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2014 California Rules of Court

Rule 5.785. General conduct of hearing

(a) Social study (§§ 280, 702, 706.5)

The probation officer must prepare a social study of the child, which must contain all matters relevant to disposition, including any parole status information, and a recommendation for disposition.

(1)In any case in which the probation officer is recommending placement in foster care or in which the child is already in foster care placement or pending placement under an earlier order, the social study must include a case plan as described in (c).

(2)The probation officer must submit the social study and copies of it to the clerk at least 48 hours before the disposition hearing is set to begin, and the clerk must make the copies available to the parties and attorneys. A continuance of up to 48 hours must be granted on the request of a party who has not been furnished a copy of the social study in accordance with this rule.

(Subd (a) amended effective January 1, 2007; previously amended effective July 1, 2002.)

(b) Evidence considered (§ 706)

The court must receive in evidence and consider the social study and any relevant evidence offered by the petitioner, the child, or the parent or guardian. The court may require production of other relevant evidence on its own motion. In the order of disposition the court must state that the social study has been read and considered by the court.

(Subd (b) amended effective July 1, 2002.)

(c) Case plan

When a child is detained and is at risk of entering foster care placement, the probation officer must prepare a case plan.

(1)The plan must be completed and filed with the court by the date of disposition or within 60 calendar days of initial removal, whichever occurs first.

(2)The court must consider the case plan and must find as follows:

(A)The probation officer solicited and integrated into the case plan the input of the child, the child's family, in a case described by rule 5.480(2)(A)-(C) the child's identified Indian tribe, and other interested parties; or

(B)The probation officer did not solicit and integrate into the case plan the input of the child, the child's family, in a case described by rule 5.480(2)(A)-(C) the child's identified Indian tribe, and other interested parties. If the court finds that the probation officer did not solicit and integrate into the case plan the input of the child, the child's family, the child's identified Indian tribe, and other interested parties, the court must order that the probation officer solicit and integrate into the case plan the input of the child, the child's family, in a case described by rule 5.480(2)(A)-(C) the child's identified Indian tribe, and other interested parties, unless the court finds that each of these participants was 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 give 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 probation officer to give the child the opportunity to review the case plan, sign it, and receive a copy, unless the court finds that the child was unable, unavailable, or unwilling to participate.

(4)If the probation officer believes that the child will be able to return home through reasonable efforts by the child, the parents or guardian, and the probation officer, the case plan must include the elements described in section 636.1(b).

(5)If the probation officer believes that foster care placement is the most appropriate disposition for the child, the case plan must include all of the information required by section 706.6.

(Subd (c) amended effective July 1, 2013; adopted effective July 1, 2002; previously amended effective January 1, 2007.)

Rule 5.785 amended effective July 1, 2013; adopted as rule 1492 effective January 1, 1991; previously amended effective July 1, 2002; previously amended and renumbered effective January 1, 2007.

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