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§2.13 Petition to Resume Jurisdiction Over Nonminor

[1] Petition
[2] Time of Filing and Venue
[3] Prima Facie Showing and Notice
[4] Evidence and Findings
[5] New Case Plan

[1] Petition

A nonminor who attained 18 years of age while subject to a foster care placement order and,

  • commencing January 1, 2012, who has not attained 19 years of age, or
  • commencing January 1, 2013, 20 years of age, or
  • commencing January 1, 2014, 21 years of age,

for whom the court has dismissed dependency jurisdiction, delinquency jurisdiction, or transition jurisdiction, but has retained general jurisdiction [WIC §303(b)], may petition the court in the same action in which he or she was found to be a dependent or delinquent child for a hearing

  • to resume the dependency jurisdiction over a former dependent, or
  • to assume or resume transition jurisdiction over a former delinquent ward.

[WIC §388(e)(1); see WIC §§450–452 (transition jurisdiction).]  The county child welfare services, probation department, or tribal placing agency may also petition to resume jurisdiction on behalf of the nonminor. [WIC §388(e)(1).] The request must be made on the Request to Return to Juvenile Court Jurisdiction and Foster Care, form JV-466. [CRC 5.906(b)(1).] If the nonminor wishes to keep his contact information confidential, he or she should use form JV-468. The request must be liberally construed in favor of its sufficiency. [CRC 5.906(b)(2) (including contents of request).]

Tip

[2] Time of Filing and Venue

The petition must be filed while the nonminor is one of the ages specified in [1], above. [WIC §388(e)(1).] If the nonminor completes a voluntary reentry agreement [see WIC §11400(z)] with the placing agency, the agency must file the petition on behalf of the nonminor within 15 judicial days of the date the agreement was signed unless the nonminor elects to file the petition at an earlier date. [WIC §388(e)(1); CRC 5.906(c)(4).]

The petition may be filed in the juvenile court that maintained general jurisdiction [WIC §303(b)], or it may be submitted to the juvenile court in the county where the youth resides and forwarded to the juvenile court that retained general jurisdiction and filed with that court. The juvenile court with general jurisdiction must receive the petition from the court where the petition was submitted within five court days of its submission, if the petition is filed in the county of residence. [WIC §388(e)(2)(A); CRC 5.906(c)(2)–(3).] No filing fees are required. [CRC 5.906(c)(5).]

You must not grant a continuance that would cause the hearing to resume dependency jurisdiction or to assume or resume transition jurisdiction to be completed more than 120 days after the date the petition was submitted. [WIC §388(e)(5)(C).]

[3] Prima Facie Showing and Notice

The juvenile court that retained general jurisdiction must order that a hearing be held within 15 judicial days of the date the petition was filed if there is a prima facie showing that the nonminor satisfies the following criteria [WIC §388(e)(2)(A); CRC 5.906(f)]:

  • He or she was previously under juvenile court jurisdiction, subject to an order for foster care placement when he or she attained 18 years of age, and has not attained the described age limits.
  • He or she intends to satisfy at least one of the following conditions:
    • The nonminor is completing secondary education or a program leading to an equivalent credential.
    • The nonminor is enrolled in an institution that provides postsecondary or vocational education.
    • The nonminor is participating in a program or activity designed to promote or remove barriers to employment.
    • The nonminor is employed for at least 80 hours per month.
    • The nonminor is incapable of doing any of the above activities due to a medical condition, which is documented by regularly updated information in the case plan.
  • He or she wants assistance either in maintaining or securing appropriate supervised placement, or is in need of immediate placement and agrees to supervised placement pursuant to the voluntary reentry agreement.

Caution

You must give prior notice, or cause prior notice to be given, to the social worker and nonminor’s counsel of record. Notice to parents or former guardians, however, must be requested by the nonminor in writing on the face of the petition. The court clerk must serve  notice no later than five days before the hearing. [WIC §§386,388(e)(2)(B); see CRC 5.906(g).]

On the nonminor’s request, you must appoint the court-appointed attorney who represented the nonminor at previous proceedings solely for the purpose of the hearing on the request to resume jurisdiction, if the attorney is available to accept the appointment. If the nonminor does make a request, you must appoint an attorney from the local juvenile court panel solely for the purpose of this hearing. [CRC 5.906(e)(1)–(2).]

All hearings involving a nonminor dependent must be conducted in a manner that respects the person’s legal status as an adult. [CRC 5.900(d)(1).]

[4] Evidence and Findings

You must order the county child welfare or probation department or Indian tribe that has entered into an agreement to prepare a report addressing whether the nonminor intends to satisfy at least one of the educational or employment criteria in WIC §11403(b). When the recommendation is for the nonminor dependent to be placed in a setting where minor dependents also reside, you may review the results of a background check of the petitioning nonminor. The existence of a criminal conviction is not a bar to eligibility for reentry or resumption of dependency jurisdiction or the assumption or resumption of transition jurisdiction over a nonminor. [WIC §388(e)(4); CRC 5.906(h)(1).] The report and supporting documentation must be filed at least two court days before the hearing. [CRC 5.906(h)(2).]

You must resume dependency jurisdiction over a former dependent or assume or resume transition jurisdiction over a former delinquent ward, and order that the nonminor's placement and care be under the responsibility of the county child welfare services department, the probation department, or tribe, if you find all of the following [WIC §388(e)(5)(A); CRC 5.906(i)(1)–(2)]:

  • The nonminor was previously under juvenile court jurisdiction subject to an order for foster care placement when he or she attained 18 years of age.
  • The nonminor has not attained the age limits described in [1], above.
  • Reentry and remaining in foster care are in the nonminor's best interests.
  • The nonminor intends to satisfy, and agrees to satisfy, at least one of the criteria set forth in WIC §11403(b)(1)–(5), or demonstrates his or her agreement to satisfy the criteria by signing the voluntary reentry agreement [see WIC §11400(z)].

[5] New Case Plan

The agency made responsible for the nonminor's placement and care must prepare a new transitional independent living case plan and submit it to you within 60 days of the resumption of dependency jurisdiction or assumption or resumption of transition jurisdiction. [WIC §388(e)(5)(C); CRC 5.906(i)(2)(A).]


   
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© 2006 by Judicial Council of California
updated as of January 1, 2012