Cal. R. 5.614

As amended through September 20, 2024

Rule 5.614 - Out-of-county Placements

(a)Procedure

Whenever a social worker intends to place a dependent child outside the child's county of residence, the procedures in section 361.2(h) must be followed.

(b)Required notices

Unless the requirements for emergency placement in section 361.4 are met or the circumstances in section 361.2(h)(2)(A) exist, before placing a child out of county, the agency must notify the following of the proposed removal:

(1) The persons listed in section 361.2(h);

(2) The Indian child's identified Indian tribe, if any;

(3) The Indian child's Indian custodian, if any; and

(4) The child's CASA program, if any.

(Subd (b) amended effective January 1, 2020.)

(c)Form of notice

The social worker may provide the required written notice to the participants in (b) on Notice of Intent to Place Child Out of County (form JV-555). If form JV-555 is used, the social worker must also provide a blank copy of Objection to Out-of-County Placement and Notice of Hearing (form JV-556).

(d)Method of Service

The agency must serve notice of its intent to place the child out of county as follows:

(1) Notice must be served by either first-class mail, sent to the last known address of the person to be noticed; electronic service in accordance with Welfare and Institutions Code section 212.5; or personal service at least 14 days before the placement, unless the child's health or well-being is endangered by delaying the action or would be endangered if prior notice were given;

(2) Notice to the child's identified Indian tribe and Indian custodian must comply with the requirements of section 224.23; and

(3)Proof of Notice (form JV-326) must be filed with the court before any hearing on the proposed out-of-county placement.

(Subd (d) effective January 1, 2020.)

(e)Objection to proposed out-of-county placement

Each participant who receives notice under (b)(1)-(3) may object to the proposed removal of the child, and the court must set a hearing as required by section 361.2(h).

(1) An objection to the proposed out-of-county placement may be made by using Objection to Out-of-County Placement and Notice of Hearing (form JV-556).

(2) An objection must be filed within the time frames in section 361.2(h).

(Subd (e) effective January 1, 2020.)

(f)Notice of hearing on proposed removal

If an objection is filed, the clerk must set a hearing, and notice of the hearing must be as follows:

(1) If the party objecting to the removal is not represented by counsel, the clerk must provide notice of the hearing to the agency and the participants listed in (b);

(2) If the party objecting to the removal is represented by counsel, that counsel must provide notice of the hearing to the agency and the participants listed in (b);

(3) Notice must be by either first-class mail, sent to the last known address of the person to be noticed; electronic service in accordance with Welfare and Institutions Code section 212.5; or personal service; and

(4) Notice to the child's identified Indian tribe and Indian custodian must comply with the requirements of section 224.3; and

(5)Proof of Notice (form JV-326) must be filed with the court before the hearing on the proposed removal.

(Subd (f) effective January 1, 2020.)

(g)Burden of proof

At a hearing on an out-of-county placement, the agency intending to move the child must prove by a preponderance of the evidence that the standard in section 361.2(h) is met.

(h)Emergency placements

If the requirements for emergency placement in section 361.4 are met, the agency must provide notice as required in section 16010.6.

Cal. R. Ct. 5.614

Rule 5.614 amended effective 1/1/2020; adopted September 21, 2018, effective 1/1/2019.