In re Jesse S.

About four months before his 20th birthday, defendant-appellant Jesse S. filed, in propria persona, a request under section 388.1 of the Welfare and Institutions Code to return to juvenile court jurisdiction and the foster care system, because the couple who adopted him the day before his 18th birthday was no longer supporting him, even though they were receiving payments on his behalf from California’s Adoption Assistance Program (AAP). The judge denied the request, noting that under the literal language of section 388.1 the very fact the couple were still receiving AAP payments on Jesse’s behalf precluded Jesse from reentry into the juvenile dependency system. The Court of Appeal "reluctantly" affirmed: the trial judge understood the plain language of the statue and concluded there was no question Jesse’s adoptive parents were still collecting adoption assistance program payments on Jesse’s behalf, the judge was forced to conclude Jesse was not eligible for reentry under the statute. View "In re Jesse S." on Justia Law