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. Existing law prescribes the circumstances upon which the court appoints counsel for a child, a nonminor dependent, or their parent or guardian in dependency proceedings. Under existing law, in the case of a nonminor dependent, representation by counsel is not provided for a parent, unless the parent is receiving court-ordered family reunification services. 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. For purposes of these provisions, the fact that a youth has attained 18 years of age would not be cause to relieve counsel appointed in dependency proceedings. 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 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.