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2014 California Rules of Court

Rule 5.825. Freeing wards for adoption

(a) Applicable law (§§ 294, 366.26, 727.2, 727.3, 727.31)

Except as provided in section 727.31, the procedures for termination of parental rights to free children described in that section for adoption are stated in sections 294 and 366.26. Rules 5.725 and 5.730 are applicable to these proceedings.

(Subd (a) amended effective January 1, 2007; previously amended effective January 1, 2006.)

(b) Joint county protocol

In each county, the county probation department and the county child welfare department must jointly develop a protocol for freeing wards for adoption. The protocol should address questions such as:

(1)When and how will wards be referred to the licensed county adoption agency, or State Department of Social Services when it is acting as the adoption agency, for a determination of whether the ward is adoptable, as described by section 727.3(i)(2)?

(2)Once a finding has been made that the permanent plan for the ward must be adoption and the case is set for a section 727.31 hearing, how will the referral be made to the licensed county adoption agency, or to the State Department of Social Services when it is acting as the adoption agency, to prepare an adoption assessment, as required by section 727.3(j)?

(3)Will the probation department continue to have ongoing case management and supervision of the case, pending the termination of parental rights hearing?

(4)Will the probation department or the child welfare department prepare the notices and other legal documents required before a termination of parental rights hearing?

(5)In counties in which different judicial officers hear delinquency and dependency matters, what procedure will be used to ensure that the dependency judge will hear each 727.31 hearing?

(6)Will the probation department or the child welfare department prepare the petition for adoption and other forms needed after the 727.31 hearing to complete the adoption process?

(Subd (b) amended effective January 1, 2007.)

Rule 5.825 amended and renumbered effective January 1, 2007; adopted as rule 1496.5 effective January 1, 2001; previously amended effective January 1, 2006.

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