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2014 California Rules of Court

Rule 5.695. Findings and orders of the court-disposition

(a) Orders of the court (§§ 245.5, 358, 360, 361, 361.2, 390)

At the disposition hearing, the court may:

(1)Dismiss the petition with specific reasons stated in the minutes;

(2)Place the child under a program of supervision as provided in section 301 and order that services be provided;

(3)Appoint a legal guardian for the child;

(4)Declare dependency and appoint a legal guardian for the child;

(5)Declare dependency, permit the child to remain at home, and order that services be provided;

(6)Declare dependency, permit the child to remain at home, limit the control to be exercised by the parent or guardian, and order that services be provided; or

(7)Declare dependency, remove physical custody from the parent or guardian, and

(A)After stating on the record or in writing the factual basis for the order, 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;

(B)After stating on the record or in writing the factual basis for the order, order custody to the noncustodial parent with services to one or both parents; or

(C)Make a placement order and consider granting specific visitation rights to the child's grandparents.

(Subd (a) amended effective January 1, 2007; previously amended effective July 1, 1995.)

(b) Appointment of a legal guardian (§ 360)

(1)At the disposition hearing, the court may appoint a legal guardian for the child if:

(A)The parent has advised the court that the parent does not wish to receive family maintenance services or family reunification services;

(B)The parent has executed and submitted Waiver of Reunification Services (Juvenile Dependency) (form JV-195);

(C)The court finds that the parent, and the child if of sufficient age and comprehension, knowingly and voluntarily waive their rights to reunification services and agree to the appointment of the legal guardian; and

(D)The court finds that the appointment of the legal guardian is in the best interest of the child.

(2)If the court appoints a legal guardian, it must:

(A)State on the record or in the minutes that it has read and considered the assessment;

(B)State on the record or in the minutes its findings and the factual bases for them;

(C)Advise the parent that no reunification services will be offered or provided;

(D)Make any appropriate orders regarding visitation between the child and the parent or other relative, including any sibling; and

(E)Order the clerk to issue letters of guardianship, which are not subject to the confidential protections of juvenile court documents as described in section 827.

(3)The court may appoint a legal guardian without declaring the child a dependent of the court. If dependency is declared, a six-month review hearing must be set.

(Subd (b) amended effective January 1, 2007; adopted effective July 1, 1995; previously amended effective July 1, 1999, and July 1, 2002.)

(c) Limitations on parental control (§§ 245.5, 361, 362; Gov. Code, § 7579.5)

(1)If a child is declared a dependent, the court may clearly and specifically limit the control over the child by a parent or guardian.

(2)If the court orders that a parent or guardian retain physical custody of the child subject to court-ordered supervision, the parent or guardian must be ordered to participate in child welfare services or services provided by an appropriate agency designated by the court.

(3)The court must consider whether it is necessary to limit the rights of the parent or guardian to make educational or developmental-services decisions for the child or youth. If the court limits those rights, it must follow the procedures in rules 5.649-5.651.

(Subd (c) amended effective January 1, 2014; adopted as subd (b); relettered effective July 1, 1995; previously amended effective July 1, 2002, January 1, 2004, January 1, 2007, and January 1, 2008.)

(d) Removal of custody-required findings (§ 361)

The court may not order a dependent removed from the physical custody of a parent or guardian with whom the child resided at the time the petition was filed, unless the court finds by clear and convincing evidence any of the following:

(1)There is a substantial danger to the physical health, safety, protection, or physical or emotional well-being of the child, or will be if the child is returned home, and there is no reasonable alternative means to protect that child;

(2)The parent or guardian is unwilling to have physical custody of the child and has been notified that if the child remains out of the parent's or guardian's physical custody for the period specified in section 366.26, the child may be declared permanently free of his or her custody and control;

(3)The child is suffering severe emotional damage, as indicated by extreme anxiety, depression, withdrawal, or untoward aggressive behavior toward self or others, and no reasonable alternative means to protect the child's emotional health exists;

(4)The child has been sexually abused by a parent or guardian or member of the household or other person known to his or her parent and there is no reasonable alternative means to protect the child or the child does not wish to return to the parent or guardian; or

(5)The child has been left without any provisions for his or her support and there is no parent or guardian available to maintain or provide for the care, custody, and control of the child.

(Subd (d) amended effective January 1, 2007; adopted as subd (c); relettered effective July 1, 1995; previously amended effective July 1, 1997, July 1, 1999, and July 1, 2002.)

(e) Reasonable efforts finding

The court must consider whether reasonable efforts to prevent or eliminate the need for removal have been made and make one of the following findings:

(1)Reasonable efforts have been made; or

(2)Reasonable efforts have not been made.

(Subd (e) amended effective January 1, 2006; adopted as subd (d); relettered effective July 1, 1995; amended effective July 1, 2002.)

(f) Family-finding determination (§ 309)

(1)If the child is removed, the court must consider whether the social worker has exercised due diligence in conducting the investigation to identify, locate, and notify the child's relatives. The court may consider the activities listed in (g) as examples of due diligence.

If the disposition hearing is continued, the court may set a hearing to be held 30 days from the date of removal or as soon as possible thereafter to consider whether the social worker has exercised due diligence in conducting the investigation to identify, locate, and notify the child's relatives.

(2)If the court finds that the social worker has not exercised due diligence, the court may order the social worker to exercise due diligence in conducting an investigation to identify, locate, and notify the child's relatives-except for any individual the social worker identifies as inappropriate to notify under rule 5.637(b)-and may require a written or oral report to the court.

(Subd (f) amended effective January 1, 2014; adopted effective January 1, 2011.)

(g) Due Diligence (§ 309)

When making the inquiry required in (f), the court may consider, among other examples of due diligence, whether the social worker has done any of the following:

(1)Asked the child, in an age-appropriate manner and consistent with the child's best interest, about his or her relatives;

(2)Obtained information regarding the location of the child's relatives;

(3)Reviewed the child's case file for any information regarding relatives;

(4)Telephoned, e-mailed, or visited all identified relatives;

(5)Asked located relatives for the names and locations of other relatives;

(6)Used Internet search tools to locate relatives identified as supports; or

(7)Developed tools, including a genogram, family tree, family map, or other diagram of family relationships, to help the child or parents to identify relatives.

(Subd (g) amended effective January 1, 2014; adopted effective January 1, 2011.)

(h) Provision of reunification services (§ 361.5)

(1)Except as provided in (6), if a child is removed from the custody of a parent or legal guardian, the court must order the county welfare department to provide reunification services to the child and the child's mother and statutorily presumed father, or the child's legal guardian, to facilitate reunification of the family. For a child who was three years of age or older on the date of initial removal, services must be provided during the time period beginning with the dispositional hearing and ending 12 months after the date the child entered foster care, as defined by section 361.49. For a child who was under three years of age on the date of initial removal, services must be provided for a period of 6 months from the dispositional hearing, but no longer than 12 months from the date the child entered foster care, as defined by section 361.49. The time period for the provision of family reunification services must be calculated consistent with section 361.5(a). The court must inform the parent or legal guardian of a child who was under three when initially removed that failure to participate regularly and make substantive progress in court-ordered treatment programs may result in the termination of reunification efforts after 6 months from the date of the dispositional hearing.

(2)If a child is a member of a sibling group removed from parental custody at the same time, and one member of the sibling group was under three at the time of the initial removal, reunification services for some or all members of the sibling group may be limited to 6 months from the dispositional hearing, and no later than 12 months from the date the children entered foster care. The court must inform the parent or legal guardian of a child who is a member of such a sibling group that failure to participate regularly and make substantive progress in court-ordered treatment programs may result in termination of reunification efforts after 6 months for one or more members of the sibling group.

(3)On a finding and declaration of paternity by the juvenile court or proof of a prior declaration of paternity by any court of competent jurisdiction, the juvenile court may order services for the child and the biological father, if the court determines that such services will benefit the child.

(4)Any motion to terminate reunification services before the permanency hearing set under section 366.21(f) for a child age three or older, or before the 6-month review hearing set under section 366.21(e) for a child under age three, must follow the requirements in section 388(c) and rule 5.570. A motion to terminate reunification services at the 6-month review hearing is not required if the court finds by clear and convincing evidence that one or more of the circumstances described in section 361.5(a)(2) and rule 5.710(c)(1)(A) is true.

(5)If a child is removed from the custody of a parent or guardian, and reunification services are ordered, the court must order visitation between the child and the parent or guardian for whom services are ordered. Visits are to be as frequent as possible, consistent with the well-being of the child.

(6)Reunification services must not be provided when the parent has voluntarily relinquished the child and the relinquishment has been filed with the State Department of Social Services, or if the court has appointed a guardian under section 360. Reunification services need not be provided to a mother, statutorily presumed father, or guardian if the court finds, by clear and convincing evidence, any of the following:

(A)The whereabouts of the parent or guardian are unknown. This finding must be supported by a declaration or by proof that a reasonably diligent search has failed to locate the parent. Posting or publishing notice is not required.

(B)The parent or guardian is suffering from a mental disability described in chapter 2 (commencing with section 7820) of part 4 of division 12 of the Family Code that renders the parent incapable of using those services.

(C)The child had been previously declared a dependent under any subdivision of section 300 as a result of physical or sexual abuse; following that adjudication the child had been removed from the custody of the parent or guardian under section 361; the child has been returned to the custody of the parent or guardian from whom the child had been taken originally; and the child is being removed under section 361 because of additional physical or sexual abuse.

(D)The parent or guardian of the child has caused the death of another child through abuse or neglect.

(E)The child was brought within the jurisdiction of the court under (e) of section 300 because of the conduct of that parent or guardian.

(F)The child is a dependent as a result of the determination that the child, a sibling, or a half-sibling suffered severe sexual abuse, as defined in section 361.5(b)(6), by the parent or guardian or that the parent or guardian inflicted severe physical harm, as defined in section 361.5(b)(6), on the child, a sibling, or a half-sibling, and the court finds that attempts to reunify would not benefit the child. The court must specify on the record the basis for the finding that the child suffered severe sexual abuse or the infliction of severe physical harm.

(G)The parent or guardian is not receiving reunification services for a sibling or half-sibling of the child, for reasons under (C), (E), or (F).

(H)The child was conceived as a result of the parent having committed an offense listed in Penal Code section 288 or 288.5, or by an act described by either section but committed outside California.

(I)The court has found that the child is described by (g) of section 300, that the child was willfully abandoned by the parent or guardian, and that the abandonment constituted serious danger to the child as defined in section 361.5(b)(9).

(J)The court has terminated reunification services for a sibling or half-sibling of the child because the parent failed to reunify with the sibling or half-sibling, and the parent or guardian has not made a reasonable effort to treat the problems that led to the removal of the sibling or half-sibling from that parent or guardian.

(K)The parental rights of a parent over any sibling or half-sibling of the child have been terminated, and the parent has not subsequently made a reasonable effort to treat the problem that led to the removal of the sibling or half-sibling.

(L)The parent or guardian has been convicted of a violent felony as defined in Penal Code section 667.5(c).

(M)The parent or guardian has a history of extensive, abusive, and chronic use of alcohol or other drugs and has not sought or participated in treatment during the three years immediately prior to the filing of the petition under section 300, or has failed, on at least two prior occasions, to comply with an available and accessible treatment program described in the case plan required by section 358.1, and the removal of the child is based in whole or in part on the risk to the child presented by the use of alcohol or other drugs.

(N)The parent or guardian, who must be represented by counsel, has advised the court through the execution and submission of Waiver of Reunification Services (Juvenile Dependency) (form JV-195) that that parent or guardian does not wish to receive family maintenance or reunification services and does not wish the child returned or placed in the custody of that parent or guardian. The court may accept the waiver only on a finding on the record that the parent or guardian has knowingly and intelligently waived the right to services.

(O)On at least one occasion, the parent or guardian has abducted the child or a sibling or half-sibling from placement and has refused to disclose the abducted child's whereabouts or has refused to return custody of the abducted child to the placement or to the social worker.

(7)In deciding whether to order reunification in any case in which petitioner alleges that section 361.5(b) applies, the court must consider the report prepared by petitioner, which must discuss the factors contained in section 361.5(c).

(8)If the petitioner alleges that section 361.5(c) applies, the report prepared for disposition must address the issue of reunification services. At the disposition hearing, the court must consider the factors stated in section 361.5.

(9)If the court finds under (6)(A) that the whereabouts of the parent or guardian are unknown and that a diligent search has failed to locate the parent or guardian, the court may not order reunification services and must set the matter for a 6-month review hearing. If the parent or guardian is located prior to the 6-month review and requests reunification services, the welfare department must seek a modification of the disposition orders. The time limits for reunification services must be calculated from the date of the initial removal, and not from the date the parent is located or services are ordered.

(10)If the court finds that allegations under (6)(B) are proved, the court must nevertheless order reunification services unless evidence by mental health professionals establishes by clear and convincing evidence that the parent is unlikely to be able to care for the child within the next 12 months.

(11)If the court finds that the allegations under (6)(C), (D), (F), (G), (H), (I), (J), (K), (L), (M), (N), or (O) have been proved, the court may not order reunification services unless the party seeking the order for services proves by clear and convincing evidence that reunification is in the best interest of the child. If (6)(F) is found to apply, the court must consider the factors in section 361.5(h) in determining whether the child will benefit from services and must specify on the record the factual findings on which it based its determination that the child will not benefit.

(12)If the court finds that the allegations under (6)(E) have been proved, the court may not order reunification services unless it finds, based on consideration of factors in section 361.5(b) and (c), that services are likely to prevent reabuse or continued neglect or that failure to attempt reunification will be detrimental to the child.

(13)If the mother, statutorily presumed father, or guardian is institutionalized, incarcerated, or detained by the United States Department of Homeland Security, or has been deported to his or her country of origin, the court must order reunification services unless it finds by clear and convincing evidence that the services would be detrimental to the child, with consideration of the factors in section 361.5(e). The court may order reunification services with an institutionalized, incarcerated, detained, or deported biological father whose paternity has been declared by the juvenile court or another court of competent jurisdiction, if the court determines that such services would benefit the child, with consideration of the factors in section 361.5(e).

(14)If, with the exception of (6)(A), the court orders no reunification services for every parent otherwise eligible for such services under (1) and (2), the court must conduct a hearing under section 366.26 within 120 days and:

(A)Order that the social worker provide a copy of the child's birth certificate to the caregiver consistent with sections 16010.4(e)(5) and 16010.5(b)-(c); and

(B)Order that the social worker provide a child or youth 16 years of age or older with a certified copy of his or her birth certificate unless the court finds that provision of the birth certificate would be inappropriate.

(15)A judgment, order, or decree setting a hearing under section 366.26 is not an immediately appealable order. Review may be sought only by filing Petition for Extraordinary Writ (California Rules of Court, Rules 8.452, 8.456) (form JV-825) or other petition for extraordinary writ. If a party wishes to preserve any right to review on appeal of the findings and orders made under this rule, the party must seek an extraordinary writ under rules 8.450, 8.452, and 5.600.

(16)A judgment, order, or decree setting a hearing under section 366.26 may be reviewed on appeal following the order of the 366.26 hearing only if the following have occurred:

(A)An extraordinary writ was sought by the timely filing of Petition for Extraordinary Writ (California Rules of Court, Rules 8.452, 8.456) (form JV-825) or other petition for extraordinary writ; and

(B)The petition for extraordinary writ was summarily denied or otherwise not decided on the merits.

(17)Review on appeal of the order setting a hearing under section 366.26 is limited to issues raised in a previous petition for extraordinary writ that were supported by an adequate record.

(18)Failure to file a petition for extraordinary writ review within the period specified by rules 8.450, 8.452, and 5.600 to substantively address the issues challenged, or to support the challenge by an adequate record, precludes subsequent review on appeal of the findings and orders made under this rule.

(19)When the court orders a hearing under section 366.26, the court must advise orally all parties present, and by first-class mail for parties not present, that if the party wishes to preserve any right to review on appeal of the order setting the hearing under section 366.26, the party must seek an extraordinary writ by filing a Notice of Intent to File Writ Petition and Request for Record (California Rules of Court, Rule 8.450) (form JV-820) or other notice of intent to file a writ petition and request for record and a Petition for Extraordinary Writ (California Rules of Court, Rules 8.452, 8.456) (form JV-825) or other petition for extraordinary writ.

(A)Within 24 hours of the hearing, notice by first-class mail must be provided by the clerk of the court to the last known address of any party who is not present when the court orders the hearing under section 366.26.

(B)Copies of Petition for Extraordinary Writ (California Rules of Court, Rules 8.452, 8.456) (form JV-825) and Notice of Intent to File Writ Petition and Request for Record (California Rules of Court, Rule 8.450) (form JV-820) must be available in the courtroom and must accompany all mailed notices informing the parties of their rights.

(Subd (h) amended effective January 1, 2014; adopted as subd (e); previously amended effective January 1, 1993, July 1, 1993, January 1, 1994, January 1, 1995, January 1, 1996, July 1, 1997, January 1, 1999, July 1, 1999, January 1, 2001, July 1, 2001, July 1, 2002, January 1, 2007, and January 1, 2010; previously relettered as subd (f) effective July 1, 1995, and as subd (h) January 1, 2011.)

(i) Information regarding termination of parent-child relationship (§§ 361, 361.5)

If a child is removed from the physical custody of the parent or guardian under either section 361 or 361.5, the court must:

(1)State the facts on which the decision is based; and

(2)Notify the parents that their parental rights may be terminated if custody is not returned within 6 or 12 months of the specific date the child is determined to have entered foster care, whichever time limit is applicable.

(Subd (i) relettered effective January 1, 2011; adopted as subd (f); previously relettered as subd (g) effective July 1, 1995; previously amended effective January 1, 2001, and July 1, 2002.)

(j) Setting 6-month review (§§ 361.5, 366)

Review of the status of every dependent child must be performed within 6 months after the date of the original disposition order, and no later than 6 months after the date the child is determined to have entered foster care; the review must be scheduled on the appearance calendar. The court must advise the dependent child of the child's right to petition for modifications of court orders as required in section 353.1.

(Subd (j) relettered effective January 1, 2011; adopted as subd (g); previously relettered as subd (h) effective July 1, 1995; previously amended effective January 1, 1995, January 1, 2001, July 1, 2002, and January 1, 2007.)

(k) Fifteen-day reviews (§ 367)

If a child is detained pending the execution of the disposition order, the court must review the case at least every 15 calendar days to determine whether the delay is reasonable. During each review the court must inquire about the action taken by the probation or welfare department to carry out the court's order, the reasons for the delay, and the effect of the delay on the child.

(Subd (k) relettered effective January 1, 2011; adopted as subd (h); previously relettered as subd (i) effective July 1, 1995; previously amended effective July 1, 2002, and January 1, 2007.)

(l) Setting a hearing under section 366.26

At the disposition hearing, the court may not set a hearing under section 366.26 to consider termination of the rights of only one parent unless that parent is the only surviving parent, or 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 the other parent has relinquished custody of the child to the county welfare department.

(Subd (l) relettered effective January 1, 2011; adopted as subd (j) effective July 1, 1997; previously amended effective July 1, 2002.)

Rule 5.695 amended effective January 1, 2014; adopted as rule 1456 effective January 1, 1991; previously amended and renumbered effective January 1, 2007; previously amended effective January 1, 1993, July 1, 1993, January 1, 1994, January 1, 1995, July 1, 1995, January 1, 1996, January 1, 1997, July 1, 1997, January 1, 1999, July 1, 1999, January 1, 2001, July 1, 2001, July 1, 2002, January 1, 2004, January 1, 2006, January 1, 2008, January 1, 2010, and January 1, 2011.

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