California Welfare and Institutions Code 785 – (a) Where a minor is a ward of the juvenile court, the wardship …
(a) Where a minor is a ward of the juvenile court, the wardship did not result in the minor’s commitment to the Youth Authority, and the minor is found not to be a fit and proper subject to be dealt with under the juvenile court law with respect to a subsequent allegation of criminal conduct, any parent or other person having an interest in the minor, or the minor, through a properly appointed guardian, the prosecuting attorney, or probation officer, may petition the court in the same action in which the minor was found to be a ward of the juvenile court for a hearing for an order to terminate or modify the jurisdiction of the juvenile court. The court shall order that a hearing be held and shall give prior notice, or cause prior notice to be given, to those persons and by the means prescribed by Sections 776 and 779, by electronic service pursuant to Section 212.5, or where the means of giving notice is not prescribed by those sections, then by such means as the court prescribes.
(b) The petition shall be verified and shall state why jurisdiction should be terminated or modified in concise language.
Terms Used In California Welfare and Institutions Code 785
- Allegation: something that someone says happened.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Jurisdiction: (1) The legal authority of a court to hear and decide a case. Concurrent jurisdiction exists when two courts have simultaneous responsibility for the same case. (2) The geographic area over which the court has authority to decide cases.
- Probation: A sentencing alternative to imprisonment in which the court releases convicted defendants under supervision as long as certain conditions are observed.
(c) In determining whether or not the wardship shall terminate or be modified, the court shall be guided by the policies set forth in Section 202.
(d) In addition to its authority under this chapter, the Judicial Council shall adopt rules providing criteria for the consideration of the juvenile court in determining whether or not to terminate or modify jurisdiction pursuant to this section.
(Amended by Stats. 2017, Ch. 319, Sec. 146. (AB 976) Effective January 1, 2018.)