Cal. R. 5.695

As amended through September 20, 2024

Rule 5.695 - Findings and orders of the court - disposition

(a)Orders of the court (§§ 245.5, 358, 360, 361, 361.2, 390)

At the disposition hearing, the court may:

(1) Dismiss the petition with specific reasons stated in the minutes;

(2) Place the child under a program of supervision for a time period consistent with section 301 and order that services be provided;

(3) If the requirements of section 360(a) are met, appoint a legal guardian for the child without declaring dependency and order the clerk, as soon as the guardian has signed the required affirmation, to issue letters of guardianship, which are not subject to the confidential protections of juvenile court documents in section 827;

(4) If the requirements of section 360(a) are met, declare dependency and appoint a legal guardian for the child, and order the clerk, as soon as the guardian has signed the required affirmation, to issue letters of guardianship, which are not subject to the confidential protections of juvenile court documents in section 827;

(5) Declare dependency, permit the child to remain at home, and order that services be provided;

(6) Declare dependency, permit the child to remain at home, limit the control to be exercised by the parent or guardian, and order that services be provided; or

(7) Declare dependency, remove physical custody from a parent or guardian, and

(A) After stating on the record or in writing the factual basis for the order, order custody to the noncustodial parent, terminate jurisdiction, and direct that Custody Order, Juvenile, Final Judgment (form JV-200) be prepared and filed under rule 5.700;

(B) After stating on the record or in writing the factual basis for the order, order custody to a noncustodial parent with services to one or both parents; or

(C) Make a placement order and consider granting specific visitation rights to the child's grandparents.

(Subd (a) amended effective January 1, 2021; previously amended effective July 1, 1995, January 1, 2007, January 1, 2015, and January 1, 2017.).)

(b)Limitations on parental control (§§ 245.5, 361, 362; Gov. Code, Section 7579.5)

(1) If a child is declared a dependent, the court may clearly and specifically limit the control over the child by a parent or guardian.

(2) If the court orders that a parent or guardian retain physical custody of the child subject to court-ordered supervision, the parent or guardian must be ordered to participate in child welfare services or services provided by an appropriate agency designated by the court.

(3) The court must consider whether it is necessary to limit the rights of the parent or guardian to make educational or developmental-services decisions for the child or youth. If the court limits those rights, it must follow the procedures stated in rules 5.649-5.651.

(Subd (b) relettered effective January 1, 2017; adopted as subd (b); previously relettered as subd (c) effective July 1, 1995; previously amended effective July 1, 2002, January 1, 2004, January 1, 2007, January 1, 2008, and January 1, 2014.)

(c)Removal of custody - required findings (§ 361)

(1) The court may not order a dependent removed from the physical custody of a parent or guardian with whom the child resided at the time the petition was filed, unless the court makes one or more of the findings in section 361(c) by clear and convincing evidence.

(2) The court may not order a dependent removed from the physical custody of a parent with whom the child did not reside at the time the petition was initiated unless the juvenile court makes both of the findings section 361(d) by clear and convincing evidence.

(Subd (c) amended and relettered effective January 1, 2017; adopted as subd (c); previously relettered as subd (d) effective July 1, 1995; previously amended effective July 1, 1997, July 1, 1999, July 1, 2002, and January 1, 2007)

(d)Reasonable efforts finding

The court must consider whether reasonable efforts to prevent or eliminate the need for removal have been made and make one of the following findings:

(1) Reasonable efforts have been made to prevent removal; or

(2) Reasonable efforts have not been made to prevent removal.

(Subd (d) amended and relettered effective January 1, 2017; adopted as subd (d); previously relettered as subd (e) effective July 1, 1995; amended effective July 1, 2002, and January 1, 2006.)

(e)Family-finding determination (§ 309)

(1) If the child is removed, the court must consider and determine whether the social worker has exercised due diligence in conducting the required investigation to identify, locate, and notify the child's kin. The court must consider the mandatory activities listed in rule 5.637(d)(2) and may consider the additional activities listed in rule 5.637(d)(3) in determining whether the agency has exercised due diligence in family finding. The court must document its determination by making a finding on the record.

If the disposition hearing is continued, the court may set a hearing to be held 30 days from the date of removal or as soon as possible thereafter to consider whether the social worker has exercised due diligence in conducting the investigation to identify, locate, and notify the child's kin.

(2) If the court finds that the social worker has not exercised due diligence, the court may order the social worker to exercise due diligence in conducting an investigation to identify, locate, and notify the child's kin-except for any individual the social worker identifies as inappropriate to notify under rule 5.637(e) -and may require a written or oral report to the court.

(Subd (e) amended effective January 1, 2024; adopted as subd (f) effective January 1, 2011; previously amended effective January 1, 2014, and January 1, 2015; previously amended and relettered effective January 1, 2017)

(f)Provision of reunification services (§ 361.5)

(1) Unless the court makes a finding that reunification services need not be provided under subdivision (b) of section 361.5, if a child is removed from the custody of a parent or legal guardian, the court must order the county welfare department to provide reunification services to the child and the child's mother and statutorily presumed parent, or the child's legal guardian, to facilitate reunification of the family as required in section 361.5.

(2) On a finding and declaration of paternity by the juvenile court or proof of a prior declaration of paternity by any court of competent jurisdiction, the juvenile court may order services for the child and the biological father, if the court determines that such services will benefit the child.

(3) If a child is removed from the custody of a parent or guardian, and reunification services are ordered, the court must order visitation between the child and the parent or guardian for whom services are ordered. Visits are to be as frequent as possible, consistent with the well-being of the child.

(4) Reunification services must not be provided when the parent has voluntarily relinquished the child and the relinquishment has been filed with the State Department of Social Services, or if the court has appointed a guardian under section 360.

(5) Except when the order is made under paragraph (1) of subdivision (b) of section 361.5, the court orders no reunification services for every parent otherwise eligible for such services, the court must conduct a hearing under section 366.26 within 120 days and:

(A) Order that the social worker provide a copy of the child's birth certificate to the caregiver consistent with sections 16010.4(e)(5) and 16010.5(b)-(c); and

(B) Order that the social worker provide a child or youth 16 years of age or older with a certified copy of his or her birth certificate unless the court finds that provision of the birth certificate would be inappropriate.

(6) A judgment, order, or decree setting a hearing under section 366.26 is not an immediately appealable order. Review may be sought only by filing a Notice of Intent to File Writ Petition and Request for Record (California Rules of Court, Rule 8.450) (form JV-820) or other notice of intent to file a writ petition and request for record, and a Petition for Extraordinary Writ (California Rules of Court, Rules 8.452, 8.456) (form JV-825) or other petition for extraordinary writ. If a party wishes to preserve any right to review on appeal of the findings and orders made under this rule, the party must seek an extraordinary writ under rules 8.450 and 8.452.

(7) A judgment, order, or decree setting a hearing under section 366.26 may be reviewed on appeal following the order of the 366.26 hearing only if the following have occurred:

(A)An extraordinary writ was sought by the timely filing of a Notice of Intent to File Writ Petition and Request for Record (California Rules of Court, Rule 8.450) (form JV-820) or other notice of intent to file a writ petition and request for record, and Petition for Extraordinary Writ (California Rules of Court, Rules 8.452, 8.456) (form JV-825) or other petition for extraordinary writ; and

(B) The petition for extraordinary writ was summarily denied or otherwise not decided on the merits.

(8) Review on appeal of the order setting a hearing under section 366.26 is limited to issues raised in a previous petition for extraordinary writ that were supported by an adequate record.

(9) Failure to file a notice of intent to file a writ petition and request for record and a petition for extraordinary writ review within the period specified by rules 8.450 and 8.452 to substantively address the issues challenged, or to support the challenge by an adequate record, precludes subsequent review on appeal of the findings and orders made under this rule.

(10) When the court orders a hearing under section 366.26, the court must advise orally all parties present, and by first-class mail or by electronic service in accordance with section 212.5 for parties not present, that if the party wishes to preserve any right to review on appeal of the order setting the hearing under section 366.26, the party must seek an extraordinary writ by filing a Notice of Intent to File Writ Petition and Request for Record (California Rules of Court, Rule 8.450) (form JV-820) or other notice of intent to file a writ petition and request for record and a Petition for Extraordinary Writ (California Rules of Court, Rules 8.452, 8.456) (form JV-825) or other petition for extraordinary writ.

(A) Within 24 hours of the hearing, notice by first-class mail or by electronic service in accordance with section 212.5 must be provided by the clerk of the court to the last known address of any party who is not present when the court orders the hearing under section 366.26.

(B) Copies of Petition for Extraordinary Writ (California Rules of Court, Rules 8.452, 8.456) (form JV-825) and Notice of Intent to File Writ Petition and Request for Record (California Rules of Court, Rule 8.450) (form JV-820) must be available in the courtroom and must accompany all mailed notices informing the parties of their rights.

(C) If the notice is for a hearing at which the social worker will recommend the termination of parental rights, the notice may be electronically served in accordance with section 212.5, but only in addition to service of the notice by first-class mail.

(Subd (f) relettered and amended effective January 1, 2024; Subd (g) amended and relettered effective January 1, 2017; adopted as subd (e); previously relettered as subd (f) effective July 1, 1995, and as subd (h) January 1, 2011; previously amended effective January 1, 1993, July 1, 1993, January 1, 1994, January 1, 1995, January 1, 1996, July 1, 1997, January 1, 1999, July 1, 1999, January 1, 2001, July 1, 2001, July 1, 2002, January 1, 2007, January 1, 2010, January 1, 2014, and January 1, 2015.)

(g)Information regarding termination of parent-child relationship (§§ 361, 361.5)

If a child is removed from the physical custody of the parent or guardian under either section 361 or 361.5, the court must:

(1) State the facts on which the decision is based; and

(2) Notify the parents that their parental rights may be terminated if custody is not returned within 6 months of the dispositional hearing or within 12 months of the date the child entered foster care, whichever time limit is applicable.

(Subd (g) relettered effective January 1, 2024; Subd (h) relettered effective January 1, 2017; adopted as subd (f); previously relettered as subd (g) effective July 1, 1995, and as subd (i) effective January 1, 2011; previously amended effective January 1, 2001, July 1, 2002, January 1, 2015.)

(h)Setting a hearing under section 366.26

At the disposition hearing, the court may not set a hearing under section 366.26 to consider termination of the rights of only one parent unless that parent is the only surviving parent, or the rights of the other parent have been terminated by a California court of competent jurisdiction or by a court of competent jurisdiction of another state under the statutes of that state, or the other parent has relinquished custody of the child to the county welfare department.

(Subd (h) relettered effective January 1, 2024; Subd (i) relettered effective January 1, 2017; adopted as subd (j) effective July 1, 1997; previously amended effective July 1, 2002; previously relettered as subd (l) effective January 1, 2011)

Cal. R. Ct. 5.695

Rule 5.695 amended effective 1/1/2024; amended effective 1/1/2021; Rule 5.695 amended November 30, 2018, effective 1/1/2019 Rule 5.695 amended effective 1/1/2019; Rule 5.695 amended effective 1/1/2017; adopted as rule 1456 effective 1/1/1991; previously amended and renumbered effective 1/1/2007; previously amended effective 1/1/1993, 7/1/1993, 1/1/1994, 1/1/1995, 7/1/1995, 1/1/1996, 1/1/1997, 7/1/1997, 1/1/1999, 7/1/1999, 1/1/2001, 7/1/2001,7/1/2002, 1/1/2004, 1/1/2006, 1/1/2008, 1/1/2010, 1/1/2011, 1/1/2014, and1/1/2015.