Contra Costa Cnty. Children & Family Servs. Bureau v. David B. (In re David B.)

*638 We are asked to review the dismissal of a juvenile dependency petition for a young man, appellant David B., who at age 17, 11 months, was on the cusp of adulthood when the dependency petition in this case was filed, but who is now over age 18.

David B., a victim of past gun violence, is a wheelchair-bound diabetic in need of day-to-day medical assistance. He was living in a homeless shelter when the dependency petition was filed. The petition alleges he was abandoned by his mother and left without means of support. If that is true and the juvenile court erred in dismissing the petition, he would almost certainly benefit from transitional support as a nonminor dependent until age 21.

But there is a catch. Dependency jurisdiction may not be initiated in the first instance over someone who is over age 18; it must be initiated before age 18, and by the plain terms of the Juvenile Court Law, may only be "retain[ed]," "continu[ed]" or "resum[ed]" for nonminors in certain circumstances until age 21. (E.g., Welf. & Inst. Code, §§ 303, subds. (a), (c), 391, subd. (c)(1).)

In essence, the Legislature created a form of dependency jurisdiction for nonminors until age 21, but made it…