Bill Full Text
Home
-
Bills
-
Bill
-
Authors
-
Dates
-
Locations
-
Analyses
-
Organizations
<?xml version="1.0" ?>
<ns0:MeasureDoc xmlns:html="http://www.w3.org/1999/xhtml" xmlns:ns0="http://lc.ca.gov/legalservices/schemas/caml.1#" xmlns:ns3="http://www.w3.org/1999/xlink" xmlns:xsi="http://www.w3.org/2001/XMLSchema-instance" version="1.0" xsi:schemaLocation="http://lc.ca.gov/legalservices/schemas/caml.1# xca.1.xsd">
<ns0:Description>
<ns0:Id>20250AB__049499INT</ns0:Id>
<ns0:VersionNum>99</ns0:VersionNum>
<ns0:History>
<ns0:Action>
<ns0:ActionText>INTRODUCED</ns0:ActionText>
<ns0:ActionDate>2025-02-10</ns0:ActionDate>
</ns0:Action>
</ns0:History>
<ns0:LegislativeInfo>
<ns0:SessionYear>2025</ns0:SessionYear>
<ns0:SessionNum>0</ns0:SessionNum>
<ns0:MeasureType>AB</ns0:MeasureType>
<ns0:MeasureNum>494</ns0:MeasureNum>
<ns0:MeasureState>INT</ns0:MeasureState>
</ns0:LegislativeInfo>
<ns0:AuthorText authorType="LEAD_AUTHOR">Introduced by Assembly Member Davies</ns0:AuthorText>
<ns0:Authors>
<ns0:Legislator>
<ns0:Contribution>LEAD_AUTHOR</ns0:Contribution>
<ns0:House>ASSEMBLY</ns0:House>
<ns0:Name>Davies</ns0:Name>
</ns0:Legislator>
</ns0:Authors>
<ns0:Title> An act to amend Sections 17.1 and 375 of the Welfare and Institutions Code, relating to juveniles. </ns0:Title>
<ns0:RelatingClause>juveniles</ns0:RelatingClause>
<ns0:GeneralSubject>
<ns0:Subject>Nonminor dependents: transfer of county of residence.</ns0:Subject>
</ns0:GeneralSubject>
<ns0:DigestText>
<html:p>Existing law authorizes the residence of a nonminor dependent to be changed to another county where they are living if the court finds that the nonminor dependent has had a continuous physical presence in the new county for one year as a nonminor dependent and the nonminor dependent expressed intent to remain in that county. Existing law requires the juvenile court of the county where that nonminor dependent then resides to take jurisdiction of the case upon the receipt and filing of the finding of the facts and an order transferring the case.</html:p>
<html:p>This bill would additionally authorize the residence of a nonminor dependent to be changed to another county where they are living if the nonminor dependent requests the transfer of jurisdiction to the new county and demonstrates an intent to remain in the new county by establishing a significant connection
to the new county, as specified. The bill would require a court issuing an order to transfer the case pursuant to this new authority to issue the order within 30 calendar days of the nonminor dependent’s request, and deems the new county to have jurisdiction over the nonminor dependent within 10 calendar days of an issuance of an order to transfer.</html:p>
</ns0:DigestText>
<ns0:DigestKey>
<ns0:VoteRequired>MAJORITY</ns0:VoteRequired>
<ns0:Appropriation>NO</ns0:Appropriation>
<ns0:FiscalCommittee>NO</ns0:FiscalCommittee>
<ns0:LocalProgram>NO</ns0:LocalProgram>
</ns0:DigestKey>
<ns0:MeasureIndicators>
<ns0:ImmediateEffect>NO</ns0:ImmediateEffect>
<ns0:ImmediateEffectFlags>
<ns0:Urgency>NO</ns0:Urgency>
<ns0:TaxLevy>NO</ns0:TaxLevy>
<ns0:Election>NO</ns0:Election>
<ns0:UsualCurrentExpenses>NO</ns0:UsualCurrentExpenses>
<ns0:BudgetBill>NO</ns0:BudgetBill>
<ns0:Prop25TrailerBill>NO</ns0:Prop25TrailerBill>
</ns0:ImmediateEffectFlags>
</ns0:MeasureIndicators>
</ns0:Description>
<ns0:Bill id="bill">
<ns0:Preamble>The people of the State of California do enact as follows:</ns0:Preamble>
<ns0:BillSection id="id_D0B15215-765B-420E-B451-696A4EAE5FAB">
<ns0:Num>SECTION 1.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:WIC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'17.1.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 17.1 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_D70DEC9B-E0EE-4738-B048-D52F100FB936">
<ns0:Num>17.1.</ns0:Num>
<ns0:LawSectionVersion id="id_8D812CCF-2D71-4914-A121-963BB2E7C847">
<ns0:Content>
<html:p>Unless otherwise provided under this code, including, but not limited to, Section 375, and to the extent not in conflict with federal law, the residence of a minor person, or a nonminor dependent, as described in subdivision (v) of Section 11400, shall be determined by the following rules:</html:p>
<html:p>
(a)
<html:span class="EnSpace"/>
The residence of the parent with whom a child maintains their place of abode or the
residence of any individual who has been appointed legal guardian or the individual who has been given the care or custody by a court of competent jurisdiction, determines the residence of the child.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
Wherever in this section it is provided that the residence of a child is determined by the residence of the person who has custody, “custody” means the legal right to custody of the child unless that right is held jointly by two or more persons, in which case “custody” means the physical custody of the child by one of the persons sharing the right to custody.
</html:p>
<html:p>
(c)
<html:span class="EnSpace"/>
The residence of a foundling shall be deemed to be that of the county in which the child is found.
</html:p>
<html:p>
(d)
<html:span class="EnSpace"/>
If the residence of the child is not determined under subdivision (a), (b), (c), or (e), the county in which the child is living shall be deemed the county
of residence, if and when the child has had a physical presence in the county for one year.
</html:p>
<html:p>
(e)
<html:span class="EnSpace"/>
If the child has been declared permanently free from the custody and control of their parents,
the child’s residence is the county in which the court issuing the order is situated.
</html:p>
<html:p>
(f)
<html:span class="EnSpace"/>
If a nonminor dependent under the dependency jurisdiction or transition jurisdiction of the juvenile court is placed in a planned permanent living arrangement, as described in subdivision (i) of Section 366.3, the county in which the nonminor dependent is living may be deemed the county of residence, if and when the nonminor dependent has had a continuous physical presence in the county for one year as a nonminor dependent and the nonminor dependent expressed their intent to remain in that county.
</html:p>
<html:p>
(g)
<html:span class="EnSpace"/>
If a nonminor dependent’s dependency jurisdiction has
been resumed, or transition jurisdiction assumed or resumed by the juvenile court that retained general jurisdiction pursuant to subdivision (b) of Section 303, as a result of the filing of a petition pursuant to subdivision (e) of Section 388, following the granting of the petition, the county in which the nonminor dependent is living at the time the petition was filed may be deemed the county of residence, if and when the nonminor dependent establishes that they have had a continuous physical presence in the county for one year and has expressed
their intent to remain in that county. The period of continuous physical presence in the county shall include any period of continuous residence in the county immediately prior to the filing of the petition.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
<ns0:BillSection id="id_CAA19472-5502-4FF2-BDEE-FC774E2AC2EB">
<ns0:Num>SEC. 2.</ns0:Num>
<ns0:ActionLine action="IS_AMENDED" ns3:href="urn:caml:codes:WIC:caml#xpointer(%2Fcaml%3ALawDoc%2Fcaml%3ACode%2Fcaml%3ALawHeading%5B%40type%3D'DIVISION'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'PART'%20and%20caml%3ANum%3D'1.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'CHAPTER'%20and%20caml%3ANum%3D'2.'%5D%2Fcaml%3ALawHeading%5B%40type%3D'ARTICLE'%20and%20caml%3ANum%3D'11.'%5D%2Fcaml%3ALawSection%5Bcaml%3ANum%3D'375.'%5D)" ns3:label="fractionType: LAW_SECTION" ns3:type="locator">
Section 375 of the
<ns0:DocName>Welfare and Institutions Code</ns0:DocName>
is amended to read:
</ns0:ActionLine>
<ns0:Fragment>
<ns0:LawSection id="id_4F2390EB-9C92-4C43-B155-FD8F06B7B8D4">
<ns0:Num>375.</ns0:Num>
<ns0:LawSectionVersion id="id_387BEE9B-5CBC-4C20-9AAC-CD7EF7FC04AC">
<ns0:Content>
<html:p>
(a)
<html:span class="EnSpace"/>
Whenever a petition is filed in the juvenile court of a county other than the residence of the person named in the petition, or whenever, subsequent to the filing of a petition in the juvenile court of the county where that minor resides, the residence of the person who would be legally entitled to the custody of the minor were it not for the existence of a court order issued pursuant to this chapter is changed to another county, the entire case may be transferred to the juvenile court of the county where that person then resides at any time after the court has made a finding of the facts upon which it has exercised its jurisdiction over the minor, and the juvenile court of the county where that person then resides shall take jurisdiction of the case upon the receipt and filing of the finding of the facts upon which the court
exercised its jurisdiction and an order transferring the case.
</html:p>
<html:p>
(b)
<html:span class="EnSpace"/>
(1)
<html:span class="EnSpace"/>
(A)
<html:span class="EnSpace"/>
Whenever a minor under the dependency jurisdiction or transition jurisdiction of the juvenile court attains 18 years of age and remains under the court’s jurisdiction as a nonminor dependent, as defined in subdivision (v) of Section 11400, the residence of the nonminor dependent may be changed to another county if the court finds that the nonminor dependent meets either of the following conditions:
</html:p>
<html:p>
(i)
<html:span class="EnSpace"/>
The conditions set forth in subdivision (f) of Section 17.1.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
The nonminor dependent requests the transfer of jurisdiction to a new county and demonstrates an intent to remain in the new county by establishing a significant connection to the new county, which may include, but is not limited to, any of the following:
</html:p>
<html:p>
(I)
<html:span class="EnSpace"/>
Employment in the new county.
</html:p>
<html:p>
(II)
<html:span class="EnSpace"/>
Enrollment in an educational or vocational program in the new county.
</html:p>
<html:p>
(III)
<html:span class="EnSpace"/>
Housing in the new county, as evidenced by a rental or lease agreement, housing assistance approval, Supervised Independent Living Placement Approval and Placement Agreement form, a documented agreement for housing with a private party or transitional housing
program in the new county, verification of housing through a transitional housing program, or supervised independent living placement approval by a social worker.
</html:p>
<html:p>
(IV)
<html:span class="EnSpace"/>
Family or other supportive connections in the new county. For purposes of this section, “supportive connections” means relationships that provide emotional or social support to the nonminor dependent, including, but not limited to, family members, mentors, close friends, or community ties.
</html:p>
<html:p>
(B)
<html:span class="EnSpace"/>
(i)
<html:span class="EnSpace"/>
Pursuant to subparagraph (A), the entire case may be ordered to be transferred to the juvenile court of the county where the nonminor dependent then resides at any
time after the court has made a finding of the facts upon which the court has exercised its jurisdiction over the nonminor. The juvenile court of the county where a nonminor then resides shall take jurisdiction of the case upon the receipt and filing of that finding and an order transferring the case.
</html:p>
<html:p>
(ii)
<html:span class="EnSpace"/>
A court issuing an order to transfer the case pursuant to clause (ii) of subparagraph (A) shall issue the order within 30 calendar days of the nonminor dependent’s request.
</html:p>
<html:p>
(iii)
<html:span class="EnSpace"/>
If the court issues an order to transfer the case, the new county shall be deemed to have jurisdiction over the nonminor dependent within 10 calendar days of the issuance of the order.
</html:p>
<html:p>
(2)
<html:span class="EnSpace"/>
Whenever a petition pursuant to subdivision
(e) of Section 388 is submitted in the juvenile court of a county other than the county that retained general jurisdiction under subdivision (b) of Section 303 of the nonminor dependent, as defined in subdivision (v) of Section 11400, the residence of the nonminor dependent may be changed to another county if the nonminor dependent meets the conditions of subdivision (g) of Section 17.1. The entire case may be transferred to the juvenile court of the county where the nonminor dependent then resides at any time after the county that retained general jurisdiction has granted the petition and resumed dependency jurisdiction, or has assumed or resumed transition jurisdiction. The juvenile court of the county where the nonminor then resides shall take jurisdiction of the case upon the receipt and filing of the finding of the facts upon which the court exercised its jurisdiction over the nonminor and an order transferring the case.
</html:p>
</ns0:Content>
</ns0:LawSectionVersion>
</ns0:LawSection>
</ns0:Fragment>
</ns0:BillSection>
</ns0:Bill>
</ns0:MeasureDoc>