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2014 California Rules of Court

Rule 5.565. Hearing on subsequent and supplemental petitions (§§ 342, 364, 386, 387)

(a) Contents of subsequent and supplemental petitions (§§ 342, 364, 387)

A subsequent petition and a supplemental petition must be verified and, to the extent known to the petitioner, contain the information required in an original petition as described in rule 5.524. A supplemental petition must also contain a concise statement of facts sufficient to support the conclusion that the previous disposition has not been effective in the protection of the child or, in the case of a dependent child placed with a relative, that the placement is not appropriate in view of the criteria in section 361.3.

(Subd (a) amended effective January 1, 2007; repealed and adopted effective January 1, 1990; previously amended effective January 1, 1992, January 1, 1999, January 1, 2001, and January 1, 2006.)

(b) Setting the hearing (§§ 334, 342, 364, 386, 387)

When a subsequent or supplemental petition is filed, the clerk must immediately set it for hearing within 30 days of the filing date. The hearing must begin within the time limits prescribed for jurisdiction hearings on original petitions under rule 5.670.

(Subd (b) amended effective January 1, 2007; adopted as subd (c); previously amended and relettered effective January 1, 2001; previously amended effective January 1, 1992, July 1, 1995, and January 1, 2006.)

(c) Notice of hearing (§§ 290.1, 290.2, 292, 297)

For petitions filed under sections 342 or 387, notice must be provided in accordance with sections 290.1, 290.2, and 291. Notice for petitions filed under section 364 must be provided as stated in section 292.

(Subd (c) adopted effective January 1, 2006.)

(d) Initial hearing (§ 387)

Chapter 12, article 1 of these rules applies to the case of a child who is the subject of a supplemental or subsequent petition.

(Subd (d) amended effective July 1, 2010; adopted as subd (d); previously amended and relettered as subd (c) effective January 1, 2001; previously amended and relettered effective January 1, 2006; previously amended effective January 1, 2007.)

(e) Requirement for bifurcated hearing

The hearing on a subsequent or supplemental petition must be conducted as follows:

(1)The procedures relating to jurisdiction hearings prescribed in chapter 12, article 2 apply to the determination of the allegations of a subsequent or supplemental petition. At the conclusion of the hearing on a subsequent petition the court must make a finding that the allegations of the petition are or are not true. At the conclusion of the hearing on a supplemental petition the court must make findings that:

(A)The factual allegations are or are not true; and

(B)The allegation that the previous disposition has not been effective is or is not true.

(2)The procedures relating to disposition hearings prescribed in chapter 12, article 3 apply to the determination of disposition on a subsequent or supplemental petition. If the court finds under a subsequent petition that the child is described by section 300(a), (d), or (e), the court must remove the child from the physical custody of the parent or guardian, if removal was not ordered under the previous disposition.

(Subd (e) amended effective July 1, 2010; adopted as subd (e); previously amended and relettered as subd (d) effective January 1, 2001; previously relettered effective January 1, 2006; previously amended effective January 1, 2007.)

(f) Supplemental petition (§ 387)-permanency planning

If a dependent child was returned to the custody of a parent or guardian at the 12-month review or the 18-month review or at an interim review between 12 and 18 months and a 387 petition is sustained and the child removed once again, the court must set a hearing under section 366.26 unless the court finds there is a substantial probability of return within the next 6 months or, if more than 12 months had expired at the time of the prior return, within whatever time remains before the expiration of the maximum 18-month period.

(Subd (f) amended effective January 1, 2007; adopted as subd (f); relettered as subd (e) effective January 1, 2001; previously amended and relettered effective January 1, 2006.)

Rule 5.565 amended effective July 1, 2010; adopted as rule 1431 effective January 1, 1990; previously amended effective January 1, 1992, July 1, 1995, January 1, 1999, July 1, 1999, January 1, 2001, and January 1, 2006; previously amended and renumbered effective January 1, 2007.

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