Rule 5.906. Request by nonminor for the juvenile court to resume jurisdiction (§§ 224.1(b), 303, 388(e), 388.1)

The court clerk must record the date and time received on the face of the originals submitted and provide a copy of the originals marked as received to the nonminor at no cost to the nonminor.

To ensure receipt of the original form JV-466 and, if submitted, the form JV-468 by the court of general jurisdiction within five court days as required in section 388(e), the court clerk must forward those originals to the clerk of the court of general jurisdiction within two court days of submission of the originals by the nonminor.

The form JV-466 and, if submitted, the form JV-468 must be filed immediately upon receipt by the clerk of the juvenile court of general jurisdiction.

If the nonminor files form JV-466, the clerk must notify the placing agency and provide the nonminor’s contact information within two court days after filing.

If JV-466 has not been filed when the voluntary reentry agreement is completed, the placing agency must file it within 15 court days after signing unless the nonminor files it sooner.

Within three court days of the filing of form JV-466 with the clerk of the juvenile court of general jurisdiction, a juvenile court judicial officer must review the form JV-466 and determine whether a prima facie showing has been made that the nonminor meets all of the criteria set forth below in (d)(1)(A)-(D) and enter an order as set forth in (d)(2) or (d)(3).

The clerk must notify appointed counsel of the appointment as soon as possible and no later than one court day after the appointment order is issued.

Within two court days of the issuance of the order directing the court clerk to do so, the court clerk must set a hearing on the juvenile court's calendar within 15 court days from the date the form JV-466 was filed with the court of general jurisdiction.

At least two court days before the hearing, the social worker, probation officer, or tribal case worker must file the report and any supporting documentation with the court and provide a copy to the nonminor and to the nonminor's attorney of record; and

Order the social worker, probation officer, or tribal case worker to develop with the nonminor and file with the court within 60 days a new Transitional Independent Living Case Plan;

Set a nonminor dependent status review hearing under rule 5.903 within the next six months; and

Enter an order terminating the appointment of the attorney appointed by the court to represent the nonminor, effective seven calendar days after the hearing; and

Enter an order terminating the appointment of the attorney appointed by the court to represent the nonminor, effective seven calendar days after the hearing.

A copy of the written order;

When a prima facie showing is denied, the clerk must serve the nonminor with blank forms JV-466 and JV-468.

A copy of How to Ask to Return to Juvenile Court Jurisdiction and Foster Care (form JV-464-INFO); and

The names and contact information for those attorneys approved by the court to represent children in juvenile court proceedings who have agreed to provide a consultation to any nonminor whose request was denied due to the failure to make a prima facie showing.

The court clerk must serve on the placing agency a copy of the written order.

Service must be by personal service, by first-class mail, or by electronic service in accordance with section 212.5 within two court days of the issuance of the order.

A proof of service must be filed.

The juvenile court clerk must serve notice as soon as possible, but no later than five court days before the date the hearing is set, as follows:

Hearing notice stating its date, time, place, and purpose, together with JV-466, must be served on the nonminor, counsel, the supervising agency, and the specified agency or tribal attorney.

Notice must not be served on the prosecuting attorney if delinquency jurisdiction has been dismissed, and the nonminor's petition is for the court to assume or resume transition jurisdiction under section 450.

Serve hearing notice on the nonminor’s parents only if the nonminor requested parental notice in form JV-466.

If the nonminor is an Indian child who elected in JV-466 to have the Indian Child Welfare Act apply, serve hearing notice on the tribal representative.

If the nonminor had a CASA and requested notice to the former CASA in JV-466, serve hearing notice on the local CASA office.

Service of the notice must be by personal service, by first-class mail, or by electronic service in accordance with section 212.5.

Proof of service of notice must be filed by the juvenile court clerk at least two court days prior to the hearing.

At least two court days before the hearing, the social worker, probation officer, or tribal case worker must file the report and any supporting documentation with the court and provide a copy to the nonminor and to the nonminor's attorney of record; and

In addition to serving the written order under (i)(3), the clerk must serve the nonminor with blank forms JV-466 and JV-468 and a copy of form JV-464-INFO.

The written findings and order must be served by the juvenile court clerk on all persons provided with notice of the hearing under (g)(1).

Service must be by personal service, by first-class mail, or by electronic service in accordance with section 212.5 within three court days of the issuance of the order.

The court in the county in which the nonminor resides is responsible for all costs of processing, copying, and forwarding the form JV-466 and form JV-468 to the clerk of the court of general jurisdiction.

No filing fees are required for the filing of form JV-466 and, if filed, form JV-468.

An endorsed, filed copy of each form filed must be provided at no cost to the nonminor or the placing agency that filed the request on the nonminor's behalf.

The notification must be by telephone, fax, e-mail, or other method approved by the presiding juvenile court judge that will ensure prompt notification and inform the placing agency that a copy of form JV-466 will be served on the agency and that one is currently available in the office of the juvenile court clerk.

This notification must be made by telephone, fax, e-mail, or other method approved by the presiding juvenile court judge that will ensure prompt notification.

Those petitions may be decided with or without a hearing using mandatory forms Petition and Order to Exit and Reenter Jurisdiction-Nonminor Dependent (form JV-469) and Findings and Orders Regarding Exit and Reentry of Jurisdiction-Nonminor Dependent (form JV-471).

The request to have the juvenile court assume or resume jurisdiction must be made on the Request to Return to Juvenile Court Jurisdiction and Foster Care (form JV-466).

It must be verified by the nonminor or if the nonminor is unable to provide verification due to a medical condition, the nonminor's representative, and to the extent known to the nonminor or the nonminor's representative, must include the following information:

The nonminor's name and date of birth;

The request must include the nonminor’s address and contact information unless the nonminor requests confidentiality by filing form JV-468.

The name and action number or court file number of the nonminor's case and the name of the juvenile court that terminated its dependency jurisdiction, delinquency jurisdiction, or transition jurisdiction;

The date the juvenile court entered the order terminating its dependency jurisdiction, delinquency jurisdiction, or transition jurisdiction;

If the nonminor wants the nonminor's parents or former legal guardians to receive notice of the filing of the request and the hearing, the name and residence addresses of the nonminor's parents or former guardians;

If the nonminor requests appointment of the former court-appointed attorney, the request must provide that attorney’s name and telephone number.

If the nonminor is an Indian child within the meaning of the Indian Child Welfare Act and chooses to have the Indian Child Welfare Act apply to the nonminor, the name of the tribe and the name, address, and telephone number of tribal representative;

If the nonminor requests notice to a former CASA, the request must include the CASA’s name.

The condition or conditions under section 11403(b) that the nonminor intends to satisfy;

The condition or conditions under section 11403(b) that the nonminor intends to satisfy; and

Whether the nonminor requires assistance to maintain or secure an appropriate, supervised placement, or is in need of immediate placement and will agree to a supervised placement under a voluntary reentry agreement.

The court may dismiss without prejudice a request filed under this rule that is not verified.

The form JV-466 must be completed and verified by the nonminor or the nonminor's representative if the nonminor is unable to provide verification due to a medical condition, and may be filed by the nonminor or the county child welfare services, probation department, or Indian tribe (placing agency) on behalf of the nonminor.

If the court determines that a prima facie showing has not been made, the court must enter a written order denying the request, listing the issues that resulted in the denial and informing the nonminor that a new form JV-466 may be filed when those issues are resolved.

If the judicial officer determines that a prima facie showing has been made, the judicial officer must issue a written order:

The notice must also include the nonminor's contact information and inform the attorney that a copy of the form JV-466 will be served on the attorney and that one is currently available in the office of the juvenile court clerk.

The hearing must be placed on the appearance calendar, heard before a juvenile court judicial officer, and recorded by a court reporter.

A statement that the nonminor may appear for the hearing by telephone; and

Instructions regarding the local juvenile court procedures for arranging to appear and appearing at the hearing by telephone.

The social worker, probation officer, or Indian tribal agency case worker (tribal case worker) must submit a report to the court that includes:

The report must confirm the specified prior foster-care jurisdiction and age facts, or that the nonminor is eligible to petition under section 388.1.

The report must state the worker’s opinion on the nonminor’s best interests in continuing in foster care and recommendation on assumption or resumption of jurisdiction.

Whether the nonminor and the placing agency have entered into a reentry agreement for placement in a supervised setting under the placement and care responsibility of the placing agency;

The type of placement recommended if the request to return to juvenile court jurisdiction and foster care is granted;

If the type of placement recommended is a placement in a setting where minor dependents also reside, the results of the background check of the nonminor under section 16504.5.

The background check under section 16504.5 is required only if a minor dependent resides in the placement under consideration for the nonminor.

A criminal conviction is not a bar to a return to foster care and the resumption of juvenile court jurisdiction over the nonminor as a nonminor dependent.

The court must read and consider the report, supporting documentation, the nonminor’s evidence, and any other evidence, and state on the record that it did so.

The following judicial findings and orders must be made and included in the written court documentation of the hearing.

Whether notice was given as required by law;

Whether the nonminor was previously under juvenile court jurisdiction subject to an order for foster care placement when the nonminor attained 18 years of age, or meets the requirements of subparagraph (5) of subdivision (c) of section 388.1;

Whether the nonminor has attained 21 years of age;

Whether the nonminor intends to satisfy a condition or conditions under section 11403(b);

Whether continuing or reentering and remaining in a foster care placement is in the nonminor's best interests;

Whether the nonminor and the placing agency have entered into a reentry agreement for placement in a supervised setting under the placement and care responsibility of the placing agency; and

Whether a nonminor who is an Indian child chooses to have the Indian Child Welfare Act apply to the nonminor as a nonminor dependent.

Grant the request and enter an order assuming or resuming juvenile court jurisdiction over the nonminor as a nonminor dependent and vesting responsibility for the nonminor's placement and care with the placing agency;

Order the social worker or probation officer to consult with the tribal representative regarding a new Transitional Independent Living Case Plan for the nonminor who chooses to have the Indian Child Welfare Act apply to the nonminor as a nonminor dependent and who is not under the supervision of a tribal case worker;

Make the findings and enter the appropriate orders under (e)(4) regarding appointment of an attorney for the nonminor.

Enter an order denying the request, listing the reasons for the denial, and informing the nonminor that a new form JV-466 may be filed when those circumstances change;

Enter an order denying the request to have juvenile court jurisdiction resumed; and

Form JV-468 must be kept under seal, with access limited to the listed court, agency, tribal, and attorney recipients.

If the submitted materials omit required information and the court cannot make the required findings and orders, the hearing must be continued for no more than five court days to allow additional information to be submitted as ordered.