Cal. R. 5.814

As amended through July 24, 2024

Rule 5.814 - Modification to transition jurisdiction for a ward older than 17 years, 30 months of age and younger than 18 years of age (§§450, 451)

(a) Purpose

This rule provides the procedures that must be followed to modify delinquency jurisdiction to transition jurisdiction for a ward who is older than 17 years, 5 months of age, younger than 18 years of age, and:

(1) Has met his or her rehabilitative goals;

(2) Is under a foster care placement order;

(3) Wants to remain in extended foster care under the transition jurisdiction of the juvenile court;

(4) Is not receiving reunification services; and

(5) Does not have a hearing set for termination of parental rights or establishment of guardianship.

(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 subject to an order for foster care placement and is older than 17 years, 5 months of age and younger than 18 years of age;

(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 each parent or legal guardian is currently able to provide the care, custody, supervision, and support the child requires in a safe and healthy environment;

(5) Whether the probation officer recommends the modification of the juvenile court's jurisdiction over the ward from that of a ward under section 601 or 602 to that of a transition dependent under section 450;

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

(7) 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 these conditions;

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

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

(10) 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, the court must make the following findings:

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

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

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

(4) Whether the ward's return to the home of his or her parent or legal guardian would create a substantial risk of detriment to the ward's safety, protection, or physical or emotional well-being. The facts supporting this finding must be stated on the record;

(5) Whether reunification services have been terminated;

(6) Whether the ward's case has been set for a hearing to terminate parental rights or establish a guardianship;

(7) Whether the ward intends to sign a mutual agreement with the probation department or social services agency for placement in a supervised setting as a nonminor dependent;

(8) 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 dependent;

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

(10) 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

(11) 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 adjudging the ward a transition dependent pending his or her 18th birthday and status as a nonminor dependent under the transition jurisdiction of the court. 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 child continues to be removed from the parents or legal guardian from whom the child was removed under the original petition; and

(C) Identification of the agency that is responsible for placement and care of the child 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.

(3) An order 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 727.3.

Cal. R. Ct. 5.814

Rule 5.814 adopted effective 1/1/2014.