AB 2764: Extended foster care. - California

08/21/26 - Amended Senate → AB2764 · 3 edits

MINOR

The diff transitions AB 2764 from its August 21, 2026 Amended Senate version to what appears to be a final enrolled version. All visible lines are deletions (876 of 7201 total diff lines shown), indicating a full-text restructuring or reformatting typical of the enrollment process. The bill's substantive purpose - prohibiting denial of extended foster care benefits for nonminor dependents who fail to meet education or employment participation requirements beyond the statutory baseline - is evident from the removed text, but without visible additions, specific changes between versions cannot be confirmed.

Scope change

No scope change can be confirmed from the visible portion of the diff. The bill maintains its focus on extended foster care eligibility protections for nonminor dependents ages 18-21 in California.

TECHNICAL

The entire bill text was restructured in transition from the Amended Senate version to the enrolled version. All 876 visible diff lines are deletions with no corresponding additions shown due to truncation at line 876 of 7201 total lines. This pattern is consistent with a full-text reformatting for enrollment rather than substantive policy changes.

The bill conditionally incorporates changes proposed by AB 2478 (Sections 366.31, 11363, 11386, 16120, 16501.1), AB 1967 (Section 388.1), and SB 534 (Section 391), operative only if all bills are enacted and AB 2764 is enacted last.

SCOPE

The bill's core provision prohibits denying or terminating extended foster care eligibility for nonminor dependents (ages 18-21) based on failure to meet education or employment participation requirements that exceed the statutory minimums (completing secondary education or an equivalent credential, or being employed at least 80 hours per month). This protection is embedded in amendments to Sections 366.31, 388, 388.1, 391, 727.2, 11363, 11386, 11403, 11405, 16120, and 16501.1 of the Welfare and Institutions Code.

08/06/26 - Amended Senate → 08/21/26 - Amended Senate · 3 edits · Aug 21, 2026

MINOR

The August 21, 2026 Senate amendment to AB 2764 adds three incorporation provisions to the legislative digest, making the bill incorporate proposed changes from AB 2478 (affecting Sections 366.31, 11363, 11386, 16120, and 16501.1), AB 1967 (affecting Section 388.1), and SB 534 (affecting Section 391) of the Welfare and Institutions Code. Each incorporation is conditional on all involved bills being enacted and AB 2764 being enacted last, a standard technique to resolve conflicts between bills amending the same code sections. The remaining changes in the diff are formatting and indentation adjustments with no substantive policy impact.

Scope change

The bill's scope expanded to incorporate amendments from three other pending bills (AB 2478, AB 1967, and SB 534) affecting multiple Welfare and Institutions Code sections related to extended foster care, dependency termination, and adoption. The incorporations are conditional on enactment order.

SCOPE

Added incorporation of changes proposed by AB 2478 to Sections 366.31, 11363, 11386, 16120, and 16501.1 of the Welfare and Institutions Code, operative only if both bills are enacted and AB 2764 is enacted last.

Added incorporation of changes proposed by AB 1967 to Section 388.1 of the Welfare and Institutions Code, operative only if both bills are enacted and AB 2764 is enacted last.

Added incorporation of changes proposed by SB 534 to Section 391 of the Welfare and Institutions Code, operative only if both bills are enacted and AB 2764 is enacted last.

06/10/26 - Amended Senate → 08/06/26 - Amended Senate · 3 edits · Aug 6, 2026

MINOR

The August 6 Senate amendment to AB 2764 makes two main types of changes: it removes specific paragraph references (paragraphs (1) to (5), inclusive) when citing the participation conditions in Section 11403(b), replacing them with a general reference to subdivision (b) as a whole, and it updates gendered language throughout to use neutral terms. The removal of specific paragraph numbers makes the bill more resilient to future renumbering or restructuring of Section 11403(b).

TECHNICAL

Throughout the bill, references to 'paragraphs (1) to (5), inclusive, of subdivision (b) of Section 11403' are replaced with simply 'subdivision (b) of Section 11403.' This removes the specific paragraph enumeration and makes the language apply to whatever conditions exist in that subdivision, regardless of how many there are or how they are numbered.

Gendered pronouns ('he or she,' 'his or her') are replaced with gender-neutral alternatives ('the nonminor,' 'their') throughout Sections 388.1 and other provisions. This is a drafting modernization with no substantive policy effect.

The bill title is corrected to remove a duplicate reference to Section 11403 that appeared at the beginning of the list of amended sections.

06/01/26 - Amended Senate → 06/10/26 - Amended Senate · 10 edits · Jun 10, 2026

MAJOR

AB 2764 was dramatically expanded from a narrow amendment to Section 11403 (protecting nonminor dependents from losing extended foster care benefits for failing to meet participation requirements beyond the statutory minimum) to a comprehensive overhaul of review hearing procedures for nonminor dependents across ten sections of the Welfare and Institutions Code. The amended bill now establishes detailed court review requirements, mandates that case plans address extended foster care eligibility before age 18, requires courts to ask nonminors about their desired permanency outcomes, and creates specific procedures for nonminor dependent adoption hearings.

SCOPE

The bill's scope expanded from amending only Section 11403 to amending ten sections: 366.31, 388, 388.1, 391, 727.2, 11363, 11386, 11403, 11405, 16120, and 16501.1 of the Welfare and Institutions Code.

REQUIREMENT

Section 366.31 now requires that at the last review hearing before a child turns 18, the court must ensure the case plan includes a plan for the child to satisfy extended foster care participation conditions, that the child has been informed of their right to seek termination of dependency under Section 391, and that the child understands the benefits of continued dependency.

Review hearing reports for nonminor dependents must now describe: the youth's plans to meet participation conditions, efforts made by social workers or probation officers to help the youth meet those conditions, efforts toward completing Section 391(e) items, evidence supporting continued placement in therapeutic programs, information about postsecondary education assistance, and whether the youth has been informed of their rights under Section 366.1(h).

Courts must now conduct nonminor dependent reviews in a manner that respects the nonminor's status as a legal adult, is focused on transitional independent living case plan goals, and includes consideration of whether the nonminor requests transfer of jurisdiction to a new county.

For nonminors in court-ordered family reunification services, courts must now consider whether the nonminor may safely reside with a parent or guardian, and review reports must address: necessity of foster care placement, likely date for safe return home, parental involvement in case planning, progress toward alleviating causes of removal, agreement between parties on continuation of services, best interest of the nonminor, substantial probability of safe return by next hearing, efforts to maintain connections with caring adults, agency compliance with the transitional independent living case plan, and progress in providing information under Section 391.

If a court determines a nonminor may safely reside with a parent or guardian, it may order return to the family home. After return, the court may terminate jurisdiction or continue it as a nonminor under Section 303(a), holding hearings every six months with specific report requirements and determinations about continuing need for supervision.

For nonminors in a permanent plan of another planned permanent living arrangement (not reunification), courts must now inquire about progress toward permanent connections with caring committed adults, consider the transitional independent living case plan, and make specific judicial determinations including: asking the nonminor about their desired permanency outcome, explaining why another planned permanent living arrangement is the best plan, and stating for the record the compelling reasons why return home, adoption, tribal customary adoption, guardianship, or relative placement is not in the nonminor's best interest.

New procedures for nonminor dependent adoption hearings require the court to read and consider a report with an executed negotiated adoption assistance agreement, make findings that the nonminor and adoptive parent mutually consented, verify notice was given, confirm both parties are present, consider the nonminor's wishes, and determine the adoption is in the nonminor's best interest.

For Indian children who are nonminor dependents, courts must now consider whether, in consultation with the child's tribe, the nonminor should be placed for tribal customary adoption as a permanent plan option.

TECHNICAL

The legislative counsel's digest was updated to note that the bill would also make technical and conforming changes beyond the core eligibility protection provision.

05/14/26 - Amended Senate → 06/01/26 - Amended Senate · 3 edits · Jun 1, 2026

MINOR

The June 1 Senate amendment to AB 2764 makes two substantive changes: it adds Assembly Member Bennett as a coauthor, and it removes 'officers of the court' from the list of entities covered by subdivision (f), which prohibits denying extended foster care eligibility based on requirements beyond those in subdivision (b). A minor drafting edit was also made in subdivision (a) adding the phrase 'pursuant to.' The removal of 'officers of the court' narrows who is explicitly bound by the anti-punishment provision, though judicial officers remain listed.

Scope change

The explicit list of entities bound by subdivision (f)'s prohibition against denying eligibility for exceeding participation requirements was narrowed by removing 'officers of the court,' though judicial officers remain covered.

SCOPE

Subdivision (f) no longer lists 'officers of the court' among the entities to whom the prohibition applies. The list now reads 'county welfare agencies, judicial officers, and licensed foster care providers' instead of the prior 'county welfare agencies, officers of the court, judicial officers, and licensed foster care providers.' This narrows the explicit scope of who is covered by the rule against denying eligibility for exceeding participation requirements.

TECHNICAL

Assembly Member Bennett was added as a coauthor of the bill.

Subdivision (a) line 4 was changed from 'option afforded states under Section 475(8)' to 'option afforded states under pursuant to Section 475(8),' adding the phrase 'pursuant to' while leaving the word 'under' in place, creating a minor redundancy.

02/20/26 - Introduced → 05/14/26 - Amended Senate · 3 edits · May 14, 2026

MINOR

The Senate amendment to AB 2764 makes one substantive policy change and several technical corrections. The key policy change adds 'judicial officers' to the list of entities prohibited from denying or terminating a nonminor dependent's extended foster care eligibility based on participation requirements that exceed statutory standards. The remaining changes are primarily cleanup of duplicate subdivision labels and a likely drafting typo.

ENFORCEMENT

Subdivision (f) now explicitly includes 'judicial officers' alongside 'officers of the court' as entities prohibited from denying or terminating extended foster care eligibility for failure to meet participation requirements that exceed those in subdivision (b). This closes a potential gap by ensuring judges cannot use overly strict participation standards to cut off benefits.

TECHNICAL

Subdivision (b)(3) contains what appears to be a drafting error: 'remove barriers to to, employment' instead of the original 'remove barriers to employment.' This introduces an extra word and comma that likely should be corrected in a subsequent amendment.

Duplicate empty subdivision labels were removed throughout the bill (previously there were two subdivisions labeled (f), (g), (h), (i), and (j) each, with the second being empty). The Senate version consolidates these into single properly numbered subdivisions, and cross-references were updated accordingly (e.g., 'subdivision (i), (j)' changed to 'subdivision (j)').

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