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2014 California Rules of Court

Rule 5.555. Hearing to consider termination of juvenile court jurisdiction over a nonminor-dependents or wards of the juvenile court in a foster care placement and nonminor dependents (§§ 224.1(b), 303, 366.31, 391, 452, 607.3, 16501.1(f)(16))

(a) Applicability

(1)This rule applies to any hearing during which the termination of the juvenile court's jurisdiction over the following nonminors will be considered:

(A)A nonminor dependent as defined in section 11400(v);

(B)A ward or dependent of the juvenile court who is 18 years of age or older and subject to an order for a foster care placement; or

(C)A ward who was subject to an order for foster care placement at the time he or she attained 18 years of age, or a dependent of the juvenile court who is 18 years of age or older and is living in the home of the parent or former legal guardian.

(2)Nothing in the Welfare and Institutions Code or the California Rules of Court restricts the ability of the juvenile court to maintain dependency jurisdiction or delinquency jurisdiction over a person 18 years of age or older, who does not meet the eligibility requirements for status as a nonminor dependent and to proceed as to that person under the relevant sections of the Welfare and Institutions Code and California Rules of Court.

(Subd (a) amended effective January 1, 2014; previously amended effective July 1, 2012.)

(b) Setting a hearing

(1)A court hearing must be placed on the appearance calendar and held prior to terminating juvenile court jurisdiction.

(2)The hearing under this rule may be held during a hearing required under section 366 (g), 366.3, 366.31, 727.2, or 727.3 or rule 5.903.

(3)Notice of the hearing to the parents of a nonminor dependent as defined in section 11400(v) is not required, unless the parents are receiving court-ordered family reunification services or the nonminor is living in the home of the parent or former legal guardian.

(4)If juvenile court jurisdiction was resumed after having previously been terminated, a hearing under this rule must be held if the nonminor dependent wants juvenile court jurisdiction terminated again. The social worker or probation officer is not required to file the 90-day Transition Plan, and the court need not make the findings described in (d)(1)(L)(iii) or (d)(2)(E)(vi).

(5)The hearing must be continued for no more than five court days for the submission of additional information as ordered by the court if the court determines that the report, the Transitional Independent Living Plan, the Transitional Independent Living Case Plan (TILCP) if required, or the 90-day Transition Plan submitted by the social worker or probation officer does not provide the information required by (c) and the court is unable to make the findings and orders required by (d).

(Subd (b) amended effective January 1, 2014; previously amended effective July 1, 2012.)

(c) Reports

(1)In addition to complying with all other statutory and rule requirements applicable to the report prepared by the social worker or probation officer for any hearing during which termination of the court's jurisdiction will be considered, the report must include:

(A)Whether remaining under juvenile court jurisdiction is in the nonminor's best interests and the facts supporting the conclusion reached;

(B)The specific criteria in section 11403(b) met by the nonminor that make him or her eligible to remain under juvenile court jurisdiction as a nonminor dependent as defined in section 11400(v);

(C)For a nonminor to whom the Indian Child Welfare Act applies, when and how the nonminor was provided with information about the right to continue to be considered an Indian child for the purposes of the ongoing application of the Indian Child Welfare Act to him or her as a nonminor;

(D)Whether the nonminor has applied for and, if so, the status of any in-progress application pending for title XVI Supplemental Security Income benefits and whether remaining under juvenile court jurisdiction until a final decision has been issued is in the nonminor's best interests;

(E)Whether the nonminor has applied for and, if so, the status of any in-progress application pending for Special Immigrant Juvenile Status or other applicable application for legal residency and whether an active juvenile court case is required for that application;

(F)When and how the nonminor was provided with information about the potential benefits of remaining under juvenile court jurisdiction as a nonminor dependent, and the social worker's or probation officer's assessment of the nonminor's understanding of those benefits;

(G)When and how the nonminor was informed that if juvenile court jurisdiction is terminated, the court maintains general jurisdiction over him or her for the purpose of resuming jurisdiction and he or she has the right to file a request to return to foster care and have the juvenile court resume jurisdiction over him or her as a nonminor dependent until he or she has attained the age of 21 years;

(H)When and how the nonminor was informed that if juvenile court dependency jurisdiction or transition jurisdiction is continued over him or her, he or she has the right to have that jurisdiction terminated;

(I)For a nonminor who is not present for the hearing:

(i)Documentation of the nonminor's statement that he or she did not wish to appear in court for the scheduled hearing; or

(ii)Documentation of the reasonable efforts made to locate the nonminor when his or her current location is unknown;

(J)Verification that the nonminor was provided with the information, documents, and services as required under section 391(e); and

(K)When and how a nonminor who is under delinquency jurisdiction was provided with the notices and information required under section 607.5.

(2)The social worker or probation officer must file with the report a completed Termination of Juvenile Court Jurisdiction-Nonminor (form JV-365).

(3)The social worker or probation officer must file with the report the nonminor's:

(A)Transitional Independent Living Case Plan when recommending continuation of juvenile court jurisdiction;

(B) Most recent Transitional Independent Living Plan (TILP); and

(C)Completed 90-day Transition Plan.

(4)The social worker's or probation officer's report and all documents required by (c)(2)-(3) must be filed with the court at least 10 calendar days before the hearing, and the social worker or probation officer must provide copies of the report and other documents to the nonminor, the nonminor's parents, and all attorneys of record. If the nonminor is under juvenile court jurisdiction as a nonminor dependent, the social worker or probation officer is not required to provide copies of the report and other documents to the nonminor dependent's parents, unless the nonminor dependent's parents are receiving court-ordered family reunification services.

(Subd (c) amended effective January 1, 2014; previously amended effective July 1, 2012.)

(d) Findings and orders

In addition to complying with all other statutory and rule requirements applicable to the hearing, the following judicial findings and orders must be made and included in the written court documentation of the hearing:

(1)Findings

(A)Whether the nonminor had the opportunity to confer with his or her attorney about the issues currently before the court;

(B)Whether remaining under juvenile court jurisdiction is in the nonminor's best interests and the facts in support of the finding made;

(C)Whether the nonminor meets one or more of the eligibility criteria in section 11403(b) to remain in foster care as a nonminor dependent under juvenile court jurisdiction and, if so, the specific criteria in section 11403(b) met by the nonminor;

(D)For a nonminor to whom the Indian Child Welfare Act applies, whether the nonminor was provided with information about the right to continue to be considered an Indian child for the purposes of the ongoing application of the Indian Child Welfare Act to him or her;

(E)Whether the nonminor has an in-progress application pending for title XVI Supplemental Security Income benefits and, if such an application is pending, whether it is in the nonminor's best interests to continue juvenile court jurisdiction until a final decision has been issued to ensure that the nonminor receives continued assistance with the application process;

(F)Whether the nonminor has an in-progress application pending for Special Immigrant Juvenile Status or other applicable application for legal residency and whether an active juvenile court case is required for that application;

(G)Whether the nonminor understands the potential benefits of remaining in foster care under juvenile court jurisdiction;

(H)Whether the nonminor has been informed that if juvenile court jurisdiction is continued, he or she may have the right to have juvenile court jurisdiction terminated and that the court will maintain general jurisdiction over him or her for the purpose of resuming dependency jurisdiction or assuming or resuming transition jurisdiction over him or her as a nonminor dependent;

(I)Whether the nonminor has been informed that if juvenile court jurisdiction is terminated, he or she has the right to file a request to return to foster care and have the juvenile court resume jurisdiction over him or her as a nonminor dependent until he or she has attained the age of 21 years;

(J)Whether the nonminor was provided with the information, documents, and services as required under section 391(e) and, if not, whether juvenile court jurisdiction should be continued to ensure that all information, documents, and services are provided;

(K)Whether a nonminor who is under delinquency jurisdiction was provided with the notices and information required under section 607.5; and

(L)Whether the nonminor's:

(i)Transitional Independent Living Case Plan, if required, includes a plan for a placement the nonminor believes is consistent with his or her need to gain independence, reflects the agreements made between the nonminor and social worker or probation officer to obtain independent living skills, and sets out the benchmarks that indicate how both will know when independence can be achieved;

(ii)Transitional Independent Living Plan identifies the nonminor's level of functioning, emancipation goals, and the specific skills he or she needs to prepare to live independently upon leaving foster care; and

(iii)90-day Transition Plan is a concrete individualized plan that specifically covers the following areas: housing, health insurance, education, local opportunities for mentors and continuing support services, workforce supports and employment services, and information that explains how and why to designate a power of attorney for health care.

(M)For a nonminor who is not present for the hearing, whether the reason for his or her failure to appear was:

(i)The nonminor's expressed wish to not appear in court for the scheduled hearing; or

(ii)The nonminor's current location remains unknown although reasonable efforts were made to locate the nonminor.

(2)Orders

(A)For a nonminor who meets one or more of the eligibility criteria in section 11403(b) to remain in placement under dependency jurisdiction as a nonminor dependent or under transition jurisdiction as a nonminor dependent, the court must order the continuation of juvenile court jurisdiction unless the court finds that:

(i)The nonminor does not wish to remain under juvenile court jurisdiction as a nonminor dependent;

(ii)The nonminor is not participating in a reasonable and appropriate Transitional Independent Living Case Plan; or

(iii)Reasonable efforts were made to locate the nonminor whose current location is unknown.

(B)When juvenile court jurisdiction is continued for the nonminor to remain in placement as a nonminor dependent:

(i)Order a permanent plan consistent with the nonminor's Transitional Independent Living Plan or Transitional Independent Living Case Plan;

(ii)Continue the nonminor's status as an Indian child for the purposes of the ongoing application of the Indian Child Welfare Act unless he or she has elected not to have his or her status as an Indian child continued; and

(iii)Set a status review hearing under rule 5.903 within six months of the date of his or her most recent status review hearing.

(C)For a nonminor who does not meet and does not intend to meet the eligibility requirements for nonminor dependent status but who is otherwise eligible to and will remain under juvenile court jurisdiction in a foster care placement, the court must set a hearing under section 366.21, 366.22, 366.25, 366.3, 727.2, or 727.3 within six months of the date of the nonminor's most recent status review hearing.

(D) For a nonminor whose current location is unknown, the court may enter an order for termination of juvenile court jurisdiction only after finding that reasonable efforts were made to locate the nonminor;

(E)For a nonminor (1) who does not meet one or more of the eligibility criteria of section 11403(b) and is not otherwise eligible to remain under juvenile court jurisdiction, (2) who does meet one or more of the eligibility criteria of section 11403(b) but does not wish to remain under the jurisdiction of the juvenile court as a nonminor dependent, or (3) who does meet one or more of the eligibility criteria of section 11403(b) but is not participating in a reasonable and appropriate Transitional Independent Living Case Plan, the court may order the termination of juvenile court jurisdiction only after entering the following findings and orders:

(i)The nonminor was provided with the information, documents, and services as required under section 391(e);

(ii)The nonminor was informed of the options available to him or her to assist with the transition from foster care to independence;

(iii)The nonminor was informed that if juvenile court jurisdiction is terminated, he or she has the right to return to foster care and to file a request to have the juvenile court resume jurisdiction over him or her as a nonminor dependent until he or she has attained the age of 21 years;

(iv)The nonminor was provided with a copy of How to Return to Juvenile Court Jurisdiction and Foster Care (form JV-464-INFO), Request to Return to Juvenile Court Jurisdiction and Foster Care (form JV-466), Confidential Information-Request to Return to Juvenile Court Jurisdiction and Foster Care (form JV-468), and an endorsed filed copy of the Termination of Juvenile Court Jurisdiction-Nonminor (form JV-365);

(v)The nonminor had an opportunity to confer with his or her attorney regarding the issues currently before the court;

(vi)The nonminor's 90-day Transition Plan includes specific options regarding housing, health insurance, education, local opportunities for mentors and continuing support services, workforce supports and employment services, and information that explains how and why to designate a power of attorney for health care.

(Subd (d) amended effective January 1, 2014; previously amended effective July 1, 2012, and July 1, 2013.)

Rule 5.555 amended effective January 1, 2014; adopted effective January 1, 2012; previously amended effective July 1, 2012, and July 1, 2013.

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