Chart E Additional Requirements For (1) Any Hearing To Terminate printable pdf download

CHART E

Additional requirements for (1) any hearing to terminate jurisdiction over child who is in foster care as ward or

RULE 5.812

who was in foster care as dependent when declared a ward and (2) last review hearing for child approaching majority—Delinquency

Welfare and Institutions Code sections 450, 451, 727.2(i)-(j), 778

Hearings subject to this rule

A. The last review hearing under Welfare and Institutions Code section 727.2

or 727.3 before the child turns 18 years of age; this hearing must be set at least 90 days before the child

turns 18 and within six months of the previous status review hearing;

B. Any review hearing held under section 727.2 or 727.3 for a child less than 18 years of age during which a recommendation to terminate juvenile court jurisdiction will be considered;

C. Any hearing to terminate juvenile court jurisdiction over a child less than 18 years of age who is subject to an order for foster care placement; and

D. Any hearing to terminate juvenile court jurisdiction over a child less than 18 years of age and not currently subject to a foster care placement order but who had an order for foster care

placement as a dependent of the juvenile court at the time he or she was adjudged to be a ward.

II.

Conduct of the hearing

A. The hearing must be held before a judicial officer and recorded by a court reporter.

B. If the court finds that the report and, if required, the Transitional Independent Living Plan submitted by the probation officer do not provide the required information and the court is unable

to make all the findings required by rule 5.812(d)

, the hearing must be continued for no more than five court days for the submission of additional information as ordered by the court.

III.

Written report requirements

A. The report must include verification that the requirements of section 607.5 have been completed and a description of:

1. The child’s progress toward meeting the case plan goals that will enable the child to be a law-abiding and productive member of the family and community.

2. If reunification services have not been previously terminated, the progress of each parent or legal guardian toward participating in case plan service activities and meeting the case plan

goals developed to assist in resolving the issues that contributed to the child’s removal from his or her custody.

3. The current ability of each parent or legal guardian to provide the care, custody, supervision, and support the child requires in a safe and healthy environment.

4. For a child previously determined to be a dual status child for whom juvenile court jurisdiction as dependent was suspended, a joint assessment under section 366.5 by the probation

department and the child welfare services agency of the detriment, if any, to the child of a return to the home of his or her parents or legal guardian, and a recommendation on the

resumption of dependency jurisdiction. The facts in support of the opinions expressed and recommendations made must be included in the joint assessment section of the report. If the

probation department and the child welfare services agency do not agree in their conclusions, the child welfare services agency must file a separate report with facts in support of its

opinions and recommendations.

5. For a child previously determined to be a dual status child for whom the probation department was designated the lead agency, the detriment, if any, to the child of a return to the home of

his or her parents or legal guardian and the probation officer’s recommendation regarding the modification of the court’s jurisdiction over the child from that of a dual status child to that

of a child under the court’s jurisdiction as a dependent under section 300 and the facts in support of the opinion expressed and the recommendation made.

6. For a child other than a dual status child, the probation officer’s recommendation regarding modification of the juvenile court’s jurisdiction over the child from ward to a dependent under

section 300 or a transition dependent under section 450, and the facts in support of the recommendation.

B. For the last review hearing held on behalf of a child approaching majority and any hearing to terminate jurisdiction held on behalf of a child more than 17 years, 5 months and less than

18 years of age, the report must include:

1. The child’s plans to remain under juvenile court jurisdiction as a nonminor dependent, including the criteria in section 11403(b) that he or she plans to meet;

2. The efforts made by the probation officer to help the child meet the criteria in section 11403(b);

3. Where applicable, the child’s plans to maintain his or her status as an Indian child for purposes of the ongoing application of the ICWA to him or her as a nonminor dependent;

4. The status of any application pending for title XVI Supplemental Security Income (SSI) benefits and, if such an application is pending, whether it is in the child’s best interest to

continue juvenile court jurisdiction until a final SSI decision has been issued to ensure that the child receives continued assistance with the application process;

5. Whether the child has an in-progress application pending for Special Immigrant Juvenile Status or other application for legal residency and, if so, whether an active juvenile court case is

required for that application;

6. The efforts made by the probation officer toward providing the child with the written information described in section 391(e)(1) and, to the extent that the child has not yet been provided

with the information, the barriers to providing the information and the steps that will be taken to overcome those barriers by the child’s 18th birthday;

All code references are to the California Welfare and Institutions Code unless otherwise indicated.

All rule references are to the California Rules of Court unless otherwise indicated.