AB890 - Nonminor dependents: county of residence.

Assembly Bill No. 890 CHAPTER 281 An act to amend Sections 17.1, 366.31, and 375 of the Welfare and Institutions Code, relating to juveniles. [ Approved by Governor October 03, 2025. Filed with Secretary of State October 03, 2025. ] LEGISLATIVE COUNSEL'S DIGEST AB 890, Lee. Nonminor dependents: county of residence. Existing law specifies the rules to be used when determining the residence of a child or a nonminor dependent for purposes of the Welfare and Institutions Code, and under certain circumstances, the county in which the child or nonminor dependent is living is deemed the county of residence if the child or nonminor dependent has had a physical presence in the county for one year, and in the case of a nonminor dependent, they have expressed their intent to remain in that county. 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. 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 the court finds that the transfer is in the best interest of the nonminor dependent, 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 court 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. Existing law specifies conditions for a review hearing that is the last hearing held before a child attains 18 years of age or that is held in the 6-month period before the child attains 18 years of age, and for subsequent review hearings for the nonminor dependent, including that the hearings be conducted in a manner that respects the nonminor’s status as a legal adult and is focused on the goals and services described in the youth’s transitional independent living case plans. This bill would require during those and other certain review hearings that the court consider whether the nonminor dependent requests the transfer of jurisdiction to a new county. Digest Key Vote: MAJORITY Appropriation: NO Fiscal Committee: NO Local Program: NO Bill Text The people of the State of California do enact as follows: SECTION 1. Section 17.1 of the Welfare and Institutions Code is amended to read: 17.1. Unless otherwise provided under this code, including, but not limited to, Sections 366.31 and 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: (a) 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. (b) 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. (c) The residence of a foundling shall be deemed to be that of the county in which the child is found. (d) 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. (e) 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. (f) 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. (g) 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. SEC. 2. 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 18 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 paragraphs (1) to (5), inclusive, of 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 18 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 paragraphs (1) to (5), inclusive, of subdivision (b) of Section 11403 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 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. (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 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. (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 [Text truncated for display. Full text available on Congress.gov.]