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2021 California Rules of Court

Rule 5.706. Family maintenance review hearings (§ 364)

(a) Notice (§ 292)

The petitioner or the court clerk must give notice of review hearings on Notice of Review Hearing (form JV-280), in the manner provided in section 292, to all persons required to receive notice under section 292 and to any CASA volunteer that has been appointed on the case.

(Subd (a) relettered effective January 1, 2017; adopted as subd (b).)

(b) Release of Information to the Medical Board of California

If the child has signed Position on Release of Information to Medical Board of California (form JV-228), the social worker must provide the child with a blank copy of Withdrawal of Release of Information to Medical Board of California (form JV-229) before the hearing if it is the last hearing before the child turns 18 years of age or if the social worker is recommending termination of juvenile court jurisdiction.

(Subd (b) adopted effective September 1, 2020.)

(c) Court considerations and findings

(1)  The court must consider the report prepared by the petitioner, the report of any CASA volunteer, and the case plan submitted for this hearing.

(2)  In considering the case plan submitted for the hearing, the court must find as follows:

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

(B)  The child was not actively involved in the development of his or her own case plan. If the court 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, unless the court finds that the child is unable, unavailable, or unwilling to participate; and

(C)  Each parent was actively involved in the development of the case plan; or

(D)  Each parent was not actively involved in the development of the case plan. If the court makes such a finding, the court must order the agency to actively involve each parent in the development of the case plan, unless the court finds that each parent is unable, unavailable, or unwilling to participate.

(Subd (c) relettered effective September 1, 2020; adopted as subd (d); previously relettered as subd (b) effective January 1, 2017.)

(d) Conduct of hearing (§ 364)

If the court retains jurisdiction, the court must order continued services and set a review hearing within six months. The court must determine whether continued supervision is necessary under section 364(c).

(Subd (d) relettered effective September 1, 2020; adopted as subd (e); previously amended and relettered as subd(c) effective January 1, 2017.)

(e) Reasonable cause (§ 364)

In any case in which the court has ordered that a parent or legal guardian retain physical custody of a child subject to supervision by a social worker, and the social worker subsequently receives a report of acts or circumstances that indicate there is reasonable cause to believe that the child is a person described under section 300(a), (d), or (e), the social worker must file a subsequent petition under section 342 or a supplemental petition under section 387. If, as a result of the proceedings under the section 342 or 387 petition, the court finds that the child is a person described in section 300(a), (d), or (e), the court must remove the child from the care, custody, and control of the child's parent or legal guardian and must commit the child to the care, custody, and control of the social worker under section 361.

(Subd (e) relettered effective September 1, 2020; adopted as subd (f); previously relettered as subd (d) effective January 1, 2017.)

(f) Child's education (§§ 361, 366, 366.1)

The court must consider the child's education, including whether it is necessary to limit the right of the parent or legal guardian to make educational or developmental-services decisions for the child, following the requirements and procedures in rules 5.649, 5.650, and 5.651 and in section 361(a).

Subd (f) relettered effective September 1, 2020; adopted as subd (g); previously amended and relettered as subd (e) effective January 1, 2017.)

Rule 5.706 amended effective September 1, 2020; adopted effective January 1, 2010; previously amended effective January 1, 2017.

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