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Changes to Jurisdiction
Dependency can begin with a child being a dependent under DFCS jurisdiction and then transferring to a ward under JPD jurisdiction when the child commits a crime. The dependency of the child is continuous.
To determine whether AFDC linkage can be established in this situation, the FC SSBS should use the original DFCS petition that removed the child from the parents. Linkage is a one-time determination that continues until dependency is dismissed and the child is returned to the home on a non-temporary basis. However changes in the child’s placement or circumstances may affect that determination.
DFCS files a petition and declares the child a dependent under DFCS jurisdiction. The child then commits a crime. JPD files a petition and child becomes a ward under the jurisdiction of JPD 602. The DFCS petition is then dismissed.
The child serves her sentence but is under 18 years old and not able to be released to a parent. DFCS files a new petition and the child returns to DFCS dependency. JPD in turn dismisses their petition. Dependency has been continuous since being removed from parent at the very beginning. The current DFCS court order should have wording “the original conditions that led to minor’s dependency are still in effect.”
JPD Dependency to DFCS
Dependency can begin when the child commits a crime and becomes a ward under the jurisdiction of JPD. If the child cannot return home after serving his/her time and they are under 18 years old, DFCS will file a petition making the child a dependent under DFCS jurisdiction. The child(s) dependency is continuous.
To determine whether AFDC linkage can be established in this situation, the FC SSBS should use the original JPD petition that removed the child from the parents. Linkage is a one-time determination that continues until dependency is dismissed and the child is returned to the home on a non-temporary basis. Changes in the child’s placement or circumstances may affect that determination. The current JPD court order should have the wording “the original conditions that led to minor’s dependency are still in effect.”
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