In re W.C.

W.C. was born in Guatemala in 1997. He lived with his grandparents because his mother was dead and his father missing. W.C. left Guatemala because of threats to his safety and came to the U.S. alone, in 2014. At the border, W.C. was taken into protective custody and placed with a distant relative in Oakland. The relative agreed to sponsor W.C. for asylum, but their relationship deteriorated. W.C. became homeless in October 2014. He started using drugs. Taken to a hospital for assessment after cutting himself at school, he was denied treatment because he lacked insurance. W.C. lived at a youth shelter for a while, then told social services he was living with a friend. Eventually, W.C. was suspended from school because he was under the influence of drugs, possessed a knife, and engaged in theft. W.C. requested protective custody. The court ordered him detained, with temporary placement and care provided by the agency. On May 1, 2015, W.C. turned 18. At a May 26 hearing, the agency recommended the dependency be dismissed because the juvenile court had made no legal determination on dependency. On July 7, the juvenile court dismissed the Welfare and Institutions Code section 300 petition. In February 2016, W.C. filed a Request to Return to Juvenile Court Jurisdiction and Foster Care, hoping to participate in job training. The court denied the request. The court of appeal affirmed, holding that a nonminor who was never found a dependent of the court could not reenter and be subject to juvenile court jurisdiction. View "In re W.C." on Justia Law