In Re Joshua S.

Under California law, when a child has been adjudged to be a dependent of the juvenile court, “the court shall . . . terminate its dependency jurisdiction” if “a relative of the child is appointed the [child’s] legal guardian . . . and the child has been placed with the relative for at least 12 months,” unless “the relative guardian objects” or “upon a finding of exceptional circumstances.” (Welf. & Inst. Code, § 366.3, subd. (a).) The Court of Appeal found that exceptional circumstances may exist in this case because the children, who were living with a relative guardian in Canada, would be eligible for aid under California’s Aid to Families with Dependent Children-Foster Care (AFDC-FC) program (§ 11400 et seq.) were the juvenile court to change the guardianship to foster care. We granted review to consider the Court of Appeal’s conclusion. For reasons set forth below, we reverse the Court of Appeal’s judgment.

Factual Background

The long and tortured history of this case began more than 10 years ago, in July 1996, when Joshua S. was bom with a positive toxicology for barbiturates. The next day, the Los Angeles County Department of Children and Family Services…