AB 879, as introduced, Burke. Juveniles: court proceedings: notice.
Existing law authorizes the juvenile court to adjudge a minor who has been abused or neglected, or who meets other specified criteria, to be a dependent child of the court. Existing law requires the court to conduct various hearings regarding children who are, or who may become, dependent children, including a detention hearing, jurisdictional hearing, and dispositional hearing. Existing law requires the probation officer, the social worker, or the clerk of the court to provide notice of those hearings to certain persons, including parents, guardians, the child, if he or she is 10 years of age or older, adult relatives under certain conditions, and attorneys for the parents or guardians, as specified.
This bill would allow service for the above purposes to be made by electronic mail if the county, or city and county, and the court choose to permit service by electronic mail and the person to be served has consented to service by electronic mail by signing a specified form.
Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.
The people of the State of California do enact as follows:
Section 290.1 of the Welfare and Institutions
2Code is amended to read:
If the probation officer or social worker determines that
4the child shall be retained in custody, he or she shall immediately
5file a petition pursuant to Section 332 with the clerk of the juvenile
6court, who shall set the matter for hearing on the detention hearing
7calendar. The probation officer or social worker shall serve notice
8as prescribed in this section.
9(a) Notice shall be given to the following persons whose
10whereabouts are known or become known prior to the initial
11petition hearing:
12(1) The mother.
13(2) The father or fathers, presumed and alleged.
14(3) The legal guardian or guardians.
15(4) The child, if the child is 10 years of age or older.
16(5) Any known sibling of the child who is the subject of the
17hearing if that sibling either is the subject of a dependency
18proceeding or has been adjudged to be a dependent child of the
19juvenile court. If the sibling is 10 years of age or older, the sibling,
20the sibling’s caregiver, and the sibling’s attorney. If the sibling is
21under 10 years of age, the sibling’s caregiver and the sibling’s
22attorney. However, notice is not required to be given to any sibling
23whose matter is calendared in the same court on the same day.
24(6) If there is no parent or guardian residing in California, or if
25the residence is unknown, then to any adult relative residing within
26the county or if none, the adult relative residing nearest
the court.
27(7) The attorney for the parent or parents, or legal guardian or
28guardians.
29(8) The district attorney, if the district attorney has notified the
30clerk of the court that he or she wishes to receive the petition,
31containing the time, date, and place of the hearing.
32(9) The probate department of the superior court that appointed
33the guardian, if the child is a ward of a guardian appointed pursuant
34to the Probate Code.
35(b) No notice is required for a parent whose parental rights have
36been terminated.
37(c) The notice shall be given as soon as possible after the filing
38of the petition.
P3 1(d) The notice of the initial
petition hearing shall include all of
2the following:
3(1) The date, time, and place of the hearing.
4(2) The name of the child.
5(3) A copy of the petition.
6(e) Service of the notice shall be written or oral. If the person
7being served cannot read, notice shall be given orally.begin insert Written
8notice may be served by electronic mail if the county, or city and
9county, and the court choose to permit service by electronic mail
10and the person to be served has consented to service by electronic
11mail by signing Judicial Council Form EFS-005.end insert
12(f) If the probation officer or social worker knows or has
reason
13to know that an Indian child is involved, notice shall be given in
14accordance with Section 224.2.
Section 290.2 of the Welfare and Institutions Code is
16amended to read:
Upon the filing of a petition by a probation officer or
18social worker, the clerk of the juvenile court shall issue notice, to
19which shall be attached a copy of the petition, and he or she shall
20cause the same to be served as prescribed in this section.
21(a) Notice shall be given to the following persons whose address
22is known or becomes known prior to the initial petition hearing:
23(1) The mother.
24(2) The father or fathers, presumed and alleged.
25(3) The legal guardian or guardians.
26(4) The child, if the child is 10 years of age or older.
27(5) Any known sibling of the child who is the subject of the
28hearing if that sibling either is the subject of a dependency
29proceeding or has been adjudged to be a dependent child of the
30juvenile court. If the sibling is 10 years of age or older, the sibling,
31the sibling’s caregiver, and the sibling’s attorney. If the sibling is
32under 10 years of age, the sibling’s caregiver and the sibling’s
33attorney. However, notice is not required to be given to any sibling
34whose matter is calendared in the same court on the same day.
35(6) If there is no parent or guardian residing in California, or if
36the residence is unknown, to any adult relative residing within the
37county or if none, the adult relative residing nearest the court.
38(7) Upon reasonable notification by counsel
representing the
39child, parent, or guardian, the clerk of the court shall give notice
40to that counsel as soon as possible.
P4 1(8) The district attorney, if the district attorney has notified the
2clerk of the court that he or she wishes to receive the petition,
3containing the time, date, and place of the hearing.
4(9) The probate department of the superior court that appointed
5the guardian, if the child is a ward of a guardian appointed pursuant
6to the Probate Code.
7(b) No notice is required for a parent whose parental rights have
8been terminated.
9(c) Notice shall be served as follows:
10(1) If the child is retained in custody, the notice shall be given
11to the persons required to be noticed as
soon as possible, and at
12least five days before the hearing, unless the hearing is set to be
13heard in less than five days in which case notice shall be given at
14least 24 hours prior to the hearing.
15(2) If the child is not retained in custody, the notice shall be
16given to those persons required to be noticed at least 10 days prior
17to the date of the hearing. If any person who is required to be given
18notice is known to reside outside of the county, the clerk of the
19juvenile court shall mail the notice and copy of the petition by
20first-class mail, to that person as soon as possible after the filing
21of the petition and at least 10 days before the time set for hearing.
22Failure to respond to the notice is not cause for an arrest or
23detention. In the instance of a failure to appear after notice by
24first-class mail, the court shall direct that the notice and copy of
25the petition be personally served on all persons required to receive
26the notice and
copy of the petition. For these purposes, personal
27service of the notice and copy of the petition outside of the county
28at least 10 days before the time set for hearing is equivalent to
29service by first-class mail. Service may be waived by any person
30by a voluntary appearance entered in the minutes of the court or
31by a written waiver of service filed with the clerk of the court at,
32or prior to, the hearing.
33(3) In lieu of notice by first-class mail, notice may be served by
34electronic mail if the county, or city and county, and the court
35choose to permit service by electronic mail and the person to be
36served has consented to service by electronic mail by signing
37Judicial Council Form EFS-005.
38(d) The notice of the initial petition hearing shall include all of
39the
following:
40(1) The date, time, and place of the hearing.
P5 1(2) The name of the child.
2(3) A copy of the petition.
3(e) If the court knows or has reason to know that an Indian child
4is involved, notice shall be given in accordance with Section 224.2.
Section 291 of the Welfare and Institutions Code is
6amended to read:
After the initial petition hearing, the clerk of the court
8shall cause the notice to be served in the following manner:
9(a) Notice of the hearing shall be given to the following persons:
10(1) The mother.
11(2) The father or fathers, presumed and alleged.
12(3) The legal guardian or guardians.
13(4) The child, if the child is 10 years of age or older.
14(5) Any known sibling of the child who is the subject of the
15hearing if that sibling
either is the subject of a dependency
16proceeding or has been adjudged to be a dependent child of the
17juvenile court. If the sibling is 10 years of age or older, the sibling,
18the sibling’s caregiver, and the sibling’s attorney. If the sibling is
19under 10 years of age, the sibling’s caregiver and the sibling’s
20attorney. However, notice is not required to be given to any sibling
21whose matter is calendared in the same court on the same day.
22(6) Each attorney of record unless counsel of record is present
23in court when the hearing is scheduled, then no further notice need
24be given.
25(7) If there is no parent or guardian residing in California, or if
26the residence is unknown, then to any adult relative residing within
27the county or if none, the adult relative residing nearest the court.
28(8) If the hearing is a dispositional
hearing that is also serving
29as a permanency hearing pursuant to subdivision (f) of Section
30361.5, notice shall be given to the current caregiver for the child,
31including foster parents, relative caregivers, preadoptive parents,
32and nonrelative extended family members. Any person notified
33may attend all hearings and may submit any information he or she
34deems relevant to the court in writing.
35(b) No notice is required for a parent whose parental rights have
36been terminated.
37(c) Notice shall be served as follows:
38(1) If the child is detained, the notice shall be given to the
39persons required to be noticed as soon as possible, and at least five
P6 1days before the hearing, unless the hearing is set less than five
2days and then at least 24 hours prior to the hearing.
3(2) If the child is not detained, the notice shall be given to those
4persons required to be noticed at least 10 days prior to the date of
5the hearing.
6(d) The notice shall include all of the following:
7(1) The name and address of the person notified.
8(2) The nature of the hearing.
9(3) Each section and subdivision under which the proceeding
10has been initiated.
11(4) The date, time, and place of the hearing.
12(5) The name of the child upon whose behalf the petition has
13been brought.
14(6) A statement that:
15(A) If they fail to appear, the court may proceed without them.
16(B) The child, parent, guardian, Indian custodian, or adult
17relative to whom notice is required to be given pursuant to
18paragraph (1), (2), (3), (4), or (7) of subdivision (a) is entitled to
19have an attorney present at the hearing.
20(C) If the parent, guardian, Indian custodian, or adult relative
21noticed pursuant to paragraph (1), (2), (3), or (7) of subdivision
22(a) is indigent and cannot afford an attorney, and desires to be
23represented by an attorney, the parent, guardian, Indian custodian,
24or adult relative shall promptly notify the clerk of the juvenile
25court.
26(D) If an attorney is appointed to represent the parent, guardian,
27Indian custodian, or adult relative, the represented person shall be
28
liable for all or a portion of the costs to the extent of his or her
29ability to pay.
30(E) The parent, guardian, Indian custodian, or adult relative may
31be liable for the costs of support of the child in any out-of-home
32placement.
33(7) A copy of the petition.
34(e) Service of the notice of the hearing shall be given in the
35following manner:
36(1) If the child is detained and the persons required to be noticed
37are not present at the initial petition hearing, they shall be noticed
38by personal service or by certified mail, return receipt requested.
P7 1(2) If the child is detained and the persons required to be noticed
2are present at the initial petition hearing, they shall be noticed by
3personal
service or by first-class mail.
4(3) If the child is not detained, the persons required to be noticed
5shall be noticed by personal service or by first-class mail, unless
6the person to be served is known to reside outside the county, in
7which case service shall be by first-class mail.
8(4) In lieu of notice by first-class mail, notice may be served by
9electronic mail if the county, or city and county, and the court
10choose to permit service by electronic mail and the person to be
11served has consented to service by electronic mail by signing
12Judicial Council Form EFS-005.
13(f) Any of the notices required to be given under this section or
14Sections 290.1 and 290.2 may be waived by a party in person or
15through his or
her attorney, or by a signed written waiver filed on
16or before the date scheduled for the hearing.
17(g) If the court knows or has reason to know that an Indian child
18is involved, notice shall be given in accordance with Section 224.2.
Section 292 of the Welfare and Institutions Code is
20amended to read:
The social worker or probation officer shall give notice
22of the review hearing held pursuant to Section 364 in the following
23manner:
24(a) Notice of the hearing shall be given to the following persons:
25(1) The mother.
26(2) The presumed father or any father receiving services.
27(3) The legal guardian or guardians.
28(4) The child, if the child is 10 years of age or older.
29(5) Any known sibling of the child who is the subject of the
30
hearing if that sibling either is the subject of a dependency
31proceeding or has been adjudged to be a dependent child of the
32juvenile court. If the sibling is 10 years of age or older, the sibling,
33the sibling’s caregiver, and the sibling’s attorney. If the sibling is
34under 10 years of age, the sibling’s caregiver and the sibling’s
35attorney. However, notice is not required to be given to any sibling
36whose matter is calendared in the same court on the same day.
37(6) Each attorney of record, if that attorney was not present at
38the time that the hearing was set by the court.
39(b) No notice is required for a parent whose parental rights have
40been terminated.
P8 1(c) The notice of the hearing shall be served not earlier than 30
2days, nor later than 15 days, before the hearing.
3(d) The notice shall contain a statement regarding the nature of
4the hearing to be held and any change in the custody or status of
5the child being recommended by the supervising agency. The
6notice shall also include a statement that the child and the parent
7or parents or legal guardian or guardians have a right to be present
8at the hearing, to be represented by counsel at the hearing and the
9procedure for obtaining appointed counsel, and to present evidence
10regarding the proper disposition of the case. The notice shall also
11state that if the parent or parents or legal guardian or guardians
12fail to appear, the court may proceed without them.
13(e) Service of the notice shall be by personal service, by
14first-class mail, or by certified mail, return receipt requested,
15addressed to the last known address of the person to be noticed.
16begin insert Notice may be served by
electronic mail if the county, or city and
17county, and the court choose to permitend insertbegin insert service by electronic mail
18and the person to be served has consented to service by electronic
19mail by signing Judicial Council Form EFS-005.end insert
20(f) If the social worker or the probation officer knows or has
21reason to know that an Indian child is involved, notice shall be
22given in accordance with Section 224.2.
Section 293 of the Welfare and Institutions Code is
24amended to read:
The social worker or probation officer shall give notice
26of the review hearings held pursuant to Section 366.21, 366.22,
27or 366.25 in the following manner:
28(a) Notice of the hearing shall be given to the following persons:
29(1) The mother.
30(2) The presumed father or any father receiving services.
31(3) The legal guardian or guardians.
32(4) The child, if the child is 10 years of age or older.
33(5) Any known sibling of the child who is the subject of the
34hearing if that sibling
either is the subject of a dependency
35proceeding or has been adjudged to be a dependent child of the
36juvenile court. If the sibling is 10 years of age or older, the sibling,
37the sibling’s caregiver, and the sibling’s attorney. If the sibling is
38under 10 years of age, the sibling’s caregiver and the sibling’s
39attorney. However, notice is not required to be given to any sibling
40whose matter is calendared in the same court on the same day.
P9 1(6) In the case of a child removed from the physical custody of
2his or her parent or legal guardian, the current caregiver of the
3child, including the foster parents, relative caregivers, preadoptive
4parents, nonrelative extended family members, community care
5facility, or foster family agency having custody of the child. In a
6case in which a foster family agency is notified of the hearing
7pursuant to this section, and the child resides in a foster home
8certified by the foster family agency, the foster family
agency shall
9provide timely notice of the hearing to the child’s caregivers.
10(7) Each attorney of record if that attorney was not present at
11the time that the hearing was set by the court.
12(b) No notice is required for a parent whose parental rights have
13been terminated. On and after January 1, 2012, in the case of a
14nonminor dependent, as described in subdivision (v) of Section
1511400, no notice is required for a parent.
16(c) The notice of hearing shall be served not earlier than 30
17days, nor later than 15 days, before the hearing.
18(d) The notice shall contain a statement regarding the nature of
19the hearing to be held and any change in the custody or status of
20the child being recommended by the supervising agency. If the
21notice is to the child, parent or
parents, or legal guardian or
22guardians, the notice shall also advise them of the right to be
23present, the right to be represented by counsel, the right to request
24counsel, and the right to present evidence. The notice shall also
25state that if the parent or parents or legal guardian or guardians
26fail to appear, the court may proceed without them.
27(e) Service of the notice shall be by first-class mail addressed
28to the last known address of the person to be noticed or by personal
29service on the person. Service of a copy of the notice shall be by
30personal service or by certified mail, return receipt requested, or
31any other form of notice that is equivalent to service by first-class
32mail.begin insert In lieu of notice by first-class mail, notice may be served by
33electronic mail if the county, or city and county, and the court
34choose to permitend insertbegin insert
service by electronic mail and the person to be
35served has consented to service by electronic mail by signing
36Judicial Council Form EFS-005.end insert
37(f) Notice to the current caregiver of the child, including a foster
38parent, a relative caregiver, a preadoptive parent, or a nonrelative
39extended family member, or to a certified foster parent who has
40been approved for adoption, or the State Department of Social
P10 1Services when it is acting as an adoption agency or by a county
2adoption agency, shall indicate that the person notified may attend
3all hearings or may submit any information he or she deems
4relevant to the court in writing.
5(g) If the social worker or probation officer knows or has reason
6to know that an Indian child is involved, notice shall be given in
7accordance with Section 224.2.
Section 294 of the Welfare and Institutions Code is
9amended to read:
The social worker or probation officer shall give notice
11of a selection and implementation hearing held pursuant to Section
12366.26 in the following manner:
13(a) Notice of the hearing shall be given to the following persons:
14(1) The mother.
15(2) The fathers, presumed and alleged.
16(3) The child, if the child is 10 years of age or older.
17(4) Any known sibling of the child who is the subject of the
18hearing if that sibling either is the subject of a dependency
19proceeding or has been adjudged to be a dependent child of the
20juvenile court. If
the sibling is 10 years of age or older, the sibling,
21the sibling’s caregiver, and the sibling’s attorney. If the sibling is
22under 10 years of age, the sibling’s caregiver and the sibling’s
23attorney. However, notice is not required to be given to any sibling
24whose matter is calendared in the same court on the same day.
25(5) The grandparents of the child, if their address is known and
26if the parent’s whereabouts are unknown.
27(6) All counsel of record.
28(7) To any unknown parent by publication, if ordered by the
29court pursuant to paragraph (2) of subdivision (g).
30(8) The current caregiver of the child, including foster parents,
31relative caregivers, preadoptive parents, and nonrelative extended
32family members. Any person notified may attend all hearings and
33
may submit any information he or she deems relevant to the court
34in writing.
35(b) The following persons shall not be notified of the hearing:
36(1) A parent who has relinquished the child to the State
37Department of Social Services, county adoption agency, or licensed
38adoption agency for adoption, and the relinquishment has been
39accepted and filed with notice as required under Section 8700 of
40the Family Code.
P11 1(2) An alleged father who has denied paternity and has executed
2a waiver of the right to notice of further proceedings.
3(3) A parent whose parental rights have been terminated.
4(c) (1) Service of the notice shall be completed at least 45 days
5before the hearing date.
Service is deemed complete at the time
6the notice is personally delivered to the person named in the notice
7or 10 days after the notice has been placed in the mailbegin insert or sent by
8electronic mailend insert, or at the expiration of the time prescribed by the
9order for publication.
10(2) Service of notice in cases where publication is ordered shall
11be completed at least 30 days before the date of the hearing.
12(d) Regardless of the type of notice required, or the manner in
13which it is served, once the court has made the initial finding that
14notice has properly been given to the parent, or to any person
15entitled to receive notice pursuant to this section, subsequent notice
16for any continuation of a Section 366.26 hearing may be by
17first-class mail to any last known address, by an order made
18
pursuant to Section 296,begin insert by electronic mail if the county, or city
19and county, and the court choose to permitend insertbegin insert service by electronic
20mail and the person to be served has consented to service by
21electronic mail by signing Judicial Council Form EFS-005,end insert or by
22any other means that the court determines is reasonably calculated,
23under any circumstance, to provide notice of the continued hearing.
24However, if the recommendation changes from the
25recommendation contained in the notice previously found to be
26proper, notice shall be provided to the parent, and to any person
27entitled to receive notice pursuant to this section, regarding that
28subsequent hearing.
29(e) The notice shall contain the following information:
30(1) The date, time, and place of the hearing.
31(2) The right to appear.
32(3) The parents’ right to counsel.
33(4) The nature of the proceedings.
34(5) The recommendation of the supervising agency.
35(6) A statement that, at the time of hearing, the court is required
36to select a permanent plan of adoption, legal guardianship, or
37long-term foster care for the child.
38(f) Notice to the parents may be given in any one of the
39following manners:
P12 1(1) If the parent is present at the hearing at which the court
2
schedules a hearing pursuant to Section 366.26, the court shall
3advise the parent of the date, time, and place of the proceedings,
4their right to counsel, the nature of the proceedings, and the
5requirement that at the proceedings the court shall select and
6implement a plan of adoption, legal guardianship, or long-term
7foster care for the child. The court shall direct the parent to appear
8for the proceedings and then direct that the parent be notified
9thereafter by first-class mail to the parent’s usual place of residence
10or business only.begin insert In lieu of notice by first-class mail, notice may
11be served by electronic mail if the county, or city and county, and
12the court choose to permitend insertbegin insert service by electronic mail and the person
13to be served has consented to service by electronic mail by signing
14Judicial Council Form EFS-005.end insert
15(2) Certified mail, return receipt requested, to the parent’s last
16known mailing address. This notice shall be sufficient if the child
17welfare agency receives a return receipt signed by the parent.
18(3) Personal service to the parent named in the notice.
19(4) Delivery to a competent person who is at least 18 years of
20age at the parent’s usual place of residence or business, and
21thereafter mailed to the parent named in the notice by first-class
22mail at the place where the notice was delivered.
23(5) If the residence of the parent is outside the state, service
24may be made as described in paragraph (1), (3), or (4) or by
25certified mail, return receipt requested.
26(6) If the recommendation of the
probation officer or social
27worker is legal guardianship or long-term foster care, or, in the
28case of an Indian child, tribal customary adoption, service may be
29made by first-class mail to the parent’s usual place of residence
30or business.begin insert
In lieu of notice by first-class mail, notice may be
31served by electronic mail if the county, or city and county, and the
32court choose to permitend insertbegin insert service by electronic mail and the person
33to be served has consented to service by electronic mail by signing
34Judicial Council Form EFS-005.end insert
35(7) If a parent’s identity is known but his or her whereabouts
36are unknown and the parent cannot, with reasonable diligence, be
37served in any manner specified in paragraphs (1) to (6), inclusive,
38the petitioner shall file an affidavit with the court at least 75 days
39before the hearing date, stating the name of the parent and
40describing the efforts made to locate and serve the parent.
P13 1(A) If the court determines that there has been due diligence in
2
attempting to locate and serve the parent and the probation officer
3or social worker recommends adoption, service shall be to that
4parent’s attorney of record, if any, by certified mail, return receipt
5requested. If the parent does not have an attorney of record, the
6court shall order that service be made by publication of citation
7requiring the parent to appear at the date, time, and place stated in
8the citation, and that the citation be published in a newspaper
9designated as most likely to give notice to the parent. Publication
10shall be made once a week for four consecutive weeks. Whether
11notice is to the attorney of record or by publication, the court shall
12also order that notice be given to the grandparents of the child, if
13their identities and addresses are known, by first-class mail.
14(B) If the court determines that there has been due diligence in
15attempting to locate and serve the parent and the probation officer
16or social worker
recommends legal guardianship or long-term
17foster care, no further notice is required to the parent, but the court
18shall order that notice be given to the grandparents of the child, if
19their identities and addresses are known, by first-class mail.
20(C) In any case where the residence of the parent becomes
21known, notice shall immediately be served upon the parent as
22provided for in either paragraph (2), (3), (4), (5), or (6).
23(g) (1) If the identity of one or both of the parents, or alleged
24parents, of the child is unknown, or if the name of one or both
25parents is uncertain, then that fact shall be set forth in the affidavit
26filed with the court at least 75 days before the hearing date and
27the court, consistent with the provisions of Sections 7665 and 7666
28of the Family Code, shall issue an order dispensing with notice to
29a natural parent or possible natural
parent under this section if,
30after inquiry and a determination that there has been due diligence
31in attempting to identify the unknown parent, the court is unable
32to identify the natural parent or possible natural parent and no
33person has appeared claiming to be the natural parent.
34(2) After a determination that there has been due diligence in
35attempting to identify an unknown parent pursuant to paragraph
36(1) and the probation officer or social worker recommends
37adoption, the court shall consider whether publication notice would
38be likely to lead to actual notice to the unknown parent. The court
39may order publication notice if, on the basis of all information
40before the court, the court determines that notice by publication
P14 1is likely to lead to actual notice to the parent. If publication notice
2to an unknown parent is ordered, the court shall order the published
3citation to be directed to either the father or mother, or both, of
4the child, and
to all persons claiming to be the father or mother of
5the child, naming and otherwise describing the child. An order of
6publication pursuant to this paragraph shall be based on an affidavit
7describing efforts made to identify the unknown parent or parents.
8Service made by publication pursuant to this paragraph shall
9require the unknown parent or parents to appear at the date, time,
10and place stated in the citation. Publication shall be made once a
11week for four consecutive weeks.
12(3) If the court determines that there has been due diligence in
13attempting to identify one or both of the parents, or alleged parents,
14of the child and the probation officer or social worker recommends
15legal guardianship or long-term foster care, no further notice to
16the parent shall be required.
17(h) Notice to the child and all counsel of record shall be by
18first-classbegin delete mail.end deletebegin insert
mail, or by electronic mail if the county, or city
19and county, and the court choose to permitend insertbegin insert service by electronic
20mail and the person to be served has consented to service by
21electronic mail by signing Judicial Council Form EFS-005.end insert
22(i) If the court knows or has reason to know that an Indian child
23is involved, notice shall be given in accordance with Section 224.2.
24(j) Notwithstanding subdivision (a), if the attorney of record is
25present at the time the court schedules a hearing pursuant to Section
26366.26, no further notice is required, except as required by
27subparagraph (A) of paragraph (7) of subdivision (f).
28(k) This section shall also apply to children adjudged wards
29pursuant to
Section 727.31.
30(l) The court shall state the reasons on the record explaining
31why good cause exists for granting any continuance of a hearing
32held pursuant to Section 366.26 to fulfill the requirements of this
33section.
Section 295 of the Welfare and Institutions Code is
35amended to read:
The social worker or probation officer shall give notice
37of review hearings held pursuant to Sections 366.3 and 366.31 and
38for termination of jurisdiction hearings held pursuant to Section
39391 in the following manner:
40(a) Notice of the hearing shall be given to the following persons:
P15 1(1) The mother.
2(2) The presumed father.
3(3) The legal guardian or guardians.
4(4) The child, if the child is 10 years of age or older, or a
5nonminor dependent.
6(5) Any known sibling of the
child or nonminor dependent who
7is the subject of the hearing if that sibling either is the subject of
8a dependency proceeding or has been adjudged to be a dependent
9child of the juvenile court. If the sibling is 10 years of age or older,
10the sibling, the sibling’s caregiver, and the sibling’s attorney. If
11the sibling is under 10 years of age, the sibling’s caregiver and the
12sibling’s attorney. However, notice is not required to be given to
13any sibling whose matter is calendared in the same court on the
14same day.
15(6) The current caregiver of the child, including foster parents,
16relative caregivers, preadoptive parents, nonrelative extended
17family members, community care facility, or foster family agency
18having physical custody of the child if a child is removed from the
19physical custody of the parents or legal guardian. The person
20notified may attend all hearings and may submit any information
21he or she deems relevant to the court in
writing.
22(7) The current caregiver of a nonminor dependent, as described
23in subdivision (v) of Section 11400. The person notified may attend
24all hearings and may submit for filing an original and eight copies
25of written information he or she deems relevant to the court. The
26court clerk shall provide the current parties and attorneys of record
27with a copy of the written information immediately upon receipt
28and complete, file, and distribute a proof of service.
29(8) The attorney of record if that attorney of record was not
30present at the time that the hearing was set by the court.
31(9) The alleged father or fathers, but only if the recommendation
32is to set a new hearing pursuant to Section 366.26.
33(b) No notice shall be required for a parent whose parental
rights
34have been terminated or for the parent of a nonminor dependent,
35as described in subdivision (v) of Section 11400, unless the parent
36is receiving court-ordered family reunification services pursuant
37to Section 361.6.
38(c) The notice of the review hearing shall be served no earlier
39than 30 days, nor later than 15 days, before the hearing.
P16 1(d) The notice of the review hearing shall contain a statement
2regarding the nature of the hearing to be held, any recommended
3change in the custody or status of the child, and any
4recommendation that the court set a new hearing pursuant to
5Section 366.26 in order to select a more permanent plan.
6(e) Service of notice shall be by first-class mail addressed to
7the last known address of the person to be provided notice.begin insert
In lieu
8of notice by first-class mail, notice may be served by electronic
9mail if the county, or city and county, and the court choose to
10permitend insertbegin insert service by electronic mail and the person to be served has
11consented to service by electronic mail by signing Judicial Council
12Form EFS-005.end insert In the case of an Indian child, notice shall be by
13registered mail, return receipt requested.
14(f) If the child is ordered into a permanent plan of legal
15guardianship, and subsequently a petition to terminate or modify
16the guardianship is filed, the probation officer or social worker
17shall serve notice of the petition not less than 15 court days prior
18to the hearing on all persons listed in subdivision (a) and on the
19court that established legal guardianship if it is in another county.
20(g) If the social worker or probation officer knows or has reason
21to know that an Indian child is involved, notice shall be given in
22accordance with Section 224.2.
Section 316.1 of the Welfare and Institutions Code is
24amended to read:
(a) begin insert(1)end insertbegin insert end insert Upon his or her appearance before the court,
26each parent or guardian shall designate for the court his or her
27permanent mailing address. The court shall advise each parent or
28guardian that the designated mailing address will be used by the
29court and the social services agency for notice purposes unless and
30until the parent or guardian notifies the court or the social services
31agency of a new mailing address in writing.
32(2) In addition to providing his or her permanent mailing
33address, the court may permit a parent or guardian appearing
34before the court to voluntarily provide the court with a designated
35electronic mail address for the purpose of receiving notice by
36electronic mail. The court shall advise each parent or guardian
37that the electronic mail address will be used by the court and the
38social services agency for purposes of providing notice pursuant
39to Sections 290.1, 290.2, 291, 292, 293, 294, and 295, if the parent
P17 1or guardian has consented to service by electronic mail by signing
2Judicial Council Form EFS-005.
3(b) The Judicial Council may develop a form for the designation
4of a permanent mailing address by parents and guardians for use
5by the courts and social services agencies.
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