San Diego County Health & Human Services Agency v. Stacy B.

In this juvenile dependency case, we examine the term “nonminor dependent” as this term is used in the California Fostering Connections to Success Act (the Act). (Assem. Bill No. 12 (2009-2010 Reg. Sess.); Assem. Bill No. 212 (2011-2012 Reg. Sess.).) We conclude that the dependent child in this case did not meet the definition of a nonminor dependent and that even though she had turned 18, the juvenile court did not err when it held the 12-month permanency review hearing. (Welf. & Inst. Code, § 366.21, subd. (f); undesignated statutory references are to this code.) We also conclude that the statutory framework does not allow a parent to reunify with a dependent child who has turned 18 because a parent cannot have physical custody of an adult. Thus, the juvenile court did not err when it terminated reunification services to the mother. Accordingly, we affirm the order issued after the 12-month permanency review hearing.

*635 FACTUAL AND PROCEDURAL BACKGROUND

In mid-September 2010, 17-year-old K.L. lived with her father and several other individuals. K.L.’s mother, Stacy, and brother had also lived with them, but moved out three months earlier even though Stacy believed…