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Name: In re David B.
Case #: A146632
Court: CA Court of Appeal
District 1 DCA
Division: 4
Opinion Date: 06/07/2017

Minor’s appeal was dismissed as moot where appellant was now 18 and relief requested could not be provided. Appellant David was not quite 18 when the juvenile court dismissed a dependency petition alleging that he was abandoned by his mother and left without means of support. David was a victim of gun violence, and was a wheelchair-bound diabetic in need of daily assistance. He lived in a homeless shelter at the time of the petition. David appealed the dismissal order. The Department contended that the appeal is moot because David is now 18 and the court could not provide relief because he cannot be declared a dependent. The appellate court agreed, and dismissed the appeal. Dependency jurisdiction must be initiated in the first instance before the age of 18. Although dependency jurisdiction may be retained or continued for nonminors in certain circumstances until the age of 21, the statute mandates that original dependency jurisdiction must be assumed prior to the age of 18.