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§2.14  Hearing to Terminate Jurisdiction Over Nonminor

[1] Hearing Procedure
[2] Findings

[1] Hearing Procedure

You may not terminate jurisdiction over a nonminor unless a hearing is conducted pursuant to WIC §391. [WIC §391(a); see CRC 5.555(a); forms JV-281 (notice of hearing), JV-282 (proof of service).]

At any hearing for a nonminor at which you consider terminating your court’s jurisdiction, the county welfare department must do all of the following WIC §391(b); see CRC 5.555(c)]:

  • Ensure that the dependent nonminor is present in court, unless the nonminor does not wish to appear in court and elects a telephonic appearance, or document reasonable efforts made by the department to locate the nonminor.
  • Submit a report describing whether it is in the nonminor's best interests to remain under dependency jurisdiction, which includes a recommended transitional independent living case plan for the nonminor when the report describes continuing dependency jurisdiction as being in the minor's best interest.
  • If the department recommends termination of dependency jurisdiction, submit documentation of the department’s reasonable efforts to provide the nonminor with the assistance needed to meet or maintain eligibility as a nonminor dependent [see WIC §11403(b)(1)–(5)].
  • If the nonminor has indicated that he or she does not want dependency jurisdiction to continue, the report must address the manner in which the nonminor was advised of his or her options, including the benefits of remaining in foster care, and of his or her right to reenter foster care and to file a petition to resume dependency jurisdiction prior to attaining 21 years of age [see WIC §388(e)].

[2] Findings

You must continue dependency jurisdiction over a nonminor who meets the definition of a nonminor dependent [WIC §11400(v)] unless you find that the nonminor [WIC §391(c); see CRC 5.555(d)]:

  • Does not wish to remain subject to dependency jurisdiction, or
  • Is not participating in a reasonable and appropriate transitional independent living case plan, and
  • Has been informed of his or her options, including the benefits of remaining in foster care and the right to reenter foster care by filing a petition to resume dependency jurisdiction [see §2.13] and completing a voluntary reentry agreement [WIC §11400(z)], and has had an opportunity to confer with his or her appointed counsel.

You may terminate jurisdiction over a nonminor if you find, after reasonable and documented efforts, that the nonminor cannot be located. [WIC §391(d)(1).] When terminating jurisdiction, you must maintain general jurisdiction over the nonminor to allow for the filing of a petition to resume dependency jurisdiction until the nonminor attains 21 years of age, although no review proceedings may be required. A nonminor may petition the court to resume dependency jurisdiction [see WIC §388(e)] at any time before attaining 21 years of age. [WIC §391(d)(2).] See form JV-365 for an order terminating jurisdiction, and form JV-367 for findings and orders.

You must not terminate dependency jurisdiction over a nonminor dependent who has attained 18 years of age until a hearing is conducted pursuant to WIC §391 and the department has submitted a report verifying that the information, documents, and services listed in WIC §391(e) have been provided to the nonminor, or in the case of a nonminor who, after reasonable efforts by the county welfare department, cannot be located, verifying the efforts made to make those items available to the nonminor. [WIC §391(e).]


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