Amended in Senate July 7, 2015

Amended in Assembly April 21, 2015

California Legislature—2015–16 Regular Session

Assembly Bill No. 879

Introduced by Assembly Member Burke

begin insert

(Coauthors: Senators Anderson and Hertzberg)

end insert

February 26, 2015

An act to amend, repeal, and add Sections 290.1, 290.2, 291, 292, 293, 294, 295, and 316.1 of the Welfare and Institutions Code, relating to juveniles.

LEGISLATIVE COUNSEL’S DIGEST

AB 879, as amended, 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, until January 1, 2019, generally 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, as provided.

Vote: majority. Appropriation: no. Fiscal committee: no. State-mandated local program: no.

The people of the State of California do enact as follows:

SECTION 1.  

Section 290.1 of the Welfare and Institutions
Code is amended to read:

290.1.  

If the probation officer or social worker determines that
the child shall be retained in custody, he or she shall immediately
file a petition pursuant to Section 332 with the clerk of the juvenile
court, who shall set the matter for hearing on the detention hearing
calendar. The probation officer or social worker shall serve notice
as prescribed in this section.

(a) Notice shall be given to the following persons whose
whereabouts are known or become known prior to the initial
petition hearing:

(1) The mother.

(2) The father or fathers, presumed and alleged.

(3) The legal guardian or guardians.

(4) The child, if the child is 10 years of age or older.

(5) Any known sibling of the child who is the subject of the
hearing if that sibling either is the subject of a dependency
proceeding or has been adjudged to be a dependent child of the
juvenile court. If the sibling is 10 years of age or older, the sibling,
the sibling’s caregiver, and the sibling’s attorney. If the sibling is
under 10 years of age, the sibling’s caregiver and the sibling’s
attorney. However, notice is not required to be given to any sibling
whose matter is calendared in the same court on the same day.

(6) If there is no parent or guardian residing in California, or if
the residence is unknown, then to any adult relative residing within
the county, begin delete or end delete begin insert or, end insert if none, the adult relative residing nearest the
court.

(7) The attorney for the parent or parents, or legal guardian or
guardians.

(8) The district attorney, if the district attorney has notified the
clerk of the court that he or she wishes to receive the petition,
containing the time, date, and place of the hearing.

(9) The probate department of the superior court that appointed
the guardian, if the child is a ward of a guardian appointed pursuant
to the Probate Code.

(b) No notice is required for a parent whose parental rights have
been terminated.

(c) The notice shall be given as soon as possible after the filing
of the petition.

(d) The notice of the initial petition hearing shall include all of
the following:

(1) The date, time, and place of the hearing.

(2) The name of the child.

(3) A copy of the petition.

(e) Service of the notice shall be written or oral. If the person
being served cannot read, notice shall be given orally. Except as
provided in subdivisions (f), (g), and (h), written notice may be
served 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
Judicial Council Form EFS-005.

(f) If the probation officer or social worker knows or has reason
to know that an Indian child is involved, notice shall be given in
accordance with Section 224.2.

(g) Except as provided in subdivision (h), if notice is required
to be provided to a child pursuant to paragraph (4) or (5) of
subdivision (a), written notice may be served on the child by
electronic mail only if all of the following requirements are
satisfied:

(1) The county, or city and county, and the court choose to
permit service by electronic mail.

(2) The child is 16 years of age or older.

(3) The child has consented to service by electronic mail by
signing Judicial Council Form EFS-005.

(4) The attorney for the child has consented to service of the
minor by electronic mail by signing Judicial Council Form
EFS-005.

(h) If notice is required to be provided to a child pursuant to
paragraph (4) or (5) of subdivision (a), written notice may be served
on the child by electronic mail as well as by regular mail if all of
the following requirements are satisfied:

(1) The county, or city and county, and the court choose to
permit service by electronic mail.

(2) The child is 14 or 15 years of age.

(3) The child has consented to service by electronic mail by
signing Judicial Council Form EFS-005.

(4) The attorney for the child has consented to service of the
minor by electronic mail by signing Judicial Council Form
EFS-005.

(i) This section shall remain in effect only until January 1, 2019,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2019, deletes or extends that date.

SEC. 2.  

Section 290.1 is added to the Welfare and Institutions
Code, to read:

290.1.  

If the probation officer or social worker determines that
the child shall be retained in custody, he or she shall immediately
file a petition pursuant to Section 332 with the clerk of the juvenile
court, who shall set the matter for hearing on the detention hearing
calendar. The probation officer or social worker shall serve notice
as prescribed in this section.

(a) Notice shall be given to the following persons whose
whereabouts are known or become known prior to the initial
petition hearing:

(1) The mother.

(2) The father or fathers, presumed and alleged.

(3) The legal guardian or guardians.

(4) The child, if the child is 10 years of age or older.

(5) Any known sibling of the child who is the subject of the
hearing if that sibling either is the subject of a dependency
proceeding or has been adjudged to be a dependent child of the
juvenile court. If the sibling is 10 years of age or older, the sibling,
the sibling’s caregiver, and the sibling’s attorney. If the sibling is
under 10 years of age, the sibling’s caregiver and the sibling’s
attorney. However, notice is not required to be given to any sibling
whose matter is calendared in the same court on the same day.

(6) If there is no parent or guardian residing in California, or if
the residence is unknown, then to any adult relative residing within
the county, begin delete or end delete begin insert or, end insert if none, the adult relative residing nearest the
court.

(7) The attorney for the parent or parents, or legal guardian or
guardians.

(8) The district attorney, if the district attorney has notified the
clerk of the court that he or she wishes to receive the petition,
containing the time, date, and place of the hearing.

(9) The probate department of the superior court that appointed
the guardian, if the child is a ward of a guardian appointed pursuant
to the Probate Code.

(b) No notice is required for a parent whose parental rights have
been terminated.

(c) The notice shall be given as soon as possible after the filing
of the petition.

(d) The notice of the initial petition hearing shall include all of
the following:

(1) The date, time, and place of the hearing.

(2) The name of the child.

(3) A copy of the petition.

(e) Service of the notice shall be written or oral. If the person
being served cannot read, notice shall be given orally.

(f) If the probation officer or social worker knows or has reason
to know that an Indian child is involved, notice shall be given in
accordance with Section 224.2.

(g) This section shall become operative on January 1, 2019.

SEC. 3.  

Section 290.2 of the Welfare and Institutions Code is
amended to read:

290.2.  

Upon the filing of a petition by a probation officer or
social worker, the clerk of the juvenile court shall issue notice, to
which shall be attached a copy of the petition, and he or she shall
cause the same to be served as prescribed in this section.

(a) Notice shall be given to the following persons whose address
is known or becomes known prior to the initial petition hearing:

(1) The mother.

(2) The father or fathers, presumed and alleged.

(3) The legal guardian or guardians.

(4) The child, if the child is 10 years of age or older.

(5) Any known sibling of the child who is the subject of the
hearing if that sibling either is the subject of a dependency
proceeding or has been adjudged to be a dependent child of the
juvenile court. If the sibling is 10 years of age or older, the sibling,
the sibling’s caregiver, and the sibling’s attorney. If the sibling is
under 10 years of age, the sibling’s caregiver and the sibling’s
attorney. However, notice is not required to be given to any sibling
whose matter is calendared in the same court on the same day.

(6) If there is no parent or guardian residing in California, or if
the residence is unknown, to any adult relative residing within the
county, begin delete or end delete begin insert or, end insert if none, the adult relative residing nearest the court.

(7) Upon reasonable notification by counsel representing the
child, parent, or guardian, the clerk of the court shall give notice
to that counsel as soon as possible.

(8) The district attorney, if the district attorney has notified the
clerk of the court that he or she wishes to receive the petition,
containing the time, date, and place of the hearing.

(9) The probate department of the superior court that appointed
the guardian, if the child is a ward of a guardian appointed pursuant
to the Probate Code.

(b) No notice is required for a parent whose parental rights have
been terminated.

(c) Notice shall be served as follows:

(1) If the child is retained in custody, the notice shall be given
to the persons required to be noticed as soon as possible, and at
least five days before the hearing, unless the hearing is set to be
heard in less than five days in which case notice shall be given at
least 24 hours prior to the hearing.

(2) If the child is not retained in custody, the notice shall be
given to those persons required to be noticed at least 10 days prior
to the date of the hearing. If any person who is required to be given
notice is known to reside outside of the county, the clerk of the
juvenile court shall mail the notice and copy of the petition by
first-class mail to that person as soon as possible after the filing
of the petition and at least 10 days before the time set for hearing.
Failure to respond to the notice is not cause for an arrest or
detention. In the instance of a failure to appear after notice by
first-class mail, the court shall direct that the notice and copy of
the petition be personally served on all persons required to receive
the notice and copy of the petition. For these purposes, personal
service of the notice and copy of the petition outside of the county
at least 10 days before the time set for hearing is equivalent to
service by first-class mail. Service may be waived by any person
by a voluntary appearance entered in the minutes of the court or
by a written waiver of service filed with the clerk of the court at,
or prior to, the hearing.

(3) Except as provided in subdivisions (e), (f), and (g), notice
may be served by electronic mail in lieu of notice by first-class
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 Judicial Council
Form EFS-005.

(d) The notice of the initial petition hearing shall include all of
the following:

(1) The date, time, and place of the hearing.

(2) The name of the child.

(3) A copy of the petition.

(e) If the court knows or has reason to know that an Indian child
is involved, notice shall be given in accordance with Section 224.2.

(f) Except as provided in subdivision (g), if notice is required
to be provided to a child pursuant to paragraph (4) or (5) of
subdivision (a), written notice may be served on the child by
electronic mail only if all of the following requirements are
satisfied:

(1) The county, or city and county, and the court choose to
permit service by electronic mail.

(2) The child is 16 years of age or older.

(3) The child has consented to service by electronic mail by
signing Judicial Council Form EFS-005.

(4) The attorney for the child has consented to service of the
minor by electronic mail by signing Judicial Council Form
EFS-005.

(g) If notice is required to be provided to a child pursuant to
paragraph (4) or (5) of subdivision (a), written notice may be served
on the child by electronic mail as well as by regular mail if all of
the following requirements are satisfied:

(1) The county, or city and county, and the court choose to
permit service by electronic mail.

(2) The child is 14 or 15 years of age.

(3) The child has consented to service by electronic mail by
signing Judicial Council Form EFS-005.

(4) The attorney for the child has consented to service of the
minor by electronic mail by signing Judicial Council Form
EFS-005.

(h) This section shall remain in effect only until January 1, 2019,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2019, deletes or extends that date.

SEC. 4.  

Section 290.2 is added to the Welfare and Institutions
Code, to read:

290.2.  

Upon the filing of a petition by a probation officer or
social worker, the clerk of the juvenile court shall issue notice, to
which shall be attached a copy of the petition, and he or she shall
cause the same to be served as prescribed in this section.

(a) Notice shall be given to the following persons whose address
is known or becomes known prior to the initial petition hearing:

(1) The mother.

(2) The father or fathers, presumed and alleged.

(3) The legal guardian or guardians.

(4) The child, if the child is 10 years of age or older.

(5) Any known sibling of the child who is the subject of the
hearing if that sibling either is the subject of a dependency
proceeding or has been adjudged to be a dependent child of the
juvenile court. If the sibling is 10 years of age or older, the sibling,
the sibling’s caregiver, and the sibling’s attorney. If the sibling is
under 10 years of age, the sibling’s caregiver and the sibling’s
attorney. However, notice is not required to be given to any sibling
whose matter is calendared in the same court on the same day.

(6) If there is no parent or guardian residing in California, or if
the residence is unknown, to any adult relative residing within the
county, begin delete or end delete begin insert or, end insert if none, the adult relative residing nearest the court.

(7) Upon reasonable notification by counsel representing the
child, parent, or guardian, the clerk of the court shall give notice
to that counsel as soon as possible.

(8) The district attorney, if the district attorney has notified the
clerk of the court that he or she wishes to receive the petition,
containing the time, date, and place of the hearing.

(9) The probate department of the superior court that appointed
the guardian, if the child is a ward of a guardian appointed pursuant
to the Probate Code.

(b) No notice is required for a parent whose parental rights have
been terminated.

(c) Notice shall be served as follows:

(1) If the child is retained in custody, the notice shall be given
to the persons required to be noticed as soon as possible, and at
least five days before the hearing, unless the hearing is set to be
heard in less than five days in which case notice shall be given at
least 24 hours prior to the hearing.

(2) If the child is not retained in custody, the notice shall be
given to those persons required to be noticed at least 10 days prior
to the date of the hearing. If any person who is required to be given
notice is known to reside outside of the county, the clerk of the
juvenile court shall mail the notice and copy of the petition by
first-class mail to that person as soon as possible after the filing
of the petition and at least 10 days before the time set for hearing.
Failure to respond to the notice is not cause for an arrest or
detention. In the instance of a failure to appear after notice by
first-class mail, the court shall direct that the notice and copy of
the petition be personally served on all persons required to receive
the notice and copy of the petition. For these purposes, personal
service of the notice and copy of the petition outside of the county
at least 10 days before the time set for hearing is equivalent to
service by first-class mail. Service may be waived by any person
by a voluntary appearance entered in the minutes of the court or
by a written waiver of service filed with the clerk of the court at,
or prior to, the hearing.

(d) The notice of the initial petition hearing shall include all of
the following:

(1) The date, time, and place of the hearing.

(2) The name of the child.

(3) A copy of the petition.

(e) If the court knows or has reason to know that an Indian child
is involved, notice shall be given in accordance with Section 224.2.

(f) This section shall become operative on January 1, 2019.

SEC. 5.  

Section 291 of the Welfare and Institutions Code is
amended to read:

291.  

After the initial petition hearing, the clerk of the court
shall cause the notice to be served in the following manner:

(a) Notice of the hearing shall be given to the following persons:

(1) The mother.

(2) The father or fathers, presumed and alleged.

(3) The legal guardian or guardians.

(4) The child, if the child is 10 years of age or older.

(5) Any known sibling of the child who is the subject of the
hearing if that sibling either is the subject of a dependency
proceeding or has been adjudged to be a dependent child of the
juvenile court. If the sibling is 10 years of age or older, the sibling,
the sibling’s caregiver, and the sibling’s attorney. If the sibling is
under 10 years of age, the sibling’s caregiver and the sibling’s
attorney. However, notice is not required to be given to any sibling
whose matter is calendared in the same court on the same day.

(6) Each attorney of record unless counsel of record is present
in court when the hearing is scheduled, then no further notice need
be given.

(7) If there is no parent or guardian residing in California, or if
the residence is unknown, then to any adult relative residing within
the county, begin delete or end delete begin insert or, end insert if none, the adult relative residing nearest the
court.

(8) If the hearing is a dispositional hearing that is also serving
as a permanency hearing pursuant to subdivision (f) of Section
361.5, notice shall be given to the current caregiver for the child,
including foster parents, relative caregivers, preadoptive parents,
and nonrelative extended family members. Any person notified
may attend all hearings and may submit any information he or she
deems relevant to the court in writing.

(b) No notice is required for a parent whose parental rights have
been terminated.

(c) Notice shall be served as follows:

(1) If the child is detained, the notice shall be given to the
persons required to be noticed as soon as possible, and at least five
days before the hearing, unless the hearing is set less than five
days and then at least 24 hours prior to the hearing.

(2) If the child is not detained, the notice shall be given to those
persons required to be noticed at least 10 days prior to the date of
the hearing.

(d) The notice shall include all of the following:

(1) The name and address of the person notified.

(2) The nature of the hearing.

(3) Each section and subdivision under which the proceeding
has been initiated.

(4) The date, time, and place of the hearing.

(5) The name of the child upon whose behalf the petition has
been brought.

(6) A statement that:

(A) If they fail to appear, the court may proceed without them.

(B) The child, parent, guardian, Indian custodian, or adult
relative to whom notice is required to be given pursuant to
paragraph (1), (2), (3), (4), or (7) of subdivision (a) is entitled to
have an attorney present at the hearing.

(C) If the parent, guardian, Indian custodian, or adult relative
noticed pursuant to paragraph (1), (2), (3), or (7) of subdivision
(a) is indigent and cannot afford an attorney, and desires to be
represented by an attorney, the parent, guardian, Indian custodian,
or adult relative shall promptly notify the clerk of the juvenile
court.

(D) If an attorney is appointed to represent the parent, guardian,
Indian custodian, or adult relative, the represented person shall be
liable for all or a portion of the costs to the extent of his or her
ability to pay.

(E) The parent, guardian, Indian custodian, or adult relative may
be liable for the costs of support of the child in any out-of-home
placement.

(7) A copy of the petition.

(e) Service of the notice of the hearing shall be given in the
following manner:

(1) If the child is detained and the persons required to be noticed
are not present at the initial petition hearing, they shall be noticed
by personal service or by certified mail, return receipt requested.

(2) If the child is detained and the persons required to be noticed
are present at the initial petition hearing, they shall be noticed by
personal service or by first-class mail.

(3) If the child is not detained, the persons required to be noticed
shall be noticed by personal service or by first-class mail, unless
the person to be served is known to reside outside the county, in
which case service shall be by first-class mail.

(4) Except as provided in subdivisions (g), (h), and (i), notice
may be served by electronic mail in lieu of notice by first-class
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 Judicial Council
Form EFS-005.

(f) Any of the notices required to be given under this section or
Sections 290.1 and 290.2 may be waived by a party in person or
through his or her attorney, or by a signed written waiver filed on
or before the date scheduled for the hearing.

(g) If the court knows or has reason to know that an Indian child
is involved, notice shall be given in accordance with Section 224.2.

(h) Except as provided in subdivision (i), if notice is required
to be provided to a child pursuant to paragraph (4) or (5) of
subdivision (a), written notice may be served on the child by
electronic mail only if all of the following requirements are
satisfied:

(1) The county, or city and county, and the court choose to
permit service by electronic mail.

(2) The child is 16 years of age or older.

(3) The child has consented to service by electronic mail by
signing Judicial Council Form EFS-005.

(4) The attorney for the child has consented to service of the
minor by electronic mail by signing Judicial Council Form
EFS-005.

(i) If notice is required to be provided to a child pursuant to
paragraph (4) or (5) of subdivision (a), written notice may be served
on the child by electronic mail as well as by regular mail if all of
the following requirements are satisfied:

(1) The county, or city and county, and the court choose to
permit service by electronic mail.

(2) The child is 14 or 15 years of age.

(3) The child has consented to service by electronic mail by
signing Judicial Council Form EFS-005.

(4) The attorney for the child has consented to service of the
minor by electronic mail by signing Judicial Council Form
EFS-005.

(j) This section shall remain in effect only until January 1, 2019,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2019, deletes or extends that date.

SEC. 6.  

Section 291 is added to the Welfare and Institutions
Code, to read:

291.  

After the initial petition hearing, the clerk of the court
shall cause the notice to be served in the following manner:

(a) Notice of the hearing shall be given to the following persons:

(1) The mother.

(2) The father or fathers, presumed and alleged.

(3) The legal guardian or guardians.

(4) The child, if the child is 10 years of age or older.

(5) Any known sibling of the child who is the subject of the
hearing if that sibling either is the subject of a dependency
proceeding or has been adjudged to be a dependent child of the
juvenile court. If the sibling is 10 years of age or older, the sibling,
the sibling’s caregiver, and the sibling’s attorney. If the sibling is
under 10 years of age, the sibling’s caregiver and the sibling’s
attorney. However, notice is not required to be given to any sibling
whose matter is calendared in the same court on the same day.

(6) Each attorney of record unless counsel of record is present
in court when the hearing is scheduled, then no further notice need
be given.

(7) If there is no parent or guardian residing in California, or if
the residence is unknown, then to any adult relative residing within
the county, begin delete or end delete begin insert or, end insert if none, the adult relative residing nearest the
court.

(8) If the hearing is a dispositional hearing that is also serving
as a permanency hearing pursuant to subdivision (f) of Section
361.5, notice shall be given to the current caregiver for the child,
including foster parents, relative caregivers, preadoptive parents,
and nonrelative extended family members. Any person notified
may attend all hearings and may submit any information he or she
deems relevant to the court in writing.

(b) No notice is required for a parent whose parental rights have
been terminated.

(c) Notice shall be served as follows:

(1) If the child is detained, the notice shall be given to the
persons required to be noticed as soon as possible, and at least five
days before the hearing, unless the hearing is set less than five
days and then at least 24 hours prior to the hearing.

(2) If the child is not detained, the notice shall be given to those
persons required to be noticed at least 10 days prior to the date of
the hearing.

(d) The notice shall include all of the following:

(1) The name and address of the person notified.

(2) The nature of the hearing.

(3) Each section and subdivision under which the proceeding
has been initiated.

(4) The date, time, and place of the hearing.

(5) The name of the child upon whose behalf the petition has
been brought.

(6) A statement that:

(A) If they fail to appear, the court may proceed without them.

(B) The child, parent, guardian, Indian custodian, or adult
relative to whom notice is required to be given pursuant to
paragraph (1), (2), (3), (4), or (7) of subdivision (a) is entitled to
have an attorney present at the hearing.

(C) If the parent, guardian, Indian custodian, or adult relative
noticed pursuant to paragraph (1), (2), (3), or (7) of subdivision
(a) is indigent and cannot afford an attorney, and desires to be
represented by an attorney, the parent, guardian, Indian custodian,
or adult relative shall promptly notify the clerk of the juvenile
court.

(D) If an attorney is appointed to represent the parent, guardian,
Indian custodian, or adult relative, the represented person shall be
liable for all or a portion of the costs to the extent of his or her
ability to pay.

(E) The parent, guardian, Indian custodian, or adult relative may
be liable for the costs of support of the child in any out-of-home
placement.

(7) A copy of the petition.

(e) Service of the notice of the hearing shall be given in the
following manner:

(1) If the child is detained and the persons required to be noticed
are not present at the initial petition hearing, they shall be noticed
by personal service or by certified mail, return receipt requested.

(2) If the child is detained and the persons required to be noticed
are present at the initial petition hearing, they shall be noticed by
personal service or by first-class mail.

(3) If the child is not detained, the persons required to be noticed
shall be noticed by personal service or by first-class mail, unless
the person to be served is known to reside outside the county, in
which case service shall be by first-class mail.

(f) Any of the notices required to be given under this section or
Sections 290.1 and 290.2 may be waived by a party in person or
through his or her attorney, or by a signed written waiver filed on
or before the date scheduled for the hearing.

(g) If the court knows or has reason to know that an Indian child
is involved, notice shall be given in accordance with Section 224.2.

(h) This section shall become operative on January 1, 2019.

SEC. 7.  

Section 292 of the Welfare and Institutions Code is
amended to read:

292.  

The social worker or probation officer shall give notice
of the review hearing held pursuant to Section 364 in the following
manner:

(a) Notice of the hearing shall be given to the following persons:

(1) The mother.

(2) The presumed father or any father receiving services.

(3) The legal guardian or guardians.

(4) The child, if the child is 10 years of age or older.

(5) Any known sibling of the child who is the subject of the
hearing if that sibling either is the subject of a dependency
proceeding or has been adjudged to be a dependent child of the
juvenile court. If the sibling is 10 years of age or older, the sibling,
the sibling’s caregiver, and the sibling’s attorney. If the sibling is
under 10 years of age, the sibling’s caregiver and the sibling’s
attorney. However, notice is not required to be given to any sibling
whose matter is calendared in the same court on the same day.

(6) Each attorney of record, if that attorney was not present at
the time that the hearing was set by the court.

(b) No notice is required for a parent whose parental rights have
been terminated.

(c) The notice of the hearing shall be served not earlier than 30
days, nor later than 15 days, before the hearing.

(d) The notice shall contain a statement regarding the nature of
the hearing to be held and any change in the custody or status of
the child being recommended by the supervising agency. The
notice shall also include a statement that the child and the parent
or parents or legal guardian or guardians have a right to be present
at the hearing, to be represented by counsel at the hearing and the
procedure for obtaining appointed counsel, and to present evidence
regarding the proper disposition of the case. The notice shall also
state that if the parent or parents or legal guardian or guardians
fail to appear, the court may proceed without them.

(e) Service of the notice shall be by personal service, by
first-class mail, or by certified mail, return receipt requested,
addressed to the last known address of the person to be noticed.
Except as provided in subdivisions (f), (g), and (h), notice may be
served 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
Judicial Council Form EFS-005.

(f) If the social worker or the probation officer knows or has
reason to know that an Indian child is involved, notice shall be
given in accordance with Section 224.2.

(g) Except as provided in subdivision (h), if notice is required
to be provided to a child pursuant to paragraph (4) or (5) of
subdivision (a), written notice may be served on the child by
electronic mail only if all of the following requirements are
satisfied:

(1) The county, or city and county, and the court choose to
permit service by electronic mail.

(2) The child is 16 years of age or older.

(3) The child has consented to service by electronic mail by
signing Judicial Council Form EFS-005.

(4) The attorney for the child has consented to service of the
minor by electronic mail by signing Judicial Council Form
EFS-005.

(h) If notice is required to be provided to a child pursuant to
paragraph (4) or (5) of subdivision (a), written notice may be served
on the child by electronic mail as well as by regular mail if all of
the following requirements are satisfied:

(1) The county, or city and county, and the court choose to
permit service by electronic mail.

(2) The child is 14 or 15 years of age.

(3) The child has consented to service by electronic mail by
signing Judicial Council Form EFS-005.

(4) The attorney for the child has consented to service of the
minor by electronic mail by signing Judicial Council Form
EFS-005.

(i) This section shall remain in effect only until January 1, 2019,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2019, deletes or extends that date.

SEC. 8.  

Section 292 is added to the Welfare and Institutions
Code, to read:

292.  

The social worker or probation officer shall give notice
of the review hearing held pursuant to Section 364 in the following
manner:

(a) Notice of the hearing shall be given to the following persons:

(1) The mother.

(2) The presumed father or any father receiving services.

(3) The legal guardian or guardians.

(4) The child, if the child is 10 years of age or older.

(5) Any known sibling of the child who is the subject of the
hearing if that sibling either is the subject of a dependency
proceeding or has been adjudged to be a dependent child of the
juvenile court. If the sibling is 10 years of age or older, the sibling,
the sibling’s caregiver, and the sibling’s attorney. If the sibling is
under 10 years of age, the sibling’s caregiver and the sibling’s
attorney. However, notice is not required to be given to any sibling
whose matter is calendared in the same court on the same day.

(6) Each attorney of record, if that attorney was not present at
the time that the hearing was set by the court.

(b) No notice is required for a parent whose parental rights have
been terminated.

(c) The notice of the hearing shall be served not earlier than 30
days, nor later than 15 days, before the hearing.

(d) The notice shall contain a statement regarding the nature of
the hearing to be held and any change in the custody or status of
the child being recommended by the supervising agency. The
notice shall also include a statement that the child and the parent
or parents or legal guardian or guardians have a right to be present
at the hearing, to be represented by counsel at the hearing and the
procedure for obtaining appointed counsel, and to present evidence
regarding the proper disposition of the case. The notice shall also
state that if the parent or parents or legal guardian or guardians
fail to appear, the court may proceed without them.

(e) Service of the notice shall be by personal service, by
first-class mail, or by certified mail, return receipt requested,
addressed to the last known address of the person to be noticed.

(f) If the social worker or the probation officer knows or has
reason to know that an Indian child is involved, notice shall be
given in accordance with Section 224.2.

(g) This section shall become operative on January 1, 2019.

SEC. 9.  

Section 293 of the Welfare and Institutions Code is
amended to read:

293.  

The social worker or probation officer shall give notice
of the review hearings held pursuant to Section 366.21, 366.22,
or 366.25 in the following manner:

(a) Notice of the hearing shall be given to the following persons:

(1) The mother.

(2) The presumed father or any father receiving services.

(3) The legal guardian or guardians.

(4) The child, if the child is 10 years of age or older.

(5) Any known sibling of the child who is the subject of the
hearing if that sibling either is the subject of a dependency
proceeding or has been adjudged to be a dependent child of the
juvenile court. If the sibling is 10 years of age or older, the sibling,
the sibling’s caregiver, and the sibling’s attorney. If the sibling is
under 10 years of age, the sibling’s caregiver and the sibling’s
attorney. However, notice is not required to be given to any sibling
whose matter is calendared in the same court on the same day.

(6) In the case of a child removed from the physical custody of
his or her parent or legal guardian, the current caregiver of the
child, including the foster parents, relative caregivers, preadoptive
parents, nonrelative extended family members, community care
facility, or foster family agency having custody of the child. In a
case in which a foster family agency is notified of the hearing
pursuant to this section, and the child resides in a foster home
certified by the foster family agency, the foster family agency shall
provide timely notice of the hearing to the child’s caregivers.

(7) Each attorney of record if that attorney was not present at
the time that the hearing was set by the court.

(b) No notice is required for a parent whose parental rights have
been terminated. On and after January 1, 2012, in the case of a
nonminor dependent, as described in subdivision (v) of Section
11400, no notice is required for a parent.

(c) The notice of hearing shall be served not earlier than 30
days, nor later than 15 days, before the hearing.

(d) The notice shall contain a statement regarding the nature of
the hearing to be held and any change in the custody or status of
the child being recommended by the supervising agency. If the
notice is to the child, parent or parents, or legal guardian or
guardians, the notice shall also advise them of the right to be
present, the right to be represented by counsel, the right to request
counsel, and the right to present evidence. The notice shall also
state that if the parent or parents or legal guardian or guardians
fail to appear, the court may proceed without them.

(e) Service of the notice shall be by first-class mail addressed
to the last known address of the person to be noticed or by personal
service on the person. Service of a copy of the notice shall be by
personal service or by certified mail, return receipt requested, or
any other form of notice that is equivalent to service by first-class
mail. Except as provided in subdivisions (g), (h), and (i), notice
may be served by electronic mail in lieu of notice by first-class
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 Judicial Council
Form EFS-005.

(f) Notice to the current caregiver of the child, including a foster
parent, a relative caregiver, a preadoptive parent, or a nonrelative
extended family member, or to a certified foster parent who has
been approved for adoption, or the State Department of Social
Services when it is acting as an adoption agency or by a county
adoption agency, shall indicate that the person notified may attend
all hearings or may submit any information he or she deems
relevant to the court in writing.

(g) If the social worker or probation officer knows or has reason
to know that an Indian child is involved, notice shall be given in
accordance with Section 224.2.

(h) Except as provided in subdivision (i), if notice is required
to be provided to a child pursuant to paragraph (4) or (5) of
subdivision (a), written notice may be served on the child by
electronic mail only if all of the following requirements are
satisfied:

(1) The county, or city and county, and the court choose to
permit service by electronic mail.

(2) The child is 16 years of age or older.

(3) The child has consented to service by electronic mail by
signing Judicial Council Form EFS-005.

(4) The attorney for the child has consented to service of the
minor by electronic mail by signing Judicial Council Form
EFS-005.

(i) If notice is required to be provided to a child pursuant to
paragraph (4) or (5) of subdivision (a), written notice may be served
on the child by electronic mail as well as by regular mail if all of
the following requirements are satisfied:

(1) The county, or city and county, and the court choose to
permit service by electronic mail.

(2) The child is 14 or 15 years of age.

(3) The child has consented to service by electronic mail by
signing Judicial Council Form EFS-005.

(4) The attorney for the child has consented to service of the
minor by electronic mail by signing Judicial Council Form
EFS-005.

(j) This section shall remain in effect only until January 1, 2019,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2019, deletes or extends that date.

SEC. 10.  

Section 293 is added to the Welfare and Institutions
Code, to read:

293.  

The social worker or probation officer shall give notice
of the review hearings held pursuant to Section 366.21, 366.22,
or 366.25 in the following manner:

(a) Notice of the hearing shall be given to the following persons:

(1) The mother.

(2) The presumed father or any father receiving services.

(3) The legal guardian or guardians.

(4) The child, if the child is 10 years of age or older.

(5) Any known sibling of the child who is the subject of the
hearing if that sibling either is the subject of a dependency
proceeding or has been adjudged to be a dependent child of the
juvenile court. If the sibling is 10 years of age or older, the sibling,
the sibling’s caregiver, and the sibling’s attorney. If the sibling is
under 10 years of age, the sibling’s caregiver and the sibling’s
attorney. However, notice is not required to be given to any sibling
whose matter is calendared in the same court on the same day.

(6) In the case of a child removed from the physical custody of
his or her parent or legal guardian, the current caregiver of the
child, including the foster parents, relative caregivers, preadoptive
parents, nonrelative extended family members, community care
facility, or foster family agency having custody of the child. In a
case in which a foster family agency is notified of the hearing
pursuant to this section, and the child resides in a foster home
certified by the foster family agency, the foster family agency shall
provide timely notice of the hearing to the child’s caregivers.

(7) Each attorney of record if that attorney was not present at
the time that the hearing was set by the court.

(b) No notice is required for a parent whose parental rights have
been terminated. On and after January 1, 2012, in the case of a
nonminor dependent, as described in subdivision (v) of Section
11400, no notice is required for a parent.

(c) The notice of hearing shall be served not earlier than 30
days, nor later than 15 days, before the hearing.

(d) The notice shall contain a statement regarding the nature of
the hearing to be held and any change in the custody or status of
the child being recommended by the supervising agency. If the
notice is to the child, parent or parents, or legal guardian or
guardians, the notice shall also advise them of the right to be
present, the right to be represented by counsel, the right to request
counsel, and the right to present evidence. The notice shall also
state that if the parent or parents or legal guardian or guardians
fail to appear, the court may proceed without them.

(e) Service of the notice shall be by first-class mail addressed
to the last known address of the person to be noticed or by personal
service on the person. Service of a copy of the notice shall be by
personal service or by certified mail, return receipt requested, or
any other form of notice that is equivalent to service by first-class
mail.

(f) Notice to the current caregiver of the child, including a foster
parent, a relative caregiver, a preadoptive parent, or a nonrelative
extended family member, or to a certified foster parent who has
been approved for adoption, or the State Department of Social
Services when it is acting as an adoption agency or by a county
adoption agency, shall indicate that the person notified may attend
all hearings or may submit any information he or she deems
relevant to the court in writing.

(g) If the social worker or probation officer knows or has reason
to know that an Indian child is involved, notice shall be given in
accordance with Section 224.2.

(h) This section shall become operative on January 1, 2019.

SEC. 11.  

Section 294 of the Welfare and Institutions Code is
amended to read:

294.  

The social worker or probation officer shall give notice
of a selection and implementation hearing held pursuant to Section
366.26 in the following manner:

(a) Notice of the hearing shall be given to the following persons:

(1) The mother.

(2) The fathers, presumed and alleged.

(3) The child, if the child is 10 years of age or older.

(4) Any known sibling of the child who is the subject of the
hearing if that sibling either is the subject of a dependency
proceeding or has been adjudged to be a dependent child of the
juvenile court. If the sibling is 10 years of age or older, the sibling,
the sibling’s caregiver, and the sibling’s attorney. If the sibling is
under 10 years of age, the sibling’s caregiver and the sibling’s
attorney. However, notice is not required to be given to any sibling
whose matter is calendared in the same court on the same day.

(5) The grandparents of the child, if their address is known and
if the parent’s whereabouts are unknown.

(6) All counsel of record.

(7) To any unknown parent by publication, if ordered by the
court pursuant to paragraph (2) of subdivision (g).

(8) The current caregiver of the child, including foster parents,
relative caregivers, preadoptive parents, and nonrelative extended
family members. Any person notified may attend all hearings and
may submit any information he or she deems relevant to the court
in writing.

(b) The following persons shall not be notified of the hearing:

(1) A parent who has relinquished the child to the State
Department of Social Services, county adoption agency, or licensed
adoption agency for adoption, and the relinquishment has been
accepted and filed with notice as required under Section 8700 of
the Family Code.

(2) An alleged father who has denied paternity and has executed
a waiver of the right to notice of further proceedings.

(3) A parent whose parental rights have been terminated.

(c) (1) Service of the notice shall be completed at least 45 days
before the hearing date. Service is deemed complete at the time
the notice is personally delivered to the person named in the notice
or 10 days after the notice has been placed in the mail or sent by
electronic mail, or at the expiration of the time prescribed by the
order for publication.

(2) Service of notice in cases where publication is ordered shall
be completed at least 30 days before the date of the hearing.

(d) Regardless of the type of notice required, or the manner in
which it is served, once the court has made the initial finding that
notice has properly been given to the parent, or to any person
entitled to receive notice pursuant to this section, subsequent notice
for any continuation of a Section 366.26 hearing may be by
first-class mail to any last known address, by an order made
pursuant to Section 296, except as provided in paragraphs (2) and
(3) of subdivision (h) and subdivision (i), 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 Judicial Council Form
EFS-005, or by any other means that the court determines is
reasonably calculated, under any circumstance, to provide notice
of the continued hearing. However, if the recommendation changes
from the recommendation contained in the notice previously found
to be proper, notice shall be provided to the parent, and to any
person entitled to receive notice pursuant to this section, regarding
that subsequent hearing.

(e) The notice shall contain the following information:

(1) The date, time, and place of the hearing.

(2) The right to appear.

(3) The parents’ right to counsel.

(4) The nature of the proceedings.

(5) The recommendation of the supervising agency.

(6) A statement that, at the time of hearing, the court is required
to select a permanent plan of adoption, legal guardianship, or
long-term foster care for the child.

(f) Notice to the parents may be given in any one of the
following manners:

(1) If the parent is present at the hearing at which the court
schedules a hearing pursuant to Section 366.26, the court shall
advise the parent of the date, time, and place of the proceedings,
their right to counsel, the nature of the proceedings, and the
requirement that at the proceedings the court shall select and
implement a plan of adoption, legal guardianship, or long-term
foster care for the child. The court shall direct the parent to appear
for the proceedings and then direct that the parent be notified
thereafter by first-class mail to the parent’s usual place of residence
or business only. In lieu of notice by first-class mail, notice may
be served 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
Judicial Council Form EFS-005.

(2) Certified mail, return receipt requested, to the parent’s last
known mailing address. This notice shall be sufficient if the child
welfare agency receives a return receipt signed by the parent.

(3) Personal service to the parent named in the notice.

(4) Delivery to a competent person who is at least 18 years of
age at the parent’s usual place of residence or business, and
thereafter mailed to the parent named in the notice by first-class
mail at the place where the notice was delivered.

(5) If the residence of the parent is outside the state, service
may be made as described in paragraph (1), (3), or (4) or by
certified mail, return receipt requested.

(6) If the recommendation of the probation officer or social
worker is legal guardianship or long-term foster care, or, in the
case of an Indian child, tribal customary adoption, service may be
made by first-class mail to the parent’s usual place of residence
or business. In lieu of notice by first-class mail, notice may be
served 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
Judicial Council Form EFS-005.

(7) If a parent’s identity is known but his or her whereabouts
are unknown and the parent cannot, with reasonable diligence, be
served in any manner specified in paragraphs (1) to (6), inclusive,
the petitioner shall file an affidavit with the court at least 75 days
before the hearing date, stating the name of the parent and
describing the efforts made to locate and serve the parent.

(A) If the court determines that there has been due diligence in
attempting to locate and serve the parent and the probation officer
or social worker recommends adoption, service shall be to that
parent’s attorney of record, if any, by certified mail, return receipt
requested. If the parent does not have an attorney of record, the
court shall order that service be made by publication of citation
requiring the parent to appear at the date, time, and place stated in
the citation, and that the citation be published in a newspaper
designated as most likely to give notice to the parent. Publication
shall be made once a week for four consecutive weeks. Whether
notice is to the attorney of record or by publication, the court shall
also order that notice be given to the grandparents of the child, if
their identities and addresses are known, by first-class mail.

(B) If the court determines that there has been due diligence in
attempting to locate and serve the parent and the probation officer
or social worker recommends legal guardianship or long-term
foster care, no further notice is required to the parent, but the court
shall order that notice be given to the grandparents of the child, if
their identities and addresses are known, by first-class mail.

(C) In any case where the residence of the parent becomes
known, notice shall immediately be served upon the parent as
provided for in either paragraph (2), (3), (4), (5), or (6).

(g) (1) If the identity of one or both of the parents, or alleged
parents, of the child is unknown, or if the name of one or both
parents is uncertain, then that fact shall be set forth in the affidavit
filed with the court at least 75 days before the hearing date and
the court, consistent with the provisions of Sections 7665 and 7666
of the Family Code, shall issue an order dispensing with notice to
a natural parent or possible natural parent under this section if,
after inquiry and a determination that there has been due diligence
in attempting to identify the unknown parent, the court is unable
to identify the natural parent or possible natural parent and no
person has appeared claiming to be the natural parent.

(2) After a determination that there has been due diligence in
attempting to identify an unknown parent pursuant to paragraph
(1) and the probation officer or social worker recommends
adoption, the court shall consider whether publication notice would
be likely to lead to actual notice to the unknown parent. The court
may order publication notice if, on the basis of all information
before the court, the court determines that notice by publication
is likely to lead to actual notice to the parent. If publication notice
to an unknown parent is ordered, the court shall order the published
citation to be directed to either the father or mother, or both, of
the child, and to all persons claiming to be the father or mother of
the child, naming and otherwise describing the child. An order of
publication pursuant to this paragraph shall be based on an affidavit
describing efforts made to identify the unknown parent or parents.
Service made by publication pursuant to this paragraph shall
require the unknown parent or parents to appear at the date, time,
and place stated in the citation. Publication shall be made once a
week for four consecutive weeks.

(3) If the court determines that there has been due diligence in
attempting to identify one or both of the parents, or alleged parents,
of the child and the probation officer or social worker recommends
legal guardianship or long-term foster care, no further notice to
the parent shall be required.

(h) (1) Notice to all counsel of record shall be by first-class
mail, or 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
Judicial Council Form EFS-005.

(2) Except as provided in paragraph (3), if notice is required to
be provided to a child, written notice may be served on the child
by electronic mail only if all of the following requirements are
satisfied:

(A) The county, or city and county, and the court choose to
permit service by electronic mail.

(B) The child is 16 years of age or older.

(C) The child has consented to service by electronic mail by
signing Judicial Council Form EFS-005.

(D) The attorney for the child has consented to service of the
minor by electronic mail by signing Judicial Council Form
EFS-005.

(3) If notice is required to be provided to a child, written notice
may be served on the child by electronic mail as well as by regular
mail if all of the following requirements are satisfied:

(A) The county, or city and county, and the court choose to
permit service by electronic mail.

(B) The child is 14 or 15 years of age.

(C) The child has consented to service by electronic mail by
signing Judicial Council Form EFS-005.

(D) The attorney for the child has consented to service of the
minor by electronic mail by signing Judicial Council Form
EFS-005.

(i) If the court knows or has reason to know that an Indian child
is involved, notice shall be given in accordance with Section 224.2.

(j) Notwithstanding subdivision (a), if the attorney of record is
present at the time the court schedules a hearing pursuant to Section
366.26, no further notice is required, except as required by
subparagraph (A) of paragraph (7) of subdivision (f).

(k) This section shall also apply to children adjudged wards
pursuant to Section 727.31.

(l) The court shall state the reasons on the record explaining
why good cause exists for granting any continuance of a hearing
held pursuant to Section 366.26 to fulfill the requirements of this
section.

(m) Notwithstanding any choice by a county, or city and county,
and the court to permit service of written notice of court
proceedings by electronic mail, or consent by any person to service
of written notice by electronic mail by signing Judicial Council
Form EFS-005, notice of any hearing at which the county welfare
department is recommending the termination of parental rights
may only be served by electronic mail if supplemental and in
addition to the other forms of notice provided for in this section.

(n) This section shall remain in effect only until January 1, 2019,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2019, deletes or extends that date.

SEC. 12.  

Section 294 is added to the Welfare and Institutions
Code, to read:

294.  

The social worker or probation officer shall give notice
of a selection and implementation hearing held pursuant to Section
366.26 in the following manner:

(a) Notice of the hearing shall be given to the following persons:

(1) The mother.

(2) The fathers, presumed and alleged.

(3) The child, if the child is 10 years of age or older.

(4) Any known sibling of the child who is the subject of the
hearing if that sibling either is the subject of a dependency
proceeding or has been adjudged to be a dependent child of the
juvenile court. If the sibling is 10 years of age or older, the sibling,
the sibling’s caregiver, and the sibling’s attorney. If the sibling is
under 10 years of age, the sibling’s caregiver and the sibling’s
attorney. However, notice is not required to be given to any sibling
whose matter is calendared in the same court on the same day.

(5) The grandparents of the child, if their address is known and
if the parent’s whereabouts are unknown.

(6) All counsel of record.

(7) To any unknown parent by publication, if ordered by the
court pursuant to paragraph (2) of subdivision (g).

(8) The current caregiver of the child, including foster parents,
relative caregivers, preadoptive parents, and nonrelative extended
family members. Any person notified may attend all hearings and
may submit any information he or she deems relevant to the court
in writing.

(b) The following persons shall not be notified of the hearing:

(1) A parent who has relinquished the child to the State
Department of Social Services, county adoption agency, or licensed
adoption agency for adoption, and the relinquishment has been
accepted and filed with notice as required under Section 8700 of
the Family Code.

(2) An alleged father who has denied paternity and has executed
a waiver of the right to notice of further proceedings.

(3) A parent whose parental rights have been terminated.

(c) (1) Service of the notice shall be completed at least 45 days
before the hearing date. Service is deemed complete at the time
the notice is personally delivered to the person named in the notice
or 10 days after the notice has been placed in the mail, or at the
expiration of the time prescribed by the order for publication.

(2) Service of notice in cases where publication is ordered shall
be completed at least 30 days before the date of the hearing.

(d) Regardless of the type of notice required, or the manner in
which it is served, once the court has made the initial finding that
notice has properly been given to the parent, or to any person
entitled to receive notice pursuant to this section, subsequent notice
for any continuation of a Section 366.26 hearing may be by
first-class mail to any last known address, by an order made
pursuant to Section 296, or by any other means that the court
determines is reasonably calculated, under any circumstance, to
provide notice of the continued hearing. However, if the
recommendation changes from the recommendation contained in
the notice previously found to be proper, notice shall be provided
to the parent, and to any person entitled to receive notice pursuant
to this section, regarding that subsequent hearing.

(e) The notice shall contain the following information:

(1) The date, time, and place of the hearing.

(2) The right to appear.

(3) The parents’ right to counsel.

(4) The nature of the proceedings.

(5) The recommendation of the supervising agency.

(6) A statement that, at the time of hearing, the court is required
to select a permanent plan of adoption, legal guardianship, or
long-term foster care for the child.

(f) Notice to the parents may be given in any one of the
following manners:

(1) If the parent is present at the hearing at which the court
schedules a hearing pursuant to Section 366.26, the court shall
advise the parent of the date, time, and place of the proceedings,
their right to counsel, the nature of the proceedings, and the
requirement that at the proceedings the court shall select and
implement a plan of adoption, legal guardianship, or long-term
foster care for the child. The court shall direct the parent to appear
for the proceedings and then direct that the parent be notified
thereafter by first-class mail to the parent’s usual place of residence
or business only.

(2) Certified mail, return receipt requested, to the parent’s last
known mailing address. This notice shall be sufficient if the child
welfare agency receives a return receipt signed by the parent.

(3) Personal service to the parent named in the notice.

(4) Delivery to a competent person who is at least 18 years of
age at the parent’s usual place of residence or business, and
thereafter mailed to the parent named in the notice by first-class
mail at the place where the notice was delivered.

(5) If the residence of the parent is outside the state, service
may be made as described in paragraph (1), (3), or (4) or by
certified mail, return receipt requested.

(6) If the recommendation of the probation officer or social
worker is legal guardianship or long-term foster care, or, in the
case of an Indian child, tribal customary adoption, service may be
made by first-class mail to the parent’s usual place of residence
or business.

(7) If a parent’s identity is known but his or her whereabouts
are unknown and the parent cannot, with reasonable diligence, be
served in any manner specified in paragraphs (1) to (6), inclusive,
the petitioner shall file an affidavit with the court at least 75 days
before the hearing date, stating the name of the parent and
describing the efforts made to locate and serve the parent.

(A) If the court determines that there has been due diligence in
attempting to locate and serve the parent and the probation officer
or social worker recommends adoption, service shall be to that
parent’s attorney of record, if any, by certified mail, return receipt
requested. If the parent does not have an attorney of record, the
court shall order that service be made by publication of citation
requiring the parent to appear at the date, time, and place stated in
the citation, and that the citation be published in a newspaper
designated as most likely to give notice to the parent. Publication
shall be made once a week for four consecutive weeks. Whether
notice is to the attorney of record or by publication, the court shall
also order that notice be given to the grandparents of the child, if
their identities and addresses are known, by first-class mail.

(B) If the court determines that there has been due diligence in
attempting to locate and serve the parent and the probation officer
or social worker recommends legal guardianship or long-term
foster care, no further notice is required to the parent, but the court
shall order that notice be given to the grandparents of the child, if
their identities and addresses are known, by first-class mail.

(C) In any case where the residence of the parent becomes
known, notice shall immediately be served upon the parent as
provided for in either paragraph (2), (3), (4), (5), or (6).

(g) (1) If the identity of one or both of the parents, or alleged
parents, of the child is unknown, or if the name of one or both
parents is uncertain, then that fact shall be set forth in the affidavit
filed with the court at least 75 days before the hearing date and
the court, consistent with the provisions of Sections 7665 and 7666
of the Family Code, shall issue an order dispensing with notice to
a natural parent or possible natural parent under this section if,
after inquiry and a determination that there has been due diligence
in attempting to identify the unknown parent, the court is unable
to identify the natural parent or possible natural parent and no
person has appeared claiming to be the natural parent.

(2) After a determination that there has been due diligence in
attempting to identify an unknown parent pursuant to paragraph
(1) and the probation officer or social worker recommends
adoption, the court shall consider whether publication notice would
be likely to lead to actual notice to the unknown parent. The court
may order publication notice if, on the basis of all information
before the court, the court determines that notice by publication
is likely to lead to actual notice to the parent. If publication notice
to an unknown parent is ordered, the court shall order the published
citation to be directed to either the father or mother, or both, of
the child, and to all persons claiming to be the father or mother of
the child, naming and otherwise describing the child. An order of
publication pursuant to this paragraph shall be based on an affidavit
describing efforts made to identify the unknown parent or parents.
Service made by publication pursuant to this paragraph shall
require the unknown parent or parents to appear at the date, time,
and place stated in the citation. Publication shall be made once a
week for four consecutive weeks.

(3) If the court determines that there has been due diligence in
attempting to identify one or both of the parents, or alleged parents,
of the child and the probation officer or social worker recommends
legal guardianship or long-term foster care, no further notice to
the parent shall be required.

(h) Notice to the child and all counsel of record shall be by
first-class mail.

(i) If the court knows or has reason to know that an Indian child
is involved, notice shall be given in accordance with Section 224.2.

(j) Notwithstanding subdivision (a), if the attorney of record is
present at the time the court schedules a hearing pursuant to Section
366.26, no further notice is required, except as required by
subparagraph (A) of paragraph (7) of subdivision (f).

(k) This section shall also apply to children adjudged wards
pursuant to Section 727.31.

(l) The court shall state the reasons on the record explaining
why good cause exists for granting any continuance of a hearing
held pursuant to Section 366.26 to fulfill the requirements of this
section.

(m) This section shall become operative on January 1, 2019.

SEC. 13.  

Section 295 of the Welfare and Institutions Code is
amended to read:

295.  

The social worker or probation officer shall give notice
of review hearings held pursuant to Sections 366.3 and 366.31 and
for termination of jurisdiction hearings held pursuant to Section
391 in the following manner:

(a) Notice of the hearing shall be given to the following persons:

(1) The mother.

(2) The presumed father.

(3) The legal guardian or guardians.

(4) The child, if the child is 10 years of age or older, or a
nonminor dependent.

(5) Any known sibling of the child or nonminor dependent who
is the subject of the hearing if that sibling either is the subject of
a dependency proceeding or has been adjudged to be a dependent
child of the juvenile court. If the sibling is 10 years of age or older,
the sibling, the sibling’s caregiver, and the sibling’s attorney. If
the sibling is under 10 years of age, the sibling’s caregiver and the
sibling’s attorney. However, notice is not required to be given to
any sibling whose matter is calendared in the same court on the
same day.

(6) The current caregiver of the child, including the foster
parents, relative caregivers, preadoptive parents, nonrelative
extended family members, community care facility, or foster family
agency having physical custody of the child if a child is removed
from the physical custody of the parents or legal guardian. The
person notified may attend all hearings and may submit any
information he or she deems relevant to the court in writing.

(7) The current caregiver of a nonminor dependent, as described
in subdivision (v) of Section 11400. The person notified may attend
all hearings and may submit for filing an original and eight copies
of written information he or she deems relevant to the court. The
court clerk shall provide the current parties and attorneys of record
with a copy of the written information immediately upon receipt
and complete, file, and distribute a proof of service.

(8) The attorney of record if that attorney of record was not
present at the time that the hearing was set by the court.

(9) The alleged father or fathers, but only if the recommendation
is to set a new hearing pursuant to Section 366.26.

(b) No notice shall be required for a parent whose parental rights
have been terminated or for the parent of a nonminor dependent,
as described in subdivision (v) of Section 11400, unless the parent
is receiving court-ordered family reunification services pursuant
to Section 361.6.

(c) The notice of the review hearing shall be served no earlier
than 30 days, nor later than 15 days, before the hearing.

(d) The notice of the review hearing shall contain a statement
regarding the nature of the hearing to be held, any recommended
change in the custody or status of the child, and any
recommendation that the court set a new hearing pursuant to
Section 366.26 in order to select a more permanent plan.

(e) Service of notice shall be by first-class mail addressed to
the last known address of the person to be provided notice. Except
as provided in subdivisions (g), (h), and (i), notice may be served
by electronic mail in lieu of notice by first-class 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 Judicial Council Form EFS-005. In
the case of an Indian child, notice shall be by registered mail, return
receipt requested.

(f) If the child is ordered into a permanent plan of legal
guardianship, and subsequently a petition to terminate or modify
the guardianship is filed, the probation officer or social worker
shall serve notice of the petition not less than 15 court days prior
to the hearing on all persons listed in subdivision (a) and on the
court that established legal guardianship if it is in another county.

(g) If the social worker or probation officer knows or has reason
to know that an Indian child is involved, notice shall be given in
accordance with Section 224.2.

(h) Except as provided in subdivision (i), if notice is required
to be provided to a child pursuant to paragraph (4) or (5) of
subdivision (a), written notice may be served on the child by
electronic mail only if all of the following requirements are
satisfied:

(1) The county, or city and county, and the court choose to
permit service by electronic mail.

(2) The child is 16 years of age or older.

(3) The child has consented to service by electronic mail by
signing Judicial Council Form EFS-005.

(4) The attorney for the child has consented to service of the
minor by electronic mail by signing Judicial Council Form
EFS-005.

(i) If notice is required to be provided to a child pursuant to
paragraph (4) or (5) of subdivision (a), written notice may be served
on the child by electronic mail as well as by regular mail if all of
the following requirements are satisfied:

(1) The county, or city and county, and the court choose to
permit service by electronic mail.

(2) The child is 14 or 15 years of age.

(3) The child has consented to service by electronic mail by
signing Judicial Council Form EFS-005.

(4) The attorney for the child has consented to service of the
minor by electronic mail by signing Judicial Council Form
EFS-005.

(j) This section shall remain in effect only until January 1, 2019,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2019, deletes or extends that date.

SEC. 14.  

Section 295 is added to the Welfare and Institutions
Code, to read:

295.  

The social worker or probation officer shall give notice
of review hearings held pursuant to Sections 366.3 and 366.31 and
for termination of jurisdiction hearings held pursuant to Section
391 in the following manner:

(a) Notice of the hearing shall be given to the following persons:

(1) The mother.

(2) The presumed father.

(3) The legal guardian or guardians.

(4) The child, if the child is 10 years of age or older, or a
nonminor dependent.

(5) Any known sibling of the child or nonminor dependent who
is the subject of the hearing if that sibling either is the subject of
a dependency proceeding or has been adjudged to be a dependent
child of the juvenile court. If the sibling is 10 years of age or older,
the sibling, the sibling’s caregiver, and the sibling’s attorney. If
the sibling is under 10 years of age, the sibling’s caregiver and the
sibling’s attorney. However, notice is not required to be given to
any sibling whose matter is calendared in the same court on the
same day.

(6) The current caregiver of the child, including the foster
parents, relative caregivers, preadoptive parents, nonrelative
extended family members, community care facility, or foster family
agency having physical custody of the child if a child is removed
from the physical custody of the parents or legal guardian. The
person notified may attend all hearings and may submit any
information he or she deems relevant to the court in writing.

(7) The current caregiver of a nonminor dependent, as described
in subdivision (v) of Section 11400. The person notified may attend
all hearings and may submit for filing an original and eight copies
of written information he or she deems relevant to the court. The
court clerk shall provide the current parties and attorneys of record
with a copy of the written information immediately upon receipt
and complete, file, and distribute a proof of service.

(8) The attorney of record if that attorney of record was not
present at the time that the hearing was set by the court.

(9) The alleged father or fathers, but only if the recommendation
is to set a new hearing pursuant to Section 366.26.

(b) No notice shall be required for a parent whose parental rights
have been terminated or for the parent of a nonminor dependent,
as described in subdivision (v) of Section 11400, unless the parent
is receiving court-ordered family reunification services pursuant
to Section 361.6.

(c) The notice of the review hearing shall be served no earlier
than 30 days, nor later than 15 days, before the hearing.

(d) The notice of the review hearing shall contain a statement
regarding the nature of the hearing to be held, any recommended
change in the custody or status of the child, and any
recommendation that the court set a new hearing pursuant to
Section 366.26 in order to select a more permanent plan.

(e) Service of notice shall be by first-class mail addressed to
the last known address of the person to be provided notice. In the
case of an Indian child, notice shall be by registered mail, return
receipt requested.

(f) If the child is ordered into a permanent plan of legal
guardianship, and subsequently a petition to terminate or modify
the guardianship is filed, the probation officer or social worker
shall serve notice of the petition not less than 15 court days prior
to the hearing on all persons listed in subdivision (a) and on the
court that established legal guardianship if it is in another county.

(g) If the social worker or probation officer knows or has reason
to know that an Indian child is involved, notice shall be given in
accordance with Section 224.2.

(h) This section shall become operative on January 1, 2019.

SEC. 15.  

Section 316.1 of the Welfare and Institutions Code
is amended to read:

316.1.  

(a) (1) Upon his or her appearance before the court,
each parent or guardian shall designate for the court his or her
permanent mailing address. The court shall advise each parent or
guardian that the designated mailing address will be used by the
court and the social services agency for notice purposes unless and
until the parent or guardian notifies the court or the social services
agency of a new mailing address in writing.

(2) Except as provided in subdivisions (b) and (c), in addition
to providing his or her permanent mailing address, the court may,
if the county, or city and county, and the court choose to permit
service by electronic mail, permit any party who is entitled to
notice of court proceedings, upon his or her consent to service by
electronic mail by signing Judicial Council Form EFS-005, to
voluntarily provide the court with a designated electronic mail
address for the purpose of receiving notice by electronic mail.
Upon his or her appearance before the court, each party who
consents to service by electronic mail shall designate for the court
his or her electronic mail address. The court shall advise each party
that the electronic mail address will be used by the court and the
social services agency for purposes of providing notice pursuant
to Sections 290.1, 290.2, 291, 292, 293, 294, and 295, unless and
until the party notifies the court or the social services agency of a
new electronic mail address in writing.

(b) Except as provided in subdivision (c), the court may permit
a child who appears before the court and who is entitled to notice
of court proceedings to voluntarily provide the court with a
designated electronic mail address for the purpose of receiving
notice by electronic mail only under the following circumstances:

(1) If the child is 16 years of age or older, notice shall be served
by first-class mail, or if all of the following requirements are
satisfied, by electronic mail:

(A) The county, or city and county, and the court choose to
permit service by electronic mail.

(B) The child has consented to service by electronic mail by
signing Judicial Council Form EFS-005.

(C) The attorney for the child has consented to service of the
minor by electronic mail by signing Judicial Council Form
EFS-005.

(2) If the child is 14 or 15 years of age, written notice may be
served on the child by electronic mail as well as by regular mail
if all of the following requirements are satisfied:

(A) The county, or city and county, and the court choose to
permit service by electronic mail.

(B) The child has consented to service by electronic mail by
signing Judicial Council Form EFS-005.

(C) The attorney for the child has consented to service of the
minor by electronic mail by signing Judicial Council Form
EFS-005.

(c) Notice of court proceedings by electronic mail is not
permitted in any of the following circumstances:

(1) For notice of any hearing at which the county welfare
department is recommending termination of parental rights, in
which case notice may only be served by electronic mail if
supplemental and in addition to first-class mail.

(2) If the social worker or probation officer knows or has reason
to know that an Indian child is involved, in which case notice shall
be given in accordance with Section 224.2.

(3) If the person entitled to notice is a child under 14 years of
age.

(d) The Judicial Council may develop a form for the designation
of a permanent mailing address by parents and guardians for use
by the courts and social services agencies.

(e) This section shall remain in effect only until January 1, 2019,
and as of that date is repealed, unless a later enacted statute, that
is enacted before January 1, 2019, deletes or extends that date.

SEC. 16.  

Section 316.1 is added to the Welfare and Institutions
Code, to read:

316.1.  

(a) Upon his or her appearance before the court, each
parent or guardian shall designate for the court his or her permanent
mailing address. The court shall advise each parent or guardian
that the designated mailing address will be used by the court and
the social services agency for notice purposes unless and until the
parent or guardian notifies the court or the social services agency
of a new mailing address in writing.

(b) The Judicial Council may develop a form for the designation
of a permanent mailing address by parents and guardians for use
by the courts and social services agencies.

(c) This section shall become operative on January 1, 2019.