California Court of Appeal

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In re Jesse S., 054169

In an adoptee's request under section 388.1 of the Welfare and Institutions Code to return to juvenile court jurisdiction and the foster care system, because the couple who adopted him the day before his 18th birthday were no longer supporting him, even though they were receiving payments on his behalf from California's Adoption Assistance Program (AAP), section 16115 et seq, the trial court's denial of the request is reluctantly affirmed where, under the literal language of section 388.1 the very fact the couple were still receiving AAP payments on adoptee's behalf precluded him from reentry into the juvenile dependency system. The court advises the Legislature to either change the law or--by reconsidering it and leaving it unchanged--reassure us that the present system is what they intended.

Appellate Information

  • Argued
  • Submitted
  • Decided
  • Published 2017/06/07

Judges

  • BEDSWORTH

Court

  • California Court of Appeal

Counsel


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