(a) Six-month status review hearings (§§ 727.2, 11404.1)For any ward removed from the custody of his or her parent or guardian under section 726 and placed in a home under section 727, the court must conduct a status review hearing no less frequently than once every six months from the date the ward entered foster care. The court may consider the hearing at which the initial order for placement is made as the first status review hearing.
(1)Consideration of reports (§ 727.2(d))The court must review and consider the social study report and updated case plan submitted by the probation officer and the report submitted by any CASA volunteer, and any other reports filed with the court under section 727.2(d).
(2)Return of child if not detrimental (§ 727.2(f))At any status review hearing before the first permanency hearing, the court must order the return of the ward to the parent or guardian unless it finds the probation department has established by a preponderance of evidence that return would create a substantial risk of detriment to the safety, protection, or physical or emotional well-being of the ward. The probation department has the burden of establishing that detriment. In making its determination, the court must review and consider all reports submitted to the court and must consider the efforts and progress demonstrated by the child and the family and the extent to which the child availed himself or herself of the services provided.
(3)Findings and orders (§ 727.2(e))The court must consider the safety of the ward and make findings and orders that determine the following:
(A) The continuing necessity for and appropriateness of the placement;(B) The extent of the probation department's compliance with the case plan in making reasonable efforts to safely return the child to the child's home and to complete whatever steps are necessary to finalize the permanent placement of the child;(C) Whether it is necessary to limit the rights of the parent or guardian to make educational or developmental-services decisions for the child. If the court limits this right those rights or, if the ward is 18 years of age or older and has chosen not to make educational or developmental-services decisions for him- or herself or has been deemed incompetent, finds that it is in the best interests of the ward, the court must appoint a responsible adult as the educational rights holder as defined in rule 5.502. Any limitation on the rights of a parent or guardian to make educational or developmental-services decisions for a ward must be specified in the court order. The court must follow the procedures in rules 5.649-5.651.(D) The extent of progress that has been made by the child and parent or guardian toward alleviating or mitigating the causes necessitating placement in foster care;(E) The likely date by which the child may return to and be safely maintained in the home or placed for adoption, legal guardianship, or another permanent plan; (F) In the case of a child who is 16 years of age or older, the services needed to assist the child in making the transition from foster care to independent living;(G) Whether or not the child was actively involved, as age- and developmentally appropriate, in the development of his or her own case plan and plan for permanent placement. If the court finds that the child was not appropriately involved, the court must order the probation department to actively involve the child in the development of his or her own case plan and plan for permanent placement, unless the court finds that the child is unable, unavailable, or unwilling to participate; (H) Whether each parent was actively involved in the development of the case plan and plan for permanent placement. If the court finds that any parent was not actively involved, the court must order the probation department to actively involve that parent in the development of the case plan and plan for permanent placement, unless the court finds that the parent is unable, unavailable, or unwilling to participate; and(I) If sibling interaction has been suspended and will continue to be suspended, that sibling interaction is contrary to the safety or well being of either child.(4)Basis for Findings and Orders (§ 727.2(e))The determinations required by (a)(3) must be made on a case-by-case basis, and the court must reference, in its written findings, the probation officer's report and any other evidence relied on in reaching its decision.
Subd (a) amended effective January 1, 2016; previously amended effective January 1, 1998, January 1, 2001, January 1, 2003, January 1, 2004, January 1, 2007, and January 1, 2014.
(b) Permanency planning hearings (§§ 727.2, 727.3, 11404.1) A permanency planning hearing for any ward who has been removed from the custody of a parent or guardian and not returned at a previous review hearing must be held within 12 months of the date the ward entered foster care as defined in section 727.4(d)(4). However, when no reunification services are offered to the parents or guardians under section 727.2(b), the first permanency planning hearing must occur within 30 days of disposition.
(1)Consideration of reports (§ 727.3) The court must review and consider the social study report and updated case plan submitted by the probation officer and the report submitted by any CASA volunteer, and any other reports filed with the court under section 727.3(a)(2).
(2) Findings and orders (§§ 727.2(e), 727.3(a))At each permanency planning hearing, the court must consider the safety of the ward and make findings and orders regarding the following:
(A) The continuing necessity for and appropriateness of the placement;(B) The extent of the probation department's compliance with the case plan in making reasonable efforts to safely return the child to the child's home and to complete whatever steps are necessary to finalize the permanent placement of the child;(C) The extent of progress that has been made by the child and parent or guardian toward alleviating or mitigating the causes necessitating placement in foster care; (D) The permanent plan for the child, as described in (3);(E) Whether the child was actively involved, as age- and developmentally appropriate, in the development of his or her own case plan and plan for permanent placement. If the court finds that the child was not appropriately involved, the court must order the probation officer to actively involve the child in the development of his or her own case plan and plan for permanent placement, unless the court finds that the child is unable, unavailable, or unwilling to participate; (F) Whether each parent was actively involved in the development of the case plan and plan for permanent placement. If the court finds that any parent was not actively involved, the court must order the probation department to actively involve that parent in the development of the case plan and plan for permanent placement, unless the court finds that the parent is unable, unavailable, or unwilling to participate; (G) If sibling interaction has been suspended and will continue to be suspended, that sibling interaction is contrary to the safety or well-being of either child; and(H) Whether the probation officer has exercised due diligence under rule 5.637 in conducting the required investigation to identify, locate, and provide notification and information as required in paragraph (2) of rule 5.637(c) to 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 department has exercised due diligence in family finding. The court must document its determination by making a finding on the record.(3)Selection of a permanent plan (§ 727.3(b))At the first permanency planning hearing, the court must select a permanent plan. At subsequent permanency planning hearings that must be held under section 727.2(g) and rule 5.810(c), the court must either make a finding that the current permanent plan is appropriate or select a different permanent plan, including returning the child home, if appropriate. The court must choose from one of the permanent plans listed in section 727.3(b) which are, in order of priority.
(4)Involvement of parents or guardiansIf the child has a continuing involvement with his or her parents or legal guardians, they must be involved in the planning for permanent placement. The permanent plan order must include an order regarding the nature and frequency of visitation with the parents or guardians.
Subd (b) amended effective January 1, 2024; Subd (b) amended effective January 1, 2018; adopted effective January 1, 2001; previously amended effective January 1, 2003, January 1, 2007, January 1, 2014, and January 1, 2016.
(c)Postpermanency status review hearings (§ 727.2) A postpermanency status review hearing must be conducted for wards in placement no less frequently than once every six months.
(1)Consideration of reports (§ 727.2(d)) The court must review and consider the social study report and updated case plan submitted for this hearing by the probation officer and the report submitted by any CASA volunteer, and any other reports filed with the court under section 727.2(d).
(2)Findings and orders (§ 727.2(g))At each postpermanency status review hearing, the court must consider the safety of the ward and make findings and orders regarding the following:
(A) Whether the current permanent plan continues to be appropriate. If not, the court must select a different permanent plan, including returning the child home, if appropriate. If the plan is another planned permanent living arrangement, the court must meet the requirements stated in Welfare and Institutions Code section 727.3(a)(5);(B) The continuing necessity for and appropriateness of the placement; (C) The extent of the probation department's compliance with the case plan in making reasonable efforts to complete whatever steps are necessary to finalize the permanent plan for the child;(D) Whether the child was actively involved, as age and developmentally appropriate, in the development of his or her own case plan and plan for permanent placement. If the court finds that the child was not appropriately involved, the court must order the probation department to actively involve the child in the development of his or her own case plan and plan for permanent placement, unless the court finds that the child is unable, unavailable, or unwilling to participate;(E) If sibling interaction has been suspended and will continue to be suspended, sibling interaction is contrary to the safety or well-being of either child; and (F) Whether the probation officer has exercised due diligence under rule 5.637 in conducting the required investigation to identify, locate, and provide notification and information as required in paragraph (2) of rule 5.637(c) to 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 department has exercised due diligence in family finding. The court must document its determination by making a finding on the record. Subd (c) amended effective January 1, 2024; Subd (c) amended effective January 1, 2016; adopted effective January 1, 2001; 9 previously amended effective January 1, 2003, January 1, 2007, and January 1, 2014.
(3)information, Documents, and Services (§ 391)If the youth is 16 years of age or older, the procedures in section 391 must be followed.
(A) If it is the first review hearing after the youth turns 16 years of age, the probation officer must provide the information, documents, and services required by section 391(a) and must use First Review Hearing After Youth Turns 16 Years of Age-Information, Documents, and Services (form JV-361).(B) If it is the last review hearing before the youth turns 18 years of age, the probation officer must provide the information, documents, and services required by section 391(b) -(c) and must use Review Hearing for Youth Approaching 18 Years of Age-Information, Documents, and Services (form JV-362).(C) If it is a review hearing after the youth turns 18 years of age, the probation officer must provide the information, documents, and services required by section 391(c) and must use Review Hearing for Youth 18 Years of Age or Older-Information, Documents, and Services (form JV-363). If the court is terminating jurisdiction at this review hearing, the probation officer must also provide the information, documents, and services required by section 391(h), must follow the procedures in rule 5.555, and must use Termination of Juvenile Court Jurisdiction-Nonminor (form JV-365).(Subd (c) amended effective January 1, 2021; adopted effective January 1, 2001; previously amended effective January 1, 2003, January 1, 2007, January 1, 2014, January 1, 2016, and January 1, 2018.)
(d) Notice of hearings; service; contents (§ 727.4) Not earlier than 30 nor later than 15 calendar days before each hearing date the probation officer must serve written notice on all persons entitled to notice under section 727.4, as well as the current caregiver, any CASA volunteer or educational rights holder, and all counsel of record. A Notice of Hearing, Juvenile Delinquency Proceeding (form JV-625) must be used.
Subd (d) amended effective January 1, 2014; adopted effective January 1, 2001; previously amended effective January 1, 2003, January 1, 2006, and January 1, 2007.
(e) Report (§§ 706.5, 706.6, 727.2(c), 727.3(a)(1), 727.4(b), 16002) Before each hearing described above, the probation officer must investigate and prepare a social study report, that must include an updated case plan and all of the information required in sections 706.5, 706.6, 727.2, and 727.3, and 16002.
(1) The report must contain recommendations for court findings and orders and must document the evidentiary basis for those recommendations.(2) At least 10 calendar days before each hearing, the probation officer must file the report and provide copies of the report to the ward, the parent or guardian, all attorneys of record, and any CASA volunteer. Rule 5.810 amended effective January 1, 2018; adopted as rule 1496 effective January 1, 1991; previously amended and renumbered as rule 5.810 effective January 1, 2007; previously amended effective January 1, 1998, January 1, 2001, January 1, 2003, January 1, 2004, January 1, 2006, January 1, 2014, and January 1, 2016.
(f)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 probation officer 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 (f) adopted effective September 1, 2020.)
Rule 5.810 amended effective 1/1/2024; amended effective 1/1/2021; Amended effective 9/1/2020; Amended effective 1/1/2018; amended effective 1/1/2016; adopted as rule 1496 effective 1/1/1991; previously amended and renumbered as rule 5.810 effective 1/1/2007; previously amended effective 1/1/1998, 1/1/2001, 1/1/2003, 1/1/2004, 1/1/2006, and 1/1/2014.