Supreme Court of California

In the context a child who has been adjudged to be a dependent of the juvenile court and the termination of a juvenile court's dependency jurisdiction pursuant to California Welf. & Inst. Code section 366.3(a), a court of appeal's judgment in a dependency case that "exceptional circumstances" existed precluding the termination of a trial court's dependency jurisdiction is reversed where: 1) the question of the children's eligibility for certain benefits was properly before the court of appeal; 2) the exhaustion of administrative remedies requirement's futility exception applied; and 3) the children were ineligible for aid under California's Aid to Families with Dependent Children-Foster Care program.

Appellate Information

• Decided 06/07/2007
• Published 06/07/2007

Judges

• CHIN, J.

Court

• Supreme Court of California

Counsel

• For Appellant:
  
• Merrill Lee Toole, Monrovia, under appointment by the Supreme Court, for Appellants., Laura Streimer, Lara J. Holtzman, Natasha Frost;  Horvitz & Levy, David S. Ettinger and Mary-Christine Sungaila, Encino, for The Alliance for Children's Rights as Amicus Curiae on behalf of Appellants.


• For Appellees:
  
• Lloyd W. Pelham and Raymond G. Fortner, Jr., County Counsel, Larry Cory, Assistant County Counsel, Stephanie Jo Farrell and William D. Thetford, Deputy County Counsel, for Plaintiff and Respondent., Bill Lockyer, Attorney General, Thomas R. Yanger, Assistant Attorney General, and Paul Reynaga, Deputy Attorney General, for Department of Social Services as Amicus Curiae on behalf of Plaintiff and Respondent., Jennifer B. Henning for California State Association of Counties as Amicus Curiae on behalf of Plaintiff and Respondent.