Q: I am the probation officer of an 18 year-old non-minor dependent who is placed in a group home. He is under delinquency jurisdiction (602 status) and is expected to complete his rehabilitative goals in July at which time the judge will likely place him in transition jurisdiction. His group home is allowing him to own and use a cell phone and to be allowed to go and enter at will, citing the Community Care Licensing Interim Standards, even though these actions violate the youth’s probation terms that disallow either of those activities.
My question is as follows: Does this youth have the same rights as a youth who is in extended foster care under transition jurisdiction (450 status) or dependency (300 status) or do probation rules trump the non-minor dependent’s rights under Community Care Licensing?
A: No; this youth under delinquency jurisdiction does not have the same rights as a youth under transition or dependency jurisdiction. This youth will have the full rights as a non-minor dependent once the court has found that he has successfully met his rehabilitative goals. Assembly Bill 1712 clarified that the 602 non-minor dependent is not required to compete the mutual agreement, and their decision-making may be limited by the terms of their probation.
Specifically, WIC 303(d)(2) states that a nonminor dependent who remains under delinquency jurisdiction in order to complete his or her rehabilitative goals and is under a foster care placement order is not required to complete the mutual agreement as described in subdivision 9u) of Section 11400. His or her adult decision making authority may be limited by and subject to the care, supervision, custody, conduct, and maintenance orders as described in section 727.