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AB-2000 Wards: termination of juvenile court jurisdiction.(2015-2016)

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Amended  IN  Assembly  May 31, 2016
Amended  IN  Assembly  March 28, 2016

CALIFORNIA LEGISLATURE— 2015–2016 REGULAR SESSION

Assembly Bill
No. 2000

Introduced by Assembly Member Campos

February 16, 2016

An act to add Section 607.6 to the Welfare and Institutions Code, relating to juveniles.


LEGISLATIVE COUNSEL'S DIGEST


AB 2000, as amended, Campos. Wards: termination of juvenile court jurisdiction.
Existing law establishes the jurisdiction of the juvenile court, which may adjudge a minor to be a ward of the court on the basis of the minor’s delinquent behavior. Under existing law, the jurisdiction of the juvenile court may continue until the ward attains 21 or 25 years of age, depending on the nature of the offense. Existing law requires the juvenile court to hold a hearing prior to terminating jurisdiction over a ward who is subject to an order of foster care, as specified. Under existing law, whenever the juvenile court terminates jurisdiction over a ward who has also been designated a dependent of the court or previously placed into foster care, the probation or parole officer is required to provide the ward with specified information and documents relating to benefits for former foster children.
This bill would prohibit the juvenile court from terminating jurisdiction over a ward who has attained 17 years of age until the court conducts a hearing and finds that the probation department has provided, or made reasonable efforts to provide, certain information, documents, and services to the ward. The bill would authorize a juvenile court, at its discretion, to make these provisions applicable to a ward under 17 years of age, if requested by the ward, and if the court finds that doing so is in the ward’s best interest. By imposing this duty duties on probation officers, this bill would impose a state-mandated local program. The bill would also direct the Judicial Council to develop and implement standards and forms necessary to implement these provisions.
The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement.
This bill would provide that, if the Commission on State Mandates determines that the bill contains costs mandated by the state, reimbursement for those costs shall be made pursuant to these statutory provisions.
Vote: MAJORITY   Appropriation: NO   Fiscal Committee: YES   Local Program: YES  

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


SECTION 1.

 Section 607.6 is added to the Welfare and Institutions Code, to read:

607.6.
 (a) The juvenile court shall not terminate jurisdiction over a ward who has attained 17 years of age, and who is not subject to Section 607.3, until a hearing is conducted pursuant to this section and the court finds that the following information, documents, and services have been provided to the ward, or, in any case in which the information, document, or service is unavailable or cannot be provided, that the probation officer has made reasonable efforts to provide the following information, documents, or services to the ward:
(1) Written information concerning the ward’s case, including any known information regarding the ward’s Indian heritage or tribal connections, if applicable, directions on how to access the documents the ward is entitled to inspect under Section 827, and the date on which the jurisdiction of the juvenile court would be terminated.
(2) Written information regarding any psychoactive or other medications that the ward is taking, including the dosage, the reason the medications were prescribed, contact information of the prescribing doctor or psychiatrist, and information regarding how to maintain the medication regimen if the ward so chooses.
(3) The following documents:
(A) Social security card, or a photocopy thereof.
(B) Certified copy of his or her birth certificate.
(C) Health and education summary, as described in subdivision (a) of Section 16010, if applicable.
(D) Driver’s license, as described in Section 12500 of the Vehicle Code, or identification card, as described in Section 13000 of the Vehicle Code.
(E) A letter prepared by the probation department that includes the following information:
(i) The ward’s name and date of birth.
(ii) The dates during which the ward was within the jurisdiction of the juvenile court.
(F) If applicable, the death certificate of the parent or parents.
(G) An advance health care directive form.
(4) Assistance with completing an application for Medi-Cal or assistance with obtaining other health insurance, unless the ward has health insurance.
(5) Referrals to transitional housing, if available, or referrals to assistance with securing other housing, unless the ward has housing.
(6) Referrals for assistance with obtaining employment or other financial support.
(7) Referrals for assistance in applying for admission to college or to a vocational training program or other educational institution and in obtaining financial aid, where appropriate.
(8) If the ward has been in out-of-home placement for 90 days or longer from the date the ward entered foster care or was committed or detained for 90 days or longer, contact information in the ward’s file for individuals who are important to the ward, based on the ward’s best interests.
(9) Information about the sealing of juvenile records as required by subdivision (h) of Section 781, including information on the sealing provisions of Section 786 and other applicable provisions regarding the sealing of juvenile records.
(10) If the ward has applied for special immigrant juvenile status or otherwise applied for legal residency, and the application is being processed, information on the status of the application and whether an active juvenile court case is required for approval of the application.
(b) The ward shall not be held in physical confinement or subject to any terms or conditions of probation if a continuance of the termination hearing is required solely for the probation department to comply with the requirements of this section.
(c) If the ward has met his or her rehabilitative goal and requests immediate termination of jurisdiction, the termination shall not be delayed for the probation department to comply with this section.
(d) A juvenile court may, in its discretion, make the provision of information, documents, services, and referrals for service required by this section applicable to a ward under 17 years of age, if requested by the ward, and if the court finds that doing so is in the best interest of the ward.
(e) The ward, after having an opportunity to confer with the ward’s counsel, may waive the right to receive the information, documents, services, and referrals for service specified in this section.

(d)

(f) The Judicial Council shall develop and implement standards, and develop and adopt appropriate forms, necessary to implement this section.

SEC. 2.

 If the Commission on State Mandates determines that this act contains costs mandated by the state, reimbursement to local agencies and school districts for those costs shall be made pursuant to Part 7 (commencing with Section 17500) of Division 4 of Title 2 of the Government Code.