AB 787 California Assembly · 2013-2014 Regular Session

Foster care.

Summary
(1) Existing law provides that a minor who has been abused or neglected, or who has violated a law or ordinance, as specified, is within the jurisdiction of the juvenile court as a dependent child or a ward, respectively. Existing law also establishes the court's transition jurisdiction over certain minors and nonminors, as specified. Existing law requires the court to consider whether a nonminor dependent may safely reside in the home of the parent or guardian and, if the nonminor cannot reside safely in that home, or if it is not in the minor's best interest to reside in the home, to consider whether to continue or terminate reunification services for the parent or legal guardian. This bill would authorize the court to order a nonminor dependent to reside in the home of the parent or former guardian if the court determines the nonminor dependent may safely reside in that home and to terminate or continue jurisdiction, as specified. The bill would require the court to hold periodic hearings for a nonminor dependent residing in that home and would require the social worker or probation officer to file a report describing the services offered to the family and the progress made by the family, as specified. By imposing new duties on social workers and probation officers, the bill would impose a state-mandated local program. Existing law authorizes a court to resume dependency jurisdiction over a nonminor former dependent child of the juvenile court and to assume or resume transition jurisdiction over a nonminor former ward of the juvenile court if the nonminor meets specified eligibility criteria and signs a mutual transition or voluntary reentry agreement, as described. This bill would authorize, on and after January 1, 2014, a nonminor who has not attained 21 years of age to petition a specified court for a hearing to determine whether to assume dependency jurisdiction over him or her if he or she received public assistance after attaining 18 years of age, as specified, and the nonminor's former guardian or guardians or adoptive parent or parents died after he or she attained 18 years of age, but before he or she attains 21 years of age. The bill would require the juvenile court in which the petition was filed to order a hearing within 15 judicial days of filing if there is a prima facie showing that the nonminor meets certain eligibility criteria. The bill would require the court, prior to the hearing, to order the county child welfare or probation department to prepare a report that addresses the nonminor's educational or vocational plans, as specified, and recommendations for his or her placement. The bill would authorize the court to assume dependency jurisdiction over a former dependent or ward if, among other things, the nonminor intends and agrees to satisfy certain educational or vocational requirements and signs a voluntary reentry agreement. The bill would require the agency made responsible for the nonminor's placement and care to prepare a new transitional independent living case plan for the nonminor within 60 calendar days of the date the nonminor signs the voluntary reentry agreement and to submit the plan to the court for review, as specified. By imposing new duties on social workers and probation officers, the bill would impose a state-mandated local program. (2) Existing law authorizes the court to make any reasonable orders for the care, supervision, custody, conduct, maintenance, and support of a minor who is adjudged a ward of the court, as specified, and to order the care, custody, and control of the minor to be under the supervision of the probation officer. This bill would make those provisions applicable to nonminors. By imposing additional duties on probation officers, the bill would impose a state-mandated local program. (3) Existing law governs the Aid to Families with Dependent Children-Foster Care Program and provides that nonminor dependents who meet specified criteria are eligible for assistance. This bill would define a "transition dependent" for purposes of these provisions to mean a minor who is between 17 years and 5 months of age and 18 years of age who is subject to the court's transition jurisdiction and would make other conforming and related changes. (4) Existing law establishes the Adoption Assistance Program and specifies the eligibility criteria for benefits to children who received those benefits with respect to a prior adoption that has since been dissolved, as specified, or because the adoptive parents died and other specified criteria are met. This bill would make those benefits available to nonminors. (5) This bill would incorporate additional changes in Sections 727 and 11400 of the Welfare and Institutions Code proposed by AB 346, to become operative only if AB 346 and this bill are both enacted and become effective on or before January 1, 2014, and this bill is enacted last. (6) 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.
Bill status signed all 5 stages cleared
Introduction
Feb 2013
Committee Review
Sep 2013
Assembly Passage
May 2013
Senate Passage
Sep 2013
Signed into Law
Oct 2013
Introduced Feb 21, 2013 Signed Oct 2, 2013
Floor votes · Senate Sep 12, 2013 · Assembly Sep 12, 2013

How they voted

36–0
Passed
Total votes 36
Sep 12, 2013
D Democratic26
26 Yea
100% Yea
R Republican10
10 Yea
100% Yea
Vote distribution
All Yea All Nay Mixed No data
Full legislative history

Actions timeline

Total actions
29
Key actions
13
Committee
13
Amendments
3
Oct 2, 2013
Signed into law
Approved by the Governor.
legislature
Sep 12, 2013
Assembly · Passed
Assembly Vote: pass (68-0)
assembly
Sep 12, 2013
Senate · Passed
Senate Vote: pass (36-0)
senate
Sep 12, 2013
Lower · Passed
Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 78. Noes 0. Page 3299.).
lower
Sep 11, 2013
Introduced
In Assembly. Concurrence in Senate amendments pending.
lower
Aug 30, 2013
Upper · Passed
From committee: Do pass. (Ayes 7. Noes 0.) (August 30).
upper
Aug 19, 2013
Upper · Passed
In committee: Placed on APPR. suspense file.
upper
Aug 8, 2013
Upper · Passed
In committee: Hearing postponed by committee.
upper
Jun 25, 2013
Upper · Passed
From committee: Do pass and re-refer to Com. on APPR. with recommendation: to consent calendar. (Ayes 7. Noes 0.) (June 25). Re-referred to Com. on APPR.
upper
Jun 14, 2013
Introduced
From committee chair, with author's amendments: Amend, and re-refer to committee. Read second time, amended, and re-referred to Com. on JUD.
upper
Jun 12, 2013
Upper · Passed
From committee: Do pass and re-refer to Com. on JUD. (Ayes 6. Noes 0.) (June 11). Re-referred to Com. on JUD.
upper
May 29, 2013
Committee
Referred to Coms. on HUMAN S. and JUD.
upper
May 9, 2013
Lower · Passed
From committee: Do pass. To consent calendar. (Ayes 17. Noes 0.) (May 8).
lower
Apr 23, 2013
Lower · Passed
From committee: Do pass and re-refer to Com. on APPR. with recommendation: to consent calendar. (Ayes 10. Noes 0.) (April 23). Re-referred to Com. on APPR.
lower
Apr 17, 2013
Lower · Passed
From committee: Do pass and re-refer to Com. on JUD. with recommendation: to consent calendar. (Ayes 7. Noes 0.) (April 16). Re-referred to Com. on JUD.
lower
Mar 20, 2013
Committee
Re-referred to Com. on HUM. S.
lower
Mar 19, 2013
Introduced
From committee chair, with author's amendments: Amend, and re-refer to Com. on HUM. S. Read second time and amended.
lower
Mar 19, 2013
Committee
Referred to Coms. on HUM. S. and JUD.
lower
Feb 22, 2013
Lower · Passed
From printer. May be heard in committee March 24.
lower
0 primary · 1 co-sponsor

Sponsors

No sponsor information available.