In Re Holly H.

Contra Costa County Social Services Department v. Holly H.

Good Law
104 Cal. App. 4th 1324·128 Cal. Rptr. 2d 907·2002 Cal. App. LEXIS 5270·2003 Daily Journal DAR 53·2003 Cal. Daily Op. Serv. 54
Court of Appeal of CaliforniaDecember 31, 2002A098418California5,825 words

Opinion

Opinion

Pollak, J.

This appeal questions the standard, in light of the enactment of Welfare and Institutions Code section 391, for terminating the dependency of a minor who turns 18 years of age. In 1986, when Holly H. was three, the Contra Costa County Social Services Department (department) filed a dependency petition that brought her within the jurisdiction of the juvenile court. On March 1, 2002, when Holly was 19, the juvenile court vacated dependency and dismissed the dependency petition after finding that the department had met the requirements of section 391 by providing Holly with certain resources, and that Holly refused to take advantage of most offers of assistance. Through her attorney, Holly appeals, arguing that despite her often careless attitude toward the benefits she was offered, the court abused its discretion when it terminated jurisdiction because she is still in need of the court’s assistance. We adhere to the decision in In re Robert L. (1998) 68 Cal.App.4th 789 [ 80 Cal.Rptr.2d 578 ] (Robert L.), that jurisdiction should be retained by the juvenile court beyond a dependent’s 18th birthday only when there is an existing or reasonably foreseeable threat of harm to the…

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