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Title
Juvenile Law: Vacatur of Convictions Related to Human Trafficking and Preservation of Extended Foster Care Eligibility (Action Required)
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Summary
Summary
The Family and Juvenile Law Advisory Committee recommends that the Judicial Council amend three rules and adopt one rule of the California Rules of Court, revise 10 Judicial Council forms, and approve two Judicial Council forms to implement Assembly Bill 604 (Gipson; Stats. 2017, ch. 707), which clarified that extended foster care benefits are available to young people who have suffered adjudications related to human trafficking that are eligible for vacatur under Penal Code section 236.14. The committee further recommends revising form JV-462 to include certain changes necessitated by recent legislation, making a technical change to form JV-462, and revising form JV-367 to reflect how the form is typically used. Finally, the committee recommends amending rules 5.903 and 5.906 to clarify who may attend status review hearings for former wards who have become nonminor dependents.
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Recommendation
Recommendation
The Family and Juvenile Law Advisory Committee recommends that the Judicial Council, effective January 1, 2019:
1. Amend rule 5.906, Request by nonminor for the juvenile court to resume jurisdiction, to clarify that a young person whose underlying conviction was vacated pursuant to Penal Code section 236.14 is eligible for extended foster care;
2. Revise form JV-464-INFO, How to Ask to Return to Juvenile Court Jurisdiction and Foster Care, to state that extended foster care is available to a young person who was in foster care on his or her 18th birthday and whose underlying petition is subject to vacatur;
3. Revise form JV-466, Request to Return to Juvenile Court Jurisdiction and Foster Care, to include sections that seek information relevant to an applicant who has obtained relief under Penal Code section 236.14;
4. Revise form JV-470, Findings and Orders Regarding Pri...
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