An amendment to AB 748 now allows for a child welfare dispositional hearing to occur for a youth who has turned 18 if the youth was a minor at a jurisdictional hearing prior to his or her 18th birthday and was continuously detained. The youth must provide informed consent for the dispositional hearing to take place. The dispositional hearing shall be held within 30 days of the jurisdictional hearing.
If the 18 year old is adjudicated as a dependent, the youth shall be treated as if they attained 18 years of age while under an order of foster care placement, which will make them eligible for extended foster care. If the youth chooses not to remain in extended foster care, the court shall set a hearing for termination of jurisdiction within 30 days. If jurisdiction is terminated, the nonminor may petition the court to resume dependency jurisdiction at any time before turning age 21. (ACL 21-62, June 16, 2021).