Orange Cnty. Soc. Servs. Agency v. Jesse S. (In re Jesse S.)

*613 I. INTRODUCTION

This is an unusual case. It is unusual in the nature of the relief sought and even more unusual in our inability to provide that relief, even though we think it warranted. We publish our opinion in the hope the Legislature will either change the law or-by reconsidering it and leaving it unchanged-reassure us that the present system is what they intended.

About four months before his 20th birthday in 2016, appellant Jesse S. filed, in propria persona, a request under section 388.1 of the Welfare and Institutions Code to return to juvenile court jurisdiction and the foster care system. 1 His reason was that the couple who adopted him the day before his 18th birthday were no longer supporting him, even though they were receiving payments on his behalf from California's Adoption Assistance Program (AAP). (§ 16115 et seq.). The judge denied the request, noting that under the literal language of section 388.1 the very fact the couple were still receiving AAP payments on Jesse's behalf precluded Jesse from reentry into the juvenile dependency system.

We affirm, though reluctantly. Jesse has pointed out an anomaly in section 388.1 that the Legislature might want to…