Cal. R. 5.813

As amended through July 24, 2024

Rule 5.813 - Modification to transition jurisdiction for a ward older than 18 years and younger than 21 years of age (§§450, 451)

(a) Purpose

This rule provides the procedures that must be followed when it appears to a probation officer that a ward who is at least 18 years of age and younger than 21 years of age has met his or her rehabilitative goals and wants to remain in extended foster care under the jurisdiction of the court.

(b) Setting and conduct of hearing

(1) The probation officer must request a hearing for the court to consider modifying delinquency jurisdiction to transition jurisdiction.

(2) The hearing must be held before a judicial officer and recorded by a court reporter.

(3) The hearing must be continued for no more than five court days for the submission of additional evidence as ordered by the court if the court finds that the report and, if required, the Transitional Independent Living Case Plan submitted by the probation officer do not provide the information required by (d) and the court is unable to make all the findings required by (e).

(c) Notice of hearing

(1) The probation officer must serve written notice of the hearing in the manner provided in section 295.

(2) Proof of service of notice must be filed by the probation officer at least five court days before the hearing.

(d) Reports

At least 10 calendar days before the hearing, the probation officer must submit a report to the court that includes information regarding:

(1) Whether the ward is a nonminor who was subject to an order for foster care placement on the day of the ward's 18th birthday and is within the age eligibility requirements for extended foster care;

(2) Whether the ward was removed from the physical custody of his or her parents, adjudged to be a ward of the juvenile court under section 725, and ordered into foster care placement as a ward; or whether the ward was removed from the custody of his or her parents as a dependent of the court with an order for foster care placement in effect at the time the court adjudged him or her to be a ward of the juvenile court under section 725 and was ordered into a foster care placement as a ward, including the date of the initial removal findings-"continuance in the home is contrary to the child's welfare" and "reasonable efforts were made to prevent removal"-as well as whether the ward continues to be removed from the parents or legal guardian from whom the child was removed under the original petition;

(3) Whether the ward's rehabilitative goals as stated in the case plan have been met and whether juvenile court jurisdiction over the ward is no longer required;

(4) Whether the probation officer recommends the modification of juvenile court jurisdiction over the ward from that of a ward under section 601 or 602 to that of a nonminor dependent under section 450 and the facts in support of that recommendation;

(5) Whether the ward signed a mutual agreement with the probation department or social services agency for placement in a supervised setting as a nonminor dependent and, if so, a recommendation as to which agency should be responsible for placement and care of the nonminor dependent;

(6) Whether the ward plans to meet at least one of the conditions in section 11403(b) and what efforts the probation officer has made to help the ward meet any of the conditions;

(7) When and how the ward was informed of the benefits of remaining under juvenile court jurisdiction as a nonminor dependent and the probation officer's assessment of the ward's understanding of those benefits;

(8) When and how the ward was informed that he or she may decline to become a nonminor dependent and have the juvenile court terminate jurisdiction at a hearing under section 391 and rule 5.555; and

(9) When and how the ward was informed that if juvenile court jurisdiction is terminated, he or she can file a request to return to foster care and have the court resume jurisdiction over him or her as a nonminor.

(e) Findings

At the hearing described in (a), the court must make the following findings:

(1) Whether notice has been given as required by law;

(2) Whether the nonminor comes within the description of section 450;

(3) Whether the ward has been informed that he or she may decline to become a nonminor dependent and have juvenile court jurisdiction terminated at a hearing set under rule 5.555;

(4) Whether the ward was informed that if juvenile court jurisdiction is terminated, the ward can file a request to return to foster care and may have the court resume jurisdiction over the ward as a nonminor;

(5) Whether the benefits of remaining under juvenile court jurisdiction as a nonminor dependent were explained and whether the ward understands them;

(6) Whether the ward has signed a mutual agreement with the probation department for placement in a supervised setting as a nonminor dependent;

(7) Whether the ward's Transitional Independent Living Case Plan includes a plan for the ward to satisfy at least one of the conditions in section 11403(b); and

(8) Whether the ward has had an opportunity to confer with his or her attorney.

(f) Orders

For a child who comes within the description of section 450(a), the court must enter the following orders:

(1) An order modifying the court's jurisdiction over the child from delinquency to transition jurisdiction and setting a nonminor dependent status review hearing under section 366.31 and rule 5.903 within six months of the last hearing held under section 727.2 or 366.31. The order modifying the court's jurisdiction must contain all of the following provisions:

(A) A reference to the initial removal findings, the date those findings were made, and a statement that the findings-"continuance in the home is contrary to the child's welfare" and "reasonable efforts were made to prevent removal"-made at that hearing remain in effect;

(B) A statement that the nonminor dependent continues to be removed from the parents or legal guardian from whom the nonminor dependent was removed under the original petition; and

(C) Identification of the agency that is responsible for placement and care of the nonminor dependent based on the modification of jurisdiction.

(2) An order continuing the appointment of the attorney of record or appointing a new attorney as the attorney of record for the nonminor dependent.

Cal. R. Ct. 5.813

Rule 5.813 adopted effective 1/1/2014.