(a) Notice of hearing (§ 293)
The petitioner or the clerk must serve written notice of review hearings on Notice of Review Hearing (form JV-280), in the manner provided in sections 224.2 or 293 as appropriate, to all persons or entities entitled to notice under sections 224.2 and 293 and to any CASA volunteer, educational rights holder, or surrogate parent appointed to the case.
(Subd (a) amended and relettered effective January 1, 2017; adopted as subd (b); previously amended effective January 1, 2014.)
(b) Reports (§§ 366.05, 366.1, 366.21, 366.22, 366.25, 16002)
Before the hearing, the social worker must investigate and file a report describing the services offered to the family, progress made, and, if relevant, the prognosis for return of the child to the parent or legal guardian.
(1) The report must include:
(A) Recommendations for court orders and the reasons for those recommendations;
(B) A description of the efforts made to achieve legal permanence for the child if reunification efforts fail;
(C) A factual discussion of each item listed in sections 366.1 and 366.21(c); and
(D) A factual discussion of the information required by section 16002(b).
(2) At least 10 calendar days before the hearing, the social worker must file the report and provide copies to the parent or legal guardian and his or her counsel, to counsel for the child, to any CASA volunteer, and, in the case of an Indian child, to the child's identified Indian tribe. The social worker must provide a summary of the recommendations to any foster parents, relative caregivers, or certified foster parents who have been approved for adoption.
(3) The court must read and consider, and state on the record that it has read and considered, the report of the social worker, the report of any CASA volunteer, the case plan submitted for the hearing, any report submitted by the child's caregiver under section 366.21(d), and any other evidence.
(Subd (b) relettered effective January 1, 2017; adopted as subd (c); previously amended effective July 1, 2010, and January 1, 2016.)
(c) Release of Information to the Medical Board of California
If the child has signed Position on Release of Information to Medical Board of California (form JV-228), the social worker must provide the child with a blank copy of Withdrawal of Release of Information to Medical Board of California (form JV-229) before the hearing if it is the last hearing before the child turns 18 years of age or if the social worker is recommending termination of juvenile court jurisdiction.
(Subd (c) adopted effective September 1, 2020.)
(d) Reasonable services (§§ 366, 366.21, 366.22, 366.25, 366.3)
(1) If the child is not returned to the custody of the parent or legal guardian, the court must consider whether reasonable services have been offered or provided. The court must find that reasonable services have been offered or provided or have not been offered or provided.
(2) If the child is not returned to the custody of the parent or legal guardian, the court must consider the safety of the child and make the findings listed in sections 366(a) and 16002.
(Subd (d) relettered effective September 1, 2020; adopted as subd (e); previously amended and relettered as subd (c) effective January 1, 2017;.)
(e) Educational and developmental-services needs (§§ 361, 366, 366.1, 366.3)
The court must consider the educational and developmental-services needs of each child and nonminor or nonminor dependent, including whether it is necessary to limit the rights of the parent or legal guardian to make educational or developmental-services decisions for the child. If the court limits those rights or, in the case of a nonminor or nonminor dependent who has chosen not to make educational or developmental-services decisions for him- or herself or has been deemed incompetent, finds that appointment would be in the best interests of the nonminor or nonminor dependent, the court must appoint a responsible adult as the educational rights holder as defined in rule 5.502. Any limitation on the rights of a parent or guardian to make educational or developmental-services decisions for the child must be specified in the court order. The court must follow the procedures in rules 5.649-5.651.
(Subd (e) relettered effective September 1, 2020; adopted as subd (f); previously amended effective January 1, 2014, and January 1, 2016; previously relettered as subd (d) effective January 1, 2017.)
(f) Case plan (§§ 16001.9, 16501.1)
The court must consider the case plan submitted for the hearing and must find as follows:
(1) The case plan meets the requirements of section 16501.1; or
(2) The case plan does not meet the requirements of section 16501.1, in which case the court must order the agency to comply with the requirements of section 16501.1; and
(3) The child was actively involved, as age- and developmentally appropriate, in the development of the case plan and plan for permanent placement; or
(4) The child was not actively involved, as age- and developmentally appropriate, in the development of the case plan and plan for permanent placement, in which case the court must order the agency to actively involve the child in the development of the case plan and plan for permanent placement, unless the court finds the child is unable, unavailable, or unwilling to participate; and
(5) Each parent or legal guardian was actively involved in the development of the case plan and plan for permanent placement; or
(6) Each parent or legal guardian was not actively involved in the development of the case plan and plan for permanent placement, in which case the court must order the agency to actively involve that parent or legal guardian in the development of the case plan and plan for permanent placement, unless the court finds that the parent or legal guardian is unable, unavailable, or unwilling to participate; and
(7) In the case of an Indian child, the agency consulted with the Indian child's tribe, as defined in rule 5.502, and the tribe was actively involved in the development of the case plan and plan for permanent placement, including consideration of tribal customary adoption as an appropriate permanent plan for the child if reunification is unsuccessful; or
(8) The agency did not consult with the Indian child's tribe, as defined in rule 5.502, and the tribe was not actively involved in the development of the case plan and plan for permanent placement, including consideration of tribal customary adoption as an appropriate permanent plan for the child if reunification is unsuccessful, in which case the court must order the agency to do so, unless the court finds that the tribe is unable, unavailable, or unwilling to participate; and
(9) For a child 12 years of age or older in a permanent placement, the child was given the opportunity to review the case plan, sign it, and receive a copy; or
(10) The child was not given the opportunity to review the case plan, sign it, and receive a copy, in which case the court must order the agency to give the child the opportunity to review the case plan, sign it, and receive a copy.
(Subd (f) relettered effectiveSeptember 1, 2020; adopted as subd (g); previously amended effective July 1, 2010, January 1, 2014, January 1, 2016, and January 1, 2019; previously amended and relettered as subd (e) effective January 1, 2016.)
(g) Sibling findings; additional findings (§§ 366, 16002)
(1) The court must determine whether the child has other siblings under the court's jurisdiction. If so, the court must make the additional determinations required by section 366(a)(1)(D); and
(2) The court must enter any additional findings as required by section 366 and section 16002.
(Subd (g) relettered effective September 1, 2020; adopted as subd (j); previously amended effective January 1, 2016; previously relettered as subd (f) effective January 1, 2017.)
(h) Placement with noncustodial parent (§ 361.2)
If at any review hearing the court places the child with a noncustodial parent, or if the court has previously made such a placement, the court may, after stating on the record or in writing the factual basis for the order:
(1) Continue supervision and reunification services;
(2) Order custody to the noncustodial parent, continue supervision, and order family maintenance services; or
(3) Order custody to the noncustodial parent, terminate jurisdiction, and direct that Custody Order-Juvenile-Final Judgment (form JV-200) be prepared and filed under rule 5.700.
(Subd (h) relettered effective September 1, 2020; adopted as subd (k); previously relettered effective January 1, 2017.)
(i) Setting a hearing under section 366.26 for one parent
The court may not set a hearing under section 366.26 to consider termination of the rights of only one parent unless:
(1) That parent is the only surviving parent;
(2) The rights of the other parent have been terminated by a California court of competent jurisdiction or by a court of competent jurisdiction of another state under the statutes of that state; or
(3) The other parent has relinquished custody of the child to the county welfare department.
(Sub(i) relettered effective September 1, 2020; adopted as subd (l); previously relettered as subd (h) effective January 1, 2017.)
(j) Requirements on setting a section 366.26 hearing (§§ 366.21, 366.22, 366.25)
The court must make the following orders and determinations when setting a hearing under section 366.26:
(1) The court must ensure that notice is provided as required by section 294.
(2) The court must follow all procedures in rule 5.590 regarding writ petition rights, advisements, and forms.
(Subd (j) relettered effective September 1, 2020; adopted as subd (n) previously amended effective July 1, 2010, January 1, 2014, January 1, 2015, January 1, 2016, and July 1, 2016; previously amended and relettered as Subd (i) effective January 1, 2017.)
(k) Appeal of order setting section 366.26 hearing
An appeal of any order setting a hearing under section 366.26 is subject to the limitation stated in subdivision (l) of section 366.26 and must follow the procedures in rules 8.400-8.416.
(Subd (k) relettered effective September 1, 2020; adopted as subd (o); relettered as subd (j) effective January 1, 2017; previously amended effective January 1, 2019.)
Rule 5.708 amended effective September 1, 2020; adopted effective January 1, 2010; previously amended effective July 1, 2010, January 1, 2014, January 1, 2015, January 1, 2016, July 1, 2016, January 1, 2017, and January 1, 2019.