Rule 5.722. Twenty-four-month subsequent permanency review hearing
(a) Requirement for 24-month subsequent permanency review hearing; setting of hearing; notice (§ 366.25)
For any dependent child whom the court has removed from the custody of the parent or legal guardian, and whose case has been continued under section 366.22(b), the subsequent permanency review hearing must be held no later than 24 months from the date of initial removal. Notice must be provided as described in rule 5.708.
(b) Determinations and conduct of hearing (§ 366, 366.1, 366.25)
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 as follows:
(1)The court must order the child returned to the custody of the parent or legal guardian unless the court finds that petitioner has established by a preponderance of the evidence that return would create a substantial risk of detriment to the safety, protection, or physical or emotional well-being of the child. Failure of the parent or legal guardian to regularly participate and make substantive progress in a court-ordered treatment program is prima facie evidence that return would be detrimental. The requirements in rule 5.708(d) must be followed in establishing detriment. The requirements in rule 5.708(e) must be followed in entering a reasonable services finding.
(2)If the court does not order the return of the child to the custody of the parent or legal guardian, the court must specify the factual basis for its finding of risk of detriment and do one of the following:
(A)If the court finds by clear and convincing evidence, including a recommendation by the appropriate state or county adoption agency, that there is a compelling reason for determining that a section 366.26 hearing is not in the best interest of the child because the child is not a proper subject for adoption and has no one willing to accept legal guardianship, the court must terminate reunification services and order that the child remain in a planned permanent living arrangement.
(i)If the court orders that the child remain in a planned permanent living arrangement, it must identify the foster care setting by name and identify a specific permanency goal for the child.
(ii)The court may order that the name and address of the foster home remain confidential.
(iii)The court must continue to permit the parent or legal guardian to visit the child, unless it finds that visitation would be detrimental to the child.
(iv)If the child is 10 years of age or older and is placed in out-of-home placement for six months or longer, the court must enter any other appropriate orders to enable the child to maintain relationships with other individuals who are important to the child, consistent with the child's best interest. Specifically, the court:
a. Must determine whether the agency has identified individuals, in addition to the child's siblings, who are important to the child and will maintain caring, permanent relationships with the child, consistent with the child's best interest;
b. Must determine whether the agency has made reasonable efforts to nurture and maintain the child's relationships with those individuals, consistent with the child's best interest; and
c. May make any appropriate order to ensure that those relationships are maintained.
(B)If (1) or (2)(A) do not apply, the court must terminate reunification services and order that a hearing be held under section 366.26 within 120 days. The court and all parties must comply with all relevant requirements, procedures, findings, and orders related to section 366.26 hearings in rule 5.708(l)-(o).
(3)If the child is not returned to his or her parent or legal guardian, the court must consider and state, for the record, in-state and out-of-state options for permanent placement, including, in the case of an Indian child, 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.
(Subd (b) amended effective July 1, 2010.)
Rule 5.722 amended effective July 1, 2010; adopted effective January 1, 2010.