ARTICLE 13.5. Foster Care of Children [396 - 452]
( Article 13.5 added by Stats. 1980, Ch. 1229, Sec. 4. )
It is the policy of the Legislature that foster care should be a temporary method of care for the children of this state, that children have a right to a normal home life free from abuse, that reunification with the natural parent or parents or another alternate permanent living situation such as adoption or guardianship is more suitable to a child’s well-being than is foster care, that this state has a responsibility to attempt to ensure that children are given the chance to have happy and healthy lives, and that, to the extent possible, the current practice of moving children receiving foster care services from one foster home to another until they reach the age of majority should be discontinued.
(Amended by Stats. 1999, Ch. 620, Sec. 2. Effective January 1, 2000.)
In order to carry out the policy stated in Section 396, each county welfare department or probation department shall report to the State Department of Social Services, in the frequency and format determined by the department, foster care characteristic data and care information deemed essential by the department to establish a foster care information system. The report shall include, but not be limited to, elements that identify the factors necessitating foster care placement, the appropriateness of the placement, and the case goal or objective such as reunification, adoption, guardianship, or long-term foster care placement.
(Added by Stats. 1980, Ch. 1229, Sec. 4.)
Any minor being considered for placement in a foster home shall have the right to make a brief statement to the court making a decision on placement. The court may disregard any preferences expressed by the minor. The minor’s right to make a statement shall not be limited to the initial placement, but shall continue for any proceedings concerning continued placement or a decision to return to parental custody.
(Added by Stats. 1984, Ch. 317, Sec. 2.)
Any county may institute a program of advocates for pupils in foster care placement. A participating county shall be responsible for the nonfederal costs of implementing the program.
(Added by Stats. 1992, Ch. 811, Sec. 1. Effective January 1, 1993.)
The program shall utilize educational advocates to assist children in foster care through the educational system. To the extent possible, an advocate shall reflect the same racial or ethnic identification as the pupil being assisted. The educational advocates shall be required to comply with all statutory and regulatory provisions regarding standards of confidentiality that are applicable to children of schoolage who have been placed in foster care. The responsibilities of an advocate shall include at least the following duties:
(a) Facilitating the school enrollment of pupils in foster care.
(b) Locating a pupil’s transcripts, immunization and school health records, individual education plans, and having these documents sent to the school to which the child is applying for enrollment, and to the department so that the information can be included in the child’s health and education passport.
(c) Educating foster parents regarding how to enroll the pupil in school and what educational services are available.
(Added by Stats. 1992, Ch. 811, Sec. 2. Effective January 1, 1993.)
An advocate and a county participating in this program shall be held harmless by the state when acting in their official capacity except for acts or omissions that are found to have been wanton, reckless, or malicious.
(Added by Stats. 1992, Ch. 811, Sec. 3. Effective January 1, 1993.)
An advocate shall not be assigned to assist any minor in foster care placement who has been appointed a surrogate parent.
(Added by Stats. 1992, Ch. 811, Sec. 4. Effective January 1, 1993.)
Any school district that has a foster youth services program shall not be eligible to participate in the program authorized by this chapter.
(Added by Stats. 1992, Ch. 811, Sec. 5. Effective January 1, 1993.)
(a) A minor or nonminor who satisfies all of the following criteria is within the transition jurisdiction of the juvenile court:
(1) (A) The minor is a ward who is older than 17 years and 5 months of age and younger than 18 years of age and in foster care placement, or the nonminor is a ward in foster care placement who was a ward subject to an order for foster care placement on the day the nonminor attained 18 years of age and has not attained 21 years of age.
(B) The minor or nonminor met or would meet the criteria in subparagraph (A), but for the fact that the underlying adjudication was vacated
pursuant to Section 236.14 of the Penal Code or dismissed pursuant to Section 782 of this code, and the minor or nonminor has not attained 21 years of age.
(2) The ward meets any of the following conditions:
(A) The ward was removed from the physical custody of the ward’s parents or legal guardian, adjudged to be a ward of the juvenile court under Section 725, and ordered into foster care placement as a ward.
(B) The ward was removed from the custody of the ward’s parents or legal guardian as a dependent of the court with an order for foster care placement as a dependent in effect at the time the court adjudged them to be a ward of the juvenile court under Section 725.
(C) The minor or nonminor met or would meet the conditions described in subparagraph (A) or (B), but for the fact that the underlying adjudication was vacated pursuant to Section 236.14 of the Penal Code or dismissed pursuant to Section 782 of this code, and the minor or nonminor has not attained 21 years of age.
(3) The rehabilitative goals of the minor or nonminor, as set forth in the case plan, have been met, and juvenile court jurisdiction over the minor or nonminor as a ward is no longer required, or the underlying adjudication was vacated pursuant to Section 236.14 of the Penal Code or dismissed pursuant to Section 782 of this code.
(4) (A) If the ward is a minor, reunification services have been terminated; the matter has not been set for a
hearing for termination of parental rights pursuant to Section 727.3 or for the establishment of guardianship pursuant to Section 728; the return of the child to the physical custody of the parents or legal guardian would create a substantial risk of detriment to the child’s safety, protection, or physical or emotional well-being; and the minor has indicated an intent to sign a mutual agreement, as described in subdivision (u) of Section 11400, with the responsible agency for placement in a supervised setting as a nonminor dependent.
(B) If the ward is a nonminor, the ward has signed a mutual agreement, as described in subdivision (u) of Section 11400, with the responsible agency for placement in a supervised setting as a nonminor dependent or has signed a voluntary reentry agreement, as described in subdivision (z) of Section 11400, for
placement in a supervised setting as a nonminor dependent. A youth homelessness prevention center licensed by the State Department of Social Services pursuant to Section 1502.35 of the Health and Safety Code shall not be a placement option pursuant to this section.
(b) A minor who is subject to the court’s transition jurisdiction shall be referred to as a transition dependent.
(c) A youth subject to the court’s transition jurisdiction who is 18 years of age or older shall be referred to as a nonminor dependent.
(Amended by Stats. 2024, Ch. 782, Sec. 4. (SB 1161) Effective January 1, 2025.)
(a) At a hearing during which termination of jurisdiction over a ward is considered, the court may, as an alternative to termination of jurisdiction, modify its order of jurisdiction and assume transition jurisdiction over the ward pursuant to Section 450. The court may also assume transition jurisdiction over a ward, transition dependent, or nonminor dependent whose underlying adjudication is vacated pursuant to Section 236.14 of the Penal Code or dismissed pursuant to Section 782 of this code.
(b) A minor or a nonminor who is subject to the court’s transition jurisdiction shall not be subject to any terms or conditions of probation, and their case shall be managed as a dependent child
of the court or as a nonminor dependent of the court.
(c) Each county shall modify its protocol for Section 241.1 to include a provision to determine whether the child welfare services department or the probation department shall supervise persons subject to the court’s transition jurisdiction, including persons who obtained a court order vacating the underlying adjudication pursuant to Section 236.14 of the Penal Code. For a minor, this supervision shall comply with the requirements and procedures set forth in this code for dependent children. For a nonminor, this supervision shall comply with the provisions set forth in this code that specifically apply to nonminor dependents.
(d) The court shall appoint counsel, pursuant to Section 317, for minors and nonminors subject to the
court’s transition jurisdiction. The court shall, to the extent feasible given local court circumstances, provide for continuity of representation for the minor or nonminor from delinquency jurisdiction to transition jurisdiction pursuant to Section 450 by the attorney appointed to represent the minor or nonminor pursuant to Section 634.
(Amended by Stats. 2024, Ch. 782, Sec. 5. (SB 1161) Effective January 1, 2025.)
(a) The court shall hold a hearing prior to terminating transition jurisdiction over a nonminor dependent.
(b) At a hearing during which termination of transition jurisdiction over a nonminor dependent is being considered, the court shall continue its jurisdiction to allow a nonminor dependent who is eligible for foster care placement pursuant to Section 11403 to remain in foster care, unless the court finds that after reasonable and documented efforts, the nonminor dependent cannot be located or does not wish to remain a nonminor dependent. In making this finding, the court shall ensure that the nonminor dependent has had an opportunity to confer with his or her counsel and has been informed of his or her
options, including the right to reenter foster care placement by completing a voluntary reentry agreement, as described in subdivision (z) of Section 11400, and the right to file a petition pursuant to subdivision (e) of Section 388 to resume transition jurisdiction pursuant to Section 450.
(c) The agency responsible under the county protocol for supervising a nonminor dependent subject to the court’s transition jurisdiction shall complete all of the following actions for a hearing during which termination of transition jurisdiction over a nonminor dependent is being considered:
(1) Ensure that the nonminor dependent is present in court for the hearing, unless the nonminor dependent has waived his or her right to appear in court and elects to appear by telephone instead or document the reasonable efforts it made to locate the nonminor dependent when the nonminor dependent is not
available to appear at the hearing.
(2) Submit a report describing whether it is in the nonminor dependent’s best interests to remain under the court’s jurisdiction.
(3) Submit the completed 90-day transition plan.
(4) The placing agency’s report shall address the manner in which the nonminor was informed of his or her right to reenter foster care prior to attaining 21 years of age, if the nonminor dependent has indicated that he or she does not want juvenile court transition jurisdiction to continue.
(5) Submit written verification that the information, documents, and services set forth in paragraphs 1 to 8, inclusive, of subdivision (e) of Section 391 have been provided to the nonminor dependent.
(6) Certify that the requirements set forth in Section 607.5 have been completed.
(d) If the court terminates transition jurisdiction, the nonminor shall remain within the general jurisdiction of the court until the nonminor attains 21 years of age to allow for the filing of a petition to resume juvenile court transition jurisdiction under subdivision (e) of Section 388, although no review proceedings shall be required.
(Added by Stats. 2011, Ch. 459, Sec. 14. (AB 212) Effective October 4, 2011.)