AB 549

Bill Subjects

Abstract

Existing law establishes the jurisdiction of the juvenile court, which may adjudge a child to be a dependent of the court under certain circumstances, including when the child is abused, a parent or guardian fails to adequately supervise or protect the child, as specified, or a parent or guardian fails to provide the child with adequate food, clothing, shelter, or medical treatment. Existing law requires the juvenile court, after finding that a child is within the dependency jurisdiction of the juvenile court, to hear evidence on the question of the proper disposition to be made of the child. Existing law also requires, for youth who were found to be within the jurisdiction of the juvenile court prior to attaining 18 years of age and who were continuously detained, but who attained 18 years of age prior to the juvenile court holding a dispositional hearing, the court to hold a dispositional hearing if the youth provides informed consent. Existing law requires, for certain youth subject to these provisions who choose not to remain in foster care, the court to set a hearing to terminate jurisdiction. This bill would make youth eligible for a dispositional hearing pursuant to these provisions if, instead of being continuously detained, the youth was continuously subject to a detention order. The bill would also clarify that, for youth subject to those provisions who choose not to remain in foster care, the court is required to set a hearing to terminate dependency jurisdiction and, if the court terminates dependency jurisdiction, the court is required to retain general jurisdiction. This bill would also authorize the court, until January 1, 2023, to hold a dispositional hearing for a youth if, as a result of court closures or delays due to the COVID-19 pandemic, the court was unable to hold a jurisdictional hearing for the youth prior to the youth turning 18 years of age, but the youth has continuously been subject to a detention order and placement and care of the youth has been vested with the county child welfare department. This bill would require the Judicial Council, on or before March 30, 2023, to submit a report related to above-described provisions to the chairs of the Human Services and Judiciary Committees in the Senate and the Assembly. By imposing additional duties on county employees, the bill would impose a state-mandated local program. The California Constitution requires the state to reimburse local agencies and school districts for certain costs mandated by the state. Statutory provisions establish procedures for making that reimbursement. This bill would provide that no reimbursement is required by this act for a specified reason.