California Welfare and Institutions Code 450 – (a) A minor or nonminor who satisfies all of the following …
(a) A minor or nonminor who satisfies all of the following criteria is within the transition jurisdiction of the juvenile court:
(1) (A) The minor is a ward who is older than 17 years and 5 months of age and younger than 18 years of age and in foster care placement, or the nonminor is a ward in foster care placement who was a ward subject to an order for foster care placement on the day the nonminor attained 18 years of age and has not attained 21 years of age.
Terms Used In California Welfare and Institutions Code 450
- Custody: means physical custody or legal custody or both, under any applicable tribal law or tribal custom or state law. See California Welfare and Institutions Code 224.1
- Dependent: A person dependent for support upon another.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
(B) The minor or nonminor met or would meet the criteria in subparagraph (A), but for the fact that the underlying adjudication was vacated pursuant to § 236.14 of the Penal Code, and the minor or nonminor has not attained 21 years of age.
(2) The ward meets any of the following conditions:
(A) The ward was removed from the physical custody of the ward’s parents or legal guardian, adjudged to be a ward of the juvenile court under Section 725, and ordered into foster care placement as a ward.
(B) The ward was removed from the custody of the ward’s parents or legal guardian as a dependent of the court with an order for foster care placement as a dependent in effect at the time the court adjudged them to be a ward of the juvenile court under Section 725.
(C) The minor or nonminor met or would meet the conditions described in subparagraph (A) or (B), but for the fact that the underlying adjudication was vacated pursuant to § 236.14 of the Penal Code, and the minor or nonminor has not attained 21 years of age.
(3) The rehabilitative goals of the minor or nonminor, as set forth in the case plan, have been met, and juvenile court jurisdiction over the minor or nonminor as a ward is no longer required, or the underlying adjudication was vacated pursuant to § 236.14 of the Penal Code.
(4) (A) If the ward is a minor, reunification services have been terminated; the matter has not been set for a hearing for termination of parental rights pursuant to Section 727.3 or for the establishment of guardianship pursuant to Section 728; the return of the child to the physical custody of the parents or legal guardian would create a substantial risk of detriment to the child’s safety, protection, or physical or emotional well-being; and the minor has indicated an intent to sign a mutual agreement, as described in subdivision (u) of Section 11400, with the responsible agency for placement in a supervised setting as a nonminor dependent.
(B) If the ward is a nonminor, the ward has signed a mutual agreement, as described in subdivision (u) of Section 11400, with the responsible agency for placement in a supervised setting as a nonminor dependent or has signed a voluntary reentry agreement, as described in subdivision (z) of Section 11400, for placement in a supervised setting as a nonminor dependent. A youth homelessness prevention center licensed by the State Department of Social Services pursuant to § 1502.35 of the Health and Safety Code shall not be a placement option pursuant to this section.
(b) A minor who is subject to the court’s transition jurisdiction shall be referred to as a transition dependent.
(c) A youth subject to the court’s transition jurisdiction who is 18 years of age or older shall be referred to as a nonminor dependent.
(Amended by Stats. 2019, Ch. 341, Sec. 14. (AB 1235) Effective January 1, 2020.)