(a) Requirement for 12-month review; setting of hearing (§§ 293, 366.21)
The case of any dependent child whom the court has removed from the custody of the parent or legal guardian must be set for a permanency hearing within 12 months of the date the child entered foster care, as defined in section 361.49, and no later than 18 months from the date of the initial removal.
(Subd (a) amended effective January 1, 2017; previously amended effective January 1, 2001, January 1, 2004, January 1, 2006, January 1, 2007, and January 1, 2010.)
(b) Determinations and conduct of hearing (§§ 309(e), 361.5, 366, 366.1, 366.21)
At the hearing, the court and all parties must comply with all relevant requirements and procedures in rule 5.708, General review hearing requirements. The court must make all appropriate findings and orders specified in rule 5.708 and proceed under section 366.21(f) and (g), and as follows:
(1) The requirements in rule 5.708 (c) must be followed in entering a reasonable services finding.
(2) If the court has previously placed or at this hearing places the child with a noncustodial parent, the court must follow the procedures in rule 5.708 (g) and section 361.2.
(3) The court may order that the name and address of the foster home remain confidential.
(4) In the case of an Indian child, if the child is not returned to his or her parent or legal guardian, the court must determine whether:
(A) The agency has consulted the child's tribe about tribal customary adoption;
(B) The child's tribe concurs with tribal customary adoption; and
(C) Tribal customary adoption is an appropriate permanent plan for the child.
(5) If the child is not returned to his or her parent or legal guardian and the court terminates reunification services, the court must find as follows:
(A) The agency has made diligent efforts to locate an appropriate relative; or
(B) The agency has not made diligent efforts to locate an appropriate relative. If the court makes such a finding, the court or administrative review panel must order the agency to make diligent efforts to locate an appropriate relative; and
(C) Each relative whose name has been submitted to the agency as a possible caregiver has been evaluated as an appropriate placement resource; or
(D) Each relative whose name has been submitted to the agency as a possible caregiver has not been evaluated as an appropriate placement resource. If the court makes such a finding, the court must order the agency to evaluate as an appropriate placement resource each relative whose name has been submitted to the agency as a possible caregiver.
(Subd (b) amended effective January 1, 2018; repealed and adopted as subd (c)(2); previously amended and relettered as subd (c) effective July 1, 1999, as subd (d) effective January 1, 2002, as subd (c) effective January 1, 2001, and as subd (b) effective January 1, 2010; previously amended effective January 1, 1992, January 1, 1993, January 1, 1995, July 1, 1995, July 1, 1997, January 1, 1999, January 1, 2004, January 1, 2005, January 1, 2007, July 1, 2010, January 1, 2014, and January 1, 2017.)
Rule 5.715 amended effective January 1, 2018; adopted as rule 1461 effective January 1, 1990; previously amended and renumbered effective January 1, 2007; previously amended effective January 1, 1992, January 1, 1993, January 1, 1994, January 1, 1995, July 1, 1995, July 1, 1997, January 1, 1999, July 1, 1999, January 1, 2000, January 1, 2001, January 1, 2004, January 1, 2005, January 1, 2006, January 1, 2010, July 1, 2010, January 1, 2014, and January 1, 2017.