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Name: In re Andrae A.
Case #: B262556
Court: CA Court of Appeal
District 2 DCA
Division: 3
Opinion Date: 10/15/2015

Where nonminor former dependent did not meet the eligibility requirement for further foster care services, the juvenile court did not abuse its discretion by failing to continue jurisdiction. Andrae was a dependent of the juvenile court and placed in foster care. At age 13, his caregiver requested he be removed because he had molested the caregiver’s daughter. Andrae was then charged with lewd acts on a minor and placed in a new foster home. In 2012 he entered into a transitional independent living plan and placed with his grandmother. In 2013, he left the state. In 2014, at the age of 17, he was arrested in Arizona and extradited to California. Andrae told his social worker he was not interested in participating in continued foster care and wanted his dependency case closed. In July 2014, he was adjudicated to have violated Penal Code section 288, and was ordered confined at DJJ. In November 2014, Andrae turned 18 and DCFS recommended terminating dependency jurisdiction. The juvenile court followed the recommendation, over Andrae’s objection. On appeal, Andre contended that the juvenile court erred in terminating its dependency jurisdiction and failing to provide him benefits available under AB 12. The appellate court rejected the argument. To be eligible for AB 12 benefits, an applicant must be a nonminor dependent, i.e., currently in foster care. Andrae was not in foster care, but was in a juvenile detention facility. Further, Andrae stated that he did not want to be in foster care and wanted his dependency case closed, therefore it was reasonable to conclude that he did not wish to remain subject to dependency jurisdiction. Nor was he participating in any transitional independent living plan as required by the statute.