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2014 California Rules of Court

Rule 5.668. Commencement of hearing-explanation of proceedings (§§ 316, 316.2)

(a) Commencement of hearing

At the beginning of the initial hearing on the petition, whether the child is detained or not detained, the court must give advisement as required by rule 5.534 and must inform each parent and guardian present, and the child, if present:

(1)Of the contents of the petition;

(2)Of the nature of, and possible consequences of, juvenile court proceedings;

(3)If the child has been taken into custody, of the reasons for the initial detention and the purpose and scope of the detention hearing; and

(4)If the petition is sustained and the child is declared a dependent of the court and removed from the custody of the parent or guardian, the court-ordered reunification services must be considered to have been offered or provided on the date the petition is sustained or 60 days after the child's initial removal, whichever is earlier. The time for services must not exceed 12 months for a child aged three or over at the time of the initial removal and must not exceed 6 months for a child who was under the age of three at the time of the initial removal if the parent or guardian fails to participate regularly and make substantive progress in any court-ordered treatment program.

(Subd (a) amended effective January 1, 2007; adopted effective January 1, 1999; previously amended effective January 1, 2001.)

(b) Paternity inquiry

The court must also inquire of the child's mother and of any other appropriate person present as to the identity and address of any and all presumed and alleged fathers of the child. Questions, at the discretion of the court, may include:

(1)Has there been a judgment of paternity?

(2)Was the mother married, or did she believe she was married, at or any time after the time of conception?

(3)Was the mother cohabiting with a man at the time of conception?

(4)Has the mother received support payments or promises of support for the child or for the mother during her pregnancy?

(5)Has a man formally or informally acknowledged paternity, including the execution of a voluntary declaration of paternity under Family Code section 7571?

(6)Have paternity tests been administered and, if so, what were the results?

(Subd (b) amended effective January 1, 2007; adopted effective January 1, 1999.)

(c) Health and education information (§ 16010)

The court must order each parent and guardian present either to complete Your Child's Health and Education (form JV-225) or to provide the information necessary for the social worker or probation officer, court staff, or representative of the local child welfare agency to complete the form. The social worker or probation officer assigned to the dependency matter must provide the child's attorney with a copy of the completed form. Before each periodic status review hearing, the social worker or probation officer must obtain and include in the reports prepared for the hearing all information necessary to maintain the accuracy of form JV-225.

(Subd (c) amended effective January 1, 2008; adopted effective January 1, 2002; previously amended effective January 1, 2007.)

Rule 5.668 amended effective January 1, 2008; repealed and adopted as rule 1441 effective January 1, 1998; previously amended effective January 1, 1999, January 1, 2001, and January 1, 2002; previously amended and renumbered effective January 1, 2007.

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