Cal. R. 5.710

As amended through September 20, 2024

Rule 5.710 - Six-month review hearing

(a) Determinations and conduct of hearing (§§ 364, 366, 366.1, 366.21)

At the hearing, the court and all parties must comply with all relevant requirements and procedures in rule 5.708, General review hearing requirements. The court must make all appropriate findings and orders specified in rule 5.708 and proceed under section 366.21(e)and (g), and as follows:

(1)Order return of the child or find that return would be detrimental

If the child is returned, the court may order the termination of dependency jurisdiction or order continued dependency services and set a review hearing within 6 months.

(2)Place with noncustodial parent

If the court has previously placed or at this hearing places the child with a noncustodial parent, the court must follow the procedures in rule 5.708(g) and section 361.2.

(3)Set a section 366.26 hearing

If the court does not return custody of the child to the parent or legal guardian, the court may set a hearing under section 366.26 within 120 days, as provided in (b).

(4)Continue the case for a 12-month permanency hearing

If the child is not returned and the court does not set a section 366.26 hearing, the court must order that any reunification services previously ordered will continue to be offered to the parent or legal guardian, if appropriate. The court may modify those services as appropriate or order additional services reasonably believed to facilitate the return of the child to the parent or legal guardian. The court must set a date for the next hearing no later than 12 months from the date the child entered foster care as defined in section 361.49.

Subd (a) amended effective January 1, 2018; repealed and adopted as subd (d); relettered as subd (e) effective January 1, 1992; previously amended effective January 1, 1999, July 1, 1999, January 1, 2001, July 1, 2002, January 1, 2004, January 1, 2005, and January 1, 2007; previously amended and relettered as subd (b) effective January 1, 2010, and as subd (a) effective January 1, 2017.

(b) Setting a section 366.26 hearing (§§ 366.21, 366.215)

(1) The court may set a hearing under section 366.26 within 120 days if any of the conditions in section 366.21(e) are met or the parent is deceased.

(2) At the hearing, the court and all parties must comply with all relevant requirements and procedures related to section 366.26 hearings in rule 5.708, General review hearing requirements. The court must make all appropriate findings and orders specified in rule 5.708.

Subd (b) amended and relettered effective January 1, 2017; repealed and adopted as subd (e); previously amended and relettered as subd (f) effective January 1, 1992; previously amended effective January 1, 1993, January 1, 1995, July 1, 1997, January 1, 1999, July 1, 1999, January 1, 2000, January 1, 2001, July 1, 2002, January 1, 2004, January 1, 2005, January 1, 2006, January 1, 2007, January 1, 2010, January 1, 2011, and January 1, 2014; previously amended and relettered subd (c) effective January 1, 2015.

Cal. R. Ct. 5.710

Rule 5.710 Amended effective 1/1/2018; Amended effective 1/1/2017; Adopted as rule 1460 effective 1/1/1990; previously amended and renumbered effective 1/1/2007; previously amended effective 1/1/1992, 1/1/1993, 1/1/1995, 7/1/1995, 7/1/1997, 1/1/1999, 7/1/1999, 1/1/2000, 1/1/2001, 7/1/2002, 1/1/2004, 1/1/2005, 1/1/2006, 1/1/2010, 1/1/2011, 1/1/2014, and 1/1/2015.