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2017 California Rules of Court

Rule 5.722. Twenty-four-month subsequent permanency review hearing

(a) Determinations and conduct of hearing (§§ 309(e), 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 under section 366.25 and as follows:

(1)The requirements in rule 5.708(c) 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.

(3)The court may order that the name and address of the foster home remain confidential. 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(h)-(j).

(4)In the case of an Indian child, if the child is not returned to his or her parent or legal guardian, the court must determine 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.

(5)If the child is not returned to his or her parent or legal guardian and the court terminates reunification services, the court must find as follows:

(A)The agency has made diligent efforts to locate an appropriate relative; or

(B)The agency has not made diligent efforts to locate an appropriate relative. If the court makes such a finding, the court must order the agency to make diligent efforts to locate an appropriate relative; and

(C)Each relative whose name has been submitted to the agency as a possible caregiver has been evaluated as an appropriate placement resource; or

(D)Each relative whose name has been submitted to the agency as a possible caregiver has not been evaluated as an appropriate placement resource. If the court makes such a finding, the court must order the agency to evaluate as an appropriate placement resource each relative whose name has been submitted to the agency as a possible caregiver.

(Subd (a) relettered and amended effective January 1, 2017; adopted as subd (b); previously amended effective July 1, 2010.)

Rule 5.722 amended effective January 1, 2017; adopted effective January 1, 2010; previously amended effective July 1, 2010.

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