Juvenile Court Foster Care Eligibility Toolkit: Jurisdictional Hearing

At the Jurisdictional Hearing, the court must make a factual determination as to whether the child comes within one or more of the provisions set forth in WIC 300, 601, or 602.

At the Jurisdictional Hearing for Delinquency cases, the Judge will:

• Review the probation officer’s written report and any medical, psychiatric, or other reports regarding the juvenile.
• Review any evidence offered by the district attorney and the juvenile’s attorney regarding the charge(s) and the minor.
• Make a determination of whether the petition filed against the juvenile is true and should therefore be sustained.” ⁶

At the Jurisdictional Hearing Dependency cases, the Judge will:

• Review the social worker’s report and listen to testimony from parents, child or other parties.
• Decide if any of the allegations made by the County Child Welfare agency are true and if the child isn’t safe, then the child will become a dependent of the court.
• Dismiss the case if it is decided that none of the allegations are true.

^{6 Ibid, 2.}
 

Timeframes

This hearing generally takes place within 15 court days of the detention order (WIC 334).

Notice

All parties must be noticed.

The Petition

1. An original WIC 300, 601, or 602 petition is filed as to whether a child comes with in the provision of the Welfare and Institutions Code.
2. In a dependency proceeding, the circumstances necessitating the filing of a petition may be due to the conduct of one or both parents. In a delinquency proceeding, the conduct of the child is considered.
3. The petition date is used to determine the month of Title IV-E eligibility.

The Report

1. The report must contain enough evidence to support each of the allegations.
2. The report may be used by the eligibility staff to gather more information about the circumstances and makeup of the home of removal.

Dismissal:

• After hearing the evidence, the court is required to make findings as to whether the child is a person described by WIC 300, 601 or 602.
• If the child is found not to be a person described by WIC 300, 601 or 602, the petition must be dismissed, and the child returned home.

Sustained Petitions:

• If the child is found to be a person described by WIC 300, 601 or 602, findings must be noted in the order.
• After making a finding that the child is described under WIC 300, 601 or 602, the court will then conduct and/or set a Dispositional Hearing. (WIC 358(a), 702)

1. If the court did not previously make the placement and care and/or reasonable efforts finding(s), they may be found in this court order.
2. If order is made, payment may begin as of this date provided all other eligibility criteria are met.

Download and review samples.

Sample Jurisdictional Hearing Court Order