Rule 5.707.Review or dispositional hearing requirements for child approaching majority (§§ 224.1, 366(a)(1)(F), 366.3, 366.31, 16501.1(f)(16))

Division 3. Juvenile Rules · Chapter 12. Cases Petitioned Under Section 300 · Article 4. Reviews, Permanent Planning · Last amended 2021 · Last verified September 10, 2026

In one sentenceRule 5.707 loads the last review before a child turns 18 with the questions that decide whether they stay in care as a nonminor dependent or leave with a plan.

Full Text of Rule 5.707

Text sizeJump to: (a) (b) (c) (d)

(a) Reports

At the last review hearing before the child attains 18 years of age held under section 366.21, 366.22, 366.25, or 366.3, or at the dispositional hearing held under section 360 if no review hearing will be set before the child attains 18 years of age, in addition to complying with all other statutory and rule requirements applicable to the report prepared by the social worker for the hearing, the report must include a description of:

(1) The child’s plans to remain under juvenile court jurisdiction as a nonminor dependent including the criteria in section 11403(b) that he or she plans to meet;

(2) The efforts made by the social worker to help the child meet one or more of the criteria in section 11403(b);

(3) For an Indian child to whom the Indian Child Welfare Act applies, his or her plans to continue to be considered an Indian child for the purposes of the ongoing application of the Indian Child Welfare Act to him or her as a nonminor dependent;

(4) Whether the child has applied for and, if so, the status of any in-progress application pending for title XVI Supplemental Security Income benefits and, if such an application is pending, whether it will be in the child’s best interest to continue juvenile court jurisdiction until a final decision is issued to ensure that the child receives continued assistance with the application process;

(5) Whether the child has an in-progress application pending for Special Immigrant Juvenile Status or other applicable application for legal residency and whether an active dependency case is required for that application;

(6) The efforts made by the social worker toward providing the child with the written information, documents, and services described in section 391(b) and (c), and to the extent that the child has not yet been provided with them, the barriers to providing the information, documents, or services and the steps that will be taken to overcome those barriers by the date the child attains 18 years of age;

(7) When and how the child was informed of his or her right to have juvenile court jurisdiction terminated when he or she attains 18 years of age;

(8) When and how the child was provided with information about the potential benefits of remaining under juvenile court jurisdiction as a nonminor dependent and the social worker’s assessment of the child’s understanding of those benefits; and

(9) When and how the child was informed that if juvenile court jurisdiction is terminated, he or she has the right to file a request to return to foster care and have the juvenile court resume jurisdiction over him or her as a nonminor dependent.

(b) Transitional Independent Living Case Plan

At the last review hearing before the child attains 18 years of age held under section 366.21, 366.22, 366.25, or 366.3, or at the dispositional hearing held under section 360 if no review hearing will be set before the child attains 18 years of age, the child’s Transitional Independent Living Case Plan:

(1) Must be submitted with the social worker’s report prepared for the hearing at least 10 calendar days before the hearing; and

(2) Must include:

(A) The individualized plan for the child to satisfy one or more of the criteria in section 11403(b) and the child’s anticipated placement as specified in section 11402; and

(B) The child’s alternate plan for his or her transition to independence, including housing, education, employment, and a support system in the event the child does not remain under juvenile court jurisdiction after attaining 18 years of age.

(1) At the last review hearing before the child attains 18 years of age held under section 366.21, 366.22, 366.25, or 366.3, or at the dispositional hearing held under section 360 if no review hearing will be set before the child attains 18 years of age, in addition to complying with all other statutory and rule requirements applicable to the hearing, the court must make the following findings in the written court documentation of the hearing:

(A) Whether the child’s Transitional Independent Living Case Plan includes a plan for the child to satisfy one or more of the criteria in section 11403(b) and the specific criteria it is anticipated the child will satisfy;

(B) Whether there is included in the child’s Transitional Independent Living Case Plan an alternative plan for the child’s transition to independence, including housing, education, employment, and a support system in the event the child does not remain under juvenile court jurisdiction after attaining 18 years of age;

(C) For an Indian child to whom the Indian Child Welfare Act applies, whether he or she intends to continue to be considered an Indian child for the purposes of the ongoing application of the Indian Child Welfare Act to him or her as a nonminor dependent;

(D) Whether the child has an in-progress application pending for title XVI Supplemental Security Income benefits and, if such an application is pending, whether it is in the child’s best interest to continue juvenile court jurisdiction until a final decision has been issued to ensure that the child receives continued assistance with the application process;

(E) Whether the child has an in-progress application pending for Special Immigrant Juvenile Status or other applicable application for legal residency and whether an active dependency case is required for that application;

(F) Whether all the information, documents, and services in sections 391(b) and (c) were provided to the child, and whether the barriers to providing any missing information, documents, or services can be overcome by the date the child attains 18 years of age;

(G) Whether the child has been informed of his or her right to have juvenile court jurisdiction terminated when he or she attains 18 years of age;

(H) Whether the child understands the potential benefits of remaining under juvenile court jurisdiction as a nonminor dependent; and

(I) Whether the child has been informed that if juvenile court jurisdiction is terminated after he or she attains 18 years of age, he or she has the right to file a request to return to foster care and have the juvenile court resume jurisdiction over him or her as a nonminor dependent.

(2) The hearing must be continued for no more than five court days for the submission of additional information as ordered by the court if the court finds that the report and Transitional Independent Living Case Plan submitted by the social worker do not provide the information required by (a) and (b) and the court is unable to make all the findings required by (c)(1).

(d) Orders

(1) For a child who intends to remain under juvenile court jurisdiction as a nonminor dependent, as defined in section 11400(v), after attaining 18 years of age, the court must set a nonminor dependent status review hearing under rule 5.903 within six months from the date of the current hearing.

(2) For a child who does not intend to remain under juvenile court as a nonminor dependent, as defined in section 11400(v), after attaining 18 years of age, the court must:

(A) Set a hearing under rule 5.555 for a date within one month after the child’s 18th birthday, for the child who requests that the juvenile court terminate its jurisdiction after he or she attains 18 years of age; or

(B) Set a hearing under section 366.21, 366.22, 366.25, or 366.3 no more than six months from the date of the current hearing, for a child who will remain under juvenile court jurisdiction in a foster care placement.

End

Plain-English Summary

Turning 18 in foster care is a hinge, and this rule makes the hearing before it do real work. It applies to the last review hearing before the child’s 18th birthday — or to the dispositional hearing, where no review will fall before then.

The social worker’s report must describe nine things: the child’s plans to remain under jurisdiction as a nonminor dependent and which participation criterion they intend to meet; the efforts made to help them meet it; for an Indian child, their plans to continue being treated as one; the status of any pending Supplemental Security Income application and whether keeping jurisdiction open would help; any pending Special Immigrant Juvenile Status or residency application and whether it needs an active case; the efforts to hand over the statutory information, documents and services — and, for anything not yet handed over, the barriers and the steps to clear them by the birthday; when and how the child was told they may end jurisdiction at 18; when and how they were told about the benefits of staying, with the worker’s assessment of whether they understood; and when and how they were told they can ask to come back later.

The Transitional Independent Living Case Plan is filed with the report at least 10 calendar days before the hearing, carrying the individualized plan for meeting a participation criterion and the anticipated placement, plus an alternate plan for independence covering housing, education, employment and a support system.

The court then makes matching findings on each of those points, in the written documentation of the hearing. If the report and the plan do not give it what it needs to make them, the hearing is continued — for no more than five court days — for the missing information.

The orders that follow depend on what the child wants. A child who intends to stay gets a nonminor dependent status review set within six months. A child who does not gets either a hearing within one month after their 18th birthday to terminate jurisdiction, if that is what they ask for, or an ordinary review within six months if they will remain in a foster care placement.

Frequently Asked Questions

Which hearing does this rule apply to?

The last review hearing before the child turns 18 — or the dispositional hearing, where no review hearing will be set before the child attains 18 years of age.

What must the child be told before turning 18?

That they have the right to have juvenile court jurisdiction terminated at 18; what the potential benefits of remaining as a nonminor dependent are; and that if jurisdiction is terminated they may file a request to return to foster care and have the court resume jurisdiction. The report must say when and how each was done.

What happens if the report is incomplete?

The hearing must be continued for no more than five court days for the submission of the additional information the court orders, where the report and Transitional Independent Living Case Plan leave the court unable to make the required findings.

What is set at the end of the hearing?

For a child who intends to remain, a nonminor dependent status review within six months. For a child who does not, a termination hearing within one month after their 18th birthday if they request it, or an ordinary review within six months if they will stay in a foster care placement.

Does a pending benefits or immigration application matter?

Yes. The court must find whether an application for Supplemental Security Income or for Special Immigrant Juvenile Status or other legal residency is pending, and whether continuing jurisdiction is in the child’s best interest or required for that application.

Amendment History

Rule 5.707 amended effective January 1, 2021; adopted effective January 1, 2012; previously amended effective July 1, 2012, January 1, 2014, and January 1, 2016.

(Subd (a) amended effective January 1, 2021; previously amended effective July 1, 2012, and January 1, 2016 .) (Subd (b) amended effective January 1, 2016.) (Subd (c) amended effective January 1, 2021; previously amended effective July 1, 2012, January 1, 2014, and January 1, 2016.) (Subd (d) amended effective July 1, 2012.)

Source & verification. Rule text is reproduced verbatim from the Judicial Council of California. Adopted by the Judicial Council of California. Last verified September 10, 2026. · Official source

Also known as: last review before 18 foster care Californianonminor dependent transition plan hearingsection 391 information documents serviceschild approaching majority review requirements