Rule 5.697.Disposition hearing for a nonminor (Welf. & Inst. Code, §§ 224.1, 295, 303, 358, 358.1, 361, 361.6, 366.31, 390, 391)

A dependency case that begins after the young person has already turned 18 works differently from every other one, because an adult cannot be made a dependent against their will. This rule supplies the procedure.

Notice goes out in the statutory manner to everyone entitled to it, including the nonminor’s parent or guardian, and the youth’s copy comes with form JV-463 — the informed consent form.

Consent is not a signature alone. Unless a guardian ad litem has been appointed or the nonminor cannot be found after reasonable, documented efforts, the court must find four things: that the youth understands the potential benefits of continued dependency; has been told of the right to seek termination of jurisdiction; has been told of the right to have dependency reinstated; and has had the chance to confer with their attorney about consenting. The youth then completes and signs form JV-463 and files it at or before the hearing. Where the nonminor is not competent to direct counsel, a guardian ad litem is appointed to decide whether to consent on their behalf.

Without consent the case ends. The court must vacate the temporary orders and may not retain jurisdiction — but before dismissing it must find that notice was given, that the four consent requirements were met (unless a guardian ad litem was appointed or the youth could not be found), and, where the reason is that the youth could not be located, that reasonable and documented efforts were made.

With consent, the hearing proceeds. The nonminor may invite participants of their own and may appear by telephone. A parent may take part as a party, receive the social study and present evidence — but their participation is confined to one question: whether a statutory removal condition existed immediately before the youth turned 18.

The social study covers whether that condition existed, the reasonable efforts made to prevent removal, and a plan for legal permanence or successful adulthood where reunification is not in view. Where reunification is being considered it must add a reunification and visitation plan built with the nonminor, the parent and the child and family team; whether both were actively involved in the case plan; the parent’s progress; whether everyone agrees to services; whether services serve the nonminor’s best interest; and whether there is a substantial probability of a safe return home by the next review. It also quantifies the family-finding work — relatives identified, located and notified, interested in contact, interested in placement — explains any sibling separation, and records how the Transitional Independent Living Case Plan was developed and how far the nonminor took part.

That plan is filed at least 48 hours before the hearing, with the individualized plan for meeting a statutory participation criterion and the anticipated placement — plus an alternate plan covering housing, education, employment and a support system if the nonminor does not stay under jurisdiction.

The findings turn on clear and convincing evidence that a removal condition existed immediately before the youth turned 18. If it did not, the temporary orders are vacated and dependency is dismissed. If it did, the court declares dependency and either continues jurisdiction with a review hearing in 60 days or six months, or — where the nonminor chooses not to remain in foster care — sets a hearing within 30 days to consider terminating it.

Along with that come findings on reasonable efforts, on the social worker’s due diligence in family finding, and on whether an Indian nonminor chooses to have the Indian Child Welfare Act continue to apply; orders vesting placement and care with the agency and, where no inquiry was made before the youth turned 18 and they now ask for one, an order to make it. Family reunification services may be ordered for the nonminor and the parent, within the statutory time frames.