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2014 California Rules of Court

Rule 5.740. Hearings subsequent to a permanent plan (§§ 366.26, 366.3)

(a) Review hearings-adoption and guardianship

Following an order for termination of parental rights or, in the case of tribal customary adoption, modification of parental rights, or a plan for the establishment of a guardianship under section 366.26, the court must retain jurisdiction and conduct review hearings at least every 6 months to ensure the expeditious completion of the adoption or guardianship.

(1)At the review hearing, the court must consider the report of the petitioner, as required by section 366.3(f), the report of any CASA volunteer, the case plan submitted for this hearing, and any report submitted by the child's caregiver under section 366.21(d); inquire about the progress being made to provide a permanent home for the child; consider the safety of the child; and enter findings as required by section 366.3(e).

(2)When adoption is granted, the court must terminate its jurisdiction.

(3)When legal guardianship is granted, the court may continue dependency jurisdiction if it is in the best interest of the child, or the court may terminate dependency jurisdiction and retain jurisdiction over the child as a ward of the guardianship.

(4)Notice of the hearing must be given as provided in section 295.

(Subd (a) amended effective July 1, 2010; repealed and adopted effective January 1, 1991; previously amended effective January 1, 1992, January 1, 1993, July 1, 1999, January 1, 2005, January 1, 2006, and January 1, 2007.)

(b) Review hearings-foster care

Following the establishment of a plan other than those provided for in (a), review hearings must be conducted at least every 6 months by the court or by a local administrative review panel.

(1)At the review hearing, the court or administrative review panel must consider the report of the petitioner, the report of any CASA volunteer, the case plan submitted for this hearing, and any report submitted by the child's caregiver under section 366.21(d); inquire about the progress being made to provide a permanent home for the child; consider the safety of the child; and enter findings regarding each item listed in section 366.3(e).

(2)The court or administrative review panel must consider the case plan submitted for this hearing and must find as follows:

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

(B)The child was not actively involved in the development of his or her own case plan and plan for permanent placement as age and developmentally appropriate. If the court or administrative review panel 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 and plan for permanent placement, unless the court finds that the child is unable, unavailable, or unwilling to participate.

(3)For a child 12 years of age or older and in a permanent placement, the court must consider the case plan and must find as follows:

(A)The child was given the opportunity to review the case plan, sign it, and receive a copy; or

(B)The child was not given the opportunity to review the case plan, sign it, and receive a copy. If the court makes such a finding, the court must order the agency to give the child the opportunity to review the case plan, sign it, and receive a copy.

(4)No less frequently than once every 12 months, the court must conduct a review of the previously ordered permanent plan to consider whether the plan continues to be appropriate for the child. The review of the permanent plan may be combined with the 6-month review.

(5)If circumstances have changed since the permanent plan was ordered, the court may order a new permanent plan under section 366.26 at any subsequent hearing, or any party may seek a new permanent plan by a motion filed under rule 5.570.

(6)Notice of the hearing must be given as provided in section 295.

(7)The court must continue the child in foster care unless the parents prove, by a preponderance of the evidence, that further efforts at reunification are the best alternative for the child. In those cases, the court may order reunification services for a period not to exceed 6 months.

(8)At a review held 12 months after an original or subsequent order for the child to remain in foster care, the court must consider all permanency planning options, including whether the child should be returned to a parent or guardian, placed for adoption, or appointed a legal guardian. If the court orders that the child remain in foster care, it must identify the foster care setting by name and identify a specific permanency goal for the child. The court may order that the name and address of the foster home remain confidential.

(9)At a review held 12 months after an original or subsequent order for the child to remain in foster care, the court must order a hearing under section 366.26 unless the court finds by clear and convincing evidence that there is a compelling reason for determining that a section 366.26 hearing is not in the child's best interest because the child is being returned to the home of the parent, the child is not a proper subject for adoption, or there is no one available to assume guardianship.

(10)If the court makes the findings in (9), the court may order that the child remain in foster care.

(Subd (b) amended effective January 1, 2007; repealed and adopted effective January 1, 1991; previously amended effective January 1, 1992, January 1, 1994, January 1, 1998, January 1, 1999, July 1, 1999, January 1, 2005, and January 1, 2006.)

(c) Hearing on petition to terminate guardianship or modify guardianship orders

A petition to terminate a guardianship established by the juvenile court, to appoint a successor guardian, or to modify or supplement orders concerning the guardianship must be filed in juvenile court. The procedures described in rule 5.570 must be followed, and Request to Change Court Order (form JV-180) must be used.

(1)Proceedings on a petition to terminate a guardianship established under section 366.26 must be heard in the juvenile court. If dependency was terminated at the time of or subsequent to the appointment of the guardian, and dependency is later declared in another county, proceedings to terminate the guardianship may be held in the juvenile court with current dependency jurisdiction.

(2)Not less than 15 court days before the hearing date, the petitioner must serve notice of the hearing on the department of social services; the guardian; the child, if 10 years or older; parents whose parental rights have not been terminated; the court that established the guardianship, if in another county; and counsel of record for those entitled to notice.

(3)At the hearing on the petition to terminate the guardianship, the court may do one of the following:

(A)Deny the petition to terminate guardianship;

(B)Deny the petition and request the county welfare department to provide services to the guardian and the ward for the purpose of maintaining the guardianship, consistent with section 301; or

(C)Grant the petition to terminate the guardianship.

(4)If the petition is granted and the court continues or resumes dependency, the court must order that a new plan be developed to provide stability and permanency to the child. Unless the court has already scheduled a hearing to review the child's status, the court must conduct a hearing within 60 days. Parents whose parental rights have not been terminated must be notified of the hearing on the new plan. The court may consider further efforts at reunification only if the parent proves, by a preponderance of the evidence, that the efforts would be the best alternative for the child.

(5)If the court terminates a guardianship established in another county, the clerk of the county of current dependency jurisdiction must transmit a certified copy of the order terminating guardianship within 15 days to the court that established the original guardianship.

(Subd (c) amended effective January 1, 2007; previously amended effective January 1, 1993, July 1, 1994, and July 1, 1999.)

Rule 5.740 amended effective January 1, 2012; adopted as rule 1465 effective January 1, 1991; previously renumbered as rule 1466 effective July 1, 1995; previously amended and renumbered effective January 1, 2007; previously amended effective January 1, 1992, January 1, 1993, January 1, 1994, July 1, 1994, January 1, 1998, January 1, 1999, July 1, 1999, July 1, 2002, January 1, 2005, January 1, 2006, and July 1, 2010.

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