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2014 California Rules of Court

Rule 5.706. Family maintenance review hearings (§ 364)

(a) Setting of hearing (§ 364)

If the child remains in the custody of the parent or legal guardian, a review hearing must be held within six months after the date of the original dispositional hearing and no less frequently than once every six months thereafter as long as the child remains a dependent.

(b) Notice (§ 292)

The petitioner or the court clerk must give notice of review hearings on Notice of Review Hearing (form JV-280), in the manner provided in section 292, to all persons required to receive notice under section 292 and to any CASA volunteer that has been appointed on the case.

(c) Reports (§ 364)

At least 10 calendar days before the hearing, the petitioner must file a supplemental report with the court describing the services offered to the family, the progress made by the family in eliminating the conditions or factors requiring court supervision, and the petitioner's recommendation regarding the necessity of continued supervision. A copy of the report must be provided to all parties at least 10 calendar days before the hearing.

(d) Court considerations and findings

(1)The court must consider the report prepared by the petitioner, the report of any CASA volunteer, and the case plan submitted for this hearing.

(2)In considering the case plan submitted for the hearing, the court must find as follows:

(A)The child was actively involved in the development of his or her own case plan as age and developmentally appropriate; or

(B)The child was not actively involved in the development of his or her own case plan. If the court makes such a finding, the court must order the agency to actively involve the child in the development of his or her own case plan, unless the court finds that the child is unable, unavailable, or unwilling to participate; and

(C)Each parent was actively involved in the development of the case plan; or

(D)Each parent was not actively involved in the development of the case plan. If the court makes such a finding, the court must order the agency to actively involve each parent in the development of the case plan, unless the court finds that each parent is unable, unavailable, or unwilling to participate.

(e) Conduct of hearing (§ 364)

(1)The court must determine whether continued supervision is necessary. The court must terminate its dependency jurisdiction unless the court finds that the petitioner has established by a preponderance of the evidence that existing conditions would justify initial assumption of jurisdiction under section 300 or that such conditions are likely to exist if supervision is withdrawn. Failure of the parent or legal guardian to participate regularly in any court-ordered treatment program constitutes prima facie evidence that the conditions that justified initial assumption of jurisdiction still exist and that continued supervision is necessary.

(2)If the court retains jurisdiction, the court must order continued services and set a review hearing within six months under this rule.

(f) Reasonable cause (§ 364)

In any case in which the court has ordered that a parent or legal guardian retain physical custody of a child subject to supervision by a social worker, and the social worker subsequently receives a report of acts or circumstances that indicate there is reasonable cause to believe that the child is a person described under section 300(a), (d), or (e), the social worker must file a subsequent petition under section 342 or a supplemental petition under section 387. If, as a result of the proceedings under the section 342 or 387 petition, the court finds that the child is a person described in section 300(a), (d), or (e), the court must remove the child from the care, custody, and control of the child's parent or legal guardian and must commit the child to the care, custody, and control of the social worker under section 361.

(g) Child's education (§§ 361, 366, 366.1)

The court must consider the child's education, including whether it is necessary to limit the right of the parent or legal guardian to make educational decisions for the child, following the requirements and procedures in rules 5.650 and 5.651 and in section 361(a).

Rule 5.706 adopted effective January 1, 2010.

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