California Welfare and Institutions Code 451 – (a) At a hearing during which termination of jurisdiction over a …
(a) At a hearing during which termination of jurisdiction over a ward is considered, the court may, as an alternative to termination of jurisdiction, modify its order of jurisdiction and assume transition jurisdiction over the ward pursuant to Section 450. The court may also assume transition jurisdiction over a ward, transition dependent, or nonminor dependent whose underlying adjudication is vacated pursuant to § 236.14 of the Penal Code.
(b) A minor or a nonminor who is subject to the court’s transition jurisdiction shall not be subject to any terms or conditions of probation, and his or her case shall be managed as a dependent child of the court or as a nonminor dependent of the court.
Terms Used In California Welfare and Institutions Code 451
- County: includes "city and county. See California Welfare and Institutions Code 14
- Dependent: A person dependent for support upon another.
- 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.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
(c) Each county shall modify its protocol for Section 241.1 to include a provision to determine whether the child welfare services department or the probation department shall supervise persons subject to the court’s transition jurisdiction, including persons who obtained a court order vacating the underlying adjudication pursuant to § 236.14 of the Penal Code. For a minor, this supervision shall comply with the requirements and procedures set forth in this code for dependent children. For a nonminor, this supervision shall comply with the provisions set forth in this code that specifically apply to nonminor dependents.
(d) The court shall appoint counsel, pursuant to Section 317, for minors and nonminors subject to the court’s transition jurisdiction. The court shall, to the extent feasible given local court circumstances, provide for continuity of representation for the minor or nonminor from delinquency jurisdiction to transition jurisdiction pursuant to Section 450 by the attorney appointed to represent the minor or nonminor pursuant to Section 634.
(Amended by Stats. 2017, Ch. 707, Sec. 4. (AB 604) Effective January 1, 2018.)