AB 748

Version: Amended+Senate
Author: Asm. Mike Gipson (D-CA)



Introduced by Assembly Member Gipson

February 19, 2019


An act to amend Sections 303, 355, 356, 358, 361.6, 388, 388.1, 11400, and 11403 Section 358 of the Welfare and Institutions Code, relating to nonminor dependents.


LEGISLATIVE COUNSEL'S DIGEST


AB 748, as amended, Gipson. Nonminor dependents.
Existing law authorizes the juvenile court to retain jurisdiction over any person who is found to be a ward or a dependent child of the juvenile court until the ward or dependent child attains 21 years of age. Existing law also authorizes a nonminor who has not yet attained 21 years of age and who exited foster care at or after the age of majority, to petition the court to resume dependency jurisdiction or to assume transition jurisdiction, as described.

This bill would require, if a person turns 18 years of age prior to the court finding that the person is within the dependency jurisdiction of the court, prior to the court completing the dispositional proceeding for the person, or prior to the appellate court reversing an order dismissing the court's dependency jurisdiction over the person, the juvenile court to hold a hearing to determine if the person should be declared a nonminor dependent. The bill would make conforming and other related changes, including requiring a social worker, at least 2 calendar days before a hearing under these provisions, to file a report with the court describing the current need for court supervision and intervention. The bill would require the court, if it makes specified findings, and subject to a requirement that the person has not yet attained 21 years of age, to declare the person a nonminor dependent and order, among other things, that placement and care are the responsibility of the county child welfare agency. The bill would require the Judicial Council, by July 1, 2020, to amend and adopt rules of court and develop appropriate forms to implement these provisions.

Existing law establishes various other procedures for the juvenile court to resume jurisdiction over a nonminor former dependent, including a petition to the court or a voluntary reentry agreement between a former nonminor dependent, who has had juvenile court jurisdiction terminated, as specified, and the county welfare or probation department or tribal placing entity, as applicable. Existing law governs the criteria that a nonminor former dependent must satisfy to file the petition and for the court to order a hearing, including that their guardians or adoptive parents no longer receive benefits on the nonminor's behalf. Existing law also requires the court to give prior notice, or to cause prior notice to be given, to the nonminor, the appropriate child welfare agency or probation department, and any other person requested by the nonminor.

This bill would eliminate the requirement that the nonminor's guardians or adoptive parents, as applicable, no longer receive benefits on the nonminor's behalf. The bill would also require the court to give notice at least 3 days prior to the hearing and to give notice to the nonminor's adoptive parent, parents, or legal guardians. The bill would additionally authorize a nonminor to enter into a voluntary reentry agreement if the nonminor's adoptive parents or guardians have either died or are no longer providing ongoing support and are no longer receiving payments on behalf of the nonminor.

This bill would require the court to hold a dispositional proceeding for a youth 18 years of age if the youth was found to be a minor within the jurisdiction of the juvenile court at a specified hearing prior to the youth attaining 18 years of age, and was continuously detained, as specified, and the youth has provided informed consent to the dispositional proceeding.
The bill would require the court, at the dispositional proceeding, to determine by clear and convincing evidence if at least one of certain conditions existed immediately prior to the youth attaining 18 years of age, including the existence of substantial danger to the safety or well-being of the person if they were returned home, as specified. The bill would set forth other procedural steps relating to the dispositional proceeding.
The bill would condition the implementation of these provisions on federal approval, as specified, and would require the Judicial Council, on or before July 1, 2020, to amend or adopt rules of court, and to develop or amend appropriate forms, as necessary to implement these provisions.
By imposing additional duties on county employees, employees relating to the above-described dispositional proceeding, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 358 of the Welfare and Institutions Code is amended to read:

358.
 (a) After finding that a child is a person described in Section 300, the court shall hear evidence on the question of the proper disposition to be made of the child. Prior to making a finding required by this section, the court may continue the hearing on its own motion, the motion of the parent or guardian, or the motion of the child, as follows:
(1) If the child is detained during the continuance, and the social worker is not alleging that subdivision (b) of Section 361.5 is applicable, the continuance shall not exceed 10 judicial days. The court may make an order for detention of the child or for the child's release from detention, during the period of continuance, as is appropriate.
(2) If the child is not detained during the continuance, the continuance shall not exceed 30 days after the date of the finding pursuant to Section 356. However, the court may, for cause, continue the hearing for an additional 15 days.
(3) If the social worker is alleging that subdivision (b) of Section 361.5 is applicable, the court shall continue the proceedings for a period not to exceed 30 days. The social worker shall notify each parent of the content of subdivision (b) of Section 361.5 and shall inform each parent that if the court does not order reunification a permanency planning hearing will be held, and that his or her their parental rights may be terminated within the timeframes specified by law.
(b) (1) Before determining the appropriate disposition, the court shall receive in evidence the social study of the child made by the social worker, any study or evaluation made by a child advocate appointed by the court, and other relevant and material evidence as may be offered, including, but not limited to, the willingness of the caregiver to provide legal permanency for the child if reunification is unsuccessful. In any judgment and order of disposition, the court shall specifically state that the social study made by the social worker and the study or evaluation made by the child advocate appointed by the court, if there be any, has been read and considered by the court in arriving at its judgment and order of disposition. Any social study or report submitted to the court by the social worker shall include the individual child's case plan developed pursuant to Section 16501.1.
(2) Whenever a child is removed from a parent's or guardian's custody, the court shall make a finding as to whether the social worker has exercised due diligence in conducting the investigation, as required pursuant to paragraph (1) of subdivision (e) of Section 309, to identify, locate, and notify the child's relatives, including both maternal and paternal relatives.
(3) When making the determination required pursuant to paragraph (2), the court may consider, among other examples of due diligence, the extent to which the social worker has complied with paragraph (1) of subdivision (e) of Section 309, and has done any of the following:
(A) Asked the child, in an age-appropriate manner and consistent with the child's best interest, about his or her their relatives.
(B) Obtained information regarding the location of the child's relatives.
(C) Reviewed the child's case file for any information regarding the child's relatives.
(D) Telephoned, emailed, or visited all identified relatives.
(E) Asked located relatives for the names and locations of other relatives.
(F) Used Internet internet search tools to locate relatives identified as supports.
(c) If the court finds that a child is described by subdivision (h) of Section 300 or that subdivision (b) of Section 361.5 may be applicable, the court shall conduct the dispositional proceeding pursuant to subdivision (c) of Section 361.5.
(d) (1) The court shall hold a dispositional proceeding for a youth 18 years of age if both of the following requirements are met:
(A) The youth was found to be a minor described in Section 300 at a hearing pursuant to Section 355 prior to the youth attaining 18 years of age, and was continuously detained pursuant to subdivision (c) of Section 319.
(B) The youth has provided informed consent to the dispositional proceeding.
(2) A dispositional proceeding for a youth as described in paragraph (1) shall be held within 30 days of the date of the finding pursuant to Section 355.
(3) At the dispositional proceeding, the court shall determine by clear and convincing evidence if at least one of the conditions described in subdivision (c) of Section 361 existed immediately prior to the youth attaining 18 years of age.
(4) (A) If the youth does not provide informed consent to the dispositional proceeding, or the court does not find the criteria described in paragraph (3), the court shall vacate the temporary orders made under Section 319 and dependency or general jurisdiction shall not be retained.
(B) If the court finds that the youth meets the criteria described in paragraph (3) but chooses not to remain in foster care, the court shall set a hearing for termination of jurisdiction pursuant to Section 391 within 30 days.
(5) For purposes of the definition of "nonminor dependent" pursuant to subdivision (v) of Section 11400, an order for foster care placement made at disposition pursuant to this subdivision shall be treated as though the nonminor attained 18 years of age while under an order of foster care placement by the juvenile court.
(6) Implementation of this subdivision is subject to federal approval of the state plan amendment made under Title IV-E of the federal Social Security Act (42 U.S.C. Sec. 670 et seq.), and shall be operative as of the date of federal approval.
(7) On or before July 1, 2020, the Judicial Council shall amend or adopt rules of court, and shall develop or amend appropriate forms, as necessary to implement this subdivision.

SEC. 2.

 To the extent that this act has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state or otherwise be subject to Section 6 of Article XIII B of the California Constitution.

AB 748

Version: Amended+Senate
Author: Asm. Mike Gipson (D-CA)



Introduced by Assembly Member Gipson

February 19, 2019


An act to amend Sections 303, 355, 356, 358, 361.6, 388, 388.1, 11400, and 11403 Section 358 of the Welfare and Institutions Code, relating to nonminor dependents.


LEGISLATIVE COUNSEL'S DIGEST


AB 748, as amended, Gipson. Nonminor dependents.
Existing law authorizes the juvenile court to retain jurisdiction over any person who is found to be a ward or a dependent child of the juvenile court until the ward or dependent child attains 21 years of age. Existing law also authorizes a nonminor who has not yet attained 21 years of age and who exited foster care at or after the age of majority, to petition the court to resume dependency jurisdiction or to assume transition jurisdiction, as described.

This bill would require, if a person turns 18 years of age prior to the court finding that the person is within the dependency jurisdiction of the court, prior to the court completing the dispositional proceeding for the person, or prior to the appellate court reversing an order dismissing the court's dependency jurisdiction over the person, the juvenile court to hold a hearing to determine if the person should be declared a nonminor dependent. The bill would make conforming and other related changes, including requiring a social worker, at least 2 calendar days before a hearing under these provisions, to file a report with the court describing the current need for court supervision and intervention. The bill would require the court, if it makes specified findings, and subject to a requirement that the person has not yet attained 21 years of age, to declare the person a nonminor dependent and order, among other things, that placement and care are the responsibility of the county child welfare agency. The bill would require the Judicial Council, by July 1, 2020, to amend and adopt rules of court and develop appropriate forms to implement these provisions.

Existing law establishes various other procedures for the juvenile court to resume jurisdiction over a nonminor former dependent, including a petition to the court or a voluntary reentry agreement between a former nonminor dependent, who has had juvenile court jurisdiction terminated, as specified, and the county welfare or probation department or tribal placing entity, as applicable. Existing law governs the criteria that a nonminor former dependent must satisfy to file the petition and for the court to order a hearing, including that their guardians or adoptive parents no longer receive benefits on the nonminor's behalf. Existing law also requires the court to give prior notice, or to cause prior notice to be given, to the nonminor, the appropriate child welfare agency or probation department, and any other person requested by the nonminor.

This bill would eliminate the requirement that the nonminor's guardians or adoptive parents, as applicable, no longer receive benefits on the nonminor's behalf. The bill would also require the court to give notice at least 3 days prior to the hearing and to give notice to the nonminor's adoptive parent, parents, or legal guardians. The bill would additionally authorize a nonminor to enter into a voluntary reentry agreement if the nonminor's adoptive parents or guardians have either died or are no longer providing ongoing support and are no longer receiving payments on behalf of the nonminor.

This bill would require the court to hold a dispositional proceeding for a youth 18 years of age if the youth was found to be a minor within the jurisdiction of the juvenile court at a specified hearing prior to the youth attaining 18 years of age, and was continuously detained, as specified, and the youth has provided informed consent to the dispositional proceeding.
The bill would require the court, at the dispositional proceeding, to determine by clear and convincing evidence if at least one of certain conditions existed immediately prior to the youth attaining 18 years of age, including the existence of substantial danger to the safety or well-being of the person if they were returned home, as specified. The bill would set forth other procedural steps relating to the dispositional proceeding.
The bill would condition the implementation of these provisions on federal approval, as specified, and would require the Judicial Council, on or before July 1, 2020, to amend or adopt rules of court, and to develop or amend appropriate forms, as necessary to implement these provisions.
By imposing additional duties on county employees, employees relating to the above-described dispositional proceeding, the bill would impose a state-mandated local program.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that no reimbursement is required by this act for a specified reason.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

The people of the State of California do enact as follows:


SECTION 1.

 Section 358 of the Welfare and Institutions Code is amended to read:

358.
 (a) After finding that a child is a person described in Section 300, the court shall hear evidence on the question of the proper disposition to be made of the child. Prior to making a finding required by this section, the court may continue the hearing on its own motion, the motion of the parent or guardian, or the motion of the child, as follows:
(1) If the child is detained during the continuance, and the social worker is not alleging that subdivision (b) of Section 361.5 is applicable, the continuance shall not exceed 10 judicial days. The court may make an order for detention of the child or for the child's release from detention, during the period of continuance, as is appropriate.
(2) If the child is not detained during the continuance, the continuance shall not exceed 30 days after the date of the finding pursuant to Section 356. However, the court may, for cause, continue the hearing for an additional 15 days.
(3) If the social worker is alleging that subdivision (b) of Section 361.5 is applicable, the court shall continue the proceedings for a period not to exceed 30 days. The social worker shall notify each parent of the content of subdivision (b) of Section 361.5 and shall inform each parent that if the court does not order reunification a permanency planning hearing will be held, and that his or her their parental rights may be terminated within the timeframes specified by law.
(b) (1) Before determining the appropriate disposition, the court shall receive in evidence the social study of the child made by the social worker, any study or evaluation made by a child advocate appointed by the court, and other relevant and material evidence as may be offered, including, but not limited to, the willingness of the caregiver to provide legal permanency for the child if reunification is unsuccessful. In any judgment and order of disposition, the court shall specifically state that the social study made by the social worker and the study or evaluation made by the child advocate appointed by the court, if there be any, has been read and considered by the court in arriving at its judgment and order of disposition. Any social study or report submitted to the court by the social worker shall include the individual child's case plan developed pursuant to Section 16501.1.
(2) Whenever a child is removed from a parent's or guardian's custody, the court shall make a finding as to whether the social worker has exercised due diligence in conducting the investigation, as required pursuant to paragraph (1) of subdivision (e) of Section 309, to identify, locate, and notify the child's relatives, including both maternal and paternal relatives.
(3) When making the determination required pursuant to paragraph (2), the court may consider, among other examples of due diligence, the extent to which the social worker has complied with paragraph (1) of subdivision (e) of Section 309, and has done any of the following:
(A) Asked the child, in an age-appropriate manner and consistent with the child's best interest, about his or her their relatives.
(B) Obtained information regarding the location of the child's relatives.
(C) Reviewed the child's case file for any information regarding the child's relatives.
(D) Telephoned, emailed, or visited all identified relatives.
(E) Asked located relatives for the names and locations of other relatives.
(F) Used Internet internet search tools to locate relatives identified as supports.
(c) If the court finds that a child is described by subdivision (h) of Section 300 or that subdivision (b) of Section 361.5 may be applicable, the court shall conduct the dispositional proceeding pursuant to subdivision (c) of Section 361.5.
(d) (1) The court shall hold a dispositional proceeding for a youth 18 years of age if both of the following requirements are met:
(A) The youth was found to be a minor described in Section 300 at a hearing pursuant to Section 355 prior to the youth attaining 18 years of age, and was continuously detained pursuant to subdivision (c) of Section 319.
(B) The youth has provided informed consent to the dispositional proceeding.
(2) A dispositional proceeding for a youth as described in paragraph (1) shall be held within 30 days of the date of the finding pursuant to Section 355.
(3) At the dispositional proceeding, the court shall determine by clear and convincing evidence if at least one of the conditions described in subdivision (c) of Section 361 existed immediately prior to the youth attaining 18 years of age.
(4) (A) If the youth does not provide informed consent to the dispositional proceeding, or the court does not find the criteria described in paragraph (3), the court shall vacate the temporary orders made under Section 319 and dependency or general jurisdiction shall not be retained.
(B) If the court finds that the youth meets the criteria described in paragraph (3) but chooses not to remain in foster care, the court shall set a hearing for termination of jurisdiction pursuant to Section 391 within 30 days.
(5) For purposes of the definition of "nonminor dependent" pursuant to subdivision (v) of Section 11400, an order for foster care placement made at disposition pursuant to this subdivision shall be treated as though the nonminor attained 18 years of age while under an order of foster care placement by the juvenile court.
(6) Implementation of this subdivision is subject to federal approval of the state plan amendment made under Title IV-E of the federal Social Security Act (42 U.S.C. Sec. 670 et seq.), and shall be operative as of the date of federal approval.
(7) On or before July 1, 2020, the Judicial Council shall amend or adopt rules of court, and shall develop or amend appropriate forms, as necessary to implement this subdivision.

SEC. 2.

 To the extent that this act has an overall effect of increasing the costs already borne by a local agency for programs or levels of service mandated by the 2011 Realignment Legislation within the meaning of Section 36 of Article XIII of the California Constitution, it shall apply to local agencies only to the extent that the state provides annual funding for the cost increase. Any new program or higher level of service provided by a local agency pursuant to this act above the level for which funding has been provided shall not require a subvention of funds by the state or otherwise be subject to Section 6 of Article XIII B of the California Constitution.