Q: I am the probation officer for a young man who will turn age 18 in January. He is a 602 ward, has graduated from high school and met his rehabilitative goals. Reunification services have been terminated. We believe his home is unsafe. What court finding is required for him to be placed in 450 transition jurisdiction rather than be returned to his home?
A: The court must find that “return of the child to the custody of a parent would create a substantial risk of detriment to the child’s safety, protection, or physical or emotional well-being…” (WIC 450(4)(A)) In that circumstance, delinquency court can place him in 450 transition jurisdiction, provided he meets all other eligibility criteria, which include:
- he is a ward in foster care placement;
- he has has met their rehabilitative goals and juvenile court jurisdiction is no longer required;
- he is older than 17 years 5 months and
- reunification services have been terminated
- he has indicated an intent to sign a mutual agreement.
Source: Welf. & Inst. Code § 450 et seq.