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2022 California Rules of Court

Rule 5.618. Placement in short-term residential therapeutic program or community treatment facility (§§ 361.22, 727.12)

(a) Applicability

This rule applies to the court's review under section 361.22 or 727.12 following the placement of a child or nonminor dependent in a short-term residential therapeutic program or community treatment facility.

(Subd (a) amended effective January 1, 2023.)

(b) Service of request for hearing

The social worker or probation officer must use Placing Agency's Request for Review of Placement in Short-Term Residential Therapeutic Program or Community Treatment Facility (form JV-235) to request a hearing and notify the following parties that a hearing is requested under section 361.22(b) or 727.12(b), and serve a copy of the form and a blank copy of Input on Placement in Short-Term Residential Therapeutic Program or Community Treatment Facility (form JV-236) within five calendar days of each placement of a child or nonminor dependent in a short-term residential therapeutic program or community treatment facility on:

(1)  The child's parents and their attorneys of record, if parental rights have not been terminated, or a nonminor dependent's parents and their attorneys of record, if the parent is receiving family reunification services;

(2)  The child's legal guardians, if applicable, and their attorneys of record or the nonminor dependent's legal guardians and their attorneys of record, if the legal guardian is receiving family reunification services;

(3)  The attorney of record for the child or nonminor dependent, or their CAPTA guardian ad litem as defined by rule 5.662, and the child, if 10 years of age or older, or the nonminor dependent;

(4)  The child's or nonminor dependent's Indian tribe and any Indian custodian, in the case of an Indian child, and their attorneys of record;

(5)  The district attorney, if the youth is a ward of the juvenile court;

(6)  The child's or nonminor dependent's Court Appointed Special Advocate volunteer, if applicable; and

(7)  A nonminor dependent's guardian ad litem, if one has been appointed under Code of Civil Procedure section 372 and Probate Code sections 810-813.

(Subd (b) amended effective January 1, 2023.)

(c) Setting the hearing

After receiving a request for a hearing, the court must set a hearing under section 361.22(d) or 727.12(d) to be held within 45 days of the start of the short-term residential therapeutic program or community treatment facility placement. The court must provide notice of the hearing to the following:

(1)  The child's parents and their attorneys of record, if parental rights have not been terminated, or a nonminor dependent's parents and their attorneys of record, if the parent is receiving family reunification services;

(2)  The child's legal guardians, if applicable, and their attorneys of record or a nonminor dependent's legal guardians and their attorneys of record, if the legal guardian is receiving family reunification services;

(3)  The attorney of record for the child or nonminor dependent, or their CAPTA guardian ad litem as defined by rule 5.662, and the child if 10 years of age or older, or the nonminor dependent;

(4)  A nonminor dependent's guardian ad litem if one has been appointed under Code of Civil Procedure section 372 and Probate Code sections 810-813;

(5)  The child's or nonminor dependent's Indian tribe and any Indian custodian, in the case of an Indian child, and their attorneys of record;

(6)  The social worker or probation officer;

(7)  The district attorney, if the youth is a ward of the juvenile court;

(8)  The county counsel, if the youth is a dependent of the juvenile court; and

(9)  The child's or nonminor dependent's Court Appointed Special Advocate volunteer, if applicable.

(Subd (c) amended effective January 1, 2023.)

(d) Report for the hearing

(1)  The social worker or probation officer must submit a report to the court that includes the information required by section 361.22(c) or 727.12(c) no later than seven calendar days before the hearing.

(2)  The report must be served on the individuals listed in (c) of this rule no later than seven calendar days before the hearing.

(3)  The documentation required by section 361.22(c)(1)(A) or 727(c)(1)(A) must not contain information that is privileged or confidential under existing state law or federal law or regulation without the appropriate waiver or consent.

(Subd (d) amended effective January 1, 2023.)

(e) Input on placement

(1)  The following parties who object to the placement may inform the court of the objection by filing Input on Placement in Short-Term Residential Therapeutic Program or Community Treatment Facility (form JV-236):

(A)  The child's parents and their attorneys of record, if parental rights have not been terminated, or a nonminor dependent's parents and their attorneys of record, if the parent is receiving family reunification services;

(B)  The child's legal guardians, if applicable, and their attorneys of record or the nonminor dependent's legal guardians and their attorneys of record, if the legal guardian is receiving family reunification services;

(C)  The attorney of record for the child or nonminor dependent, or their CAPTA guardian ad litem as defined by rule 5.662, and the child, if 10 years of age or older, or the nonminor dependent;

(D)  A nonminor dependent's guardian ad litem, if one has been appointed under Code of Civil Procedure section 372 and Probate Code sections 810-813;

(E)  The child's or nonminor dependent's Indian tribe and any Indian custodian, in the case of an Indian child, and their attorneys of record; and

(F)  The district attorney, if the youth is a ward of the juvenile court.

(2)  The individuals listed in (1) and other individuals with an interest in the child or nonminor dependent may use form JV-236 to provide input to the court on the child's or nonminor's dependent's placement in the short-term residential therapeutic program or community treatment facility.

(3)  Input from a Court Appointed Special Advocate volunteer can also be by a court report under local rule.

(4)  Local county practice and local rules of court determine the procedures for completing, filing, and serving form JV-236, except as otherwise provided in this rule.

(Subd (e) amended effective January 1, 2023.)

(f) Approval without a hearing

(1)  After the court receives a request for a hearing, the court may approve the placement without a hearing if the following conditions are met:

(A)  The service requirements of (b) were met;

(B)  No later than 5 court days before the hearing date, the placing agency has filed Proof of Service-Short-Term Residential Therapeutic Program Placement or Community Treatment Facility (JV-237) verifying that the parties listed in (e)(1) were served, no later than 10 court days before the hearing date, a copy of the report described in section 361.22(c) or 727.12(c) and a completed Notice of Request for Approval of Short-Term Residential Therapeutic Program or Community Treatment Facility Without a Hearing (form JV-240);

(C)  No party listed in (e)(1) has notified the court of their objection to the placement within 5 court days of receiving the report described in section 361.22(c) or 727.12(c). Code of Civil Procedure section 1013(a) does not apply to this deadline; and

(D)  Based on the information before the court, the court intends to approve the placement consistent with section 361.22(e) or 727.12(e) and (g) of this rule.

(2)  If the court approves the placement without a hearing, it must notify the individuals in (c) of the court's decision to approve the placement and vacate the hearing set under section 361.22(d) or 727.12(d)

(3)  Nothing in this subdivision precludes the court from holding a hearing when no objection to the placement is received.

(4)  Notwithstanding (1)-(3), the court may approve the placement without a hearing under a local rule of court if the local rule is adopted under the procedures in rule 10.613 and meets the following requirements:

(A)  The rule ensures that, before the hearing date, the placing agency has filed form JV-237 verifying that the parties listed in (e)(1) were served, no later than 10 court days before the hearing date, a copy of the report described in section 361.22(c) or 727.12(c) and form JV-240;

(B)  The rule ensures the court does not approve the placement until all the parties listed in (e)(1), after receiving the report, have been given an opportunity to indicate to the court their position on the placement through form JV-236; and

(C)  The rule ensures that the approval occurs no later than 60 days from the start of the placement.

(Subd (f) amended effective January 1, 2023.)

(g) Conduct of the hearing

(1)  In addition to the report described in section 361.22(c) or 727.12(c), the court must consider all evidence relevant to the court's determinations required under section 361.22(e)(2), (3) and (4) or 727.12(e)(2), (3) and (4) and whether the placement in the short-term residential therapeutic program or community treatment facility is consistent with the child's or nonminor dependent's best interest.

(2)  The court must make the determinations in section 361.22(e)(2) and (3) or 727.12(e)(2) and (3) by a preponderance of the evidence.

(3)  The court must approve or disapprove the placement based on the determinations required by section 361.22(e)(2), (3) and (4) or 727.12(e)(2), (3) and (4) and whether it appears that the child's or nonminor dependent's best interest will be promoted by the placement.

(4)  If the court continues the hearing for good cause, including for an evidentiary hearing, in no event may the hearing be continued beyond 60 days after the start of the placement.

(Subd (g) amended effective January 1, 2023.)

Rule 5.618 amended effective January 1, 2023; adopted effective October 1, 2021.

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