2017 California Rules of Court

Rule 5.906. Request by nonminor for the juvenile court to resume jurisdiction (§§ 224.1(b), 303, 388(e), 388.1)

(a) Purpose

This rule provides the procedures that must be followed when a nonminor wants to have juvenile court jurisdiction assumed or resumed over him or her as a nonminor dependent as defined in subdivisions (v) or (aa) of section 11400.

(Subd (a) amended effective January 1, 2016; previously amended effective July 1, 2012, and January 1, 2014.)

(b) Contents of the request

(1)The request to have the juvenile court assume or resume jurisdiction must be made on the Request to Return to Juvenile Court Jurisdiction and Foster Care (form JV-466).

(2)The request must be liberally construed in favor of its sufficiency. It must be verified by the nonminor or if the nonminor is unable to provide verification due to a medical condition, the nonminor's representative, and to the extent known to the nonminor or the nonminor's representative, must include the following information:

(A)The nonminor's name and date of birth;

(B)The nonminor's address and contact information, unless the nonminor requests that this information be kept confidential from those persons entitled to access to the juvenile court file, including his or her parents, by filing Confidential Information-Request to Return to Juvenile Court Jurisdiction and Foster Care (form JV-468). Form JV-468 must be kept in the court file under seal, and only the court, the child welfare services agency, the probation department, or the Indian tribe with an agreement under section 10553.1 to provide child welfare services to Indian children (Indian tribal agency), the attorney for the child welfare services agency, the probation department, or the Indian tribe, and the nonminor's attorney may have access to this information;

(C)The name and action number or court file number of the nonminor's case and the name of the juvenile court that terminated its dependency jurisdiction, delinquency jurisdiction, or transition jurisdiction;

(D)The date the juvenile court entered the order terminating its dependency jurisdiction, delinquency jurisdiction, or transition jurisdiction;

(E)If the nonminor wants his or her parents or former legal guardians to receive notice of the filing of the request and the hearing, the name and residence addresses of the nonminor's parents or former guardians;

(F)The name and telephone number of the court-appointed attorney who represented the nonminor at the time the juvenile court terminated its dependency jurisdiction, delinquency jurisdiction, or transition jurisdiction if the nonminor wants that attorney to be appointed to represent him or her for the purposes of the hearing on the request;

(G)If the nonminor is an Indian child within the meaning of the Indian Child Welfare Act and chooses to have the Indian Child Welfare Act apply to him or her, the name of the tribe and the name, address, and telephone number of his or her tribal representative;

(H)If the nonminor had a Court Appointed Special Advocate (CASA) when he or she was a dependent or ward of the court and wants the CASA to receive notice of the filing of the request and the hearing, the CASA's name;

(I)The condition or conditions under section 11403(b) that the nonminor intends to satisfy; and

(J)Whether the nonminor requires assistance to maintain or secure an appropriate, supervised placement, or is in need of immediate placement and will agree to a supervised placement under a voluntary reentry agreement.

(3)The court may dismiss without prejudice a request filed under this rule that is not verified.

(Subd (b) amended effective January 1, 2016; previously amended effective July 1, 2012.)

(c) Filing the request

(1)The form JV-466 must be completed and verified by the nonminor or the nonminor's representative if the nonminor is unable to provide verification due to a medical condition, and may be filed by the nonminor or the county child welfare services, probation department, or Indian tribe (placing agency) on behalf of the nonminor.

(2)For the convenience of the nonminor, the form JV-466 and, if the nonminor wishes to keep his or her contact information confidential, the Confidential Information-Request to Return to Juvenile Court Jurisdiction and Foster Care (form JV-468) may be:

(A)Filed with the juvenile court that m

[ Back to Top ]