California Court of Appeal

Defendant Aaron S. was adjudged a dependent minor when he was 16 years old and became a nonminor dependent when he turned 18. The juvenile court terminated dependency jurisdiction shortly before defendant turned 19, finding that by not enrolling in school or having a job, defendant failed to participate in his Transitional Independent Living Case Plan. Defendant alleges that the juvenile court erred in finding that he had not participated in his Case Plan, and that the Santa Clara County Department of Family and Children's Services did not provide him a 90-day transition plan. Order terminating dependency jurisdiction is affirmed, where: 1) because the trial court acted within its discretion in finding that defendant did not meet any of the Welfare and Institutions Code section 11403(b) conditions, it was likewise within its discretion to conclude he was "not participating in a reasonable and appropriate transitional independent living case plan," as per section 391(c)(1)(B); and 2) defendant arguably forfeited the 90-day transition plan issue by failing to object before the juvenile court, but even if the issue had not been forfeited, termination without proof of a 90-day transition plan was harmless here because the Department separately provided information to defendant regarding each of the categories that would have been included in the plan.

Appellate Information

• Decided 03/26/2015
• Published 03/26/2015

Judges

• Grover

Court

• California Court of Appeal

Counsel