Foster children: immigration counsel and guardianship.

Existing law requires the State Department of Social Services, subject to the availability of funding, to contract with qualified nonprofit legal services organizations to provide legal services to unaccompanied, undocumented minors, as defined, who are transferred to the care and custody of the federal Office of Refugee Resettlement and who are present in this state. This bill would require a county to make its best efforts to provide an undocumented minor or nonminor dependent in foster care under the jurisdiction of the juvenile court with access to immigration legal services, as specified. Existing law requires, as soon as a placing agency makes a decision with respect to a placement or a change in placement of a dependent child, but not later than the close of the following business day, the placing agency to notify the child's attorney and provide to the child's attorney information regarding the child's address, telephone number, and caregiver. If a placing agency becomes aware that a dependent child or nonminor dependent is an undocumented immigrant, this bill would require the placing agency to notify the dependent child's or nonminor dependent's attorney of that fact. The bill would require electronic or telephonic notice to be provided to the attorney within 5 business days of learning of the minor or nonminor dependent's immigration status. Existing law, until January 1, 2022, authorizes a nonprofit charitable corporation that is not incorporated in this state to be appointed as a guardian of a minor in connection with a petition regarding special immigrant juvenile status, if the nonprofit charitable organization meets specified requirements including that it is licensed by this state to provide care for minors and is contracted by a specific federal office to provide care and custody for the minor. This bill would remove the repeal date, thereby extending this provision indefinitely. By imposing additional duties on counties and county agencies, this 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.