Title
Title
Rules and Forms | Juvenile Law: Nonminor Disposition Hearing-Dependency (Action Required)
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Summary
Summary
To implement recent legislation creating a new disposition hearing for nonminors, the Family and Juvenile Law Advisory Committee recommends adopting a new rule and amending two rules of the California Rules of Court and adopting three new Judicial Council forms. The statutory amendments created a disposition hearing for a class of youth who were within the jurisdiction of the juvenile court because of abuse or neglect as a child but had reached the age of majority before a disposition hearing could be held and thus ensure their eligibility for extended foster care. This proposal would create a uniform procedure for these nonminor disposition hearings through a new rule of court, two forms for the court’s findings and orders, and a form for the youth to provide the required informed consent to proceed with the nonminor disposition hearing.
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Recommendation
Recommendation
The Family and Juvenile Law Advisory Committee recommends that the Judicial Council, effective January 1, 2021:
1. Adopt rule 5.697, Disposition Hearing for a Nonminor, to implement the requirements of section Welfare and Institutions Code section 358(d);
2. Amend rules 5.682 and 5.684 on uncontested and contested jurisdiction hearings, respectively, to clarify that the setting of a nonminor disposition hearing is required when the child will turn 18 before the holding of the disposition hearing; and
3. Adopt Findings and Orders After Nonminor Disposition Hearing (form JV-461), Dispositional Attachment: Nonminor Dependent (form JV-461(A)), and Nonminor’s Informed Consent to Hold Disposition Hearing (form JV-463).