Rule 5.900.Nonminor dependent—preliminary provisions (§§ 224.1(b), 295, 303, 366, 366.3, 388, 391, 607(a))

Extended foster care rests on a different footing from every other juvenile proceeding, and this rule says why. Jurisdiction over a person aged 18 or older as a nonminor dependent is the result of a consensual agreement between that person and the agency for a voluntary placement in a supervised setting — including an agreement to work together on implementing the plan they build. Its purpose is to deliver support, guidance and foster care services so the young person can reach independence, including relationships with caring and committed adults who can be lifelong connections.

The chapter applies to nonminor dependents as the statute defines them. It does not stop the juvenile court keeping dependency or delinquency jurisdiction over someone 18 or older who does not meet the eligibility requirements, under the ordinary provisions.

Legal status is stated plainly. Nothing in the codes or the rules gives the agency legal custody of a nonminor dependent, or takes away any right they have as an adult under California law. A nonminor dependent keeps all their adult decisionmaking authority — though under delinquency jurisdiction that authority may be limited by the care, supervision, custody, conduct and maintenance orders the statute permits.

Hearings follow from that. Every hearing involving a nonminor dependent must be conducted in a manner that respects their legal status as an adult. Unless there is a contested issue of fact or law, hearings must be informal and nonadversarial, with all parties working collaboratively with the young person toward their plan goals. And the nonminor may designate their attorney to appear on their behalf.

Telephone appearance is provided for — at the hearing to terminate jurisdiction, the status review, or the hearing on a request to resume jurisdiction — though the paragraph granting it is suspended for a period during which the general remote appearance rule applies instead. The court may require a personal appearance on a showing of good cause and that it will not cause undue hardship. Either way the telephone appearance must be at no cost to the young person.

Finally, the clerk must open a separate court file for nonminor dependents, ensuring confidentiality and allowing access only to those the statute lists.