AB2764 - Extended foster care.

Amended IN Senate August 21, 2026 Amended IN Senate August 06, 2026 Amended IN Senate June 10, 2026 Amended IN Senate June 01, 2026 Amended IN Senate May 14, 2026 CALIFORNIA LEGISLATURE— 2025–2026 REGULAR SESSION Assembly Bill No. 2764 Introduced by Assembly Member Ahrens (Coauthor: Assembly Member Bennett) February 20, 2026 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. LEGISLATIVE COUNSEL'S DIGEST AB 2764, as amended, Ahrens. 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 21 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 80 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. This bill would incorporate additional changes to Sections 366.31, 11363, 11386, 16120, and 16501.1 of the Welfare and Institutions Code proposed by AB 2478 to be operative only if this bill and AB 2478 are enacted and this bill is enacted last. This bill would incorporate additional changes to Section 388.1 of the Welfare and Institutions Code proposed by AB 1967 to be operative only if this bill and AB 1967 are enacted and this bill is enacted last. This bill would incorporate additional changes to Section 391 of the Welfare and Institutions Code proposed by SB 534 to be operative only if this bill and SB 534 are enacted and this bill is enacted last. 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 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 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 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 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 366 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 [Text truncated for display. Full text available on Congress.gov.]