San Bernardino Cnty. Children & Family Servs. v. J.B. (In re M.W.)

FIELDS J.

I. INTRODUCTION

Appellant, 19-year-old M.W., was a nonminor dependent of the court until it terminated dependency jurisdiction over him in August 2017. One of the acceptable living arrangements for nonminor dependents is a " '[s]upervised independent living placement' " (SILP). ( Welf. & Inst. Code, § 11400, subd. (w).) 1 The court terminated dependency jurisdiction over M.W. because he had moved in with a former foster mother, and the court believed a former caregiver's home could not qualify as a SILP. We conclude the court erred. Nothing in the law disqualifies a former caregiver's home as a SILP. Even the document on which plaintiff and respondent, San Bernardino County Children and Family Services (CFS), relied for its argument-a form developed by the California Department of Social Services-does not disqualify a former caregiver's home. We also conclude the error was prejudicial to M.W. We therefore reverse and remand for the court to consider whether to retain or terminate dependency jurisdiction, with the proper understanding of the law relating to SILPs.

II. FACTS AND PROCEDURE

A. Dependency History as a Minor

In 2006, a Nevada court removed M.W. and his…