AB 890

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.