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2021 California Rules of Court

Rule 5.482. Proceedings after notice

(a) Timing of proceedings

(1)  If it is known or there is reason to know a child is an Indian child, a court hearing that may result in a foster care placement, termination of parental rights, preadoptive placement, or adoptive placement must not proceed until at least 10 days after the parent, Indian custodian, the tribe, or the Bureau of Indian Affairs has received notice, except as stated in sections (a)(2) and (3).

(2)  The detention hearing in dependency cases and in delinquency cases in which the probation officer has assessed that the child is in foster care or it is probable the child will be entering foster care described by rule 5.480(2)(A)-(C) may proceed without delay, provided that:

(A)  Notice of the detention hearing must be given as soon as possible after the filing of the petition initiating the proceeding; and

(B)  Proof of notice must be filed with the court within 10 days after the filing of the petition.

(3)  The parent, Indian custodian, or tribe must be granted a continuance, if requested, of up to 20 days to prepare for the proceeding, except for specified hearings in the following circumstances:

(A)  The detention hearing in dependency cases and in delinquency cases described by rule 5.480(2)(A)-(C);

(B)  The jurisdiction hearing in a delinquency case described by rule 5.480(2)(A)-(C) in which the court finds the continuance would not conform to speedy trial considerations under Welfare and Institutions Code section 657; and

(C)  The disposition hearing in a delinquency case described by rule 5.480(2)(A)-(C) in which the court finds good cause to deny the continuance under Welfare and Institutions Code section 682. A good cause reason includes when probation is recommending the release of a detained child to his or her parent or to a less restrictive placement. The court must follow the placement preferences under rule 5.485 when holding the disposition hearing.

(Subd (a) amended effective January 1, 2020; previously amended effective January 1, 2013, and July 1, 2013.)

(b) Proof of notice

Proof of notice in accordance with this rule must be filed with the court in advance of the hearing, except for those excluded by (a)(2) and (3), and must include Notice of Child Custody Proceeding for Indian Child (form ICWA-030), return receipts, and any responses received from the Bureau of Indian Affairs and tribes.

(Subd (b) amended effective January 1, 2020; previously amended effective January 1, 2013.)

(c) Determination of applicability of the Indian Child Welfare Act

(1)  If the court finds that proper and adequate inquiry, further inquiry, and due diligence were conducted under Welfare and Institutions Code section 224.2 and, if applicable, notice provided under Welfare and Institutions Code section 224.3, and the court determines there is no reason to know the child is an Indian child, the court may make a finding that the Indian Child Welfare Act does not apply to the proceedings.

(2)  The determination of the court that the Indian Child Welfare Act does not apply in (c)(1) is subject to reversal based on sufficiency of the evidence. The court must reverse its determination if it subsequently receives information providing reason to believe that the child is an Indian child and order the social worker or probation officer to conduct further inquiry under Welfare and Institutions Code section 224.3.

(Subd (c) amended effective January 1, 2020; adopted as subd (d); previously amended effective January 1, 2013; previously relettered as subd (c) effective August 15, 2016.)

(d) Intervention

The Indian child's tribe and Indian custodian are entitled to intervene, orally or in writing, at any point in the proceedings. The tribe may, but is not required to, file with the court the Notice of Designation of Tribal Representative in a Court Proceeding Involving an Indian Child (form ICWA-040) to give notice of its intent to intervene.

(Subd (d) amended effective January 1, 2016; adopted as subd (e); previously amended effective January 1, 2013; previously relettered as subd (d) effective August 15, 2016.)

(e) Posthearing actions

Whenever an Indian child is removed from a guardian, conservator, other custodian, foster home, or institution for placement with a different guardian, conservator, custodian, foster home, institution, or preadoptive or adoptive home, the placement must comply with the placement preferences and standards specified in Welfare and Institutions Code section 361.31.

(Subd (e) relettered effective August 15, 2016; adopted as subd (f); previously amended effective January 1, 2013.)

(f) Consultation with tribe

Any person or court involved in the placement of an Indian child in a proceeding described by rule 5.480 must use the services of the Indian child's tribe, whenever available through the tribe, in seeking to secure placement within the order of placement preference specified in rule 5.485.

(Subd (f) amended effective January 1, 2020; adopted as subd (g); previously amended effective July 1, 2013; previously relettered as subd (f) effective August 15, 2016.)

(g) Tribal appearance by telephone or other remote means

In any proceeding governed by the Indian Child Welfare Act involving an Indian child, the child's tribe may, on notification to the court, appear at any hearing, including the detention hearing, by telephone or other computerized remote means. The method of appearance may be determined by the court consistent with court capacity and contractual obligations, and taking into account the capacity of the tribe, as long as a method of effective remote appearance and participation sufficient to allow the tribe to fully exercise its rights is provided. No fee may be charged to the tribe for such telephonic or other remote appearance.

(Subd (g) adopted effective January 1, 2021.)

Rule 5.482 amended effective January 1, 2021; adopted effective January 1, 2008; previously amended effective January 1, 2013, July 1, 2013, August 15, 2016, and January 1, 2020.

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