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Name: In re Joshua S.
Case #: S137583
Court: CA Supreme Court
District CalSup
Opinion Date: 06/07/2007

Minors living in Canada with a guardian are not eligible for aid under AFDC’s foster care program. The minor and his brother became dependents of the court, and were placed in Canada with their grandmother. Grandmother preferred long term foster care, but became the legal guardian. The juvenile court terminated its jurisdiction. The appellate court reversed that order, finding “exceptional circumstances” required continuing the court’s jurisdiction to serve the minors’ best interests by allowing them to remain eligible for financial aid. The Supreme Court granted review, and reversed the Court of Appeal’s decision. If the juvenile court placed the minors in foster care, they would still not be eligible under federal law for federal financial participation in any AFDC-FC payment. Therefore, remand was required.