court days of the nonminor dependents request.
(iii)If the court issues an order to transfer the case, the new county shall be deemed to have jurisdiction over the nonminor dependent within 10 calendar days of the issuance of the order.
(2)Whenever a petition pursuant to subdivision (e) of Section 388 is submitted in the juvenile court of a county other than the county that retained general jurisdiction under subdivision (b) of Section 303 of the nonminor dependent, as defined in subdivision (v) of Section 11400, the residence of the nonminor dependent may be changed to another county if the nonminor dependent meets the conditions of subdivision (g) of Section 17.1. The entire case may be transferred to the juvenile court of the county where the nonminor dependent then resides at any time after the county that retained general jurisdiction has granted the petition and resumed dependency jurisdiction, or has assumed or resumed transition jurisdiction. The juvenile court of the county where the nonminor then resides shall take jurisdiction of the case upon the receipt and filing of the finding of the facts upon which the court exercised its jurisdiction over the nonminor and an order transferring the case.
Unless otherwise provided under this code, including, but not limited to, Sections 366.31 and 375, and to the extent not in conflict with federal law, the residence of a minor person, or a nonminor dependent, as described in subdivision (v) of Section 11400, shall be determined by the following rules:
(a)The residence of the parent with whom a child maintains their place of abode or the residence of any individual who has been appointed legal guardian or the individual who has been given the care or custody by a court of competent jurisdiction, determines the residence of the child.
(b)Wherever in this section it is provided that the residence of a child is determined by the residence of the person who has custody, custody means the legal right to custody of the child unless that right is held jointly by two or more persons, in which case custody means the physical custody of the child by one of the persons sharing the right to custody.
(c)The residence of a foundling shall be deemed to be that of the county in which the child is found.
(d)If the residence of the child is not determined under subdivision (a), (b), (c), or (e), the county in which the child is living shall be deemed the county of residence, if and when the child has had a physical presence in the county for six months. one year.
(e)If the child has been declared permanently free from the custody and control of their parents, the childs residence is the county in which the court issuing the order is situated.
(f)If a nonminor dependent under the dependency jurisdiction or transition jurisdiction of the juvenile court is placed in a planned permanent living arrangement, as described in subdivision (i) of Section 366.3, the county in which the nonminor dependent is living may be deemed the county of residence, if and when the nonminor dependent has had a continuous physical presence in the county for six months one year as a nonminor dependent and the nonminor dependent expressed their intent to remain in that county.
(g)If a nonminor dependents dependency jurisdiction has been resumed, or transition jurisdiction assumed or resumed by the juvenile court that retained general jurisdiction pursuant to subdivision (b) of Section 303, as a result of the filing of a petition pursuant to subdivision (e) of Section 388, following the granting of the petition, the county in which the nonminor dependent is living at the time the petition was filed may be deemed the county of residence, if and when the nonminor dependent establishes that they have had a continuous physical presence in the county for six months one year and has expressed their intent to remain in that county. The period of continuous physical presence in the county shall include any period of continuous residence in the county immediately prior to the filing of the petition.
SEC. 2.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 child attains 18 years of age, the court shall ensure all of the following:
(1)The childs case plan includes a plan for the child 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 child is eligible to remain in foster care as a nonminor dependent.
(2)The child has been informed of their right to seek termination of dependency jurisdiction pursuant to Section 391, and understands the potential benefits of continued dependency.
(3)The child is informed of their 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 before the child attains 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 childs and nonminor dependents 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 child and nonminor dependent by the social worker or the probation officer so that the child and nonminor dependent will be able to meet the participation conditions.
(3)Efforts toward completing the items described in paragraph (2) of subdivision (e) of Section 391.
(4)On and after October 1, 2021, for a child or nonminor dependent whose placement in a short-term residential therapeutic program has been reviewed and approved, and, on and after July 1, 2022, for a child or nonminor dependent whose placement in a community treatment facility has been reviewed and approved, pursuant to Section 361.22, the report prepared for the review shall include evidence of all of the following:
(A)Ongoing assessment of the strengths and needs of the child or nonminor dependent continues to support the determination that the needs of the child or nonminor dependent cannot be met by family members or in another family-based setting, placement in a short-term residential therapeutic program or community treatment facility, as applicable, continues to provide the most effective and appropriate care setting in the least restrictive environment, and placement is consistent with the short- and long-term mental and behavioral health goals and permanency plan for the child or nonminor dependent.
(B)Documentation of the child or nonminor dependents specific treatment or service needs that will be met in the placement and the length of time the child or nonminor dependent is expected to need the treatment or services. For a Medi-Cal beneficiary, the determination of services and expected length of time for those services funded by Medi-Cal shall be based upon medical necessity and on all other state and federal Medi-Cal requirements, and shall be reflected in the documentation.
(C)Documentation of the intensive and ongoing efforts made by the child welfare department, consistent with the child or nonminor dependents permanency plan, to prepare the child or nonminor dependent to return home or to be placed with a fit and willing relative, a legal guardian, an adoptive parent, in a resource family home, a tribally approved home, or in another appropriate family-based setting, or, in the case of a nonminor dependent, in a supervised independent living setting.
(5)(A)For a child or nonminor dependent in high school who has been under the jurisdiction of the juvenile court for a year or longer, the information in subparagraph (B) of paragraph (1) of subdivision (h) of Section 366.1.
(B)(i)Whether the social worker or probation officer has informed the minor or nonminor dependent of the information in paragraph (2) of subdivision (h) of Section 366.1.
(ii)This paragraph does not affect any applicable confidentiality law.
(6)Whether the social worker or probation officer has, pursuant to the requirements of paragraph (22) of subdivision (g) of Section 16501.1, identified the person or persons who shall be responsible for assisting the child or nonminor dependent with applications for postsecondary education and related financial aid, or that the child or nonminor dependent stated that they do not want to pursue postsecondary education, including career or technical education.
(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 whether the nonminor dependent requests the transfer of jurisdiction to a new county, 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 and whether the nonminor dependent requests the transfer of jurisdiction to a new county.
(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.
(L)(i)For a nonminor dependent in high school who has been under the jurisdiction of the juvenile court for a year or longer, the information in subparagraph (B) of paragraph (1) of subdivision (h) of Section 366.1.
(ii)Whether the social worker or probation officer has informed the nonminor dependent of the information in paragraph (2) of subdivision (h) of Section 366.1.
(iii)This subparagraph does not affect any applicable confidentiality law.
(M)Whether the social worker or probation officer has, pursuant to the requirements of paragraph (22) of subdivision (g) of Section 16501.1, identified the person or persons who shall be responsible for assisting the child or nonminor dependent with applications for postsecondary education and related financial aid, or that the child or nonminor dependent stated that they do not want to pursue postsecondary education including career or technical education.
(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. If the child or nonminor dependent is placed in a short-term residential therapeutic program on or after October 1, 2021, or is placed in a community treatment facility on or after July 1, 2022, the court shall consider the evidence and documentation submitted pursuant to paragraph (4) of subdivision (b) in making this determination.
(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 their 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 dependent have been made.
(K)(i)If the nonminor dependent is in high school and has been under the jurisdiction of the juvenile court for a year or longer, whether the social worker or probation officer has taken the actions described in subparagraph (F) of paragraph (1) of subdivision (a) of Section 366.
(ii)On or before January 1, 2023, the Judicial Council shall amend and adopt rules of court and develop appropriate forms for the implementation of this subparagraph.
(L)(i)Whether the social worker or probation officer has, pursuant to the requirements of paragraph (22) of subdivision (g) of Section 16501.1, identified the person or persons who shall be responsible for assisting the child or nonminor dependent with applications for postsecondary education and related financial aid, or that the child or nonminor dependent stated that they do not want to pursue postsecondary education, including career or technical education.
(ii)On or before January 1, 2023, the Judicial Council shall amend and adopt rules of court and develop appropriate forms for the implementation of this subparagraph.
(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 whether the nonminor dependent requests the transfer of jurisdiction to a new county, 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 their 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 their 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.
(11)(A)If the nonminor dependent is in high school and has been under the jurisdiction of the juvenile court for a year or longer, whether the social worker or probation officer has taken the actions described in subparagraph (F) of paragraph (1) of subdivision (a) of Section 366.
(B)On or before January 1, 2023, the Judicial Council shall amend and adopt rules of court and develop appropriate forms for the implementation of this paragraph.
(12)(A)Whether the social worker or probation officer has, pursuant to the requirements of paragraph (22) of subdivision (g) of Section 16501.1, identified the person or persons who shall be responsible for assisting the child or nonminor dependent with applications for postsecondary education and related financial aid, or that the child or nonminor dependent stated that they do not want to pursue postsecondary education, including career or technical education.
(B)On or before January 1, 2023, the Judicial Council shall amend and adopt rules of court and develop appropriate forms for the implementation of this subparagraph.
(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)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)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 age- or developmentally appropriate activities, including consulting with the nonminor dependent about opportunities for the nonminor dependent to participate in those activities.
SEC. 3.Section 375 of the Welfare and Institutions Code is amended to read:375.(a)Whenever a petition is filed in the juvenile court of a county other than the residence of the person named in the petition, or whenever, subsequent to the filing of a petition in the juvenile court of the county where that minor resides, the residence of the person who would be legally entitled to the custody of the minor were it not for the existence of a court order issued pursuant to this chapter is changed to another county, the entire case may be transferred to the juvenile court of the county where that person then resides at any time after the court has made a finding of the facts upon which it has exercised its jurisdiction over the minor, and the juvenile court of the county where that person then resides shall take jurisdiction of the case upon the receipt and filing of the finding of the facts upon which the court exercised its jurisdiction and an order transferring the case.
(b)(1)(A)Whenever a minor under the dependency jurisdiction or transition jurisdiction of the juvenile court attains 18 years of age and remains under the courts jurisdiction as a nonminor dependent, as defined in subdivision (v) of Section 11400, the residence of the nonminor dependent may be changed to another county if the court finds that the nonminor dependent meets either of the following conditions:
(i)The conditions set forth in subdivision (f) of Section 17.1.
(ii)The nonminor dependent requests the transfer of jurisdiction to a new county and demonstrates an intent to remain in the new county by establishing a significant connection to the new county, which may include, but is not limited to, any of the court finds that the transfer is in the best interest of the nonminor dependent. In making its determination, the court shall consider all relevant information, including, but not limited to, all of the following:
(I)Employment in the new county.(II)Enrollment in an educational or vocational program in the new county.(III)Housing in the new county, as evidenced by a rental or lease agreement, housing assistance approval, Supervised Independent Living Placement Approval and Placement Agreement form, a documented agreement for housing with a private party or transitional housing program in the new county, verification of housing through a transitional housing program, or supervised independent living placement approval by a social worker.(IV)Family or other supportive connections in the new county. For purposes of this section, supportive connections means relationships that provide emotional or social support to the nonminor dependent, including, but not limited to, family members, mentors, close friends, or community ties.(I)Whether the transfer would enhance the nonminor dependents access to services.
(II)The position of the social worker and, if applicable, the probation officer.
(III)Whether the nonminor dependent would qualify as a resident of the new county pursuant to Section 244 of the Government Code, Section 12505 of the Vehicle Code, or Section 48204.1 of the Education Code.
(IV)Whether the nonminor dependent has established significant connections to the new county through employment or independent contracting, through enrollment in an educational or vocational program, through obtaining housing, or through establishing family or other supportive connections in the new county, including relationships that provide emotional or social support to the nonminor dependent, such as relationships with family members, mentors, close friends, or community ties, such as being a member of a religious congregation or nonprofit organization.
(V)Whether the nonminor dependent is involved in a separate dependency case as a parent in the new county.
(B)(i)Pursuant to subparagraph (A), the entire case may be ordered to be transferred to the juvenile court of the county where the nonminor dependent then resides at any time after the court has made a finding of the facts upon which the court has exercised its jurisdiction over the or at a regularly scheduled review hearing pursuant to Section 366.31. The juvenile court of the county where a nonminor then resides shall take jurisdiction of the case upon the receipt and filing of that finding and an order transferring the case.
(ii)A court issuing an order to transfer the case pursuant to clause (ii) of subparagraph (A) shall issue the order within 60 30 calendar days of the nonminor dependents request.
(iii)If the court issues an order to transfer the case, the new county shall be deemed to have jurisdiction over the nonminor dependent within 20 10 calendar days of the issuance of the order.
(2)Whenever a petition pursuant to subdivision (e) of Section 388 is submitted in the juvenile court of a county other than the county that retained general jurisdiction under subdivision (b) of Section 303 of the nonminor dependent, as defined in subdivision (v) of Section 11400, the residence of the nonminor dependent may be changed to another county if the nonminor dependent meets the conditions of subdivision (g) of Section 17.1. The entire case may be transferred to the juvenile court of the county where the nonminor dependent then resides at any time after the county that retained general jurisdiction has granted the petition and resumed dependency jurisdiction, or has assumed or resumed transition jurisdiction. The juvenile court of the county where the nonminor then resides shall take jurisdiction of the case upon the receipt and filing of the finding of the facts upon which the court exercised its jurisdiction over the nonminor and an order transferring the case.
Unless otherwise provided under the provisions of this code, including, but not limited to, Sections 366.31 and 375, and to the extent not in conflict with federal law, the residence of a minor person, or a nonminor dependent, as described in subdivision (v) of Section 11400, shall be determined by the following rules:
(a)The residence of the parent with whom a child maintains his or her their place of abode or the residence of any individual who has been appointed legal guardian or the individual who has been given the care or custody by a court of competent jurisdiction, determines the residence of the child.
(b)Wherever in this section it is provided that the residence of a child is determined by the residence of the person who has custody, custody means the legal right to custody of the child unless that right is held jointly by two or more persons, in which case custody means the physical custody of the child by one of the persons sharing the right to custody.
(c)The residence of a foundling shall be deemed to be that of the county in which the child is found.
(d)If the residence of the child is not determined under subdivision (a), (b), (c), or (e), the county in which the child is living shall be deemed the county of residence, if and when the child has had a physical presence in the county for one year. six months.
(e)If the child has been declared permanently free from the custody and control of his or her their parents, his or her the childs residence is the county in which the court issuing the order is situated.
(f)If a nonminor dependent under the dependency jurisdiction or transition jurisdiction of the juvenile court is placed in a planned permanent living arrangement, as described in subdivision (i) of Section 366.3, the county in which the nonminor dependent is living may be deemed the county of residence, if and when the nonminor dependent has had a continuous physical presence in the county for one year six months as a nonminor dependent and the nonminor dependent expressed his or her their intent to remain in that county.
(g)If a nonminor dependents dependency jurisdiction has been resumed, or transition jurisdiction assumed or resumed by the juvenile court that retained general jurisdiction pursuant to subdivision (b) of Section 303, as a result of the filing of a petition pursuant to subdivision (e) of Section 388, following the granting of the petition, the county in which the nonminor dependent is living at the time the petition was filed may be deemed the county of residence, if and when the nonminor dependent establishes that he or she has they have had a continuous physical presence in the county for one year six months and has expressed his or her their intent to remain in that county. The period of continuous physical presence in the county shall include any period of continuous residence in the county immediately prior to the filing of the petition.
SEC. 2.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 child attains 18 years of age, the court shall ensure all of the following:
(1)The childs case plan includes a plan for the child 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 child is eligible to remain in foster care as a nonminor dependent.
(2)The child has been informed of their right to seek termination of dependency jurisdiction pursuant to Section 391, and understands the potential benefits of continued dependency.
(3)The child is informed of their 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 before the child attains 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 childs and nonminor dependents 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 child and nonminor dependent by the social worker or the probation officer so that the child and nonminor dependent will be able to meet the participation conditions.
(3)Efforts toward completing the items described in paragraph (2) of subdivision (e) of Section 391.
(4)On and after October 1, 2021, for a child or nonminor dependent whose placement in a short-term residential therapeutic program has been reviewed and approved, and, on and after July 1, 2022, for a child or nonminor dependent whose placement in a community treatment facility has been reviewed and approved, pursuant to Section 361.22, the report prepared for the review shall include evidence of all of the following:
(A)Ongoing assessment of the strengths and needs of the child or nonminor dependent continues to support the determination that the needs of the child or nonminor dependent cannot be met by family members or in another family-based setting, placement in a short-term residential therapeutic program or community treatment facility, as applicable, continues to provide the most effective and appropriate care setting in the least restrictive environment, and placement is consistent with the short- and long-term mental and behavioral health goals and permanency plan for the child or nonminor dependent.
(B)Documentation of the child or nonminor dependents specific treatment or service needs that will be met in the placement and the length of time the child or nonminor dependent is expected to need the treatment or services. For a Medi-Cal beneficiary, the determination of services and expected length of time for those services funded by Medi-Cal shall be based upon medical necessity and on all other state and federal Medi-Cal requirements, and shall be reflected in the documentation.
(C)Documentation of the intensive and ongoing efforts made by the child welfare department, consistent with the child or nonminor dependents permanency plan, to prepare the child or nonminor dependent to return home or to be placed with a fit and willing relative, a legal guardian, an adoptive parent, in a resource family home, a tribally approved home, or in another appropriate family-based setting, or, in the case of a nonminor dependent, in a supervised independent living setting.
(5)(A)For a child or nonminor dependent in high school who has been under the jurisdiction of the juvenile court for a year or longer, the information in subparagraph (B) of paragraph (1) of subdivision (h) of Section 366.1.
(B)(i)Whether the social worker or probation officer has informed the minor or nonminor dependent of the information in paragraph (2) of subdivision (h) of Section 366.1.
(ii)This paragraph does not affect any applicable confidentiality law.
(6)Whether the social worker or probation officer has, pursuant to the requirements of paragraph (22) of subdivision (g) of Section 16501.1, identified the person or persons who shall be responsible for assisting the child or nonminor dependent with applications for postsecondary education and related financial aid, or that the child or nonminor dependent stated that they do not want to pursue postsecondary education, including career or technical education.
(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 whether the nonminor dependent requests the transfer of jurisdiction to a new county, 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. guardian and whether the nonminor dependent requests the transfer of jurisdiction to a new county.
(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.
(L)(i)For a nonminor dependent in high school who has been under the jurisdiction of the juvenile court for a year or longer, the information in subparagraph (B) of paragraph (1) of subdivision (h) of Section 366.1.
(ii)Whether the social worker or probation officer has informed the nonminor dependent of the information in paragraph (2) of subdivision (h) of Section 366.1.
(iii)This subparagraph does not affect any applicable confidentiality law.
(M)Whether the social worker or probation officer has, pursuant to the requirements of paragraph (22) of subdivision (g) of Section 16501.1, identified the person or persons who shall be responsible for assisting the child or nonminor dependent with applications for postsecondary education and related financial aid, or that the child or nonminor dependent stated that they do not want to pursue postsecondary education including career or technical education.
(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. If the child or nonminor dependent is placed in a short-term residential therapeutic program on or after October 1, 2021, or is placed in a community treatment facility on or after July 1, 2022, the court shall consider the evidence and documentation submitted pursuant to paragraph (4) of subdivision (b) in making this determination.
(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 their 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 dependent have been made.
(K)(i)If the nonminor dependent is in high school and has been under the jurisdiction of the juvenile court for a year or longer, whether the social worker or probation officer has taken the actions described in subparagraph (F) of paragraph (1) of subdivision (a) of Section 366.
(ii)On or before January 1, 2023, the Judicial Council shall amend and adopt rules of court and develop appropriate forms for the implementation of this subparagraph.
(L)(i)Whether the social worker or probation officer has, pursuant to the requirements of paragraph (22) of subdivision (g) of Section 16501.1, identified the person or persons who shall be responsible for assisting the child or nonminor dependent with applications for postsecondary education and related financial aid, or that the child or nonminor dependent stated that they do not want to pursue postsecondary education, including career or technical education.
(ii)On or before January 1, 2023, the Judicial Council shall amend and adopt rules of court and develop appropriate forms for the implementation of this subparagraph.
(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 whether the nonminor dependent requests the transfer of jurisdiction to a new county, 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 their 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 their 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.
(11)(A)If the nonminor dependent is in high school and has been under the jurisdiction of the juvenile court for a year or longer, whether the social worker or probation officer has taken the actions described in subparagraph (F) of paragraph (1) of subdivision (a) of Section 366.
(B)On or before January 1, 2023, the Judicial Council shall amend and adopt rules of court and develop appropriate forms for the implementation of this paragraph.
(12)(A)Whether the social worker or probation officer has, pursuant to the requirements of paragraph (22) of subdivision (g) of Section 16501.1, identified the person or persons who shall be responsible for assisting the child or nonminor dependent with applications for postsecondary education and related financial aid, or that the child or nonminor dependent stated that they do not want to pursue postsecondary education, including career or technical education.
(B)On or before January 1, 2023, the Judicial Council shall amend and adopt rules of court and develop appropriate forms for the implementation of this subparagraph.
(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)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)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.Section 375 of the Welfare and Institutions Code is amended to read:375.(a)Whenever a petition is filed in the juvenile court of a county other than the residence of the person named in the petition, or whenever, subsequent to the filing of a petition in the juvenile court of the county where that minor resides, the residence of the person who would be legally entitled to the custody of the minor were it not for the existence of a court order issued pursuant to this chapter is changed to another county, the entire case may be transferred to the juvenile court of the county where that person then resides at any time after the court has made a finding of the facts upon which it has exercised its jurisdiction over the minor, and the juvenile court of the county where that person then resides shall take jurisdiction of the case upon the receipt and filing of the finding of the facts upon which the court exercised its jurisdiction and an order transferring the case.
(b)(1)(A)Whenever a minor under the dependency jurisdiction or transition jurisdiction of the juvenile court attains 18 years of age and remains under the courts jurisdiction as a nonminor dependent, as defined in subdivision (v) of Section 11400, the residence of the nonminor dependent may be changed to another county if the court finds that the nonminor dependent meets either of the following conditions:
(i)The conditions set forth in subdivision (f) of Section 17.1.
(ii)The nonminor dependent requests the transfer of jurisdiction to a new county and demonstrates an intent to remain in the new county by establishing a significant connection to the new county, which may include, but is not limited to, any of the following:
(I)Employment in the new county.
(II)Enrollment in an educational or vocational program in the new county.
(III)Housing in the new county, as evidenced by a rental or lease agreement, housing assistance approval, Supervised Independent Living Placement Approval and Placement Agreement form, a documented agreement for housing with a private party or transitional housing program in the new county, verification of housing through a transitional housing program, or supervised independent living placement approval by a social worker.
(IV)Family or other supportive connections in the new county. For purposes of this section, supportive connections means relationships that provide emotional or social support to the nonminor dependent, including, but not limited to, family members, mentors, close friends, or community ties.
(b)(1)Whenever a minor under the dependency jurisdiction or transition jurisdiction of the juvenile court attains 18 years of age and remains under the courts jurisdiction as a nonminor dependent, as defined in subdivision (v) of Section 11400, the residence of the nonminor dependent may be changed(B)(i)Pursuant to another county if subparagraph (A), the court finds that the nonminor dependent meets the conditions of subdivision (f) of Section 17.1. The entire case may be ordered to be transferred to the juvenile court of the county where the nonminor dependent then resides at any time after the court has made a finding of the facts upon which the court has exercised its jurisdiction over the nonminor. or at a regularly scheduled review hearing pursuant to Section 366.31. The juvenile court of the county where a nonminor then resides shall take jurisdiction of the case upon the receipt and filing of that finding and an order transferring the case.
(ii)A court issuing an order to transfer the case pursuant to clause (ii) of subparagraph (A) shall issue the order within 60 calendar days of the nonminor dependents request.
(iii)If the court issues an order to transfer the case, the new county shall be deemed to have jurisdiction over the nonminor dependent within 20 calendar days of the issuance of the order.
(2)Whenever a petition pursuant to subdivision (e) of Section 388 is submitted in the juvenile court of a county other than the county that retained general jurisdiction under subdivision (b) of Section 303 of the nonminor dependent, as defined in subdivision (v) of Section 11400, the residence of the nonminor dependent may be changed to another county if the nonminor dependent meets the conditions of subdivision (g) of Section 17.1. The entire case may be transferred to the juvenile court of the county where the nonminor dependent then resides at any time after the county that retained general jurisdiction has granted the petition and resumed dependency jurisdiction, or has assumed or resumed transition jurisdiction. The juvenile court of the county where the nonminor then resides shall take jurisdiction of the case upon the receipt and filing of the finding of the facts upon which the court exercised its jurisdiction over the nonminor and an order transferring the case.
SECTION 1.Section 18910.2 of the Welfare and Institutions Code is amended to read:18910.2.(a)The department shall convene a workgroup that includes, but is not limited to, the County Welfare Directors Association of California, representatives of county eligibility workers, the Statewide Automated Welfare System, and client advocates to consider changes to semiannual reporting with the goal of reducing the reporting burden on recipients and reducing the workload for county eligibility staff.(b)The workgroup shall consider federally allowable reporting structures implemented in other states, consider recommendations in existing research reports, and receive and consider options put forth by workgroup members.(c)The consensus recommendations of the workgroup shall be submitted to the Legislature by October 1, 2021, and shall include details regarding potential implementation of these recommendations, including identification of those that the state may implement via state legislation or administrative guidance to counties, as well as those requiring changes in federal law or waivers of federal law. The report may also include ideas that were not consensus items with an opportunity for participating workgroup members to comment on those items.(d)The department shall convene a workgroup, as described in subdivision (a), for purposes of preparing annual reports that shall serve as updates to the recommendations described in subdivision (c). The annual reports shall be submitted to the Legislature, with the first one submitted by January 1, 2027.(e)A report to be submitted pursuant to subdivision (c) or (d) shall be submitted in compliance with Section 9795 of the Government Code. REVISIONS: HeadingLine 2.(a)The department shall convene a workgroup that includes, but is not limited to, the County Welfare Directors Association of California, representatives of county eligibility workers, the Statewide Automated Welfare System, and client advocates to consider changes to semiannual reporting with the goal of reducing the reporting burden on recipients and reducing the workload for county eligibility staff.
(b)The workgroup shall consider federally allowable reporting structures implemented in other states, consider recommendations in existing research reports, and receive and consider options put forth by workgroup members.
(c)(1)The consensus recommendations of the workgroup shall be submitted to the Legislature not later than by October 1, 2021, and shall include details regarding potential implementation of these recommendations, including identification of those that the state may implement via state legislation or administrative guidance to counties, as well as those requiring changes in federal law or waivers of federal law. The report may also include ideas that were not consensus items with an opportunity for participating workgroup members to comment on those items.
(2)(A)The requirement for submitting a report imposed under paragraph (1) is inoperative on October 1, 2025, pursuant to Section 10231.5 of the Government Code.(d)The department shall convene a workgroup, as described in subdivision (a), for purposes of preparing annual reports that shall serve as updates to the recommendations described in subdivision (c). The annual reports shall be submitted to the Legislature, with the first one submitted by January 1, 2027.
(B)(e)A report to be submitted pursuant to paragraph (1) subdivision (c) or (d) shall be submitted in compliance with Section 9795 of the Government Code.
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Date
|
Status
|
|---|---|
| Oct 3, 2025 | Chaptered by Secretary of State - Chapter 281, Statutes of 2025. |
| Oct 3, 2025 | Approved by the Governor. |
| Sep 16, 2025 | Enrolled and presented to the Governor at 2 p.m. |
| Sep 9, 2025 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 80. Noes 0. Page 3113.). |
| Sep 8, 2025 | In Assembly. Concurrence in Senate amendments pending. |
| Sep 8, 2025 | Read third time. Passed. Ordered to the Assembly. (Ayes 39. Noes 0. Page 2593.). |
| Sep 4, 2025 | Read second time. Ordered to third reading. |
| Sep 3, 2025 | Read third time and amended. Ordered to second reading. |
| Sep 3, 2025 | Ordered to third reading. |
| Sep 3, 2025 | From special consent calendar. |
| Sep 2, 2025 | Ordered to special consent calendar. |
| Aug 29, 2025 | Read second time. Ordered to third reading. |
| Aug 29, 2025 | From committee: Do pass. (Ayes 7. Noes 0.) (August 29). |
| Aug 18, 2025 | In committee: Referred to suspense file. |
| Jul 16, 2025 | From committee: Do pass and re-refer to Com. on APPR. with recommendation: To Consent Calendar. (Ayes 13. Noes 0.) (July 15). Re-referred to Com. on APPR. |
| Jul 8, 2025 | From committee: Do pass and re-refer to Com. on JUD. with recommendation: To Consent Calendar. (Ayes 5. Noes 0.) (July 7). Re-referred to Com. on JUD. |
| Jul 3, 2025 | 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 5, 2025 | In committee: Set, first hearing. Hearing canceled at the request of author. |
| May 7, 2025 | Referred to Coms. on HUMAN S., JUD. and APPR. |
| Apr 21, 2025 | In Senate. Read first time. To Com. on RLS. for assignment. |
| Apr 21, 2025 | Read third time. Passed. Ordered to the Senate. (Ayes 74. Noes 0. Page 1173.) |
| Apr 10, 2025 | Read second time. Ordered to third reading. |
| Apr 9, 2025 | From committee: Do pass. (Ayes 6. Noes 0.) (April 8). |
| Apr 9, 2025 | Coauthors revised. |
| Apr 1, 2025 | Re-referred to Com. on HUM. S. |
| Mar 28, 2025 | From committee chair, with author's amendments: Amend, and re-refer to Com. on HUM. S. Read second time and amended. |
| Mar 3, 2025 | Referred to Com. on HUM. S. |
| Feb 20, 2025 | From printer. May be heard in committee March 22. |
| Feb 19, 2025 | Read first time. To print. |
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Date
|
Description
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Location
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Votes
|
|
|---|---|---|---|---|
| Sep 9, 2025 | AB 890 Lee Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Sep 8, 2025 | Assembly 3rd Reading AB890 Lee et al. By Ochoa Bogh | Senate Floor |
Passed |
|
| Aug 29, 2025 | Do pass | Senate Standing Committee on Appropriations |
Passed |
|
| Aug 18, 2025 | Placed on suspense file | Senate Standing Committee on Appropriations |
Passed |
|
| Jul 15, 2025 | Do pass, but first be re-referred to the Committee on [Appropriations] with the recommendation: To Consent Calendar | Senate Standing Committee on Judiciary |
Passed |
|
| Jul 7, 2025 | 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 |
|
| Apr 21, 2025 | AB 890 Lee Assembly Third Reading | Assembly Floor |
Passed |
|
| Apr 8, 2025 | Do pass. | 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
|
|---|---|---|
| ASPIRANET | ** Support | |
| California Youth Connection | ** Support | |
| Center for Public Interest Law | ** Support | |
| Children's Advocacy Institute at the University of San Diego (co-source) | ** Support | |
| Children's Legal Services of San Diego (co-source) | ** Support | |
| Children’s Advocacy Institute at the University of San Diego | ** Support | |
| County Welfare Directors Association of California | ** Support | |
| Dependency Legal Services | ** Support | |
| First Place for Youth | ** Support | |
| John Burton Advocates for Youth | ** Support | |
| Justice2jobs Coalition | ** Support | |
| San Diego Youth Services | ** Support |
CONCURRENCE IN SENATE AMENDMENTS
CSA1 Bill Id:AB 890
Author:(Lee)
As Amended Ver:September 3, 2025
Majority vote
SUMMARY
Revises criteria for the court to consider when youth participating in the extended foster care program request to transfer their case to a new county.
Senate Amendments
- Revert the minimum residency requirement for youth from six months back to one year.
- Revise the conditions under which the court can transfer the residence of a non-minor dependent (NMD) to another county to include whether the court finds that the transfer is in the best interest of the NMD. Requires the court, in making its determination, to consider all relevant information including, but not limited to:
- Whether the transfer would enhance the NMD’s access to services;
- The position of the social worker, tribal social worker, or probation officer, if applicable;
- Whether the NMD would qualify as a resident under existing statutory definitions;
- Whether the NMD has established significant connections to the new county through employment or independent contracting, through enrollment in an educational or vocational program, through obtaining housing, or through establishing family or other supportive connections in the new county, such as being a member of a religious congregation or nonprofit organization; and,
- Whether the NMD is involved in a separate dependency case as a parent in the new county
- Clarify that a court issuing an order to transfer a case is required to issue the order within 30 “court” days rather than “calendar” days.
COMMENTS
Extended Foster Care. AB 12 (Beall), Chapter 559, Statutes of 2010, established the extended foster care program which allows foster youth to stay in foster care after they reach 18 years of age, until their 21st birthday. Extended foster care is a benefit available to eligible youth to assist them to achieve self-sufficiency and includes educational opportunities, employment trainings, and supervised independent living environments. For a foster youth to be eligible for extended foster care, they must continue to be under the responsibility of the county welfare department, county probation department, or Indian tribe, participate in a Transitional Independent Living Plan (TILP), be enrolled in either postsecondary or vocational educational program, or in an activity designed to promote, or remove barriers to employment, or be employed for at least 80 hours a month, unless they are unable due to a medical condition. When an NMD ages out of extended foster care at 21 years of age, state law provides for various exit requirements to ensure the youth are provided with all the necessary information to thrive in their transition to adulthood.
Participants in extended foster care retain their rights as adults but remain under the jurisdiction of the court, and the care and responsibility of the county. As young adults, NMDs must be included in any placement decisions. Despite challenges that may arise when working with an NMD to meet their individual needs, the county must offer the NMD a safe and suitable placement that is immediately available to the NMD and remains responsible for ensuring that NMDs have access to a safe and suitable placement at all times.
While in extended foster care, NMDs are required to attend review hearings at least every six months in order for the court to assess the status and progress of the youth. At the review hearings, the court reviews various reports, including the TILP which outlines the youth's goals and progress toward independence. At these review hearings, the court also evaluates the NMD's living situation, educational or employment status, and any barriers to achieving self-sufficiency.
If a youth happens to move into a different county while participating in the extended foster care program, they are required to travel back to their county of origin to attend these review hearings, which can create additional barriers to a youth who has moved a long distance.
For any NMD residing out of county, their efforts to access resources could be affected by the county of jurisdiction's lack of knowledge or strong connections with the resources available in the county where the youth resides. Caseworkers from the jurisdictional county could also find it difficult to provide consistent and thorough oversight when the NMD is living far away. This geographical distance can lead to delays in identifying needed services and addressing housing instability.
This bill would provide NMDs who move to a different county with additional avenues to petition the court to transfer their cases in addition to reducing the amount of time needed to establish residency.
Lack of Flexibility. Currently, if an NMD moves out of the county where they first entered into care, they either have to travel back to their county of origin to attend review hearings or they are required to petition the court to have their case transferred to the new county after living there continuously for one year.
According to a 2024 report entitled Documenting Out-of-County Residences for Young Adults in Foster Care (School of Social Welfare, University of California, Berkeley) approximately 37.1% of NMDs have experienced at least one out-of-county residence during their time in extended foster care—a rate that has increased in recent years. However, the study notes that the corresponding changes in supervising counties is rare: only 3.7% of all young people in any out-of-county residence had a documented change in their supervising county.
Counties having jurisdiction of the NMD are required to remain the county of payment regardless of the youth's physical residence. Counties are permitted to develop courtesy supervision agreements to provide case management and independent living services by the county of residence pursuant to the NMD's TILP, however, because Supervised Independent Living Placement (SILP) payments that some participants in extended foster care receive are dependent upon the cost of living in the county where their case was initiated, these foster youth could encounter considerable obstacles securing stable housing, particularly if the new county has a higher cost of living.
The current residency requirement mandates NMDs to reside continuously in a new county for 12 months before transferring jurisdiction. The maximum length of time an NMD can spend in extended foster care is 36 months. This policy causes significant delays in accessing vital services and housing. Attorneys, advocates, and former foster youth identify the following challenges:
- Supervising social workers and attorneys from the county of jurisdiction often lack knowledge of and connections to resources and services in the NMD's county of residence.
- Delays in SILP approvals exacerbate housing instability for NMDs seeking independence.
- Housing programs in many counties prioritize local residents, leaving NMDs from other counties at a disadvantage when seeking stable housing options.
- Youth unable to secure timely services and housing face increased risks of homelessness, employment disruption, educational disruption, and other detrimental outcomes.
Just in Time for Foster Youth, a nonprofit organization in San Diego that has served thousands of NMDs, confirms that many youth contact them after experiencing significant difficulty accessing resources and assistance—including housing—because they do not meet local residency requirements. Advocates also report that youth with local cases are prioritized over out-of-county youth.
The current one-size-fits-all residency requirement does not capture the many reasons why an NMD may choose to reside in a county apart from their supervising county. Like any other young adult, NMDs may find education and employment opportunities available in new locations. However, the residency requirement can make it difficult or even impossible to take advantage of these opportunities and obtain the services they need and are legally entitled to.
This bill would also allow the additional flexibility of having the court proactively inquire at the regularly scheduled review hearings every six months whether the NMD requests the transfer of jurisdiction to a new county, instead of requiring the youth to seek out the petition on their own after living in the new county for a year.
Equity Implications: Nearly one-third of California's foster youth reported being homeless at least once between 17 and 21 years of age. The state has a unique obligation to ensure these youth have access to secure, permanent housing. Through no fault of their own, these children were removed them from their home and it is imperative that barriers to their safety, security and independence are removed. This bill's provisions seek to streamline existing requirements that have made it more difficult for foster youth who are gaining independence to move to a different county and receive services, without having to wait an entire year.
According to the Author
"Foster youth enrolled in the extended foster care program are actively working on securing their independence as young adults. For many, that independence means moving to a new place for college, a job, or to maintain personal connections. Whatever the reason, it is vital we remove barriers to allow these youth who have experienced the trauma of being removed from their home due to abuse and neglect, maximum flexibility to live anywhere in the state they desire, and to be provided with the services and supports to which they are entitled. By offering dependency judges discretion to act at the request of and in the best interests of NMDs who have moved counties, and reducing bureaucratic delays, this bill will dramatically improve the ability of judges and counties, and, by extension, all of us, to provide essential services to these youth who are just starting out in life and are relying on us not to make it any harder."
Arguments in Support
The County Welfare Directors Association of California states they are supportive of the additional factors for the court to consider when an NMD asks for their extended foster care jurisdiction to be moved to another county.
Arguments in Opposition
No opposition on file.
FISCAL COMMENTS
According to the Senate Appropriations Committee on August 18, 2025:
- The California Department of Social Services (CDSS) estimates costs of $937,000 ($907,000 General Fund and $30,000 federal funds) in 2026-27 and $112,000 ($82,000 General Fund and $30,000 federal funds) ongoing thereafter, which reflects increased workload for county workers and a one-time cost of $825,000 for adding new data fields to the current automation system.
- Unknown, potential ongoing costs to courts for increased workload (Trial Court Trust Fund, General Fund). Although courts are not funded on the basis of workload, increased pressure on staff time and resources may create a need for increased funding for courts from the General Fund to perform existing duties.
VOTES:
ASM HUMAN SERVICES: 6-0-0
YES: Lee, Castillo, Calderon, Elhawary, Jackson, Celeste Rodriguez
ASSEMBLY FLOOR: 74-0-5
YES: Addis, Aguiar-Curry, Ahrens, Alanis, Alvarez, Arambula, Ávila Farías, Bains, Bauer‑Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Caloza, Carrillo, Castillo, Chen, Connolly, Davies, DeMaio, Dixon, Elhawary, Ellis, Flora, Fong, Gabriel, Garcia, Gipson, Jeff Gonzalez, Mark González, Hadwick, Haney, Harabedian, Hart, Hoover, Irwin, Jackson, Kalra, Krell, Lackey, Lee, Lowenthal, Macedo, McKinnor, Muratsuchi, Nguyen, Ortega, Pacheco, Patel, Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ransom, Celeste Rodriguez, Michelle Rodriguez, Rogers, Blanca Rubio, Sanchez, Schiavo, Schultz, Solache, Soria, Stefani, Ta, Tangipa, Wallis, Ward, Wicks, Wilson, Zbur, Rivas
ABS, ABST OR NV: Gallagher, Papan, Ramos, Sharp-Collins, Valencia
UPDATED
VERSION: September 3, 2025
CONSULTANT: Jessica Langtry / HUM. S. / (916) 319-2089 FN: 0001698
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 890 |
THIRD READING
Bill No: AB 890
Author: Lee (D), et al.
Amended: 9/3/25 in Senate
Vote: 21
SENATE HUMAN SERVICES COMMITTEE: 5-0, 7/7/25
AYES: Arreguín, Ochoa Bogh, Becker, Durazo, Limón
SENATE JUDICIARY COMMITTEE: 13-0, 7/15/25
AYES: Umberg, Niello, Allen, Arreguín, Ashby, Caballero, Durazo, Laird, Stern, Valladares, Wahab, Weber Pierson, Wiener
ASSEMBLY FLOOR: 74-0, 4/21/25 - See last page for vote
SUBJECT: Nonminor dependents: county of residence
SOURCE: Children's Legal Services of San Diego, Children’s Advocacy Institute
DIGEST:
This bill revises the residency requirements placed upon foster youth who are participating in the extended foster care program by creating a clear set of guidelines for the court to determine when a change of jurisdiction would be in the best interest of the nonminor dependent.
ANALYSIS:
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 of abuse and neglect or who have been abused or neglected, as specified. (Welfare and Institutions Code (WIC) § 202)
- Establishes a system of juvenile dependency for children for specified reasons, and designates that a child who meets certain criteria is within the jurisdiction of the juvenile court and may be adjudged as a dependent child of the court, as specified. (WIC § 300 et seq.)
- Requires the status of every minor or nonminor dependent in foster care to be reviewed by the court at least once every six months, as specified. (WIC § 366)
- Defines “nonminor dependent” as a current or former foster youth who is a current dependent child or ward of the juvenile court, or who is a nonminor under transition jurisdiction of the juvenile court, 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))
- 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. (WIC § 303(c))
- Requires the juvenile court, in making the findings regarding continuing dependency jurisdiction of a nonminor, to ensure the nonminor has been informed of their options, including the benefits of remaining in foster care and rights to re-enter foster care, and has had an opportunity to confer with their counsel if counsel has been appointed, as specified. (WIC § 391(c))
- Provides that for youth exiting from care, at 18 or 21 years of age, a case worker, other appropriate agency staff, or probation officer and other representatives of the participant, as appropriate, shall provide the youth or nonminor dependent with assistance and support in developing the written 90-day transition exit plan, that is personalized at the direction of the child or nonminor dependent, as provided. When appropriate, this plan must follow the youth’s transitional independent living plan that was developed to prepare the youth for the transition from foster care. (WIC § 16501.1(g)(16))
This bill:
- Requires the court, at the last review hearing before a foster youth turns 18, and at every subsequent review hearing, to inquire whether the nonminor dependent wants to transfer jurisdiction to a new county.
- Allows the nonminor dependent’s residency to be changed to another county if the court finds the nonminor dependent meets either of the following:
- The nonminor dependent had a continuous physical presence in the county for one year, is in a planned permanent living arrangement, and has expressed their intent to remain in that county; or,
- The nonminor dependent requests the transfer of jurisdiction to a new county and the court finds that the transfer is in the best interest of the nonminor dependent. In making its determination the court shall consider all relevant information, including, but not limited to, all of the following:
- Whether the transfer would enhance the nonminor dependent’s access to services.
- The position of the social worker or tribal social worker and, if applicable, the probation officer.
- Whether the nonminor dependent would qualify as a resident of the new county, as specified.
- Whether the nonminor dependent has established significant connections to the new county through employment or independent contracting, through enrollment in an educational or vocational program, through obtaining housing, or through establishing family or other supportive connections in the new county, including relationships that provide emotional or social support to the nonminor dependent, such as relationships with family members, mentors, close friends, or community ties, such as being a member of a religious congregation or nonprofit organization.
- Whether the nonminor dependent is involved in a separate dependency case as a parent in the new county.
- Requires the court to issue the order for transfer within 30 court days of the nonminor dependent’s request and provides that the new county shall be deemed to have jurisdiction over the nonminor dependent within 10 calendar days of the issuance of the order.
Comments
According to the author. “Foster youth enrolled in the extended foster care program are actively working on securing their independence as young adults. For many, that independence means moving to a new place for college, a job, or to maintain personal connections. Whatever the reason, it is vital we remove barriers to allow these youth who have experienced the trauma of being removed from their home due to abuse and neglect, maximum flexibility to live anywhere in the state they desire, and to be provided with the services and supports to which they are entitled. By offering dependency judges discretion to act at the request of and in the best interests of nonminor dependents who have moved counties, and reducing bureaucratic delays, this bill will dramatically improve the ability of judges and counties, and, by extension, all of us, to provide essential services to these youth who are just starting out in life and are relying on us not to make it any harder.”
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. Extended foster care was created in 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 meet one of the following participation criteria: enrolled in high school or a high school equivalency credential; enrolled in college, community college, or vocational education; employed for at least 80 hours per month; participating in other qualifying activities or programs designed to remove barriers to employment; or medically exempt from meeting any of the other participation criteria.
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. At the six month hearing prior to a youth turning 18 years old, the youth’s social worker or probation officer must submit a transitional living plan to ensure that the youth will meet at least one participation criteria, listed above, if the youth plans to participate in extended foster care. The youth must also sign an agreement to remain in foster care within six months of turning 18, reside in an eligible placement, and agree to work with their social worker to meet the goals of their transitional living plan. Additionally, existing law allows qualifying nonminors who are former foster youth under the age of 21 to petition the court for re-entry into foster care to participate in extended foster care, as provided.
The University of Chicago’s Chapin Hall conducted the California Youth Transitions to Adulthood Study (CalYOUTH) in 2018. This study evaluated the impacts of extended foster care on outcomes for transition age foster youth. The following were among the findings of the CalYOUTH study for each additional year a youth spent in extended foster care: increased the probability that they completed a high school credential by about eight percent; increased their expected probability of enrolling in college by 10 to 11 percent; decreased the odds that they became pregnant or impregnated an individual between the ages of 17 and 21 by 28%; and decreased the odds of being homeless or couch-surfing between the ages of 17 and 21 by about 28 percent.
Youth participation in the extended foster care program has exceeded initial expectations. Between July 2010 and July 2014, the number of youth age 18-20 in extended foster care in California increased by 211 percent, from 2,908 to 9,032, according to data compiled by UC Berkeley. As of January 1, 2025, there were over 6,800 youth ages 18-21 in foster care in California.
Under existing law, if a nonminor dependent moves to another county, they must live in that new county for one year before their case can be transferred to the new county. The nonminor dependent must also intend to remain in that new county. There are status review hearings every six months for nonminor dependents, meaning if a nonminor dependent moved from San Francisco to San Diego, they would have to travel back and forth for a year before the court could transfer their case to the new county. This bill attempts to address this issue by providing clear guidelines as to when the court should transfer the jurisdiction of the case and timelines by which the case is to be transferred after such an order.
Related/Prior Legislation
AB 494 (Davies, 2025) would authorize the residence of a nonminor dependent to be changed to another county where they are living if the nonminor dependent requests the transfer of jurisdiction to the new county and demonstrates an intent to remain in the new county by establishing a significant connection to the new county, as specified. The bill would require a court issuing an order to transfer the case pursuant to this new authority to issue the order within 30 calendar days of the nonminor dependent’s request, and deems the new county to have jurisdiction over the nonminor dependent within 10 calendar days of an issuance of an order to transfer. AB 494 did not move and instead the author became a co-author to AB 890.
AB 1712 (Beall, Chapter 846, Statutes of 2012) enacted numerous technical, clarifying, and federal conformity changes to the California Fostering Connections to Success Act of 2010, including allowing the county of residence to assume the supervision of the nonminor dependent after twelve months of continuous residence.
AB 12 (Beall and Bass, Chapter 559, Statutes of 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 the Kinship Guardianship Assistance Program (Kin-GAP).
FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No
According to the Senate Appropriations Committee analysis:
- The California Department of Social Services (CDSS) estimates costs of $937,000 ($907,000 General Fund and $30,000 federal funds) in 2026-27 and $112,000 ($82,000 General Fund and $30,000 federal funds) ongoing thereafter, which reflects increased workload for county workers and a one-time cost of $825,000 for adding new data fields to the current automation system.
- Unknown, potential ongoing costs to courts for increased workload (Trial Court Trust Fund, General Fund). Although courts are not funded on the basis of workload, increased pressure on staff time and resources may create a need for increased funding for courts from the General Fund to perform existing duties.
SUPPORT: (Verified 09/03/25)
Children's Advocacy Institute at the University of San Diego (co-source)
Children's Legal Services of San Diego (co-source)
Aspiranet
California Youth Connection
Center for Public Interest Law
County Welfare Directors Association
Dependency Legal Services
First Place for Youth
John Burton Advocates for Youth
Justice2jobs Coalition
San Diego Youth Services
OPPOSITION: (Verified 09/03/25)
None received
ASSEMBLY FLOOR: 74-0, 4/21/25
AYES: Addis, Aguiar-Curry, Ahrens, Alanis, Alvarez, Arambula, Ávila Farías, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Caloza, Carrillo, Castillo, Chen, Connolly, Davies, DeMaio, Dixon, Elhawary, Ellis, Flora, Fong, Gabriel, Garcia, Gipson, Jeff Gonzalez, Mark González, Hadwick, Haney, Harabedian, Hart, Hoover, Irwin, Jackson, Kalra, Krell, Lackey, Lee, Lowenthal, Macedo, McKinnor, Muratsuchi, Nguyen, Ortega, Pacheco, Patel, Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ransom, Celeste Rodriguez, Michelle Rodriguez, Rogers, Blanca Rubio, Sanchez, Schiavo, Schultz, Solache, Soria, Stefani, Ta, Tangipa, Wallis, Ward, Wicks, Wilson, Zbur, Rivas
NO VOTE RECORDED: Gallagher, Papan, Ramos, Sharp-Collins, Valencia
Prepared by: Heather Hopkins / HUMAN S. / (916) 651-1524
9/6/25 10:30:14
**** END ****
SENATE RULES COMMITTEE Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 | AB 890 |
THIRD READING
Bill No: AB 890
Author: Lee (D), et al.
Amended: 7/3/25 in Senate
Vote: 21
SENATE HUMAN SERVICES COMMITTEE: 5-0, 7/7/25
AYES: Arreguín, Ochoa Bogh, Becker, Durazo, Limón
SENATE JUDICIARY COMMITTEE: 13-0, 7/15/25
AYES: Umberg, Niello, Allen, Arreguín, Ashby, Caballero, Durazo, Laird, Stern, Valladares, Wahab, Weber Pierson, Wiener
SENATE APPROPRIATIONS COMMITTEE: 7-0, 8/29/25
AYES: Caballero, Seyarto, Cabaldon, Dahle, Grayson, Richardson, Wahab
ASSEMBLY FLOOR: 74-0, 4/21/25 - See last page for vote
SUBJECT: Nonminor dependents: county of residence
SOURCE: Children's Legal Services of San Diego, Children’s Advocacy Institute
DIGEST:
This bill revises the residency requirements placed upon foster youth who are participating in the extended foster care program by creating a clear set of guidelines for the court to determine when a change of jurisdiction would be in the best interest of the nonminor dependent.
ANALYSIS:
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 of abuse and neglect or who have been abused or neglected, as specified. (Welfare and Institutions Code (WIC) 202)
- Establishes a system of juvenile dependency for children for specified reasons, and designates that a child who meets certain criteria is within the jurisdiction of the juvenile court and may be adjudged as a dependent child of the court, as specified. (WIC 300 et seq.)
- Requires the status of every minor or nonminor dependent in foster care to be reviewed by the court at least once every six months, as specified. (WIC 366)
- Defines “nonminor dependent” as a current or former foster youth who is a current dependent child or ward of the juvenile court, or who is a nonminor under transition jurisdiction of the juvenile court, 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))
- 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. (WIC 303(c))
- Requires the juvenile court, in making the findings regarding continuing dependency jurisdiction of a nonminor, to ensure the nonminor has been informed of their options, including the benefits of remaining in foster care and rights to re-enter foster care, and has had an opportunity to confer with their counsel if counsel has been appointed, as specified. (WIC 391(c))
- Provides that for youth exiting from care, at 18 or 21 years of age, a case worker, other appropriate agency staff, or probation officer and other representatives of the participant, as appropriate, shall provide the youth or nonminor dependent with assistance and support in developing the written 90-day transition exit plan, that is personalized at the direction of the child or nonminor dependent, as provided. When appropriate, this plan must follow the youth’s transitional independent living plan that was developed to prepare the youth for the transition from foster care. (WIC 16501.1(g)(16))
This Bill:
- Requires the court, at the last review hearing before a foster youth turns 18, and at every subsequent review hearing, to inquire whether the nonminor dependent wants to transfer jurisdiction to a new county.
- Allows the nonminor dependent’s residency to be changed to another county if the court finds the nonminor dependent meets either of the following:
- The nonminor dependent had a continuous physical presence in the county for one year, is in a planned permanent living arrangement, and has expressed their intent to remain in that county; or,
- The nonminor dependent requests the transfer of jurisdiction to a new county and the court finds that the transfer is in the best interest of the nonminor dependent. In making its determination the court shall consider all relevant information, including, but not limited to, all of the following:
- Whether the transfer would enhance the nonminor dependent’s access to services.
- The position of the social worker and, if applicable, the probation officer.
- Whether the nonminor dependent would qualify as a resident of the new county, as specified.
- Whether the nonminor dependent has established significant connections to the new county through employment or independent contracting, through enrollment in an educational or vocational program, through obtaining housing, or through establishing family or other supportive connections in the new county, including relationships that provide emotional or social support to the nonminor dependent, such as relationships with family members, mentors, close friends, or community ties, such as being a member of a religious congregation or nonprofit organization.
- Whether the nonminor dependent is involved in a separate dependency case as a parent in the new county.
- Requires the court to issue the order for transfer within 30 calendar days of the nonminor dependent’s request and provides that the new county shall be deemed to have jurisdiction over the nonminor dependent within 10 calendar days of the issuance of the order.
Comments
According to the author. “Foster youth enrolled in the extended foster care program are actively working on securing their independence as young adults. For many, that independence means moving to a new place for college, a job, or to maintain personal connections. Whatever the reason, it is vital we remove barriers to allow these youth who have experienced the trauma of being removed from their home due to abuse and neglect, maximum flexibility to live anywhere in the state they desire, and to be provided with the services and supports to which they are entitled. By offering dependency judges discretion to act at the request of and in the best interests of nonminor dependents who have moved counties, and reducing bureaucratic delays, this bill will dramatically improve the ability of judges and counties, and, by extension, all of us, to provide essential services to these youth who are just starting out in life and are relying on us not to make it any harder.”
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. Extended foster care was created in 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 meet one of the following participation criteria: enrolled in high school or a high school equivalency credential; enrolled in college, community college, or vocational education; employed for at least 80 hours per month; participating in other qualifying activities or programs designed to remove barriers to employment; or medically exempt from meeting any of the other participation criteria.
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. At the six month hearing prior to a youth turning 18 years old, the youth’s social worker or probation officer must submit a transitional living plan to ensure that the youth will meet at least one participation criteria, listed above, if the youth plans to participate in extended foster care. The youth must also sign an agreement to remain in foster care within six months of turning 18, reside in an eligible placement, and agree to work with their social worker to meet the goals of their transitional living plan. Additionally, existing law allows qualifying nonminors who are former foster youth under the age of 21 to petition the court for re-entry into foster care to participate in extended foster care, as provided.
The University of Chicago’s Chapin Hall conducted the California Youth Transitions to Adulthood Study (CalYOUTH) in 2018. This study evaluated the impacts of extended foster care on outcomes for transition age foster youth. The following were among the findings of the CalYOUTH study for each additional year a youth spent in extended foster care: increased the probability that they completed a high school credential by about eight percent; increased their expected probability of enrolling in college by 10 to 11 percent; decreased the odds that they became pregnant or impregnated an individual between the ages of 17 and 21 by 28 percent; and decreased the odds of being homeless or couch-surfing between the ages of 17 and 21 by about 28 percent.
Youth participation in the extended foster care program has exceeded initial expectations. Between July 2010 and July 2014, the number of youth age 18-20 in extended foster care in California increased by 211 percent, from 2,908 to 9,032, according to data compiled by UC Berkeley. As of January 1, 2025, there were over 6,800 youth ages 18-21 in foster care in California.
Under existing law, if a nonminor dependent moves to another county, they must live in that new county for one year before their case can be transferred to the new county. The nonminor dependent must also intend to remain in that new county. There are status review hearings every six months for nonminor dependents, meaning if a nonminor dependent moved from San Francisco to San Diego, they would have to travel back and forth for a year before the court could transfer their case to the new county. This bill attempts to address this issue by providing clear guidelines as to when the court should transfer the jurisdiction of the case and timelines by which the case is to be transferred after such an order.
Related/Prior Legislation
AB 494 (Davies, 2025) would authorize the residence of a nonminor dependent to be changed to another county where they are living if the nonminor dependent requests the transfer of jurisdiction to the new county and demonstrates an intent to remain in the new county by establishing a significant connection to the new county, as specified. The bill would require a court issuing an order to transfer the case pursuant to this new authority to issue the order within 30 calendar days of the nonminor dependent’s request, and deems the new county to have jurisdiction over the nonminor dependent within 10 calendar days of an issuance of an order to transfer. AB 494 did not move and instead the author became a co-author to AB 890.
AB 1712 (Beall, Chapter 846, Statutes of 2012) enacted numerous technical, clarifying, and federal conformity changes to the California Fostering Connections to Success Act of 2010, including allowing the county of residence to assume the supervision of the nonminor dependent after twelve months of continuous residence.
AB 12 (Beall and Bass, Chapter 559, Statutes of 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 the Kinship Guardianship Assistance Program (Kin-GAP).
FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No
According to the Senate Appropriations Committee analysis:
- The California Department of Social Services (CDSS) estimates costs of $937,000 ($907,000 General Fund and $30,000 federal funds) in 2026-27 and $112,000 ($82,000 General Fund and $30,000 federal funds) ongoing thereafter, which reflects increased workload for county workers and a one-time cost of $825,000 for adding new data fields to the current automation system.
- Unknown, potential ongoing costs to courts for increased workload (Trial Court Trust Fund, General Fund). Although courts are not funded on the basis of workload, increased pressure on staff time and resources may create a need for increased funding for courts from the General Fund to perform existing duties.
SUPPORT: (Verified 08/28/25)
Children's Legal Services of San Diego, Children’s Advocacy Institute (Source)
Aspiranet
California Youth Connection
Center for Public Interest Law
Children's Advocacy Institute at the University of San Diego
Children's Legal Services of San Diego
County Welfare Directors Association
Dependency Legal Services
First Place for Youth
John Burton Advocates for Youth
Justice2jobs Coalition
San Diego Youth Services
OPPOSITION: (Verified 08/28/25)
None received
ASSEMBLY FLOOR: 74-0, 4/21/25
AYES: Addis, Aguiar-Curry, Ahrens, Alanis, Alvarez, Arambula, Ávila Farías, Bains, Bauer-Kahan, Bennett, Berman, Boerner, Bonta, Bryan, Calderon, Caloza, Carrillo, Castillo, Chen, Connolly, Davies, DeMaio, Dixon, Elhawary, Ellis, Flora, Fong, Gabriel, Garcia, Gipson, Jeff Gonzalez, Mark González, Hadwick, Haney, Harabedian, Hart, Hoover, Irwin, Jackson, Kalra, Krell, Lackey, Lee, Lowenthal, Macedo, McKinnor, Muratsuchi, Nguyen, Ortega, Pacheco, Patel, Patterson, Pellerin, Petrie-Norris, Quirk-Silva, Ransom, Celeste Rodriguez, Michelle Rodriguez, Rogers, Blanca Rubio, Sanchez, Schiavo, Schultz, Solache, Soria, Stefani, Ta, Tangipa, Wallis, Ward, Wicks, Wilson, Zbur, Rivas
NO VOTE RECORDED: Gallagher, Papan, Ramos, Sharp-Collins, Valencia
Prepared by: Heather Hopkins / HUMAN S. / (916) 651-1524
8/29/25 20:41:29
**** END ****
SENATE COMMITTEE ON
Senator Anna Caballero, Chair
2025 - 2026 Regular Session
AB 890 (Lee) - Nonminor dependents: county of residence
Version: | Policy Vote: |
Urgency: | Mandate: |
Hearing Date: | Consultant: |
Bill Summary:
AB 890 would revise the residency requirements placed upon nonminor dependents (NMDs), as specified.
Fiscal Impact:
- The California Department of Social Services (CDSS) estimates costs of $937,000 ($907,000 General Fund and $30,000 federal funds) in 2026-27 and $112,000 ($82,000 General Fund and $30,000 federal funds) ongoing thereafter, which reflects increased workload for county workers and a one-time cost of $825,000 for adding new data fields to the current automation system.
- Unknown, potential ongoing costs to courts for increased workload (Trial Court Trust Fund, General Fund). Although courts are not funded on the basis of workload, increased pressure on staff time and resources may create a need for increased funding for courts from the General Fund to perform existing duties.
Background:
Current law permits a youth to remain in extended foster care from the age of 18 until they reach 21 years of age; these young adults are known as “NMDs.” Current law provides that the residence of an NMD is determined by the following rules:
- The NMD’s county of residence will initially be dictated by their county of residence when they were a minor subject to the jurisdiction of the juvenile court, as specified.
- If an NMD under the dependency jurisdiction or transition jurisdiction of the juvenile court is placed in a planned permanent living arrangement, as defined, the county in which the NMD is living may be deemed the county of residence, if and when the NMD has had a continuous physical presence in the county for one year as an NMD and the NMD expresses their intent to remain in that county.
- If the NMD’s dependency jurisdiction has been resumed, or transition jurisdiction assumed or resumed by the juvenile court that retained jurisdiction, as specified, pursuant to a petition to resume jurisdiction, the county in which the NMD is living at the time the petition was filed may be deemed the county of residence, if and when the NMD establishes that they have had a continuous physical presence in the county for one year and has expressed their intent to remain in that county.
Since the NMD must have lived in the county for a full year before jurisdiction can be transferred, this means that when the NMD moves to another county, the NMD must return to their former county of residence for hearings (or appear remotely) while they wait out the one-year residency period.
Proposed Law:
Specific provisions of the bill would:
- Require a court to consider whether an NMD requests the transfer of jurisdiction to a new county in all of the following circumstances:
- At an NMD’s regular review hearings.
- For an NMD whose case plan is continued court-ordered family reunification services, as specified, when the court determines that the NMD cannot safely reside in the home of the parent or guardian.
- For an NMD who is no longer receiving reunification services and is in a permanent plan of another planned permanent living arrangement, at the review hearing held every six months, as part of the inquiry relating to the progress being made to provide permanent connections with caring, committed adults.
- Provide that the residence of the NMD may also be changed to another county if the court finds that the NMD requests the transfer of jurisdiction to a new county and the court finds that the transfer is in the best interest of the NMD; and require that a court issuing an order to transfer the case pursuant to this provision must issue the order within 30 calendar days of the NMD’s request.
- Require a court, when determining whether a transfer of jurisdiction to a new county is in the best interest of the NMD, to consider all relevant information, including, but not limited to, all of the following:
- Whether the transfer would enhance the NMD’s access to services.
- The position of the social worker and, if applicable, the probation officer.
- Whether the NMD would qualify as a resident of the new county, as specified.
- Whether the NMD has established significant connections to the new county through employment or independent contracting, through enrollment in an educational or vocational program, through obtaining housing, or through establishing family or other supportive connections in the new county, including relationships that provide emotional or social support to the NMD, such as relationships with family members, mentors, close friends, or community ties, such as being a member of a religious congregation or a nonprofit organization.
- Whether the NMD is involved in a separate dependency case as a parent in the new county.
- Require that if the court issues an order to transfer the case, the new county must be deemed to have jurisdiction over the NMD within 10 calendar days of the issuance of the order.
-- END --
Senator Thomas Umberg, Chair
2025-2026 Regular Session
Bill No: AB 890 (Author:Lee)
Version: July 3, 2025
Hearing Date: July 15, 2025
Fiscal: No
Urgency: No
Consultant: AWM
SUBJECT
Nonminor dependents: county of residence
DIGEST
This bill revises the residency requirements placed upon nonminor dependents (NMDs), who are youth aged 18 to 21 years of age who are participating in the extended foster care program, by creating a clear set of guidelines for the court to determine when a change of jurisdiction would be in the best interest of the NMD.
EXECUTIVE SUMMARY
Current law permits a youth to remain in extended foster care from the age of 18 until they reach 21 years of age; these young adults are known as “NMDs.” As a legal adult, an NMD generally retains the legal authority to make their own decisions. Nevertheless, while an NMD may make the decision to move to another county, current law places a high bar on when an NMD can have their case transferred to the court in their new county of residence: the NMD must have lived in the new county for a full year. This delay can create significant barriers for the NMD, including restricting their access to supports and services that will help them gain independence.
This bill is intended to resolve the problem of the one-year residency requirement for NMDs who are fully situated in a new county prior to the pendency of one year. To accomplish this, the bill retains the option to transfer jurisdiction after one year, but also gives the NMD the right to request an earlier transfer of jurisdiction. The bill requires the court to grant the request if it determines that the transfer is in the best interest of the NMD; to make this determination, the bill requires the court to consider all relevant information, including information relating to the NMD’s connections and stability in the new county.
This bill is sponsored by the Children’s Advocacy Institute and is supported by California Youth Connection, Children’s Legal Services of San Diego, the County Welfare Directors Association of California, Dependency Legal Services, First Place for Youth, John Burton Advocates for Youth , San Diego Youth Services, and two individuals. The Committee has not received timely opposition to this bill. The Senate Human Services Committee passed this bill with a vote of 5-0.
PROPOSED CHANGES TO THE LAW
Existing law:
- Establishes the juvenile court, which is intended to provide for the protection and safety of the public and minors falling under its jurisdiction. (Welf. & Inst. Code, §§ 202, 245.)
- Establishes that the juvenile court has jurisdiction over:
- A child who is subject to abuse or neglect. (Welf. & Inst. Code, § 300.)
- A child, when that child has committed acts that trigger delinquency jurisdiction rendering the child a ward. (Welf. & Inst. Code, §§ 601, 602.)
- Any NMD, between the age of majority and 21 years, under specified conditions. An NMD under the jurisdiction of the juvenile court retains their legal decision-making authority as an adult, except as specified. (Welf. & Inst. Code, §§ 303, 388(e).)
- Defines “nonminor dependent” for purposes of 2)(c) as a current foster youth or a nonminor under the transition jurisdiction of the court who is between 18 and 21 years old, turned 18 years old while under an order of foster care placement, is in foster care under the responsibility of the county welfare department, county probation department, or Indian Tribe, and is participating in a transitional independent living plan, as specified. (Welf. & Inst. Code, § 11400(v).)
- Provides that the residence of an NMD shall be determined by the following rules:
- The NMD’s county of residence will initially be dictated by their county of residence when they were a minor subject to the jurisdiction of the juvenile court, as specified.
- If an NMD under the dependency jurisdiction or transition jurisdiction of the juvenile court is placed in a planned permanent living arrangement, as defined, the county in which the NMD is living may be deemed the county of residence, if and when the NMD has had a continuous physical presence in the county for one year as an NMD and the NMD expresses their intent to remain in that county.
- If the NMD’s dependency jurisdiction has been resumed, or transition jurisdiction assumed or resumed by the juvenile court that retained jurisdiction, as specified, pursuant to a petition to resume jurisdiction, the county in which the NMD is living at the time the petition was filed may be deemed the county of residence, if and when the NMD establishes that they have had a continuous physical presence in the county for one year and has expressed their intent to remain in that county; the period of continuous physical residence shall include any period of continuous residence in the county immediately prior to the filing of the petition. (Welf. & Inst. Code, §§ 17.1, 375.)
- Requires the juvenile court to review the status of every NMD at least every six months, as specified. (Welf. & Inst. Code, § 366.)
- Requires the reviews conducted under 5) to be conducted in a manner that respects the NMD’s status as a legal adult, focused on the goals and services described in their transitional independent living case plan, as specified. (Welf. & Inst. Code, § 366.31(c)-(e).)
- Provides that, whenever a minor under the dependency jurisdiction or transition jurisdiction of the juvenile court attains 18 years of age and remains under the court’s jurisdiction as an NMD, the residence of the NMD may be changed to another county if the court finds that the NMD meets the conditions of 4)(b), above; the entire case may be transferred to the juvenile court of the county where the NMD then resides, and the juvenile court of the county where the NMD then resides shall take jurisdiction of the case upon the receipt and filing of the court’s finding and an order transferring the case. (Welf. & Inst. Code, § 375(b)(1).)
- Provides that, whenever a petition to resume jurisdiction over an NMD is granted, the residence of the NMD may be changed to another county if the NMD meets the conditions of 4)(c); the entire case may be transferred to the juvenile court of the county where the NMD resides at any time after the court resumed dependency or transition jurisdiction, and the juvenile court of the county where the NMD then resides shall take jurisdiction of the case upon the receipt and filing of the findings of facts upon which the court exercised its jurisdiction over the NMD and the order transferring the case. (Welf. & Inst. Code, § 375(b)(2).)
- Requires a juvenile court that receives an order of transfer from another county to place the transfer order on the calendar of the court; the order shall have precedence over all actions and civil proceedings not specifically given precedence by other provisions of law and shall be heard by the court at the earliest possible moment following the filing of the order. (Welf. & Inst. Code, § 378.)
This bill:
- Requires a court to consider whether an NMD requests the transfer of jurisdiction to a new county in all of the following circumstances:
- At an NMD’s regular review hearings.
- For an NMD whose case plan is continued court-ordered family reunification services, as specified, when the court determines that the NMD cannot safely reside in the home of the parent or guardian.
- For an NMD who is no longer receiving reunification services and is in a permanent plan of another planned permanent living arrangement, at the review hearing held every six months, as part of the inquiry relating to the progress being made to provide permanent connections with caring, committed adults.
- Provides that, whenever a minor under the dependency jurisdiction or transition jurisdiction of the juvenile court attains 18 years of age and remains under the court’s jurisdiction as an NMD, the residence of the NMD may be changed to another county if the court finds that the NMD meets either of the following conditions:
- The NMD is placed in a planned living arrangement, as defined, and the NMD has had a continuous physical presence in the county for one year as an NMD and expressed their intent to remain in that county.
- The NMD requests the transfer of jurisdiction to a new county and the court finds that the transfer is in the best interest of the NMD.
- Requires a court, when determining whether a transfer of jurisdiction to a new county is in the best interest of the NMD pursuant to 2)(b), to consider all of the following:
- Whether the transfer would enhance the NMD’s access to services.
- The position of the social worker and, if applicable, the probation officer.
- Whether the NMD would qualify as a resident of the new county, as specified.
- Whether the NMD has established significant connections to the new county through employment or independent contracting, through enrollment in an educational or vocational program, through obtaining housing, or through establishing family or other supportive connections in the new county, including relationships that provide emotional or social support to the NMD, such as relationships with family members, mentors, close friends, or community ties, such as being a member of a religious congregation or a nonprofit organization.
- Whether the nonminor dependent is involved in a separate dependency case as a parent in the new county.
- Provides that the court may order an NMD’s case transferred to the juvenile court of the county in which the NMD then resides, pursuant to 2), at any time after the court has made a finding of the facts upon which the court has exercised its jurisdiction over the NMD or at a regularly scheduled review hearing.
- A court issuing an order to transfer the case pursuant to 2)(b) shall issue the order within 30 calendar days of the NMD’s request.
- If the court issues an order to transfer the case, the new county shall be deemed to have jurisdiction over the NMD within 10 calendar days of the issuance of the order.
COMMENTS
- Author’s comment
According to the author:
Foster youth enrolled in the extended foster care program are actively working on securing their independence as young adults. For many, that independence means moving to a new place for college, a job, or to maintain personal connections. Whatever the reason, it is vital we remove barriers to allow these youth who have experienced the trauma of being removed from their home due to abuse and neglect, maximum flexibility to live anywhere in the state they desire, and to be provided with the services and supports to which they are entitled. By offering dependency judges discretion to act at the request of and in the best interests of NMDs who have moved counties, and reducing bureaucratic delays, this bill will dramatically improve the ability of judges and counties, and, by extension, all of us, to provide essential services to these youth who are just starting out in life and are relying on us not to make it any harder.
2. Overview of the dependency system
The overarching goal of dependency proceedings is to safeguard the welfare of California’s children.[1] Welfare and Institutions Code section 300 sets forth the circumstances that can bring a child within the jurisdiction of the juvenile dependency court. “ ‘Although the harm or risk of harm to the child [for jurisdictional purposes] must generally be the result of an act, omission or inability of one of the parents or guardians, the central focus of dependency jurisdiction is clearly on the child rather than the parent.’ ”[2]
When a child is found to be under the jurisdiction of the juvenile court, the child is deemed a dependent of that court and the court may begin proceedings to remove the child from the custody of their parent(s); if, after a series of hearings, a parent is found to be unfit, the court can terminate the parent’s parental rights.[3] The overarching inquiry is whether the child would suffer, or is likely to suffer, harm if they remain with their parent.
3. Overview of extended foster care and NMDs
In October 2008, the federal government enacted the Fostering Connections to Success and Increasing Adoptions Act,[4] which, among other things, offered additional funding to states that opted to extend foster care services to youths between 18 and 21 years of age. Two years later, the Legislature enacted the California Fostering Connections to Success Act (the Act),[5] which authorized the juvenile courts to exercise jurisdiction over, and extend foster care benefits to, persons between 18 to 21 years of age who are eligible for specified public assistance and for whom one or more of the following conditions exist:
- The nonminor is working toward their 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.[6]
In the years after the Act’s passage, the Legislature passed several additional measures to refine, and close gaps in, the laws governing foster care for youths between 18 and 21 years of age.[7] These dependents are known as “nonminor dependents,” or NMDs,[8] and the system of supports provided to them is known as “extended foster care.” As of April 1, 2025, there were 38,894 minors and NMDs in foster care in California, 6,801 of whom were NMDs.[9]
4. The interplay between an NMD’s residence and the county court with jurisdiction over the case
Current law does not require an NMD to get the juvenile court’s permission before moving to a different county. Current law does, however, restrict when the juvenile court can transfer its jurisdiction over the NMD to the juvenile court in the county in which the NMD resides: the NMD must have lived in the county for a full year before jurisdiction can be transferred.[10] This means that the NMD must return to their former county of residence for hearings (or appear remotely) while they wait out the one-year residency period. The bill’s supporters also report that the residency period can prevent NMDs from obtaining supports and services in the new county of residence. For example, Dependency Legal Services states:
When a youth is living away from their supervising county, access to critical resources and supports—including housing, education, and mental health services—can be delayed or denied. The county of jurisdiction likely lacks knowledge of or strong connections with resources available in the county where the youth resides, hampering the NMD’s ability to access vital services and ensure housing stability in a timely manner.
5. This bill permits a court to transfer jurisdiction of an NMD’s case to their county of good residence if they determine it is the NMD’s best interest, as specified
This bill is intended to resolve the problem of the one-year residency requirement for NMDs who are fully situated in a new county prior to the pendency of one year. To accomplish this, the bill retains the option to transfer jurisdiction after one year, but also gives the NMD the right to request an earlier transfer of jurisdiction. The court shall grant the request if it determines that the transfer is in the best interest of the NMD; to make this determination, the bill requires the court to consider all relevant information, including:
- Whether the transfer would enhance the NMD’s access to services.
- The social worker’s position on the transfer, and, if applicable, the probation officer’s position.
- Whether the NMD would qualify as a resident of the new county under specified state laws.
- Whether the NMD has established significant connections to the new county through a variety of means, including employment, enrolling in vocational or educational courses, obtaining housing, or family or other supportive ties.
- Whether the NMD is involved in a separate dependency case as a parent in the new county.
The enumerated factors should provide guidance to the courts with respect to what sort of connections to a new county warrant transferring an NMD’s case before the NMD has lived in the county for a full year. The bill also establishes timelines to ensure that the NMD is not unduly delayed in a case transfer under this new prong: the court must issue its order to transfer the case within 30 days of the request, and the county court to which the case is transferred is deemed to have jurisdiction over the case within 10 calendar days of the issuance of the order.
SUPPORT
Children’s Advocacy Institute (sponsor)
Aspiranet
California Youth Connection
Children’s Legal Services of San Diego
County Welfare Directors Association of California
Dependency Legal Services
First Place for Youth
John Burton Advocates for Youth
San Diego Youth Services
Two individuals
OPPOSITION
None received
RELATED LEGISLATION
Pending legislation: AB 494 (Davies, 2025) permits the juvenile court to change an NMD’s county of residence, upon request of the NMD, when the NMD demonstrates an intent to establish a significant connection to the new county, as specified. AB 494 is pending before the Assembly Human Services Committee.
Prior legislation: None known.
PRIOR VOTES:
Senate Human Services Committee (Ayes 5, Noes 0)
Assembly Floor (Ayes 74, Noes 0)
Assembly Human Services Committee (Ayes 6, Noes 0)
**************
In re Josiah Z. (2005) 36 Cal.4th 664, 673. ↑
In re R.T. (2017) 3 Cal.5th 622, 626. ↑
See id., §§ 360, 361.3, 366.26. ↑
P.L. 110-351 (2008). ↑
AB 12 (Beall, Ch. 559, Stats. 2010). ↑
Welf. & Inst. Code § 11403. ↑
See AB 212 (Beall, Ch. 459, Stats. 2011), AB 1712 (Beall, Ch. 846, Stats. 2012), AB 787 (Stone, Ch. 487, Stats. 2013), AB 2454 (Quirk-Silva, Ch. 769, Stats. 2014), AB 2337 (Gipson, Ch. 539, Stats. 2018), AB 748 (Gipson, Ch. 682, Stats. 2019). ↑
See Welf. & Inst. Code, § 11400(v). ↑
California Child Welfare Indicators Project, University of California at Berkeley, Report: Children in Foster Care, CWS/CMS 2025 Quarter 1 Extract (Jul. 10, 2025), available at https://ccwip.berkeley.edu/childwelfare/reports/PIT/MTSG/r/ab636/l (link current as of July 10, 2025). ↑
Welf. & Inst. Code, § 375(b).) ↑
ASSEMBLY THIRD READING
ATR Bill Id:AB 890
Author:(Lee)
As Amended Ver:March 28, 2025
Majority vote
SUMMARY
Revises residency requirements placed upon foster youth who are participating in the extended foster care program.
Major Provisions
- Reduces the amount of time the county in which a nonminor dependent's (NMD) residence shall be deemed the county of residence from, requiring a physical presence in the county for one year, to six months.
- Requires the court, at the last review hearing before a foster youth attains 18 years of age, and at every subsequent review hearing for the NMD, to inquire whether the NMD requests the transfer of jurisdiction to a new county.
- Requires the court, for an NMD whose case plan is continued court-ordered family reunification services, to consider whether the NMD requests the transfer of jurisdiction to a new county.
- Requires the reviewing body at the review hearing held every six months for an NMD who is no longer receiving court-ordered family reunifications services and is in a permanent plan of another planned permanent living arrangement, to inquire about whether the NMD requests the transfer of jurisdiction to a new county.
- Permits, whenever a minor under the dependency jurisdiction, or transition jurisdiction of the juvenile court, attains 18 years of age and remains under the court's jurisdiction as an NMD, the residence of the NMD to be changed to another county if the court finds that the NMD meets either of the following conditions:
- The NMD had a continuous physical presence in the county for six months, is in a planned permanent living arrangement, and has expressed their intent to remain in that county; or,
- The NMD requests the transfer of jurisdiction to a new county and demonstrates an intent to remain in the new county by establishing a significant connection to the new county, which may include, but is not limited to, any of the following
- Employment in the new county;
- Enrollment in an educational or vocational program in the new county;
- Housing in the new county, as evidenced by a rental or lease agreement, housing assistance approval, Supervised Independent Living Placement Approval and Placement Agreement form, a documented agreement for housing with a private party or transitional housing program in the new county, verification of housing through a transitional housing program, or supervised independent living placement approval by a social worker; or,
- Family or other supportive connections in the new county. For purposes of this section, "supportive connections" means relationships that provide emotional or social support to the NMD, including, but not limited to, family members, mentors, close friends, or community ties.
- Permits, pursuant to 5) above, the entire case to be ordered to be transferred to the juvenile court of the county where the NMD then resides, at a regularly scheduled review hearing.
- Requires a court issuing an order to transfer the case to issue the order within 60 calendar days of the NMD's request and for the new county to be deemed to have jurisdiction over the NMD within 20 calendar days of the issuance of the order.
COMMENTS
Extended Foster Care. AB 12 (Beall), Chapter 559, Statutes of 2010, established the extended foster care program which allows foster youth to stay in foster care after they reach 18 years of age, until their 21st birthday. Extended foster care is a benefit available to eligible youth to assist them to achieve self-sufficiency and includes educational opportunities, employment trainings, and supervised independent living environments. For a foster youth to be eligible for extended foster care, they must continue to be under the responsibility of the county welfare department, county probation department, or Indian tribe, participate in a Transitional Independent Living Plan (TILP), be enrolled in either postsecondary or vocational educational program, or in an activity designed to promote, or remove barriers to employment, or be employed for at least 80 hours a month, unless they are unable due to a medical condition. When an NMD ages out of extended foster care at 21 years of age, state law provides for various exit requirements to ensure the youth are provided with all the necessary information to thrive in their transition to adulthood.
Participants in extended foster care retain their rights as adults but remain under the jurisdiction of the court, and the care and responsibility of the county. As young adults, NMDs must be included in any placement decisions. Despite challenges that may arise when working with an NMD to meet their individual needs, the county must offer the NMD a safe and suitable placement that is immediately available to the NMD and remains responsible for ensuring that NMDs have access to a safe and suitable placement at all times.
While in extended foster care, NMDs are required to attend review hearings at least every six months in order for the court to assess the status and progress of the youth. At the review hearings, the court reviews various reports, including the TILP which outlines the youth's goals and progress toward independence. At these review hearings, the court also evaluates the NMD's living situation, educational or employment status, and any barriers to achieving self-sufficiency.
If a youth happens to move into a different county while participating in the extended foster care program, they are required to travel back to their county of origin to attend these review hearings, which can create additional barriers to a youth who has moved a long distance.
For any NMD residing out of county, their efforts to access resources could be affected by the county of jurisdiction's lack of knowledge or strong connections with the resources available in the county where the youth resides. Caseworkers from the jurisdictional county could also find it difficult to provide consistent and thorough oversight when the NMD is living far away. This geographical distance can lead to delays in identifying needed services and addressing housing instability.
This bill would provide NMDs who move to a different county with additional avenues to petition the court to transfer their cases in addition to reducing the amount of time needed to establish residency.
Lack of Flexibility. Currently, if an NMD moves out of the county where they first entered into care, they either have to travel back to their county of origin to attend review hearings or they are required to petition the court to have their case transferred to the new county after living there continuously for one year.
According to a 2024 report entitled Documenting Out-of-County Residences for Young Adults in Foster Care (School of Social Welfare, University of California, Berkeley) approximately 37.1% of NMDs have experienced at least one out-of-county residence during their time in extended foster care—a rate that has increased in recent years. However, the study notes that the corresponding changes in supervising counties is rare: only 3.7% of all young people in any out-of-county residence had a documented change in their supervising county.
Counties having jurisdiction of the NMD are required to remain the county of payment regardless of the youth's physical residence. Counties are permitted to develop courtesy supervision agreements to provide case management and independent living services by the county of residence pursuant to the NMD's TILP, however, because Supervised Independent Living Placement (SILP) payments that some participants in extended foster care receive are dependent upon the cost of living in the county where their case was initiated, these foster youth could encounter considerable obstacles securing stable housing, particularly if the new county has a higher cost of living.
The current residency requirement mandates NMDs to reside continuously in a new county for 12 months before transferring jurisdiction. The maximum length of time an NMD can spend in extended foster care is 36 months. This policy causes significant delays in accessing vital services and housing. Attorneys, advocates, and former foster youth identify the following challenges:
- Supervising social workers and attorneys from the county of jurisdiction often lack knowledge of and connections to resources and services in the NMD's county of residence.
- Delays in SILP approvals exacerbate housing instability for NMDs seeking independence.
- Housing programs in many counties prioritize local residents, leaving NMDs from other counties at a disadvantage when seeking stable housing options.
- Youth unable to secure timely services and housing face increased risks of homelessness, employment disruption, educational disruption, and other detrimental outcomes.
Just in Time for Foster Youth, a nonprofit organization in San Diego that has served thousands of NMDs, confirms that many youth contact them after experiencing significant difficulty accessing resources and assistance—including housing—because they do not meet local residency requirements. Advocates also report that youth with local cases are prioritized over out-of-county youth.
The current one-size-fits-all residency requirement does not capture the many reasons why an NMD may choose to reside in a county apart from their supervising county. Like any other young adult, NMDs may find education and employment opportunities available in new locations. However, the residency requirement can make it difficult or even impossible to take advantage of these opportunities and obtain the services they need and are legally entitled to.
This bill would also allow the additional flexibility of having the court proactively inquire at the regularly scheduled review hearings every six months whether the NMD requests the transfer of jurisdiction to a new county, instead of requiring the youth to seek out the petition on their own after living in the new county for a year.
Equity Implications: Nearly one-third of California's foster youth reported being homeless at least once between 17 and 21 years of age. The state has a unique obligation to ensure these youth have access to secure, permanent housing. Through no fault of their own, these children were removed them from their home and it is imperative that barriers to their safety, security and independence are removed. This bill's provisions seek to streamline existing requirements that have made it more difficult for foster youth who are gaining independence to move to a different county and receive services, without having to wait an entire year.
According to the Author
"Foster youth enrolled in the extended foster care program are actively working on securing their independence as young adults. For many, that independence means moving to a new place for college, a job, or to maintain personal connections. Whatever the reason, it is vital we remove barriers to allow these youth who have experienced the trauma of being removed from their home due to abuse and neglect, maximum flexibility to live anywhere in the state they desire, and to be provided with the services and supports to which they are entitled. By offering dependency judges discretion to act at the request of and in the best interests of NMDs who have moved counties, and reducing bureaucratic delays, this bill will dramatically improve the ability of judges and counties, and, by extension, all of us, to provide essential services to these youth who are just starting out in life and are relying on us not to make it any harder."
Arguments in Support
According to the Children's Advocacy Institute at the University of San Diego School of Law (CAI), a co-sponsor, "Former foster youth already face a significantly high risk of experiencing homelessness. Nationally, between one-quarter and one-third of young adults experiencing homelessness have a history of foster care. Former foster youth in California fare no better; nearly one-third (30.9%) of our state's foster youth reported being homeless at least once between ages 17 and 21. These are youth who were removed from their families through no fault of their own and raised by a government system that failed to secure a permanent, supportive, and loving family for them between ages 17 and 21. These shameful statistics underscore the urgency of addressing systemic gaps in service delivery and support."
Arguments in Opposition
None on file.
FISCAL COMMENTS
This bill was keyed non-fiscal by the Legislative Counsel.
VOTES
ASM HUMAN SERVICES: 6-0-0
YES: Lee, Castillo, Calderon, Elhawary, Jackson, Celeste Rodriguez
UPDATED
VERSION: March 28, 2025
CONSULTANT: Jessica Langtry / HUM. S. / (916) 319-2089 FN: 0000218
Date of Hearing: April 8, 2025
ASSEMBLY COMMITTEE ON HUMAN SERVICES
Alex Lee, Chair
ABPCA Bill Id:AB 890 (
Author:Lee) – As Amended Ver:March 28, 2025
SUBJECT: Nonminor dependents: county of residence
SUMMARY: Revises residency requirements placed upon foster youth who are participating in the extended foster care program. Specifically, this bill:
- Reduces the amount of time the county in which a nonminor dependent’s (NMD) residence shall be deemed the county of residence from, requiring a physical presence in the county for one year, to six months.
- Requires the court, at the last review hearing before a foster youth attains 18 years of age, and at every subsequent review hearing for the NMD, to inquire whether the NMD requests the transfer of jurisdiction to a new county.
- Requires the court, for an NMD whose case plan is continued court-ordered family reunification services, to consider whether the NMD requests the transfer of jurisdiction to a new county.
- Requires the reviewing body at the review hearing held every six months for an NMD who is no longer receiving court-ordered family reunifications services and is in a permanent plan of another planned permanent living arrangement, to inquire about whether the NMD requests the transfer of jurisdiction to a new county.
- Permits, whenever a minor under the dependency jurisdiction, or transition jurisdiction of the juvenile court, attains 18 years of age and remains under the court’s jurisdiction as an NMD, the residence of the NMD to be changed to another county if the court finds that the NMD meets either of the following conditions:
- The NMD had a continuous physical presence in the county for six months, is in a planned permanent living arrangement, and has expressed their intent to remain in that county; or,
- The NMD requests the transfer of jurisdiction to a new county and demonstrates an intent to remain in the new county by establishing a significant connection to the new county, which may include, but is not limited to, any of the following:
- Employment in the new county;
- Enrollment in an educational or vocational program in the new county;
- Housing in the new county, as evidenced by a rental or lease agreement, housing assistance approval, Supervised Independent Living Placement Approval and Placement Agreement form, a documented agreement for housing with a private party or transitional housing program in the new county, verification of housing through a transitional housing program, or supervised independent living placement approval by a social worker; or,
- Family or other supportive connections in the new county. For purposes of this section, “supportive connections” means relationships that provide emotional or social support to the NMD, including, but not limited to, family members, mentors, close friends, or community ties.
- Permits, pursuant to 5) above, the entire case to be ordered to be transferred to the juvenile court of the county where the NMD then resides, at a regularly scheduled review hearing.
- Requires a court issuing an order to transfer the case to issue the order within 60 calendar days of the NMD’s request and for the new county to be deemed to have jurisdiction over the NMD within 20 calendar days of the issuance of the order.
EXISTING LAW:
- Defines a “nonminor dependent” 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 satisfies all of the following criteria:
- The NMD has attained 18 years of age while under an order of foster care placement by the juvenile court, and is not more than 21 years of age;
- The NMD 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; and,
- The NMD has a transitional independent living case plan. (Welfare and Institutions Code [WIC] § 11400(v))
- Established the extended foster care program through the California Fostering Connections to Success Act and sets forth eligibility criteria. (WIC § 11403)
- Establishes eligibility criteria for receiving Aid to Families with Dependent Children-Foster Care (AFDC-FC), which is provided to youth who meet specified conditions including when parental rights have been terminated, have been removed from their home due to safety concerns, or are an NMD under the care of child welfare services or re-entering foster care. (WIC § 11401)
- Provides that the residence of an NMD, shall be determined by the following rules:
- Authorizes, if an NMD under the dependency jurisdiction or transition jurisdiction is placed in a planned permanent living arrangement, the county in which the NMD is living to be deemed the county of residence, if and when the NMD has had a continuous physical presence in the county for one year as an NMD and has expressed their intent to remain in that county; and,
- Permits, if an NMD’s dependency jurisdiction has been resumed, or transition jurisdiction assumed or resumed by the juvenile court that retained general jurisdiction, following the granting of the petition, the county in which the NMD is living at the time the petition was filed to be deemed the county of residence, if and when the NMD establishes that they have had a continuous physical presence in the county for one year and has expressed their intent to remain in that county. Requires the period of continuous physical presence in the county to include any period of continuous residence in the county immediately prior to the filing of the petition. (WIC § 17.1(e)(f))
- Permits, at the permanency review for a child in foster care, the court to order that an NMD who otherwise is eligible to remain in a planned, permanent living arrangement. Permits, at the request of the NMD who has an established relationship with an adult determined to be their permanent connection, the court to order adoption of the NMD. (WIC § 366.3(i))
- Requires the review hearings conducted for an NMD to be conducted in a manner that respects the NMD’s status as a legal adult, focused on the goals and services described in the youth’s transitional independent living case plan, including efforts made to maintain connections with caring and permanently committed adults, and attended, as appropriate, by additional participants invited by the NMD. (WIC § 366.31(c))
- Requires, for an NMD whose case plan is continued court-ordered family reunification services, the court to consider whether the NMD may safely reside in the home of the parent or guardian. Requires the court, if the nonminor cannot reside safely in the home of the parent or guardian or if it is not in the NMD’s best interest to reside in the home of the parent or guardian, to consider whether to continue or terminate reunification services for the parent or legal guardian. (WIC § 366.31(d))
- Permits, whenever an NMD submits a petition in the juvenile court of a county other than the county that retained general jurisdiction, the residence of the NMD to be changed to another county if the NMD has had a continuous physical presence in the county for one year. Authorizes the entire case to be transferred to the juvenile court of the county where the NMD then resides at any time after the county that retained general jurisdiction has granted the petition and resumed dependency jurisdiction, or has assumed or resumed transition jurisdiction. Requires the juvenile court of the county where the nonminor then resides to take jurisdiction of the case upon the receipt and filing of the finding of the facts upon which the court exercised its jurisdiction over the nonminor and an order transferring the case. (WIC § 375)
- Establishes eligibility requirements for NMDs to remain eligible for AFDC-FC benefits until the youth attains 21 years of age, provided that the youth enters into a mutual agreement with the agency responsible for their guardianship, and the youth is meeting the conditions of eligibility, as described. (WIC 11405(e))
FISCAL EFFECT: This bill was keyed non-fiscal by the Legislative Counsel.
COMMENTS:
Background: Extended Foster Care. AB 12 (Beall), Chapter 559, Statutes of 2010, established the extended foster care program which allows foster youth to stay in foster care after they reach 18 years of age, until their 21st birthday. Extended foster care is a benefit available to eligible youth to assist them to achieve self-sufficiency and includes educational opportunities, employment trainings, and supervised independent living environments. For a foster youth to be eligible for extended foster care, they must continue to be under the responsibility of the county welfare department, county probation department, or Indian tribe, participate in a Transitional Independent Living Plan (TILP), be enrolled in either postsecondary or vocational educational program, or in an activity designed to promote, or remove barriers to employment, or be employed for at least 80 hours a month, unless they are unable due to a medical condition. When an NMD ages out of extended foster care at 21 years of age, state law provides for various exit requirements to ensure the youth are provided with all the necessary information to thrive in their transition to adulthood.
Participants in extended foster care retain their rights as adults but remain under the jurisdiction of the court, and the care and responsibility of the county. As young adults, NMDs must be included in any placement decisions. Despite challenges that may arise when working with an NMD to meet their individual needs, the county must offer the NMD a safe and suitable placement that is immediately available to the NMD and remains responsible for ensuring that NMDs have access to a safe and suitable placement at all times.
While in extended foster care, NMDs are required to attend review hearings at least every six months in order for the court to assess the status and progress of the youth. At the review hearings, the court reviews various reports, including the TILP which outlines the youth’s goals and progress toward independence. At these review hearings, the court also evaluates the NMD’s living situation, educational or employment status, and any barriers to achieving self-sufficiency.
If a youth happens to move into a different county while participating in the extended foster care program, they are required to travel back to their county of origin to attend these review hearings, which can create additional barriers to a youth who has moved a long distance.
For any NMD residing out of county, their efforts to access resources could be affected by the county of jurisdiction’s lack of knowledge or strong connections with the resources available in the county where the youth resides. Caseworkers from the jurisdictional county could also find it difficult to provide consistent and thorough oversight when the NMD is living far away. This geographical distance can lead to delays in identifying needed services and addressing housing instability.
This bill would provide NMDs who move to a different county with additional avenues to petition the court to transfer their cases in addition to reducing the amount of time needed to establish residency.
Lack of Flexibility. Currently, if an NMD moves out of the county where they first entered into care, they either have to travel back to their county of origin to attend review hearings or they are required to petition the court to have their case transferred to the new county after living there continuously for one year.
According to a 2024 report entitled Documenting Out-of-County Residences for Young Adults in Foster Care (School of Social Welfare, University of California, Berkeley) approximately 37.1% of NMDs have experienced at least one out-of-county residence during their time in extended foster care—a rate that has increased in recent years. However, the study notes that the corresponding changes in supervising counties is rare: only 3.7% of all young people in any out-of-county residence had a documented change in their supervising county.
Counties having jurisdiction of the NMD are required to remain the county of payment regardless of the youth’s physical residence. Counties are permitted to develop courtesy supervision agreements to provide case management and independent living services by the county of residence pursuant to the NMD’s TILP, however, because Supervised Independent Living Placement (SILP) payments that some participants in extended foster care receive are dependent upon the cost of living in the county where their case was initiated, these foster youth could encounter considerable obstacles securing stable housing, particularly if the new county has a higher cost of living.
The current residency requirement mandates NMDs to reside continuously in a new county for 12 months before transferring jurisdiction. The maximum length of time an NMD can spend in extended foster care is 36 months. This policy causes significant delays in accessing vital services and housing. Attorneys, advocates, and former foster youth identify the following challenges:
- Supervising social workers and attorneys from the county of jurisdiction often lack knowledge of and connections to resources and services in the NMD's county of residence.
- Delays in SILP approvals exacerbate housing instability for NMDs seeking independence.
- Housing programs in many counties prioritize local residents, leaving NMDs from other counties at a disadvantage when seeking stable housing options.
- Youth unable to secure timely services and housing face increased risks of homelessness, employment disruption, educational disruption, and other detrimental outcomes.
Just in Time for Foster Youth, a nonprofit organization in San Diego that has served thousands of NMDs, confirms that many youth contact them after experiencing significant difficulty accessing resources and assistance—including housing—because they do not meet local residency requirements. Advocates also report that youth with local cases are prioritized over out-of-county youth.
The current one-size-fits-all residency requirement does not capture the many reasons why an NMD may choose to reside in a county apart from their supervising county. Like any other young adult, NMDs may find education and employment opportunities available in new locations. However, the residency requirement can make it difficult or even impossible to take advantage of these opportunities and obtain the services they need and are legally entitled to.
This bill would also allow the additional flexibility of having the court proactively inquire at the regularly scheduled review hearings every six months whether the NMD requests the transfer of jurisdiction to a new county, instead of requiring the youth to seek out the petition on their own after living in the new county for a year.
Author’s Statement: According to the Author, “Foster youth enrolled in the extended foster care program are actively working on securing their independence as young adults. For many, that independence means moving to a new place for college, a job, or to maintain personal connections. Whatever the reason, it is vital we remove barriers to allow these youth who have experienced the trauma of being removed from their home due to abuse and neglect, maximum flexibility to live anywhere in the state they desire, and to be provided with the services and supports to which they are entitled. By offering dependency judges discretion to act at the request of and in the best interests of NMDs who have moved counties, and reducing bureaucratic delays, this bill will dramatically improve the ability of judges and counties, and, by extension, all of us, to provide essential services to these youth who are just starting out in life and are relying on us not to make it any harder.”
Equity Implications: Nearly one-third of California’s foster youth reported being homeless at least once between 17 and 21 years of age. The state has a unique obligation to ensure these youth have access to secure, permanent housing. Through no fault of their own, these children were removed them from their home and it is imperative that barriers to their safety, security and independence are removed. This bill’s provisions seek to streamline existing requirements that have made it more difficult for foster youth who are gaining independence to move to a different county and receive services, without having to wait an entire year.
PRIOR LEGISLATION:
AB 1712 (Beall), Chapter 846, Statutes of 2012, enacted numerous technical, clarifying, and federal conformity changes to the California Fostering Connections to Success Act of 2010.
AB 12 (Beall), Chapter 559, Statutes of 2010, see comments above.
REGISTERED SUPPORT / OPPOSITION:
Support
Children's Legal Services of San Diego (Co-Sponsor)
Childrens Advocacy Institute (Co-Sponsor)
Opposition
None on file.
Analysis Prepared by: Jessica Langtry/ HUM. S. / (916) 319-2089
Date of Hearing: April 8, 2025
ASSEMBLY COMMITTEE ON HUMAN SERVICES
Alex Lee, Chair
ABPCA Bill Id:AB 890 (
Author:Lee) – As Amended Ver:March 28, 2025
SUBJECT: Nonminor dependents: county of residence
SUMMARY: Revises residency requirements placed upon foster youth who are participating in the extended foster care program. Specifically, this bill:
- Reduces the amount of time the county in which a nonminor dependent’s (NMD) residence shall be deemed the county of residence from, requiring a physical presence in the county for one year, to six months.
- Requires the court, at the last review hearing before a foster youth attains 18 years of age, and at every subsequent review hearing for the NMD, to inquire whether the NMD requests the transfer of jurisdiction to a new county.
- Requires the court, for an NMD whose case plan is continued court-ordered family reunification services, to consider whether the NMD requests the transfer of jurisdiction to a new county.
- Requires the reviewing body at the review hearing held every six months for an NMD who is no longer receiving court-ordered family reunifications services and is in a permanent plan of another planned permanent living arrangement, to inquire about whether the NMD requests the transfer of jurisdiction to a new county.
- Permits, whenever a minor under the dependency jurisdiction, or transition jurisdiction of the juvenile court, attains 18 years of age and remains under the court’s jurisdiction as an NMD, the residence of the NMD to be changed to another county if the court finds that the NMD meets either of the following conditions:
- The NMD had a continuous physical presence in the county for six months, is in a planned permanent living arrangement, and has expressed their intent to remain in that county; or,
- The NMD requests the transfer of jurisdiction to a new county and demonstrates an intent to remain in the new county by establishing a significant connection to the new county, which may include, but is not limited to, any of the following:
- Employment in the new county;
- Enrollment in an educational or vocational program in the new county;
- Housing in the new county, as evidenced by a rental or lease agreement, housing assistance approval, Supervised Independent Living Placement Approval and Placement Agreement form, a documented agreement for housing with a private party or transitional housing program in the new county, verification of housing through a transitional housing program, or supervised independent living placement approval by a social worker; or,
- Family or other supportive connections in the new county. For purposes of this section, “supportive connections” means relationships that provide emotional or social support to the NMD, including, but not limited to, family members, mentors, close friends, or community ties.
- Permits, pursuant to 5) above, the entire case to be ordered to be transferred to the juvenile court of the county where the NMD then resides, at a regularly scheduled review hearing.
- Requires a court issuing an order to transfer the case to issue the order within 60 calendar days of the NMD’s request and for the new county to be deemed to have jurisdiction over the NMD within 20 calendar days of the issuance of the order.
EXISTING LAW:
- Defines a “nonminor dependent” 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 satisfies all of the following criteria:
- The NMD has attained 18 years of age while under an order of foster care placement by the juvenile court, and is not more than 21 years of age;
- The NMD 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; and,
- The NMD has a transitional independent living case plan. (Welfare and Institutions Code [WIC] § 11400(v))
- Established the extended foster care program through the California Fostering Connections to Success Act and sets forth eligibility criteria. (WIC § 11403)
- Establishes eligibility criteria for receiving Aid to Families with Dependent Children-Foster Care (AFDC-FC), which is provided to youth who meet specified conditions including when parental rights have been terminated, have been removed from their home due to safety concerns, or are an NMD under the care of child welfare services or re-entering foster care. (WIC § 11401)
- Provides that the residence of an NMD, shall be determined by the following rules:
- Authorizes, if an NMD under the dependency jurisdiction or transition jurisdiction is placed in a planned permanent living arrangement, the county in which the NMD is living to be deemed the county of residence, if and when the NMD has had a continuous physical presence in the county for one year as an NMD and has expressed their intent to remain in that county; and,
- Permits, if an NMD’s dependency jurisdiction has been resumed, or transition jurisdiction assumed or resumed by the juvenile court that retained general jurisdiction, following the granting of the petition, the county in which the NMD is living at the time the petition was filed to be deemed the county of residence, if and when the NMD establishes that they have had a continuous physical presence in the county for one year and has expressed their intent to remain in that county. Requires the period of continuous physical presence in the county to include any period of continuous residence in the county immediately prior to the filing of the petition. (WIC § 17.1(e)(f))
- Permits, at the permanency review for a child in foster care, the court to order that an NMD who otherwise is eligible to remain in a planned, permanent living arrangement. Permits, at the request of the NMD who has an established relationship with an adult determined to be their permanent connection, the court to order adoption of the NMD. (WIC § 366.3(i))
- Requires the review hearings conducted for an NMD to be conducted in a manner that respects the NMD’s status as a legal adult, focused on the goals and services described in the youth’s transitional independent living case plan, including efforts made to maintain connections with caring and permanently committed adults, and attended, as appropriate, by additional participants invited by the NMD. (WIC § 366.31(c))
- Requires, for an NMD whose case plan is continued court-ordered family reunification services, the court to consider whether the NMD may safely reside in the home of the parent or guardian. Requires the court, if the nonminor cannot reside safely in the home of the parent or guardian or if it is not in the NMD’s best interest to reside in the home of the parent or guardian, to consider whether to continue or terminate reunification services for the parent or legal guardian. (WIC § 366.31(d))
- Permits, whenever an NMD submits a petition in the juvenile court of a county other than the county that retained general jurisdiction, the residence of the NMD to be changed to another county if the NMD has had a continuous physical presence in the county for one year. Authorizes the entire case to be transferred to the juvenile court of the county where the NMD then resides at any time after the county that retained general jurisdiction has granted the petition and resumed dependency jurisdiction, or has assumed or resumed transition jurisdiction. Requires the juvenile court of the county where the nonminor then resides to take jurisdiction of the case upon the receipt and filing of the finding of the facts upon which the court exercised its jurisdiction over the nonminor and an order transferring the case. (WIC § 375)
- Establishes eligibility requirements for NMDs to remain eligible for AFDC-FC benefits until the youth attains 21 years of age, provided that the youth enters into a mutual agreement with the agency responsible for their guardianship, and the youth is meeting the conditions of eligibility, as described. (WIC 11405(e))
FISCAL EFFECT: This bill was keyed non-fiscal by the Legislative Counsel.
COMMENTS:
Background: Extended Foster Care. AB 12 (Beall), Chapter 559, Statutes of 2010, established the extended foster care program which allows foster youth to stay in foster care after they reach 18 years of age, until their 21st birthday. Extended foster care is a benefit available to eligible youth to assist them to achieve self-sufficiency and includes educational opportunities, employment trainings, and supervised independent living environments. For a foster youth to be eligible for extended foster care, they must continue to be under the responsibility of the county welfare department, county probation department, or Indian tribe, participate in a Transitional Independent Living Plan (TILP), be enrolled in either postsecondary or vocational educational program, or in an activity designed to promote, or remove barriers to employment, or be employed for at least 80 hours a month, unless they are unable due to a medical condition. When an NMD ages out of extended foster care at 21 years of age, state law provides for various exit requirements to ensure the youth are provided with all the necessary information to thrive in their transition to adulthood.
Participants in extended foster care retain their rights as adults but remain under the jurisdiction of the court, and the care and responsibility of the county. As young adults, NMDs must be included in any placement decisions. Despite challenges that may arise when working with an NMD to meet their individual needs, the county must offer the NMD a safe and suitable placement that is immediately available to the NMD and remains responsible for ensuring that NMDs have access to a safe and suitable placement at all times.
While in extended foster care, NMDs are required to attend review hearings at least every six months in order for the court to assess the status and progress of the youth. At the review hearings, the court reviews various reports, including the TILP which outlines the youth’s goals and progress toward independence. At these review hearings, the court also evaluates the NMD’s living situation, educational or employment status, and any barriers to achieving self-sufficiency.
If a youth happens to move into a different county while participating in the extended foster care program, they are required to travel back to their county of origin to attend these review hearings, which can create additional barriers to a youth who has moved a long distance.
For any NMD residing out of county, their efforts to access resources could be affected by the county of jurisdiction’s lack of knowledge or strong connections with the resources available in the county where the youth resides. Caseworkers from the jurisdictional county could also find it difficult to provide consistent and thorough oversight when the NMD is living far away. This geographical distance can lead to delays in identifying needed services and addressing housing instability.
This bill would provide NMDs who move to a different county with additional avenues to petition the court to transfer their cases in addition to reducing the amount of time needed to establish residency.
Lack of Flexibility. Currently, if an NMD moves out of the county where they first entered into care, they either have to travel back to their county of origin to attend review hearings or they are required to petition the court to have their case transferred to the new county after living there continuously for one year.
According to a 2024 report entitled Documenting Out-of-County Residences for Young Adults in Foster Care (School of Social Welfare, University of California, Berkeley) approximately 37.1% of NMDs have experienced at least one out-of-county residence during their time in extended foster care—a rate that has increased in recent years. However, the study notes that the corresponding changes in supervising counties is rare: only 3.7% of all young people in any out-of-county residence had a documented change in their supervising county.
Counties having jurisdiction of the NMD are required to remain the county of payment regardless of the youth’s physical residence. Counties are permitted to develop courtesy supervision agreements to provide case management and independent living services by the county of residence pursuant to the NMD’s TILP, however, because Supervised Independent Living Placement (SILP) payments that some participants in extended foster care receive are dependent upon the cost of living in the county where their case was initiated, these foster youth could encounter considerable obstacles securing stable housing, particularly if the new county has a higher cost of living.
The current residency requirement mandates NMDs to reside continuously in a new county for 12 months before transferring jurisdiction. The maximum length of time an NMD can spend in extended foster care is 36 months. This policy causes significant delays in accessing vital services and housing. Attorneys, advocates, and former foster youth identify the following challenges:
- Supervising social workers and attorneys from the county of jurisdiction often lack knowledge of and connections to resources and services in the NMD's county of residence.
- Delays in SILP approvals exacerbate housing instability for NMDs seeking independence.
- Housing programs in many counties prioritize local residents, leaving NMDs from other counties at a disadvantage when seeking stable housing options.
- Youth unable to secure timely services and housing face increased risks of homelessness, employment disruption, educational disruption, and other detrimental outcomes.
Just in Time for Foster Youth, a nonprofit organization in San Diego that has served thousands of NMDs, confirms that many youth contact them after experiencing significant difficulty accessing resources and assistance—including housing—because they do not meet local residency requirements. Advocates also report that youth with local cases are prioritized over out-of-county youth.
The current one-size-fits-all residency requirement does not capture the many reasons why an NMD may choose to reside in a county apart from their supervising county. Like any other young adult, NMDs may find education and employment opportunities available in new locations. However, the residency requirement can make it difficult or even impossible to take advantage of these opportunities and obtain the services they need and are legally entitled to.
This bill would also allow the additional flexibility of having the court proactively inquire at the regularly scheduled review hearings every six months whether the NMD requests the transfer of jurisdiction to a new county, instead of requiring the youth to seek out the petition on their own after living in the new county for a year.
Author’s Statement: According to the Author, “Foster youth enrolled in the extended foster care program are actively working on securing their independence as young adults. For many, that independence means moving to a new place for college, a job, or to maintain personal connections. Whatever the reason, it is vital we remove barriers to allow these youth who have experienced the trauma of being removed from their home due to abuse and neglect, maximum flexibility to live anywhere in the state they desire, and to be provided with the services and supports to which they are entitled. By offering dependency judges discretion to act at the request of and in the best interests of NMDs who have moved counties, and reducing bureaucratic delays, this bill will dramatically improve the ability of judges and counties, and, by extension, all of us, to provide essential services to these youth who are just starting out in life and are relying on us not to make it any harder.”
Equity Implications: Nearly one-third of California’s foster youth reported being homeless at least once between 17 and 21 years of age. The state has a unique obligation to ensure these youth have access to secure, permanent housing. Through no fault of their own, these children were removed them from their home and it is imperative that barriers to their safety, security and independence are removed. This bill’s provisions seek to streamline existing requirements that have made it more difficult for foster youth who are gaining independence to move to a different county and receive services, without having to wait an entire year.
PRIOR LEGISLATION:
AB 1712 (Beall), Chapter 846, Statutes of 2012, enacted numerous technical, clarifying, and federal conformity changes to the California Fostering Connections to Success Act of 2010.
AB 12 (Beall), Chapter 559, Statutes of 2010, see comments above.
REGISTERED SUPPORT / OPPOSITION:
Support
Children's Legal Services of San Diego
Childrens Advocacy Institute
Opposition
None on file.
Analysis Prepared by: Jessica Langtry/ HUM. S. / (916) 319-2089
Bill Author
Bill Co-Author(s):
