In re Nadia G.

Los Angeles County Department of Children & Family Services v. Maria R.

Good Law
157 Cal. Rptr. 3d 400·216 Cal. App. 4th 1110
Court of Appeal of CaliforniaMay 30, 2013B243392California4,808 words

Opinion

Opinion

Aldrich, J.

INTRODUCTION

Welfare and Institutions Code section 391 authorizes the juvenile court to terminate its jurisdiction over a nonminor dependent in foster care who is between the ages of 18 and 21, but only in three narrowly defined circumstances and only after the county welfare department has submitted a report containing recommendations and verifying it has provided the nonminor with certain information, documents, and services. (§ 391, subds. (b)-(e).) The juvenile court terminated its jurisdiction over Nadia G. (id., subd. (c)(1)(B)) and she appeals. We hold that the record supports the court’s findings that Nadia was not participating in a transitional independent living case plan (ibid.), one of the grounds for terminating jurisdiction (§§ 366.32, subd. (a), 303, subd. (a), 391, subd. (c)). However, although ordered by the court to comply with the requirements of section 391, the Los Angeles County Department of Children and Family Services (the Department) failed to file a section 391 report, with the result jurisdiction may not be terminated yet. (§ 391, subds. (b) & (e).) Accordingly, as it was premature, we reverse the order terminating jurisdiction.

FACTUAL AND…

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