Extended foster care.

AB 2764

California Bills

20250AB__276496AMD INTRODUCED 2026-02-20 AMENDED_SENATE 2026-05-14 AMENDED_SENATE 2026-06-01 AMENDED_SENATE 2026-06-10 2025 AB AMD Introduced by Assembly Member Ahrens (Coauthor: Assembly Member Bennett) LEAD_AUTHOR ASSEMBLY Ahrens COAUTHOR ASSEMBLY Bennett

An act to amend Sections 366.31, 388, 388.1, 391, 727.2, 11363, 11386, 11403, 11405, 16120, and 16501.1 of the Welfare and Institutions Code, relating to foster care. foster care Extended foster care.

Existing law, the California Fostering Connections to Success Act, revises and expands the scope of various programs relating to the provision of cash assistance and other services to and for the benefit of certain foster and adopted children, and other children who have been placed in out-of-home care, including children who receive Aid to Families with Dependent Children-Foster Care (AFDC-FC), Adoption Assistance Program (AAP), California Work Opportunity and Responsibility to Kids (CalWORKs), and Kinship Guardianship Assistance Payment (Kin-GAP) benefits.

Among other provisions, the act extends to nonminor dependents up to years of age the jurisdiction of the juvenile court over a dependent, and specified foster care benefits if specified education or employment requirements are met, including that the nonminor is completing secondary education or a program leading to an equivalent credential or employed for at least hours per month.

This bill would prohibit a nonminor dependent from being denied eligibility for, or have eligibility terminated from, the above-described extended foster care benefits for failure to meet education or employment participation requirements that exceed the previously described education or employment requirements. The bill would also make technical, conforming changes. MAJORITY NO NO NO NO NO NO NO NO NO NO The people of the State of California do enact as follows:

SECTION

Section 366.31 of the Welfare and Institutions Code is amended to read: 366.31. (

a) If a review hearing is the last review hearing to be held before the child attains years of age, the court shall ensure all of the following:

(1) The child’s case plan includes a plan for the child to satisfy one or more of the participation conditions described in subdivision (

b) of

Section 11403, so that the child is eligible to remain in foster care as a nonminor dependent.

(2) The child has been informed of their right to seek termination of dependency jurisdiction pursuant to

Section 391, and understands the potential benefits of continued dependency.

(3) The child is informed of their right to have dependency reinstated pursuant to subdivision (

e) of

Section 388, and understands the potential benefits of continued dependency. (

b) At the review hearing that occurs in the six-month period before the child attains years of age, and at every subsequent review hearing for the nonminor dependent, as described in subdivision (

v) of

Section 11400, the report shall describe all of the following:

(1) The child’s and nonminor dependent’s plans to remain in foster care and plans to meet one or more of the participation conditions as described in subdivision (

b) of

Section to continue to receive AFDC-FC benefits as a nonminor dependent.

(2) The efforts made and assistance provided to the child and nonminor dependent by the social worker or the probation officer so that the child and nonminor dependent will be able to meet the participation conditions.

(3) Efforts toward completing the items described in paragraph (2) of subdivision (

e) of

Section 391.

(4) On and after October 1, 2021, for a child or nonminor dependent whose placement in a short-term residential therapeutic program has been reviewed and approved, and, on and after July 1, 2022, for a child or nonminor dependent whose placement in a community treatment facility has been reviewed and approved, pursuant to

Section 361.22, the report prepared for the review shall include evidence of all of the following: (

A) Ongoing assessment of the strengths and needs of the child or nonminor dependent continues to support the determination that the needs of the child or nonminor dependent cannot be met by family members or in another family-based setting, placement in a short-term residential therapeutic program or community treatment facility, as applicable, continues to provide the most effective and appropriate care setting in the least restrictive environment, and placement is consistent with the short- and long-term mental and behavioral health goals and permanency plan for the child or nonminor dependent. (

B) Documentation of the child or nonminor dependent’s specific treatment or service needs that will be met in the placement and the length of time the child or nonminor dependent is expected to need the treatment or services. For a Medi-Cal beneficiary, the determination of services and expected length of time for those services funded by Medi-Cal shall be based upon medical necessity and on all other state and federal Medi-Cal requirements, and shall be reflected in the documentation. (

C) Documentation of the intensive and ongoing efforts made by the child welfare department, consistent with the child or nonminor dependent’s permanency plan, to prepare the child or nonminor dependent to return home or to be placed with a fit and willing relative, a legal guardian, an adoptive parent, in a resource family home, a tribally approved home, or in another appropriate family-based setting, or, in the case of a nonminor dependent, in a supervised independent living setting. (5) (

A) For a child or nonminor dependent in high school who has been under the jurisdiction of the juvenile court for a year or longer, the information in subparagraph (

B) of paragraph (1) of subdivision (

h) of

Section 366.1. (B) (

i) Whether the social worker or probation officer has informed the minor or nonminor dependent of the information in paragraph (2) of subdivision (

h) of

Section 366.1. (ii) This paragraph does not affect any applicable confidentiality law.

(6) Whether the social worker or probation officer has, pursuant to the requirements of paragraph (22) of subdivision (

g) of

c) The reviews conducted pursuant to this

section for a nonminor dependent shall be conducted in a manner that respects the nonminor’s status as a legal adult, focused on the goals and services described in the youth’s transitional independent living case plan, as described in subdivision (

y) of

Section 11400, including whether the nonminor dependent requests the transfer of jurisdiction to a new county, efforts made to maintain connections with caring and permanently committed adults, and attended, as appropriate, by additional participants invited by the nonminor dependent. (

d) For a nonminor dependent whose case plan is continued court-ordered family reunification services pursuant to

Section 361.6, the court shall consider whether the nonminor dependent may safely reside in the home of the parent or guardian. If the nonminor cannot reside safely in the home of the parent or guardian or if it is not in the nonminor dependent’s best interest to reside in the home of the parent or guardian, the court must consider whether to continue or terminate reunification services for the parent or legal guardian and whether the nonminor dependent requests the transfer of jurisdiction to a new county.

(1) The review report shall include a discussion of all of the following: (

A) Whether foster care placement continues to be necessary and appropriate. (

B) The likely date by which the nonminor dependent may reside safely in the home of the parent or guardian or will achieve independence. (

C) Whether the parent or guardian and nonminor dependent were actively involved in the development of the case plan. (

D) Whether the social worker or probation officer has provided reasonable services designed to aid the parent or guardian to overcome the problems that led to the initial removal of the nonminor dependent. (

E) The extent of progress the parents or guardian have made toward alleviating or mitigating the causes necessitating placement in foster care. (

F) Whether the nonminor dependent and parent, parents, or guardian are in agreement with the continuation of reunification services. (

G) Whether continued reunification services are in the best interest of the nonminor dependent. (

H) Whether there is a substantial probability that the nonminor dependent will be able to safely reside in the home of the parent or guardian by the next review hearing date. (

I) The efforts to maintain the nonminor’s connections with caring and permanently committed adults. (

J) The agency’s compliance with the nonminor dependent’s transitional independent living case plan, including efforts to finalize the nonminor’s permanent plan and prepare the nonminor dependent for independence. (

K) The progress in providing the information and documents to the nonminor dependent as described in

Section 391. (L) (

i) For a nonminor dependent in high school who has been under the jurisdiction of the juvenile court for a year or longer, the information in subparagraph (

B) of paragraph (1) of subdivision (

h) of

Section 366.1. (ii) Whether the social worker or probation officer has informed the nonminor dependent of the information in paragraph (2) of subdivision (

h) of

Section 366.1. (iii) This subparagraph does not affect any applicable confidentiality law. (

M) Whether the social worker or probation officer has, pursuant to the requirements of paragraph (22) of subdivision (

g) of

(2) The court shall inquire about the progress being made to provide a permanent home for the nonminor, shall consider the safety of the nonminor dependent, and shall determine all of the following: (

A) The continuing necessity for, and appropriateness of, the placement. If the child or nonminor dependent is placed in a short-term residential therapeutic program on or after October 1, 2021, or is placed in a community treatment facility on or after July 1, 2022, the court shall consider the evidence and documentation submitted pursuant to paragraph (4) of subdivision (

b) in making this determination. (

B) Whether the agency has made reasonable efforts to maintain relationships between the nonminor dependent and individuals who are important to the nonminor dependent. (

C) The extent of the agency’s compliance with the case plan in making reasonable efforts or, in the case of an Indian child, active efforts, as described in

Section 361.7, to create a safe home of the parent or guardian for the nonminor to reside in or to complete whatever steps are necessary to finalize the permanent placement of the nonminor dependent. (

D) The extent of the agency’s compliance with the nonminor dependent’s transitional independent living case plan, including efforts to finalize the youth’s permanent plan and prepare the nonminor dependent for independence. (

E) The adequacy of services provided to the parent or guardian and to the nonminor dependent. The court shall consider the progress in providing the information and documents to the nonminor dependent as described in

Section 391. The court shall also consider the need for, and progress in providing, the assistance and services described in

Section 391. (

F) The extent of progress the parents or legal guardians have made toward alleviating or mitigating the causes necessitating placement in foster care. (

G) The likely date by which the nonminor dependent may safely reside in the home of the parent or guardian or, if the court is terminating reunification services, the likely date by which it is anticipated the nonminor dependent will achieve independence, or, for an Indian child, in consultation with the child’s tribe, placed for tribal customary adoption. (

H) Whether the agency has made reasonable efforts as required in subparagraph (

D) of paragraph (1) of subdivision (

a) of

Section to establish or maintain the nonminor dependent’s relationship with their siblings who are under the juvenile court’s jurisdiction. (

I) The services needed to assist the nonminor dependent to make the transition from foster care to successful adulthood. (

J) Whether or not reasonable efforts to make and finalize a permanent placement for the nonminor dependent have been made. (K) (

i) If the nonminor dependent is in high school and has been under the jurisdiction of the juvenile court for a year or longer, whether the social worker or probation officer has taken the actions described in subparagraph (

F) of paragraph (1) of subdivision (

a) of

Section 366. (ii) On or before January 1, 2023, the Judicial Council shall amend and adopt rules of court and develop appropriate forms for the implementation of this subparagraph. (L) (

i) Whether the social worker or probation officer has, pursuant to the requirements of paragraph (22) of subdivision (

g) of

Section 16501.1, identified the person or persons who shall be responsible for assisting the child or nonminor dependent with applications for postsecondary education and related financial aid, or that the child or nonminor dependent stated that they do not want to pursue postsecondary education, including career or technical education. (ii) On or before January 1, 2023, the Judicial Council shall amend and adopt rules of court and develop appropriate forms for the implementation of this subparagraph.

(3) If the court determines that a nonminor dependent may safely reside in the home of the parent or former guardian, the court may order the nonminor dependent to return to the family home. After the nonminor dependent returns to the family home, the court may terminate jurisdiction and proceed under applicable provisions of

Section or continue jurisdiction as a nonminor under subdivision (

a) of

Section and hold hearings as follows: (

A) At every hearing for a nonminor dependent residing in the home of the parent or guardian, the court shall set a hearing within six months of the previous hearing. The court shall advise the parties of their right to be present. At least calendar days before the hearing, the social worker or probation officer shall file a report with the court describing the services offered to the family and the progress made by the family in eliminating the conditions or factors requiring court supervision. The report shall address all of the following: (

i) Whether the parent or guardian and the nonminor dependent were actively involved in the development of the case plan. (ii) Whether the social worker or probation officer has provided reasonable services to eliminate the need for court supervision. (iii) The progress of providing information and documents to the nonminor dependent as described in

Section 391. (

B) The court shall inquire about progress being made, shall consider the safety of the nonminor dependent, and shall determine all of the following: (

i) The continuing need for court supervision. (ii) The extent of the agency’s compliance with the case plan in making reasonable efforts to maintain a safe family home for the nonminor dependent. (

C) If the court finds that court supervision is no longer necessary, the court shall terminate jurisdiction under applicable provisions of

Section 391. (

e) For a nonminor dependent who is no longer receiving court-ordered family reunification services and is in a permanent plan of another planned permanent living arrangement, at the review hearing held every six months pursuant to subdivision (

d) of

Section 366.3, the reviewing body shall inquire about the progress being made to provide permanent connections with caring, committed adults for the nonminor dependent, shall consider the safety of the nonminor, shall consider the transitional independent living case plan, and whether the nonminor dependent requests the transfer of jurisdiction to a new county, and shall determine all of the following:

(1) The continuing necessity for, and appropriateness of, the placement.

(2) The continuing appropriateness and extent of compliance with the permanent plan for the nonminor dependent, including efforts to identify and maintain relationships with individuals who are important to the nonminor dependent.

(3) The extent of the agency’s compliance with the nonminor dependent’s transitional independent living case plan, including whether or not reasonable efforts have been made to make and finalize the youth’s permanent plan and prepare the nonminor dependent for independence.

(4) Whether a prospective adoptive parent has been identified and assessed as appropriate for the nonminor dependent’s adoption under this section, whether the prospective adoptive parent has been informed about the terms of the written negotiated adoption assistance agreement pursuant to

Section 16120, and whether adoption should be ordered as the nonminor dependent’s permanent plan. If nonminor dependent adoption is ordered as the nonminor dependent’s permanent plan, a hearing pursuant to subdivision (

f) shall be held within days. When the court orders a hearing pursuant to subdivision (f), it shall direct the agency to prepare a report that shall include the provisions of paragraph (5) of subdivision (f).

(5) For the nonminor dependent who is an Indian child, whether, in consultation with the nonminor’s tribe, the nonminor should be placed for tribal customary adoption.

(6) The adequacy of services provided to the nonminor dependent. The court shall consider the progress in providing the information and documents to the nonminor dependent as described in

Section 391. The court shall also consider the need for, and progress in providing, the assistance and services described in

Section 391.

(7) The likely date by which it is anticipated the nonminor dependent will achieve adoption or independence.

(8) Whether the agency has made reasonable efforts as required in subparagraph (

D) of paragraph (1) of subdivision (

a) of

Section to establish or maintain the nonminor dependent’s relationship with their siblings who are under the juvenile court’s jurisdiction.

(9) The services needed to assist the nonminor dependent to make the transition from foster care to successful adulthood.

(10) When the hearing described in this subdivision is held pursuant to paragraph (3) or (4) of subdivision (

d) of

Section 366.3, and the nonminor dependent has a permanent plan of another planned permanent living arrangement, the court shall do all of the following: (

A) Ask the nonminor dependent about their desired permanency outcome. (

B) Make a judicial determination explaining why, as of the hearing date, another planned permanent living arrangement is the best permanency plan for the nonminor dependent. (

C) State for the record the compelling reason or reasons why it continues not to be in the best interest of the nonminor dependent to return home, be placed for adoption, be placed for tribal customary adoption in the case of an Indian child, be placed with a legal guardian, or be placed with a fit and willing relative. (11) (

A) If the nonminor dependent is in high school and has been under the jurisdiction of the juvenile court for a year or longer, whether the social worker or probation officer has taken the actions described in subparagraph (

F) of paragraph (1) of subdivision (

a) of

Section 366. (

B) On or before January 1, 2023, the Judicial Council shall amend and adopt rules of court and develop appropriate forms for the implementation of this paragraph. (12) (

A) Whether the social worker or probation officer has, pursuant to the requirements of paragraph (22) of subdivision (

g) of

B) On or before January 1, 2023, the Judicial Council shall amend and adopt rules of court and develop appropriate forms for the implementation of this subparagraph. (f)

(1) At a hearing to consider a permanent plan of adoption for a nonminor dependent, the court shall read and consider the report in paragraph (5) and receive other evidence that the parties may present. A copy of the executed negotiated agreement shall be attached to the report. If the court finds pursuant to this

section that nonminor dependent adoption is the appropriate permanent plan, it shall make findings and orders to do the following: (

A) Approve the adoption agreement and declare the nonminor dependent is the adopted child of the adoptive parent, and that the nonminor dependent and adoptive parents agree to assume toward each other the legal relationship of parents and child and to have all of the rights and be subject to all of the duties and responsibilities of that relationship. (

B) Declare that the birth parents of the nonminor dependent are, from the time of the adoption, relieved of all parental duties toward, and responsibility for, the adopted nonminor dependent and have no rights over the adopted nonminor dependent.

(2) If the court finds that the nonminor dependent and the prospective adoptive parent have mutually consented to the adoption, the court may enter the adoption order after it determines all of the following: (

A) Whether the notice was given as required by law. (

B) Whether the nonminor dependent and prospective adoptive parent are present for the hearing. (

C) Whether the court has read and considered the assessment prepared by the social worker or probation officer. (

D) Whether the court considered the wishes of the nonminor dependent. (

E) If the nonminor dependent is eligible, the prospective adoptive parent has signed the negotiated adoption assistance agreement pursuant to subdivision (

g) of

Section 16120, and whether a copy of the executed negotiated agreement is attached to the report. (

F) Whether the adoption is in the best interest of the nonminor dependent.

(3) If the court orders the establishment of the nonminor dependent adoption, it shall dismiss dependency or transitional jurisdiction.

(4) If the court does not order the establishment of the nonminor dependent adoption, the nonminor dependent shall remain in a planned permanent living arrangement subject to periodic review of the juvenile court pursuant to this section.

(5) At least calendar days before the hearing, the social worker or probation officer shall file a report with the court and provide a copy of the report to all parties. The report shall describe the following: (

A) Whether or not the nonminor dependent has any developmental disability and whether the proposed adoptive parent is suitable to meet the needs of the nonminor dependent. (

B) The length and nature of the relationship between the prospective adoptive parent and the nonminor dependent, including whether the prospective adoptive parent has been determined to have been established as the nonminor’s permanent connection. (

C) Whether the nonminor dependent has been determined to be eligible for the adoption assistance program and, if so, whether the prospective adoptive parent has signed the negotiated adoption assistance agreement pursuant to subdivision (

g) of

Section 16120. (

D) Whether a copy of the executed negotiated agreement is attached to the report. (

E) Whether criminal background clearances were completed for the prospective adoptive parent as required by

Section 671(a)(20)(

A) and (a)(20)(

C) of Title of the United States Code. (

F) Whether the prospective adoptive parent who is married and not legally separated from that spouse has the consent of the spouse, provided that the spouse is capable of giving that consent. (

G) Whether the adoption of the nonminor dependent is in the best interests of the nonminor dependent and the prospective adoptive parent. (

H) Whether the nonminor dependent and the prospective adoptive parent have mutually consented to the adoption.

(6) The social worker or probation officer shall serve written notice of the hearing in the manner and to the persons set forth in

Section 295, including the prospective adoptive parent or parents, except that notice to the nonminor’s birth parents is not required.

(7) Nothing in this

section shall prevent a nonminor dependent from filing an adoption petition pursuant to

Section of the Family Code. (

g) Each licensed foster family agency shall submit reports for each nonminor dependent in its care to the court concerning the continuing appropriateness and extent of compliance with the nonminor dependent’s permanent plan, the extent of compliance with the transitional independent living case plan, and the type and adequacy of services provided to the nonminor dependent. The report shall document that the nonminor has received all the information and documentation described in paragraph (2) of subdivision (

e) of

Section 391. If the court is considering terminating dependency jurisdiction for a nonminor dependent it shall first hold a hearing pursuant to

Section 391. (

h) When the nonminor dependent is in another planned permanent living arrangement, the social study prepared for the hearing held under subdivision (

e) shall include a description of all of the following:

(1) The intensive and ongoing efforts to return the nonminor dependent to the home of the parent, place the nonminor dependent for adoption, or place the nonminor dependent with a fit and willing relative, as appropriate.

(2) The steps taken to do both of the following: (

A) Ensure that the nonminor dependent’s care provider is following the reasonable and prudent parent standard. (

B) Determine whether the nonminor dependent has regular, ongoing opportunities to engage in age- or developmentally appropriate activities, including consulting with the nonminor dependent about opportunities for the nonminor dependent to participate in those activities.

SEC. 2.

Section of the Welfare and Institutions Code is amended to read: 388. (a)

(1) Any parent or other person having an interest in a child who is a dependent child of the juvenile court or a nonminor dependent as defined in subdivision (

v) of

Section 11400, or the child or the nonminor dependent through a properly appointed guardian may, upon grounds of change of circumstance or new evidence, petition the court in the same action in which the child was found to be a dependent child of the juvenile court or in which a guardianship was ordered pursuant to

Section for a hearing to change, modify, or set aside any order of court previously made or to terminate the jurisdiction of the court. The petition shall be verified and, if made by a person other than the child or the nonminor dependent, shall state the petitioner’s relationship to or interest in the child or the nonminor dependent and shall set forth in concise language any change of circumstance or new evidence that is alleged to require the change of order or termination of jurisdiction.

(2) When any party, including a child who is a dependent of the juvenile court, petitions the court prior to an order terminating parental rights, to modify the order that reunification services were not needed pursuant to paragraphs (4), (5), and (6) of subdivision (

b) of

Section 361.5, or to modify any orders related to custody or visitation of the subject child, and the court orders a hearing pursuant to subdivision (d), the court shall modify the order that reunification services were not needed pursuant to paragraphs (4), (5), and (6) of subdivision (

b) of

Section 361.5, or any orders related to the custody or visitation of the child for whom reunification services were not ordered pursuant to paragraphs (4), (5), and (6) of subdivision (

b) of

Section 361.5, only if the court finds by clear and convincing evidence that the proposed change is in the best interests of the child. (b)

(1) Any person, including a child or a nonminor dependent who is a dependent of the juvenile court, may petition the court to assert a relationship as a sibling related by blood, adoption, or affinity through a common legal or biological parent to a child who is, or is the subject of a petition for adjudication as, a dependent of the juvenile court, and may request visitation with the dependent child, placement with or near the dependent child, or consideration when determining or implementing a case plan or permanent plan for the dependent child or make any other request for an order which may be shown to be in the best interest of the dependent child.

(2) A child or nonminor dependent who is a dependent of the juvenile court may petition the court to assert a relationship as a sibling related by blood, adoption, or affinity through a common legal or biological parent to a child who is in the physical custody of a common legal or biological parent, and may request visitation with the nondependent sibling in parental custody.

(3) Pursuant to subdivision (

b) of

Section 16002, a request for sibling visitation may be granted unless it is determined by the court that sibling visitation is contrary to the safety and well-being of any of the siblings.

(4) The court may appoint a guardian ad litem to file the petition for a dependent child asserting a sibling relationship pursuant to this subdivision if the court determines that the appointment is necessary for the best interests of the dependent child. The petition shall be verified and shall set forth the following: (

A) Through which parent the dependent child is related to the sibling. (

B) Whether the dependent child is related to the sibling by blood, adoption, or affinity. (

C) The request or order that the petitioner is seeking. (

D) Why that request or order is in the best interest of the dependent child. (c)

(1) Any party, including a child who is a dependent of the juvenile court, may petition the court, prior to the hearing set pursuant to subdivision (

f) of

Section 366.21 for a child described by subparagraph (

A) of paragraph (1) of subdivision (

a) of

Section 361.5, or prior to the hearing set pursuant to subdivision (

e) of

Section 366.21 for a child described by subparagraph (

B) or (

C) of paragraph (1) of subdivision (

a) of

Section 361.5, to terminate court-ordered reunification services provided under subdivision (

a) of

Section 361.5 only if one of the following conditions exists: (

A) It appears that a change of circumstance or new evidence exists that satisfies a condition set forth in subdivision (

b) or (

e) of

Section 361.5 justifying termination of court-ordered reunification services. (

B) The action or inaction of the parent or guardian creates a substantial likelihood that reunification will not occur, including, but not limited to, the parent’s or guardian’s failure to visit the child, or the failure of the parent or guardian to participate regularly and make substantive progress in a court-ordered treatment plan.

(2) In determining whether the parent or guardian has failed to visit the child or participate regularly or make progress in the treatment plan, the court shall consider factors that include, but are not limited to, the parent’s or guardian’s incarceration, institutionalization, detention by the United States Department of Homeland Security, deportation, or participation in a court-ordered residential substance abuse treatment program.

(3) The court shall terminate reunification services during the above-described time periods only upon a finding by a preponderance of evidence that reasonable services have been offered or provided, and upon a finding of clear and convincing evidence that one of the conditions in subparagraph (

A) or (

B) of paragraph (1) exists.

(4) Any party, including a nonminor dependent, as defined in subdivision (

v) of

Section 11400, may petition the court prior to the review hearing set pursuant to subdivision (

d) of

Section 366.31 to terminate the continuation of court-ordered family reunification services for a nonminor dependent who has attained years of age. The court shall terminate family reunification services to the parent or guardian if the nonminor dependent or parent or guardian are not in agreement that the continued provision of court-ordered family reunification services is in the best interests of the nonminor dependent.

(5) If the court terminates reunification services, it shall order that a hearing pursuant to

Section 366.26 be held within days. On and after January 1, 2012, a hearing pursuant to

Section 366.26 shall not be ordered if the child is a nonminor dependent. The court may order a nonminor dependent who is otherwise eligible for AFDC-FC benefits pursuant to

Section to remain in a planned, permanent living arrangement. (

d) If it appears that the best interests of the child or the nonminor dependent may be promoted by the proposed change of order, modification of reunification services, custody, or visitation orders concerning a child for whom reunification services were not ordered pursuant to paragraphs (4), (5), and (6) of subdivision (

b) of

Section 361.5, recognition of a sibling relationship, termination of jurisdiction, or clear and convincing evidence supports revocation or termination of court-ordered reunification services, the court shall order that a hearing be held and shall give prior notice, or cause prior notice to be given, to the persons and in the manner prescribed by

Section 386, and, in those instances in which the manner of giving notice is not prescribed by those sections, then in the manner the court prescribes. (e) (1) (

A) A nonminor who attained years of age while subject to an order for foster care placement and who has not attained years of age, or as described in

Section 10103.5, for whom the court has dismissed dependency jurisdiction pursuant to

Section 391, or delinquency jurisdiction pursuant to

Section 607.2, or transition jurisdiction pursuant to

Section 452, but has retained general jurisdiction under subdivision (

b) of

Section 303, or the county child welfare services, probation department, or tribal placing agency on behalf of the nonminor, may petition the court in the same action in which the child was found to be a dependent or delinquent child of the juvenile court, for a hearing to resume the dependency jurisdiction over a former dependent or to assume or resume transition jurisdiction over a former delinquent ward pursuant to

Section 450. The petition shall be filed within the period that the nonminor is of the age described in this paragraph. If the nonminor has completed the voluntary reentry agreement, as described in subdivision (

z) of

Section 11400, with the placing agency, the agency shall file the petition on behalf of the nonminor within judicial days of the date the agreement was signed unless the nonminor elects to file the petition at an earlier date. (

B) The petition may be brought notwithstanding a court order vacating or dismissing the underlying adjudication pursuant to

Section 236.14 of the Penal Code or

Section of this code. (2) (

A) The petition to resume jurisdiction may be filed in the juvenile court that retains general jurisdiction under subdivision (

b) of

Section 303, or the petition may be submitted to the juvenile court in the county where the youth resides and forwarded to the juvenile court that retained general jurisdiction and filed with that court. The juvenile court having general jurisdiction under

Section shall receive the petition from the court where the petition was submitted within five court days of its submission, if the petition is filed in the county of residence. The juvenile court that retained general jurisdiction shall order that a hearing be held within judicial days of the date the petition was filed if there is a prima facie showing that the nonminor satisfies the following criteria: (

i) The nonminor was previously under juvenile court jurisdiction, subject to an order for foster care placement when the nonminor attained years of age, and has not attained years of age. (ii) The nonminor intends to satisfy at least one of the conditions set forth in subdivision (

b) of

Section 11403. (iii) The nonminor wants assistance either in maintaining or securing appropriate supervised placement, or is in need of immediate placement and agrees to supervised placement pursuant to the voluntary reentry agreement as described in subdivision (

z) of

Section 11400. (

B) Upon ordering a hearing, the court shall give prior notice, or cause prior notice to be given, to the persons and by the means prescribed by

Section 386, except that notice to parents or former guardians shall not be provided unless the nonminor requests, in writing on the face of the petition, notice to the parents or former guardians.

(3) The Judicial Council, by January 1, 2012, shall adopt rules of court to allow for telephonic appearances by nonminor former dependents or delinquents in these proceedings, and for telephonic appearances by nonminor dependents in any proceeding in which the nonminor dependent is a party, and the nonminor declines to appear and elects a telephonic appearance.

(4) Prior to the hearing on a petition to resume dependency jurisdiction or to assume or resume transition jurisdiction, the court shall order the county child welfare or probation department to prepare a report for the court addressing whether the nonminor intends to satisfy at least one of the criteria set forth in subdivision (

b) of

Section 11403. When the recommendation is for the nonminor dependent to be placed in a setting where minor dependents also reside, the results of a background check of the petitioning nonminor conducted pursuant to

Section 16504.5 may be used by the placing agency to determine appropriate placement options for the nonminor. The existence of a criminal conviction is not a bar to eligibility for reentry or resumption of dependency jurisdiction or the assumption or resumption of transition jurisdiction over a nonminor. (5) (

A) The court shall resume dependency jurisdiction over a former dependent or assume or resume transition jurisdiction over a former delinquent ward pursuant to

Section 450, and order that the nonminor’s placement and care be under the responsibility of the county child welfare services department, the probation department, tribe, consortium of tribes, or tribal organization, if the court finds all of the following: (

i) The nonminor was previously under juvenile court jurisdiction, subject to an order for foster care placement when the nonminor attained years of age. (ii) The nonminor has not attained years of age. (iii) Reentry and remaining in foster care are in the nonminor’s best interests. (iv) The nonminor intends to satisfy, and agrees to satisfy, at least one of the criteria set forth in subdivision (

b) of

Section 11403, and demonstrates their agreement to placement in a supervised setting under the placement and care responsibility of the placing agency and to satisfy the criteria by signing the voluntary reentry agreement as described in subdivision (

z) of

Section 11400. (

B) In no event shall the court grant a continuance that would cause the hearing to resume dependency jurisdiction or to assume or resume transition jurisdiction to be completed more than days after the date the petition was filed. (

C) The agency made responsible for the nonminor’s placement and care pursuant to subparagraph (

A) shall prepare a new transitional independent living case plan within calendar days from the date the nonminor signed the voluntary reentry agreement as described in subdivision (

z) of

Section and submit it to the court for the review hearing under

Section 366.31, to be held within days of the resumption of dependency jurisdiction or assumption or resumption of transition jurisdiction. In no event shall the review hearing under

Section 366.3 be held more than calendar days from the date the nonminor signed the voluntary reentry agreement. (f)

(1) For any nonminor dependent who attained years of age while subject to an order for foster care placement and who has not attained years of age, and who, prior to attaining years of age, was not eligible for federal financial participation, as defined in

Section 11402.1, the county child welfare, probation, or tribal placing agency may, on behalf of, and with the consent of, the nonminor dependent, petition the court to dismiss its dependency or transition jurisdiction and immediately resume dependency or transition jurisdiction in order to establish the nonminor dependent’s eligibility for federal financial participation.

(2) A petition filed pursuant to paragraph (1) shall include notice to the nonminor dependent and the nonminor dependent’s attorney.

(3) If the court grants a petition filed pursuant to paragraph (1), the court shall, upon terminating its dependency or transition jurisdiction, maintain general jurisdiction over the nonminor dependent pursuant to

Section and immediately resume dependency or transition jurisdiction. The court may grant the petition without a hearing.

(4) Sections 391, 452, and 607.2 do not apply to a petition filed pursuant to paragraph (1).

(5) Following the granting of a petition filed pursuant to paragraph (1), a new agreement for extended foster care shall be jointly signed by the agency responsible for the nonminor dependent’s placement and care and the nonminor dependent. However, notwithstanding any other law, if the nonminor dependent established a transitional independent living plan prior to the granting of the petition, the agency shall not be required to prepare a new transitional independent living plan as described in subparagraph (

C) of paragraph (5) of subdivision (e).

(6) The county child welfare, probation, or tribal placing agency shall ensure that a nonminor dependent does not experience a break in services or supports before, during, or after the filing or granting of a petition described in paragraph (1).

(7) A county child welfare, probation, or tribal placing agency shall not file a petition described in paragraph (1) if either of the following circumstances is present: (

A) The nonminor dependent is categorically ineligible for federal AFDC-FC benefits. (

B) The nonminor dependent is a member of a tribe and would likely become ineligible for services or supports, or have benefits disrupted, if the county sought to establish eligibility for federal financial participation pursuant to paragraph (1).

(8) By September 1, 2022, the Judicial Council shall develop and implement rules, and develop and adopt appropriate forms, as necessary to implement this subdivision.

(9) The director shall, by July 1, 2022, seek any federal approvals necessary for implementation of this subdivision.

SEC.

Section 388.1 of the Welfare and Institutions Code is amended to read: 388.1. (

a) A nonminor who has not attained years of age may petition the court in which the nonminor previously found to be a dependent or delinquent child of the juvenile court for a hearing to determine whether to assume dependency jurisdiction over the nonminor, if the nonminor meets any of the following descriptions:

(1) The nonminor is a nonminor former dependent, as defined in subdivision (aa) of

Section 11400, who received or, but for the receipt of Supplemental Security Income benefits or other aid from the federal Social Security Administration, would have received aid after attaining years of age under Kin-GAP pursuant to

Article 4.5 (commencing with

Section 11360) or

Article 4.7 (commencing with

Section 11385) of

Chapter of Part of Division 9, or AFDC-FC pursuant to subdivision (

e) of

Section 11405, and whose former guardian or guardians died after the nonminor attained years of age, but before the nonminor attains years of age.

(2) The nonminor is a nonminor former dependent, as defined in subdivision (aa) of

Article 4.5 (commencing with

Section 11360) or

Article 4.7 (commencing with

Section 11385) of

Chapter of Part of Division 9, or AFDC-FC pursuant to subdivision (

e) of

Section 11405, and whose former guardian or guardians no longer provide ongoing support to, and no longer receive aid on behalf of, the nonminor after the nonminor attained years of age, but before the nonminor attains years of age.

(3) The nonminor received adoption assistance payments after attaining years of age pursuant to

Chapter 2.1 (commencing with

Section 16115) of Part of Division and their adoptive parent or parents died after the nonminor attained years of age, but before the nonminor attains years of age.

(4) The nonminor received adoption assistance payments after attaining years of age pursuant to

Chapter 2.1 (commencing with

Section 16115) of Part of Division and their adoptive parent or parents no longer provide ongoing support to, and no longer receive benefits on behalf of, the nonminor after the nonminor attained years of age, but before the nonminor attains years of age. (b)

(1) The petition to assume jurisdiction may be filed in either of the following: (

A) The juvenile court that established the guardianship pursuant to

Section 360,

Section 366.26, or subdivision (

d) of

Section 728. (

B) The juvenile court that had jurisdiction over the minor or nonminor dependent when their adoption was finalized.

(2) A nonminor described in subdivision (

a) may submit a petition to assume dependency jurisdiction to the juvenile court in the county where the nonminor resides. A petition submitted pursuant to this paragraph shall, within five days of submission, be forwarded to the court that had jurisdiction over the child at the time of the guardianship or adoption. The clerk of the court that had jurisdiction over the child at the time of the guardianship or adoption shall file the petition within one judicial day of receipt. (c)

(1) The juvenile court in which the petition was filed shall order a hearing to be held within judicial days of the date the petition was filed if there is a prima facie showing that the nonminor satisfies all of the following criteria: (

A) The nonminor was a minor under juvenile court jurisdiction at the time of the establishment of a guardianship pursuant to

Section 360,

Section 366.26, or subdivision (

d) of

Section 728, or the nonminor was a minor or nonminor dependent when their adoption was finalized. (B) (

i) The nonminor’s guardian or guardians, or adoptive parent or parents, as applicable, died after the nonminor attained years of age, but before the nonminor attained years of age. (ii) The nonminor’s guardian or guardians, or adoptive parent or parents, as applicable, no longer provide ongoing support to, and no longer receive payment on behalf of, the nonminor after the nonminor attained years of age, but before the nonminor attained years of age, and it may be in the nonminor’s best interest for the court to assume dependency jurisdiction. (

C) The nonminor intends to satisfy at least one of the conditions set forth in subdivision (

b) of

Section 11403. (

D) The nonminor is requesting assistance in maintaining or securing appropriate supervised placement, or needs immediate placement and agrees to supervised placement pursuant to the voluntary reentry agreement described in subdivision (

z) of

Section 11400.

(2) Upon ordering a hearing, the court shall give prior notice, or 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 in the petition.

(3) Pursuant to applicable rules of court, the juvenile court shall allow for telephonic appearances by the nonminor in these proceedings and in any proceeding in which the nonminor dependent is a party.

(4) Prior to the hearing, the court shall order the county child welfare or probation department to prepare a report for the court that addresses both of the following: (

A) The nonminor’s plans to satisfy at least one of the criteria set forth in subdivision (

b) of

Section 11403. (

B) The appropriate placement setting for the nonminor. If the recommendation is for the nonminor to be placed in a setting where minor dependents also reside, the results of a background check of the petitioning nonminor conducted pursuant to

Section 16504.5 may be used by the placing agency to determine appropriate placement options for the nonminor.

(5) The court shall assume dependency jurisdiction over a former dependent or ward, and order their placement and care be under the responsibility of the county child welfare services department, the probation department, tribe, consortium of tribes, or tribal organization, if the court finds all of the following: (

A) The nonminor was a minor under juvenile court jurisdiction at the time of the establishment of a guardianship pursuant to

Section 360,

Section 366.26, or subdivision (

d) of

Section 728, or the nonminor was a dependent at the time their adoption was finalized. (

B) The nonminor’s guardian or guardians, or adoptive parent or parents, as applicable, have died, or no longer provide ongoing support to, and no longer receive payment on behalf of, the nonminor, and it is in the nonminor’s best interests for the court to assume dependency jurisdiction. (

C) The nonminor has not attained years of age. (

D) Reentry and remaining in foster care are in the nonminor’s best interests. (

E) The nonminor intends to satisfy, and agrees to satisfy, at least one of the criteria set forth in subdivision (

b) of

Section 11403, and demonstrates their agreement to placement in a supervised setting under the placement and care responsibility of the placing agency by signing the voluntary reentry agreement described in subdivision (

z) of

Section 11400.

(6) The existence of a criminal conviction is not a bar to eligibility for reentry to foster care or assumption of dependency jurisdiction over a nonminor.

(7) The court shall not grant a continuance that would cause the hearing to be completed more than days after the date the petition is filed. (

d) The agency made responsible for the nonminor’s placement and care pursuant to paragraph (5) of subdivision (

c) shall prepare a new transitional independent living case plan within calendar days of the date the nonminor signs the voluntary reentry agreement and shall submit the plan to the court for the review hearing specified in

Section 366.31, to be held within days of the assumption of dependency jurisdiction. The review hearing under

Section 366.31 shall not be held more than calendar days from the date the nonminor signs the voluntary reentry agreement. (e)

(1) A nonminor described in subdivision (

a) may enter into a voluntary reentry agreement as defined in subdivision (

z) of

Section in order to establish eligibility for foster care benefits under subdivision (

e) of

Section before or after filing a petition to assume dependency jurisdiction. If the nonminor enters into a voluntary reentry agreement prior to filing the petition, the nonminor is entitled to placement and supervision pending the court’s assumption of jurisdiction.

(2) If the nonminor completes a voluntary reentry agreement with a placing agency, the placing agency shall file the petition to assume dependency jurisdiction on behalf of the nonminor within judicial days of the date the agreement is signed, unless the nonminor elects to file the petition at an earlier date.

SEC. 4.

Section of the Welfare and Institutions Code is amended to read: 391. (a)

(1) At the first regularly scheduled review hearing held pursuant to subdivision (

d) of

Section 366.3 after a dependent child has attained years of age, the county welfare department shall submit a report verifying that the following information, documents, and services have been provided to the child: (

A) Social security card, if provided to the child pursuant to paragraph (2). (

B) Copy of the birth certificate. (

C) Driver’s license, as described in

Section of the Vehicle Code, or identification card, as described in

Section of the Vehicle Code. (

D) Assistance in obtaining employment, if applicable. (

E) Assistance in applying for, or preparing to apply for, admission to college or to a vocational training program or other educational institution and in obtaining financial aid, where applicable. (

F) Written information notifying the child that current or former dependent children who are or have been in foster care are granted a preference for student assistant or internship positions with state agencies pursuant to

Section of the Government Code, or with participating county agencies pursuant to

Section 31000.11 of the Government Code, until the child attains years of age. (

G) Written information notifying the child of any financial literacy programs or other available resources provided through the county or other community organizations to help the youth obtain financial literacy skills, including, but not limited to, banking, credit card debt, student loan debt, credit scores, credit history, and personal savings.

(2) Except as required by subdivision (b), the child’s social security card may only be provided temporarily to the dependent child for the following purposes: (

A) To enable the child to obtain employment. (

B) To apply for admission to an institution of postsecondary education or a vocational training program. (

C) To apply for financial aid. (

D) To apply for or access public benefits. (

E) As otherwise determined by the child’s caseworker, including, but not limited to, in response to a request from the child.

(3) For purposes of this subdivision, a certified copy of the dependent child’s birth certificate shall be provided upon request of the child. (

b) At the last regularly scheduled review hearing held pursuant to subdivision (

d) of

Section 366.3 before a dependent child attains years of age, the county welfare department shall submit a report verifying that the following information, documents, and services have been provided to the minor or nonminor:

(1) Social security card.

(2) Certified copy of the birth certificate.

(3) Driver’s license, as described in

Section of the Vehicle Code, or identification card, as described in

Section of the Vehicle Code.

(4) Medi-Cal Benefits Identification Card.

(5) A letter prepared by the county welfare department that includes the following information: (

A) The minor’s or nonminor’s name and date of birth. (

B) The dates during which the minor or nonminor was within the jurisdiction of the juvenile court. (

C) A statement that the minor or nonminor was a foster youth in compliance with state and federal financial aid documentation requirements.

(6) If applicable, the death certificate of the parent or parents.

(7) If applicable, proof of the minor’s or nonminor’s citizenship or legal residence.

(8) An advance health care directive form.

(9) The Judicial Council form that the minor or nonminor would use to file a petition pursuant to subdivision (

e) of

Section to resume dependency jurisdiction.

(10) Written information notifying the minor or nonminor that they may be eligible to receive CalFresh benefits, and where the minor or nonminor can apply for CalFresh benefits. (

c) At the last regularly scheduled review hearing held pursuant to subdivision (

d) of

Section 366.3 before a dependent child attains years of age, and at every regularly scheduled review hearing thereafter, the county welfare department shall submit a report describing efforts toward providing the following information, documents, and services to the minor or nonminor:

(1) Assistance in obtaining employment, if applicable.

(2) Assistance in applying for, or preparing to apply for, admission to college or to a vocational training program or other educational institution and in obtaining financial aid, where applicable.

(3) Written information notifying the child that a current or former dependent child who is or has been in foster care is granted a preference for student assistant or internship positions with state agencies pursuant to

Section of the Government Code, or with participating county agencies pursuant to

Section 31000.11 of the Government Code, until the child attains years of age.

(4) Written information notifying the child that youth exiting foster care at years of age or older are eligible for Medi-Cal until they reach years of age, regardless of income, and are not required to submit an application.

(5) Written information notifying the child of any financial literacy programs or other available resources provided through the county or other community organizations to help the youth obtain financial literacy skills, including, but not limited to, banking, credit card debt, student loan debt, credit scores, credit history, and personal savings. (6) (

A) If applicable, referrals to transitional housing, if available, or assistance in securing other housing. (

B) Whether the referrals or assistance as described in subparagraph (

A) have resulted in housing being secured for the minor or nonminor, and, if not, what, if any, different or additional referrals or assistance the department has provided that are intended to secure housing. (

C) The duration of the housing, if known to the department. (

D) If applicable, information, including summaries, describing additional referrals, assistance, or services provided by county departments or agencies other than the county welfare department that are intended to prevent the minor or nonminor from becoming homeless if jurisdiction is terminated pursuant to this section. (

E) The information described in subparagraphs (

B) to (D), inclusive, is required only for reports submitted at the last regularly scheduled review hearing held pursuant to subdivision (

d) of

Section 366.3 before a dependent child attains years of age.

(7) Assistance in maintaining relationships with individuals who are important to a minor or nonminor who has been in out-of-home placement for six months or longer from the date the minor or nonminor entered foster care, based on the minor’s or nonminor’s best interests.

(8) The whereabouts of any siblings under the jurisdiction of the juvenile court, unless the court determines that sibling contact would jeopardize the safety or welfare of either sibling. (

d) The dependency court shall not terminate jurisdiction over a nonminor unless a hearing is conducted pursuant to this section. At any hearing at which the court is considering terminating jurisdiction over a nonminor, the county welfare department shall do all of the following:

(1) Ensure that the dependent nonminor is present in court, unless the nonminor does not wish to appear in court and elects a telephonic appearance, or document reasonable efforts made by the county welfare department to locate the nonminor when the nonminor is not available.

(2) Submit a report describing whether it is in the nonminor’s best interests to remain under the court’s dependency jurisdiction, which includes a recommended transitional independent living case plan for the nonminor when the report describes continuing dependency jurisdiction as being in the nonminor’s best interest.

(3) If the county welfare department recommends termination of the court’s dependency jurisdiction, submit documentation of the reasonable efforts made by the department to provide the nonminor with the assistance needed to meet or maintain eligibility as a nonminor dependent, as defined in subdivision (

b) of

Section 11403.

(4) If the nonminor has indicated that they do not want dependency jurisdiction to continue, the report shall address the manner in which the nonminor was advised of their options, including the benefits of remaining in foster care, and of their right to reenter foster care and to file a petition pursuant to subdivision (

e) of

Section to resume dependency jurisdiction prior to attaining years of age. (e)

(1) The court shall continue dependency jurisdiction over a nonminor who meets the definition of a nonminor dependent as described in subdivision (

v) of

Section unless the court finds either of the following: (

A) That the nonminor does not wish to remain subject to dependency jurisdiction. (

B) That the nonminor is not participating in a reasonable and appropriate transitional independent living case plan.

(2) In making the findings pursuant to paragraph (1), the court shall also find that the nonminor has been informed of their options including the benefits of remaining in foster care and the right to reenter foster care by filing a petition pursuant to subdivision (

e) of

Section to resume dependency jurisdiction and by completing a voluntary reentry agreement pursuant to subdivision (

z) of

Section 11400, and has had an opportunity to confer with their counsel if counsel has been appointed pursuant to

Section 317. (

f) The court may terminate its jurisdiction over a nonminor if the court finds after reasonable and documented efforts the nonminor cannot be located. (

g) When terminating dependency jurisdiction, the court shall maintain general jurisdiction over the nonminor to allow for the filing of a petition to resume dependency jurisdiction under subdivision (

e) of

Section until the nonminor attains years of age, although no review proceedings shall be required. A nonminor may petition the court pursuant to subdivision (

e) of

Section to resume dependency jurisdiction at any time before attaining years of age. (

h) The court shall not terminate dependency jurisdiction over a nonminor dependent who has attained years of age until a hearing is conducted pursuant to this section. Jurisdiction shall not be terminated until the department has submitted a report verifying that the information, documents, and services required under subdivisions (

a) and (b), as well as the following information, documents, and services, have been provided to the nonminor, or in the case of a nonminor who, after reasonable efforts by the county welfare department, cannot be located, verifying the efforts made to make the following available to the nonminor:

(1) Assistance in accessing the Independent Living Aftercare Program in the nonminor’s county of residence, and, upon the nonminor’s request, assistance in completing a voluntary reentry agreement for care and placement pursuant to subdivision (

z) of

Section and in filing a petition pursuant to subdivision (

e) of

Section to resume dependency jurisdiction.

(2) Written information concerning the nonminor’s dependency case, including, but not limited to, all of the following: (

A) Any known information regarding the nonminor’s Indian heritage or tribal connections. (

B) The nonminor’s family history and placement history. (

C) Any photographs of the nonminor or the family of the nonminor in the possession of the county welfare department, other than forensic photographs. (

D) Directions on how to access the documents the nonminor is entitled to inspect under

Section 827. (

E) The written 90-day transition plan prepared pursuant to

Section 16501.1. (

F) The date on which the jurisdiction of the juvenile court would be terminated.

(3) The health and education

summary described in subdivision (

a) of

Section 16010.

(4) The Judicial Council form that the nonminor would use to file a petition pursuant to subdivision (

e) of

Section to resume dependency jurisdiction.

(5) Written verification that the eligible nonminor is enrolled in Medi-Cal and the nonminor’s Medi-Cal Benefits Identification Card.

(6) Continued and uninterrupted enrollment in Medi-Cal for eligible nonminors pursuant to

Section 14005.28 or 14005.285.

(7) Assistance with the following: (

A) Referrals to transitional housing, if available, or assistance in securing other housing. (

B) Obtaining employment or other financial support, if applicable.

(8) The report described in this subdivision, as it relates to the assistance described in subparagraph (

A) of paragraph (7), shall include the following: (

A) Whether the referral or assistance has resulted in housing being secured for the minor or nonminor, and, if not, what, if any, different or additional assistance the department has provided that is intended to secure housing. (

B) The duration of the housing, if known to the department. (

C) If applicable, information, including summaries, describing additional referrals, assistance, or services provided by county departments or agencies other than the county welfare department that are intended to prevent the minor or nonminor from becoming homeless if jurisdiction is terminated pursuant to this section.

SEC.

Section 727.2 of the Welfare and Institutions Code is amended to read: 727.2. The purpose of this

section is to provide a means to monitor the safety and well-being of every minor in foster care who has been declared a ward of the juvenile court pursuant to

Section or and to ensure that everything reasonably possible is done to facilitate the safe and early return of the minor to the minor’s home or to establish an alternative permanent plan for the minor. (

a) If the court orders the care, custody, and control of the minor to be under the supervision of the probation officer for placement pursuant to subdivision (

a) of

Section 727, the juvenile court shall order the probation department to ensure the provision of reunification services to facilitate the safe return of the minor to the minor’s home or the permanent placement of the minor, and to address the needs of the minor while in foster care, except as provided in subdivision (b). (b)

(1) Reunification services need not be provided to a parent or legal guardian if the court finds by clear and convincing evidence that one or more of the following is true: (

A) Reunification services were previously terminated for that parent or guardian, pursuant to

Section 366.21, 366.22, or 366.25, or not offered, pursuant to subdivision (

b) of

Section 361.5, in reference to the same minor. (

B) The parent has been convicted of any of the following: (

i) Murder of another child of the parent. (ii) Voluntary manslaughter of another child of the parent. (iii) Aiding or abetting, attempting, conspiring, or soliciting to commit that murder or manslaughter described in clause (

i) or (ii). (iv) A felony assault that results in serious bodily injury to the minor or another child of the parent. (

C) The parental rights of the parent with respect to a sibling have been terminated involuntarily, and it is not in the best interest of the minor to reunify with the minor’s parent or legal guardian.

(2) If no reunification services are offered to the parent or guardian, the permanency planning hearing, as described in

Section 727.3, shall occur within days of the date of the hearing at which the decision is made not to offer services. (

c) The status of every minor declared a ward and ordered to be placed in foster care shall be reviewed by the court no less frequently than once every six months. The six-month time periods shall be calculated from the date the minor entered foster care, as defined in paragraph (4) of subdivision (

d) of

Section 727.4. If the court so elects, the court may declare the hearing at which the court orders the care, custody, and control of the minor to be under the supervision of the probation officer for foster care placement pursuant to subdivision (

a) of

Section at the first status review hearing. It shall be the duty of the probation officer to prepare a written social study report pursuant to subdivision (

c) of

Section 706.5, including an updated case plan, as described in

Section 706.6, and submit the report to the court prior to each status review hearing, pursuant to subdivision (

b) of

Section 727.4. The social study report shall include all reports the probation officer relied upon in making their recommendations. (

d) Prior to any status review hearing involving a minor in the physical custody of a community care facility or foster family agency, the facility or agency may provide the probation officer with a report containing its recommendations. Prior to any status review hearing involving the physical custody of a foster parent, relative caregiver, preadoptive parent, or legal guardian, that person may present to the court a report containing the person’s recommendations. The court shall consider all reports and recommendations filed pursuant to subdivision (

c) and pursuant to this subdivision. (

e) At any status review hearing prior to the first permanency planning hearing, the court shall consider the safety of the minor and make findings and orders which determine the following:

(1) The continuing necessity for and appropriateness of the placement. If the minor or nonminor dependent is placed in a short-term residential therapeutic program on or after October 1, 2021, or a community treatment facility on or after July 1, 2022, the court shall consider the evidence and documentation submitted in the social study pursuant to subparagraph (

B) of paragraph (1) of subdivision (

c) of

Section 706.5 in making this determination.

(2) The extent of the probation department’s compliance with the case plan in making reasonable efforts, or in the case of a child years of age or older with another planned permanent living arrangement, the ongoing and intensive efforts to safely return the minor to the minor’s home or to complete whatever steps are necessary to finalize the permanent placement of the minor.

(3) Whether there should be any limitation on the right of the parent or guardian to make educational decisions for the minor. That limitation shall be specifically addressed in the court order and may not exceed what is necessary to protect the minor. If the court specifically limits the right of the parent or guardian to make educational decisions for the minor, the court shall at the same time appoint a responsible adult to make educational decisions for the minor pursuant to

Section 726.

(4) The extent of progress that has been made by the minor and parent or guardian toward alleviating or mitigating the causes necessitating placement in foster care.

(5) The likely date by which the minor may be returned to and safely maintained in the home or placed for adoption, appointed a legal guardian, permanently placed with a fit and willing relative, or, if the minor is years of age or older, referred to another planned permanent living arrangement. (6) (

A) In the case of a minor who has reached years of age, the court shall, in addition, determine the services needed to assist the minor to make the transition from foster care to successful adulthood. (

B) The court shall make these determinations on a case-by-case basis and reference in its written findings the probation officer’s report and any other evidence relied upon in reaching its decision. (7) (

A) For a child who is years of age or older, is in junior high, middle, or high school, and has been declared a ward of the juvenile court pursuant to

Section or for a year or longer whether the probation officer has taken the actions described in subparagraph (

F) of paragraph (1) of subdivision (

a) of

Section 366. (

B) On or before January 1, 2023, the Judicial Council shall amend and adopt rules of court and develop appropriate forms for the implementation of this paragraph.

(8) For a child who is years of age or older or for a nonminor dependent, whether the probation officer has, pursuant to the requirements of paragraph (22) of subdivision (

g) of

f) At any status review hearing prior to the first permanency hearing, after considering the admissible and relevant evidence, the court shall order return of the minor to the physical custody of the minor’s parent or legal guardian unless the court finds, by a preponderance of evidence, that the return of the minor to the minor’s parent or legal guardian would create a substantial risk of detriment to the safety, protection, or physical or emotional well-being of the minor. The probation department shall have the burden of establishing that detriment.

In making its determination, the court shall review and consider the social study report, recommendations, and the case plan pursuant to subdivision (

b) of

Section 706.5, the report and recommendations of any child advocate appointed for the minor in the case, and any other reports submitted to the court pursuant to subdivision (d), and shall consider the efforts or progress, or both, demonstrated by the minor and family and the extent to which the minor availed themselves of the services provided. (

g) At all status review hearings subsequent to the first permanency planning hearing, the court shall consider the safety of the minor and make the findings and orders as described in paragraphs (1) to (4), inclusive, and (6) of subdivision (e). The court shall either make a finding that the previously ordered permanent plan continues to be appropriate or shall order that a new permanent plan be adopted pursuant to subdivision (

b) of

Section 727.3. However, the court shall not order a permanent plan of “return to the physical custody of the parent or legal guardian after further reunification services are offered,” as described in paragraph (2) of subdivision (

b) of

Section 727.3. (

h) The status review hearings required by subdivision (

c) may be heard by an administrative review panel, provided that the administrative panel meets all of the requirements listed in subparagraph (

B) of paragraph (7) of subdivision (

d) of

Section 727.4. (i)

(1) At any status review hearing at which a recommendation to terminate delinquency jurisdiction is being considered, or at the status review hearing held closest to the ward attaining years of age, but no fewer than days before the ward’s 18th birthday, the court shall consider whether to modify its jurisdiction pursuant to

Section or and assume transition jurisdiction over the minor pursuant to

Section 450. The probation department shall address this issue in its report to the court and make a recommendation as to whether transition jurisdiction is appropriate for the minor.

(2) The court shall order the probation department or the minor’s attorney to submit an application to the child welfare services department pursuant to

Section to declare the minor a dependent of the court and modify its jurisdiction from delinquency to dependency jurisdiction if it finds both of the following: (

A) The ward does not come within the description set forth in

Section 450, but jurisdiction as a ward may no longer be required. (

B) The ward appears to come within the description of

Section and cannot be returned home safely.

(3) The court shall set a hearing within judicial days of the date of its order issued pursuant to paragraph (2) to review the decision of the child welfare services department and may either affirm the decision not to file a petition pursuant to

Section or order the child welfare services department to file a petition pursuant to

Section 300. (

j) If a review hearing pursuant to this

section is the last review hearing to be held before the minor attains years of age, the court shall ensure that the minor’s transitional independent living case plan includes a plan for the minor to meet one or more of the criteria in subdivision (

b) of

Section 11403, so that the minor can become a nonminor dependent, and that the minor has been informed of the minor’s right to decline to become a nonminor dependent and to seek termination of the court’s jurisdiction pursuant to

Section 607.2.

SEC. 6.

Section of the Welfare and Institutions Code is amended to read: 11363. (

a) Aid in the form of state-funded Kin-GAP shall be provided under this

article on behalf of any child under years of age and to any eligible youth under years of age, as provided in

Section 11403, who satisfies all of the following conditions:

(1) Has been adjudged a dependent child of the juvenile court pursuant to

Section 300, or, effective October 1, 2006, a ward of the juvenile court pursuant to

Section or 602.

(2) Has been residing for at least six consecutive months in the approved home of the prospective relative guardian, as defined in subdivision (

d) of

Section 11362, while under the jurisdiction of the juvenile court or a voluntary placement agreement.

(3) Has had a kinship guardianship established pursuant to

Section or 366.26.

(4) Has had their dependency jurisdiction terminated after January 1, 2000, pursuant to

Section 366.3, or their wardship terminated pursuant to subdivision (

e) of

Section 728, concurrently or subsequently to the establishment of the kinship guardianship. (

b) If the conditions specified in subdivision (

a) are met and, subsequent to the termination of dependency jurisdiction, any parent or person having an interest files with the juvenile court a petition pursuant to

Section to change, modify, or set aside an order of the court, Kin-GAP payments shall continue unless and until the juvenile court, after holding a hearing, orders the child removed from the home of the guardian, terminates the guardianship, or resumes dependency jurisdiction after the court concludes the hearing on the petition filed under

Section 388. (

c) A child or nonminor former dependent or ward shall be eligible for Kin-GAP payments if the child or nonminor former dependent meets one of the following age criteria:

(1) The person is under years of age.

(2) The person is under years of age and has a physical or mental disability that warrants the continuation of assistance.

(3) Through December 31, 2011, the person satisfies the conditions of

Section 11403, and on and after January 1, 2012, the person satisfies the conditions of

Section 11403.01.

(4) The person satisfies the conditions as described in subdivision (d). (

d) Commencing January 1, 2012, state-funded Kin-GAP payments shall continue for youths who have attained years of age and who are under years of age, if they reached years of age before the Kin-GAP negotiated agreement payments commenced, and as described in

Section 10103.5. Effective January 1, 2013, Kin-GAP payments shall continue for youths who have attained years of age and are under years of age, if they reached years of age before the Kin-GAP negotiated agreement payments commenced, and as described in

Section 10103.5. Effective January 1, 2014, Kin-GAP payments shall continue for youths who have attained years of age and are under years of age, if they reached years of age before the Kin-GAP negotiated agreement payments commenced. To be eligible for continued payments, the youth shall satisfy one or more of the conditions specified in subdivision (

b) of

Section 11403. (e)

(1) Termination of the guardianship with a kinship guardian shall terminate eligibility for Kin-GAP unless the conditions in

Section apply. However, an alternate guardian or coguardian is appointed pursuant to

Section 366.3 who is also a kinship guardian, the alternate or coguardian shall be entitled to receive Kin-GAP on behalf of the child pursuant to this article. A new period of six months of placement with the alternate guardian or coguardian shall not be required if that alternate guardian or coguardian has been assessed pursuant to

Section 361.3, subdivision (

a) of

Section 361.4, and paragraph (2), and the court terminates dependency jurisdiction. If a nonminor former dependent is receiving Kin-GAP after years of age and the nonminor former dependent’s former guardian dies, the nonminor former dependent may petition the court for a hearing pursuant to

Section 388.1. (2) (

A) In addition to the state-level criminal records check described in paragraph (2) of subdivision (

a) of

Section 361.4, the county welfare department shall require each prospective alternate guardian or coguardian, and any other person over years of age living in the home, to be fingerprinted, and shall secure from an appropriate law enforcement agency any criminal record of that person to determine whether the person has ever been convicted of a crime other than a minor traffic violation. (

B) If the criminal records check indicates that the prospective alternate guardian or coguardian has been convicted of an offense described in subparagraph (

A) of paragraph (2) of subdivision (

g) of

Section of the Health and Safety Code, the case shall not be eligible for Kin-GAP funding. (

C) If the prospective alternate guardian or coguardian has been convicted of a crime other than a minor traffic violation or arrested for an offense specified in subdivision (

e) of

Section of the Health and Safety Code, except for the civil penalty language, the criminal background check provisions specified in subdivisions (

d) to (g), inclusive, of

Section of the Health and Safety Code shall apply, and an exemption shall be issued prior to issuance of any Kin-GAP funding. Exemptions from the criminal records clearance requirements set forth in this

section may be granted by the county using the exemption criteria specified in subdivision (

g) of

Section of the Health and Safety Code and any applicable written directives or regulations adopted by the department.

(3) A prospective alternate guardian or coguardian shall not be required to be approved as a resource family pursuant to

Section 16519.5 for the sole purpose of receiving Kin-GAP funding on behalf of an eligible child in the care of the prospective alternate guardian or coguardian.

SEC. 7.

Section of the Welfare and Institutions Code is amended to read: 11386. Aid shall be provided under this

article on behalf of a child under years of age, and to any eligible youth under years of age, as provided in

Section 11403, under all of the following conditions: (

a) The child satisfies both of the following requirements:

(1) The child has been removed from their home pursuant to a voluntary placement agreement, or as a result of judicial determination, including being adjudged a dependent child of the court, pursuant to

Section 300, or a ward of the court, pursuant to

Section or 602, to the effect that continuation in the home would be contrary to the welfare of the child.

(2) The child has been eligible for federal foster care maintenance payments under

Article 5 (commencing with

Section 11400) while residing for at least six consecutive months in the approved home of the prospective relative guardian while under the jurisdiction of the juvenile court or a voluntary placement agreement. (

b) Being returned to the parental home or being adopted are not appropriate permanency options for the child. (

c) The child demonstrates a strong attachment to the relative guardian, and the relative guardian has a strong commitment to caring permanently for the child and, with respect to the child who has attained years of age, the child has been consulted regarding the kinship guardianship arrangement. (

d) The child has had a kinship guardianship established pursuant to

Section or 366.26. (

e) The child has had their dependency jurisdiction terminated pursuant to

Section 366.3, or their wardship terminated pursuant to subdivision (

d) of

Section 728, concurrently or subsequently to the establishment of the kinship guardianship. (

f) If the conditions specified in subdivisions (

a) to (e), inclusive, are met and, subsequent to the termination of dependency jurisdiction, any parent or person having an interest files with the juvenile court a petition pursuant to

Section to change, modify, or set aside an order of the court, Kin-GAP payments shall continue unless and until the juvenile court orders the child removed from the home of the guardian, terminates the guardianship, or maintains dependency jurisdiction after the court concludes the hearing on the petition filed under

Section 388. (

g) A child or nonminor former dependent or ward shall be eligible for Kin-GAP payments if they meet one of the following age criteria:

(1) They are under years of age.

(2) They are under years of age and has a physical or mental disability that warrants the continuation of assistance.

(3) Through December 31, 2011, they satisfy the conditions of

Section 11403, and on and after January 1, 2012, they satisfy the conditions of

Section 11403.01.

(4) They satisfy the conditions described in subdivision (h). (

h) Effective January 1, 2012, Kin-GAP payments shall continue for youths who have attained years of age and are under years of age, if they reached years of age before the Kin-GAP negotiated agreement payments commenced, and as described in

b) of

Section 11403. (i)

(1) Termination of the guardianship with a kinship guardian shall terminate eligibility for Kin-GAP, unless the conditions of

Section apply. However, if a successor guardian is appointed pursuant to

Section 366.3 who is also a kinship guardian, the successor guardian shall be entitled to receive Kin-GAP on behalf of the child pursuant to this

article if the reason for the appointment of the successor guardian is the death or incapacity of the kinship guardian and the successor guardian is named in the kinship guardianship assistance agreement or amendment to the agreement. A new period of six months of placement with the successor guardian shall not be required if that successor guardian has been assessed pursuant to

Section 361.3, subdivision (

a) of

Section 361.4, and paragraph (2), and the court terminates dependency jurisdiction, subject to federal approval of amendments to the state plan. (2) (

A) In addition to the state-level criminal records check described in paragraph (2) of subdivision (

a) of

Section 361.4, the county welfare department shall require each prospective successor guardian, and any other person over years of age living in the home, to be fingerprinted, and shall secure from an appropriate law enforcement agency any criminal record of that person to determine whether the person has ever been convicted of a crime other than a minor traffic violation. (

B) If the criminal records check indicates that the prospective successor guardian has been convicted of an offense described in subparagraph (

A) of paragraph (2) of subdivision (

g) of

Section of the Health and Safety Code, the case shall not be eligible for Kin-GAP funding. (

C) If the proposed successor guardian has been convicted of a crime other than a minor traffic violation or arrested for an offense specified in subdivision (

e) of

Section of the Health and Safety Code, except for the civil penalty language, the criminal background check provisions specified in subdivisions (

d) to (g), inclusive, of

section may be granted by the county using the exemption criteria specified in subdivision (

g) of

Section of the Health and Safety Code and any applicable written directives or regulations adopted by the department.

(3) A prospective successor guardian shall not be required to be approved as a resource family pursuant to

Section 16519.5 for the sole purpose of receiving Kin-GAP funding on behalf of an eligible child in the care of the prospective successor guardian.

SEC. 8.

Section of the Welfare and Institutions Code is amended to read: 11403. (

a) It is the intent of the Legislature to exercise the option afforded states pursuant to

Section 475(8) (42 U.S.C.

Sec. 675(8)), and

Section 473(a)(4) (42 U.S.C.

Sec. 673(a)(4)) of the federal Social Security Act, as contained in the federal Fostering Connections to Success and Increasing Adoptions Act of 2008 (Public Law 110-351), to receive federal financial participation for nonminor dependents of the juvenile court who satisfy the conditions of subdivision (b), consistent with their transitional independent living case plan. Nonminor dependents are eligible to receive support until they reach years of age, consistent with their transitional independent living case plan and as described in

Section 10103.5. It is the intent of the Legislature, both at the time of initial determination of the nonminor dependent’s eligibility and throughout the time the nonminor dependent is eligible for aid pursuant to this section, that the social worker or probation officer or Indian tribal placing entity and the nonminor dependent shall work together to ensure the nonminor dependent’s ongoing eligibility. All case planning shall be a collaborative effort between the nonminor dependent and the social worker, probation officer, or Indian tribe, with the nonminor dependent assuming increasing levels of responsibility and independence. (b)

(1) A nonminor dependent receiving aid pursuant to this chapter, who satisfies the age criteria set forth in subdivision (a), shall meet the legal authority for placement and care by being under a foster care placement order by the juvenile court, or the voluntary reentry agreement as set forth in subdivision (

z) of

Section 11400, and is otherwise eligible for AFDC-FC payments pursuant to

Section 11401. A nonminor who satisfies the age criteria set forth in subdivision (a), and who is otherwise eligible, shall continue to receive CalWORKs payments pursuant to

Section 11253, Approved Relative Caregiver Funding Program benefits pursuant to

Section 11461.3, or, as a nonminor former dependent or ward, aid pursuant to Kin-GAP under

Article 4.5 (commencing with

Section 11360) or

Article 4.7 (commencing with

Section 11385) or adoption assistance payments, as specified in

Chapter 2.1 (commencing with

Section 16115) of

Part 4. A nonminor former dependent child or ward of the juvenile court who is receiving AFDC-FC benefits pursuant to

Section and who satisfies the criteria set forth in subdivision (

a) is eligible to continue to receive aid as long as the nonminor is otherwise eligible for AFDC-FC benefits under this subdivision. This subdivision applies when one or more of the following conditions exist: (1)</xhtml:p>"?> (

A) The nonminor is completing secondary education or a program leading to an equivalent credential. (2)</xhtml:p>"?> (

B) The nonminor is enrolled in an institution that provides postsecondary or vocational education. (3)</xhtml:p>"?> (

C) The nonminor is participating in a program or activity designed to promote, or remove barriers to, employment. (4)</xhtml:p>"?> (

D) The nonminor is employed for at least hours per month. (5)</xhtml:p>"?> (

E) The nonminor is incapable of doing any of the activities described in subparagraphs (

A) to (D), inclusive, due to a medical condition, and that incapability is supported by regularly updated information in the case plan of the nonminor. The requirement to update the case plan under this

section does not apply to nonminor former dependents or wards in receipt of Kin-GAP program or Adoption Assistance Program payments.

(2) A nonminor dependent shall not be denied eligibility for, or have eligibility terminated from, receipt of aid pursuant to this

chapter and any other extended foster care benefits provided pursuant to the California Fostering Connections to Success Act (Chapter of the Statutes of 2010) for failure to meet education or employment participation requirements that exceed the requirements described in paragraph (1). This subdivision applies to, but is not limited to, county welfare agencies, judicial officers, and licensed foster care providers. (

c) The county child welfare or probation department, Indian tribe, consortium of tribes, or tribal organization that has entered into an agreement pursuant to

Section 10553.1, shall work together with a nonminor dependent who is in foster care on the nonminor dependent’s 18th birthday and thereafter or a nonminor former dependent receiving aid pursuant to

Section 11405, to satisfy one or more of the conditions described in subparagraphs (

A) to (E), inclusive, of subdivision (

b) and shall certify the nonminor’s applicable condition or conditions in the nonminor’s six-month transitional independent living case plan update, and provide the certification to the eligibility worker and to the court at each six-month case plan review hearing for the nonminor dependent. Relative guardians who receive Kin-GAP payments and adoptive parents who receive adoption assistance payments shall be responsible for reporting to the county welfare agency that the nonminor does not satisfy at least one of the conditions described in subdivision (b).

The social worker, probation officer, or tribal entity shall verify and obtain assurances that the nonminor dependent continues to satisfy at least one of the conditions in subparagraphs (

A) to (E), inclusive, of subdivision (

b) at each six-month transitional independent living case plan update. The six-month case plan update shall certify the nonminor’s eligibility pursuant to subdivision (

b) for the next six-month period. During the six-month certification period, the payee and nonminor shall report any change in placement or other relevant changes in circumstances that may affect payment. The nonminor dependent, or nonminor former dependent receiving aid pursuant to subdivision (

e) of

Section 11405, shall be informed of all due process requirements, in accordance with state and federal law, prior to an involuntary termination of aid, and shall simultaneously be provided with a written explanation of how to exercise their due process rights and obtain referrals to legal assistance. Any notices of action regarding eligibility shall be sent to the nonminor dependent or former dependent, their counsel, as applicable, and the placing worker, in addition to any other payee. Payments of aid pursuant to Kin-GAP under

Article 4.5 (commencing with

Section 11360) or

Article 4.7 (commencing with

Section 11385), adoption assistance payments as specified in

Chapter 2.1 (commencing with

Section 16115) of

Part 4, or aid pursuant to subdivision (

e) of

Section that are made on behalf of a nonminor former dependent shall terminate subject to the terms of the agreements. Subject to federal approval of amendments to the state plan, aid payments may be suspended and resumed based on changes of circumstances that affect eligibility. Nonminor former dependents, as identified in paragraph (2) of subdivision (aa) of

Section 11400, are not eligible for reentry under subdivision (

e) of

Section as nonminor dependents under the jurisdiction of the juvenile court, but may be eligible for reentry pursuant to

Section 388.1 if (1) the nonminor former dependent was receiving or, but for the receipt of Supplemental Security Income benefits or other aid from the federal Social Security Administration, would have received aid under either Kin-GAP pursuant to

Article 4.5 (commencing with

Section 11360) or

Article 4.7 (commencing with

Section 11385) or AFDC-FC pursuant to subdivision (

e) of

Section 11405, or the nonminor was receiving adoption assistance payments, as specified in

Chapter 2.1 (commencing with

Section 16115) of

Part 4, and (2) the nonminor’s former guardian or adoptive parent dies, or no longer provides ongoing support to, and no longer receives benefits on behalf of, the nonminor after the nonminor turns years of age, but before the nonminor turns years of age. Nonminor former dependents requesting the resumption of AFDC-FC payments pursuant to subdivision (

e) of

Section shall complete the applicable portions of the voluntary reentry agreement, as described in subdivision (

z) of

Section 11400. (

d) A nonminor dependent may receive all of the payment directly provided that the nonminor is living independently in a supervised placement, as described in subdivision (

w) of

Section 11400, and that both the youth and the agency responsible for the foster care placement have signed a mutual agreement, as defined in subdivision (

u) of

Section 11400, if the youth is capable of making an informed agreement, that documents the continued need for supervised out-of-home placement, and the nonminor’s and social worker’s or probation officer’s agreement to work together to facilitate implementation of the mutually developed supervised placement agreement and transitional independent living case plan. (

e) Eligibility for aid under this

section shall not terminate until the nonminor dependent attains the age criteria, as set forth in subdivision (a), but aid may be suspended when the nonminor dependent no longer resides in an eligible facility, as described in

Section 11402, or is otherwise not eligible for AFDC-FC benefits under

Section 11401, or terminated at the request of the nonminor, or after a court terminates dependency jurisdiction pursuant to

Section 391, delinquency jurisdiction pursuant to

Section 607.2, or transition jurisdiction pursuant to

Section 452. AFDC-FC benefits to nonminor dependents may be resumed at the request of the nonminor by completing a voluntary reentry agreement pursuant to subdivision (

z) of

Section 11400, before or after the filing of a petition filed pursuant to subdivision (

e) of

Section after a court terminates dependency or transitional jurisdiction pursuant to

Section or delinquency jurisdiction pursuant to

Section 607.2. The county welfare or probation department or Indian tribal entity that has entered into an agreement pursuant to

Section 10553.1 shall complete the voluntary reentry agreement with the nonminor who agrees to satisfy the criteria of the agreement, as described in subdivision (

z) of

Section 11400. The county welfare department or tribal entity shall establish a new child-only Title IV-E eligibility determination based on the nonminor’s completion of the voluntary reentry agreement pursuant to

Section 11401. Pursuant to

Section and subdivision (g), state AFDC-FC benefits are available if all other criteria are met, if the nonminor is determined ineligible for federal financial participation under subdivision (

g) of

Section 11401. The beginning date of aid for either federal or state AFDC-FC for a reentering nonminor who is placed in foster care is the date the voluntary reentry agreement is signed or the nonminor is placed, whichever is later. The county welfare department, county probation department, or tribal entity shall provide a nonminor dependent who wishes to continue receiving aid with the assistance necessary to meet and maintain eligibility. (

f) A nonminor dependent shall not be denied eligibility for, or have eligibility terminated from, receipt of aid pursuant to this

chapter and any other extended foster care benefits provided pursuant to the California Fostering Connections to Success Act (Chapter of the Statutes of 2010) for failure to meet education or employment participation requirements that exceed the requirements described in subdivision (b). This subdivision applies to, but is not limited to, county welfare agencies, judicial officers, and licensed foster care providers. (g)

(1) The county having jurisdiction of the nonminor dependent shall remain the county of payment under this

section regardless of the youth’s physical residence. Nonminor former dependents receiving aid pursuant to subdivision (

e) of

Section shall be paid by their county of residence. Counties may develop courtesy supervision agreements to provide case management and independent living services by the county of residence pursuant to the nonminor dependent’s transitional independent living case plan. Placements made out of state are subject to the applicable requirements of the Interstate Compact on Placement of Children, pursuant to

Part 5 (commencing with

Section 7900) of Division of the Family Code.

(2) The county welfare department, county probation department, or tribal entity shall notify all foster youth who attain years of age and are under the jurisdiction of that county or tribe, including those receiving Kin-GAP, and AAP, of the existence of the aid prescribed by this section.

(3) The department shall seek any waiver to amend its Title IV-E State Plan with the Secretary of the United States Department of Health and Human Services necessary to implement this section. (h)

(1) Subject to paragraph (3), a county shall pay the nonfederal share of the cost of extending aid pursuant to this

section to eligible nonminor dependents who have reached years of age and who are under the jurisdiction of the county, including AFDC-FC payments pursuant to

Section 11401, aid pursuant to Kin-GAP under

Article 4.7 (commencing with

Section 11385), adoption assistance payments as specified in

Chapter 2.1 (commencing with

Section 16115) of

Part 4, and aid pursuant to

Section for nonminor dependents who are residing in the county as provided in paragraph (1) of subdivision (f). A county shall contribute to the CalWORKs payments pursuant to

Section and aid pursuant to Kin-GAP under

Article 4.5 (commencing with

Section 11360) at the statutory sharing ratios in effect on January 1, 2012.

(2) Subject to paragraph (3), a county shall pay the nonfederal share of the cost of providing permanent placement services pursuant to subdivision (

c) of

Section and administering the Aid to Families with Dependent Children Foster Care program pursuant to

Section 15204.9. For purposes of budgeting, the department shall use a standard for the permanent placement services that is equal to the midpoint between the budgeting standards for family maintenance services and family reunification services. (3) (A) (

i) Notwithstanding any other law, a county’s required total contribution pursuant to paragraphs (1) and (2), excluding costs incurred pursuant to

Section 10103.5, shall not exceed the amount of savings in Kin-GAP assistance grant expenditures realized by the county from the receipt of federal funds due to the implementation of

Article 4.7 (commencing with

Section 11385), and the amount of funding specifically included in the Protective Services Subaccount within the Support Services Account within the Local Revenue Fund 2011, plus any associated growth funding from the Support Services Growth Subaccount within the Sales and Use Tax Growth Account to pay the costs of extending aid pursuant to this section. (ii) A county, at its own discretion, may expend additional funds beyond the amounts identified in clause (i). These additional amounts shall not be included in any cost and savings calculations or comparisons performed pursuant to this section. (

B) Beginning in the 2011–12 fiscal year, and for each fiscal year thereafter, funding and expenditures for programs and activities under this

section shall be in accordance with the requirements provided in Sections and 30026.5 of the Government Code. In addition, the following are available to the counties for the purpose of funding costs pursuant to this section: (

i) The savings in Kin-GAP assistance grant expenditures realized from the receipt of federal funds due to the implementation of

Article 4.7 (commencing with

Section 11385). (ii) The savings realized from the change in federal funding for adoption assistance resulting from the enactment of Public Law 110-351 and consistent with subdivision (

d) of

Section 16118. (4) (

A) The limit on the county’s total contribution pursuant to paragraph (3) shall be assessed by the State Department of Social Services, in conjunction with the California State Association of Counties, in 2015–16, to determine if it shall be removed. The assessment of the need for the limit shall be based on a determination on a statewide basis of whether the actual county costs of providing extended care pursuant to this section, excluding costs incurred pursuant to

Section 10103.5, are fully funded by the amount of savings in Kin-GAP assistance grant expenditures realized by the counties from the receipt of federal funds due to the implementation of

Article 4.7 (commencing with

Section 11385) and the amount of funding specifically included in the Protective Services Subaccount within the Support Services Account within the Local Revenue Fund plus any associated growth funding from the Support Services Growth Subaccount within the Sales and Use Tax Growth Account to pay the costs of extending aid pursuant to this section. (

B) If the assessment pursuant to subparagraph (

A) shows that the statewide total costs of extending aid pursuant to this section, excluding costs incurred pursuant to

Section 10103.5, are fully funded by the amount of savings in Kin-GAP assistance grant expenditures realized by the counties from the receipt of federal funds due to the implementation of

Article 4.7 (commencing with

A) of paragraph (3) shall no longer be implemented. (

i) It is the intent of the Legislature that a county currently participating in the Child Welfare Demonstration Capped Allocation Project not be adversely impacted by the department’s exercise of its option to extend foster care benefits pursuant to

Section 673(a)(4) and

Section 675(8) of Title of the United States Code in the federal Social Security Act, as contained in the federal Fostering Connections to Success and Increasing Adoptions Act of 2008 (Public Law 110-351). Therefore, the department shall negotiate with the United States Department of Health and Human Services on behalf of those counties that are currently participating in the demonstration project to ensure that those counties receive reimbursement for these new programs outside of the provisions of those counties’ waiver under Subtitle IV-E (commencing with

Section 470) of the federal Social Security Act (42 U.S.C.

Sec. 670 et seq.). (

j) The department, on or before July 1, 2013, shall develop regulations to implement this

section in consultation with concerned stakeholders, including, but not limited to, representatives of the Legislature, the County Welfare Directors Association of California, the Chief Probation Officers of California, the Judicial Council, representatives of Indian tribes, the California Youth Connection, former foster youth, child advocacy organizations, labor organizations, juvenile justice advocacy organizations, foster caregiver organizations, and researchers. In the development of these regulations, the department shall consider its Manual of Policy and Procedures, Division 30,

Chapter 30-912, 913, 916, and 917, as guidelines for developing regulations that are appropriate for young adults who can exercise incremental responsibility concurrently with their growth and development.

The department, in its consultation with stakeholders, shall take into consideration the impact to the statewide child welfare information system and required modifications needed to accommodate eligibility determination under this section, benefit issuance, case management across counties, and recognition of the legal status of nonminor dependents as adults, as well as changes to data tracking and reporting requirements as required by the Child Welfare System Improvement and Accountability Act as specified in

Section 10601.2, and federal outcome measures as required by the federal John H. Chafee Foster Care Independence Program (42 U.S.C.

Sec. 677(f)). In addition, the department, in its consultation with stakeholders, shall define the supervised independent living setting, which shall include, but not be limited to, apartment living, room and board arrangements, college or university dormitories, and shared roommate settings, and define how those settings meet health and safety standards suitable for nonminors. The department, in its consultation with stakeholders, shall define the six-month certification of the conditions of eligibility pursuant to subdivision (

b) to be consistent with the flexibility provided by federal policy guidance, to ensure that there are ample supports for a nonminor to achieve the goals of the nonminor’s transition independent living case plan. The department, in its consultation with stakeholders, shall ensure that notices of action and other forms created to inform the nonminor of due process rights and how to access them shall be developed, using language consistent with the special needs of the nonminor dependent population. (

k) Notwithstanding the Administrative Procedure Act,

Chapter 3.5 (commencing with

Section 11340) of Part of Division of Title of the Government Code, the department shall prepare for implementation of the applicable provisions of this

section by publishing, after consultation with the stakeholders listed in subdivision (j), all-county letters or similar instructions from the director by October 1, 2011, to be effective January 1, 2012. Emergency regulations to implement the applicable provisions of this act may be adopted by the director in accordance with the Administrative Procedure Act. The initial adoption of the emergency regulations and one readoption of the emergency regulations are deemed to be an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare.

Initial emergency regulations and the first readoption of those emergency regulations are exempt from review by the Office of Administrative Law. The emergency regulations authorized by this

section shall be submitted to the Office of Administrative Law for filing with the Secretary of State and shall remain in effect for no more than days.

SEC. 9.

Section of the Welfare and Institutions Code is amended to read: 11405. (

a) Except for nonminors described in paragraph (2) of subdivision (e), AFDC-FC benefits shall be paid to an otherwise eligible child living with a nonrelated legal guardian, provided that the legal guardian cooperates with the county welfare department in all of the following:

(1) Developing a written assessment of the child’s needs.

(2) Updating the assessment no less frequently than once every six months.

(3) Carrying out the case plan developed by the county. (

b) Except for nonminors described in paragraph (2) of subdivision (e), when AFDC-FC is applied for on behalf of a child living with a nonrelated legal guardian the county welfare department shall do all of the following:

(1) Develop a written assessment of the child’s needs.

(2) Update those assessments no less frequently than once every six months.

(3) Develop a case plan that specifies how the problems identified in the assessment are to be addressed.

(4) Make visits to the child as often as appropriate, but in no event less often than once every six months. (

c) Where the child is a parent and has a child living with them in the same eligible facility, the assessment required by paragraph (1) of subdivision (

a) shall include the needs of their child. (

d) Nonrelated legal guardians of eligible children who are in receipt of AFDC-FC payments described in this

section shall be exempt from the requirement to register with the Statewide Registry of Private Professional Guardians pursuant to former Sections and of the Probate Code. (e)

(1) On and after January 1, 2012, a nonminor youth whose nonrelated guardianship was ordered in juvenile court pursuant to

Section or 366.26, and whose dependency was dismissed, shall remain eligible for AFDC-FC benefits until the youth attains years of age, effective January 1, 2013, until the youth attains years of age, and effective January 1, 2014, until the youth attains years of age, provided that the youth enters into a mutual agreement with the agency responsible for their guardianship, and the youth is meeting the conditions of eligibility, as described in paragraphs (1) to (5), inclusive, of subdivision (

b) of

Section 11403.

(2) A nonminor former dependent or ward, as defined in paragraph (2) of subdivision (aa) of

Section 11400, shall be eligible for benefits under this

section until the youth attains years of age if all of the following conditions are met: (

A) The nonminor former dependent or ward attained years of age while in receipt of Kin-GAP benefits pursuant to

Article 4.7 (commencing with

Section 11385). (

B) The nonminor’s relationship to the kinship guardian is defined in paragraph (2), (3), or (4) of subdivision (

c) of

Section 11391. (

C) The nonminor was under years of age at the time the Kin-GAP negotiated agreement payments commenced. (

D) The guardian continues to be responsible for the support of the nonminor. (

E) The nonminor otherwise is meeting the conditions of eligibility, as described in subdivision (

b) of

Section 11403. (

f) On or after January 1, 2012, a child whose nonrelated guardianship was ordered in probate court pursuant

Article 2 (commencing with

Section 1510) of

Chapter of Part of Division of the Probate Code, who is attending high school or the equivalent level of vocational or technical training on a full-time basis, or who is in the process of pursuing a high school equivalency certificate before their 18th birthday may continue to receive aid following their 18th birthday as long as the child continues to reside in the guardian’s home, remains otherwise eligible for AFDC-FC benefits and continues to attend high school or the equivalent level of vocational or technical training on a full-time basis, or continues to pursue a high school equivalency certificate, and the child may reasonably be expected to complete the educational or training program or to receive a high school equivalency certificate, before their 19th birthday.

Aid shall be provided to an individual pursuant to this

section provided that both the individual and the agency responsible for the foster care placement have signed a mutual agreement, if the individual is capable of making an informed agreement, documenting the continued need for out-of-home placement. (g)

(1) For cases in which a guardianship was established on or before June 30, 2011, or the date specified in a final order, for which the time for appeal has passed, issued by a court of competent jurisdiction in California State Foster Parent Association, et al. v. William Lightbourne, et al. (U.S. Dist. Ct. No. C 07-05086 WHA), whichever is earlier, the AFDC-FC payment described in this

section shall be the foster family home rate structure in effect before the effective date specified in the order described in this paragraph.

(2) For cases in which guardianship has been established on or after July 1, 2011, or the date specified in the order described in paragraph (1), whichever is earlier, and through December 31, 2016, the AFDC-FC payments described in this

section shall be the basic foster family home rate structure effective and available as of December 31, 2016.

(3) For cases in which guardianship has been established by the juvenile court on or after January 1, 2017, and before July 1, 2027, or the effective date specified in paragraph (9) of subdivision (

h) of

Section 11461, the AFDC-FC payments described in this

section shall not exceed the home-based family care rate structure developed pursuant to subdivision (

g) of

Section and

Section 11463. (4) (

A) For cases in which guardianship has been established by the juvenile court on and after the date specified in paragraph (9) of subdivision (

h) of

Section 11461, the rate paid shall not exceed Tier of the Care and Supervision component of the Tiered Rate Structure, as described in subdivision (

h) of

Section 11461, unless the conditions of subparagraph (

B) apply. (

B) Notwithstanding subparagraph (A), the rate paid may exceed Tier 1, but shall not exceed Tier 2, of the Care and Supervision component of the Tiered Rate Structure, as described in subdivision (

h) of

Section 11461, under specific conditions established by the department and based on the assessed needs of the child.

(5) For cases in which guardianship has been established in the probate court on or after January 1, 2017, the AFDC-FC payments described in this

section shall not exceed the basic level rate of the home-based family care rate structure in effect on June 30, 2027.

(6) Beginning with the 2011–12 fiscal year, the AFDC-FC payments identified in this subdivision shall be adjusted annually by the percentage change in the California Necessities Index rate as set forth in paragraph (2) of subdivision (

g) of

Section 11461. (

h) In addition to the AFDC-FC rate paid, all of the following also shall be paid:

(1) A specialized care increment, if applicable, as set forth in subdivision (

e) of

Section 11461.

(2) A clothing allowance, as set forth in subdivision (

f) of

Section 11461.

(3) For a child eligible for an AFDC-FC payment who is a teen parent, the rate shall include the two-hundred-dollar ($200) monthly payment made to the relative caregiver in a whole family foster home pursuant to paragraph (3) of subdivision (

d) of

Section 11465.

SEC. 10.

Section of the Welfare and Institutions Code is amended to read: 16120. A child is eligible for Adoption Assistance Program benefits if all of the conditions specified in subdivisions (

a) to (l), inclusive, are met or if the conditions specified in subdivision (

m) are met. (a)

(1) It has been determined that the child cannot or should not be returned to the home of the child’s parents as evidenced by any of the following: (

A) A petition for termination of parental rig

Document details

Collection	California Bills
Citation	AB 2764
Date	2026-06-10
Type	bill
Language	en
Source	CA_BILL
Identifier	20250AB276496AMD

Extended foster care.

AB 2764

California Bills

SECTION

Section 366.31 of the Welfare and Institutions Code is amended to read: 366.31. (

a) If a review hearing is the last review hearing to be held before the child attains years of age, the court shall ensure all of the following:

(1) The child’s case plan includes a plan for the child to satisfy one or more of the participation conditions described in subdivision (

b) of

Section 11403, so that the child is eligible to remain in foster care as a nonminor dependent.

(2) The child has been informed of their right to seek termination of dependency jurisdiction pursuant to

Section 391, and understands the potential benefits of continued dependency.

(3) The child is informed of their right to have dependency reinstated pursuant to subdivision (

e) of

Section 388, and understands the potential benefits of continued dependency. (

b) At the review hearing that occurs in the six-month period before the child attains years of age, and at every subsequent review hearing for the nonminor dependent, as described in subdivision (

v) of

Section 11400, the report shall describe all of the following:

(1) The child’s and nonminor dependent’s plans to remain in foster care and plans to meet one or more of the participation conditions as described in subdivision (

b) of

Section to continue to receive AFDC-FC benefits as a nonminor dependent.

(3) Efforts toward completing the items described in paragraph (2) of subdivision (

e) of

Section 391. Section 361.22, the report prepared for the review shall include evidence of all of the following: (