Welfare and Institutions Code

Part 24 of 35 · provisions 4,601–4,800

This section says the act is to be known as the Welfare and Institutions Code.

Jurisdiction: United States — California
Instrument: Code
Citation: WIC
Version: Undated source snapshot
Language: en
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The Department of the Youth Authority may establish, maintain, or help develop regional centers for counties’ alternative placement options. When a California law mentions “Whittier State School,” it must be read as referring to Fred C. Nelles School for Boys. This section defines “Youth Authority,” “authority,” “the authority,” and “board” for this chapter. This provision states the purpose of the division: to provide protection, care, and assistance to people in need, and to promote welfare through prompt, humane aid and services without discrimination. This section states the purposes of public social services funded by state grants-in-aid to counties.

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Provisions of Welfare and Institutions Code

Showing 200 of 6,925

314.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 7. Dependent Children—Temporary Custody and Detention [305 - 324.5] ( Article 7 added by Stats. 1976, Ch. 1068. )
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If a minor lies about being 18 or older and that delay stops a petition from being filed, the petition or complaint must be filed within 48 hours after the minor’s true age is determined, excluding nonjudicial days. If not, the minor must be released from custody immediately.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 7. Dependent Children—Temporary Custody and Detention [305 - 324.5] ( Article 7 added by Stats. 1976, Ch. 1068. ) ## 314. When a minor willfully misrepresents himself to be 18 or more years of age when taken into custody by a peace officer or probation officer, and this misrepresentation effects a material delay in investigation which prevents the filing of a petition pursuant to the provisions of this chapter, such petition or complaint shall be filed within 48 hours from the time his true age is determined, excluding nonjudicial days. If, in such cases, the petition is not filed within the time prescribed by this section, the minor shall be immediately released from custody. (Added by Stats. 1976, Ch. 1068.)
315.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 7. Dependent Children—Temporary Custody and Detention [305 - 324.5] ( Article 7 added by Stats. 1976, Ch. 1068. )
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If a child is taken into custody and not released, the juvenile court must hold a detention hearing as soon as possible, no later than the next judicial day after a dependency petition is filed.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 7. Dependent Children—Temporary Custody and Detention [305 - 324.5] ( Article 7 added by Stats. 1976, Ch. 1068. ) ## 315. If a child has been taken into custody under this article and not released to a parent or guardian, the juvenile court shall hold a hearing (which shall be referred to as a “detention hearing”) to determine whether the child shall be further detained. This hearing shall be held as soon as possible, but not later than the expiration of the next judicial day after a petition to declare the child a dependent child has been filed. If the hearing is not held within the period prescribed by this section, the child shall be released from custody. In the case of an Indian child, the hearing pursuant to Section 319 shall be considered an emergency removal under subdivision (g) of Section 305.5 of this code and Section 1922 of the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.). (Amended by Stats. 2024, Ch. 656, Sec. 11. (AB 81) Effective September 27, 2024.)
316.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 7. Dependent Children—Temporary Custody and Detention [305 - 324.5] ( Article 7 added by Stats. 1976, Ch. 1068. )
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At a detention hearing, the parent or guardian and the minor if present must be told why the minor was taken into custody, what the juvenile court proceeding is about, and that they have the right to counsel at every stage.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 7. Dependent Children—Temporary Custody and Detention [305 - 324.5] ( Article 7 added by Stats. 1976, Ch. 1068. ) ## 316. Upon his or her appearance before the court at the detention hearing, each parent or guardian and the minor, if present, shall first be informed of the reasons why the minor was taken into custody, the nature of the juvenile court proceedings, and the right of each parent or guardian and any minor to be represented at every stage of the proceedings by counsel. (Repealed and added by Stats. 1987, Ch. 1485, Sec. 19.)
316.1.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 7. Dependent Children—Temporary Custody and Detention [305 - 324.5] ( Article 7 added by Stats. 1976, Ch. 1068. )
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Parents or guardians must give the court a permanent mailing address when they appear, and certain parties who consent to electronic service must give an electronic service address.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 7. Dependent Children—Temporary Custody and Detention [305 - 324.5] ( Article 7 added by Stats. 1976, Ch. 1068. ) ## 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) Upon his or her appearance before the court, each party who consents to electronic service pursuant to Section 212.5 shall designate for the court his or her electronic service address. The court shall advise each party that the electronic service address will be used by the court and the social services agency for purposes of providing notice pursuant to Sections 291, 292, 293, 294, 295, 297, and 342, unless and until the party notifies the court or the social services agency of a new electronic service address in writing or unless the party withdraws consent to electronic service. (c) A party’s decision not to consent to electronic service and designate an electronic service address, as authorized in subdivision (b), does not preclude the use of electronic means to send information regarding the date, time, and place of a juvenile court hearing, provided that the confidentiality requirement of paragraph (7) of subdivision (a) of Section 212.5 is met. The party does not need to designate an electronic service address in order for the information to be provided electronically. However, information shared, as described in this subdivision, shall only be in addition to, and not in lieu of, any required service or notification made in accordance with any other law governing how that service or notification is provided. (Amended by Stats. 2018, Ch. 910, Sec. 22. (AB 1930) Effective January 1, 2019.)
316.2.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 7. Dependent Children—Temporary Custody and Detention [305 - 324.5] ( Article 7 added by Stats. 1976, Ch. 1068. )
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The court must ask about the identity and address of all presumed or alleged fathers at the detention hearing, notify any alleged father by certified mail, and record its findings.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 7. Dependent Children—Temporary Custody and Detention [305 - 324.5] ( Article 7 added by Stats. 1976, Ch. 1068. ) ## 316.2. (a) At the detention hearing, or as soon thereafter as practicable, the court shall inquire of the mother and any other appropriate person as to the identity and address of all presumed or alleged fathers. The presence at the hearing of a man claiming to be the father shall not relieve the court of its duty of inquiry. The inquiry shall include at least all of the following, as the court deems appropriate: (1) Whether a judgment of paternity already exists. (2) Whether the mother was married or believed she was married at the time of conception of the child or at any time thereafter. (3) Whether the mother was cohabiting with a man at the time of conception or birth of the child. (4) Whether the mother has received support payments or promises of support with respect to the child or in connection with her pregnancy. (5) Whether any man has formally or informally acknowledged or declared his possible paternity of the child, including by signing a voluntary declaration of paternity. (6) Whether paternity tests have been administered and the results, if any. (7) Whether any man otherwise qualifies as a presumed father pursuant to Section 7611, or any other provision, of the Family Code. (b) If, after the court inquiry, one or more men are identified as an alleged father, each alleged father shall be provided notice at his last and usual place of abode by certified mail return receipt requested alleging that he is or could be the father of the child. The notice shall state that the child is the subject of proceedings under Section 300 and that the proceedings could result in the termination of parental rights and adoption of the child. Judicial Council form Paternity-Waiver of Rights (JV-505) shall be included with the notice. Nothing in this section shall preclude a court from terminating a father’s parental rights even if an action has been filed under Section 7630 or 7631 of the Family Code. (c) The court may determine that the failure of an alleged father to return the certified mail receipt is not good cause to continue a hearing pursuant to Section 355, 358, 360, 366.21, or 366.22. (d) If a man appears in the dependency action and files an action under Section 7630 or 7631 of the Family Code, the court shall determine if he is the father. (e) After a petition has been filed to declare a child a dependent of the court, and until the time that the petition is dismissed, dependency is terminated, or parental rights are terminated pursuant to Section 366.26 or proceedings are commenced under Part 4 (commencing with Section 7800) of Division 12 of the Family Code, the juvenile court which has jurisdiction of the dependency action shall have exclusive jurisdiction to hear an action filed under Section 7630 or 7631 of the Family Code. (f) After any inquiry, proceeding, or determination made pursuant to this section, the juvenile court shall note its findings in the minutes of the court. (Amended by Stats. 2000, Ch. 56, Sec. 1. Effective January 1, 2001.)
317.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 7. Dependent Children—Temporary Custody and Detention [305 - 324.5] ( Article 7 added by Stats. 1976, Ch. 1068. )
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This section requires courts to appoint or consider appointing counsel in several juvenile and Indian child custody situations, and sets duties for appointed counsel.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 7. Dependent Children—Temporary Custody and Detention [305 - 324.5] ( Article 7 added by Stats. 1976, Ch. 1068. ) ## 317. (a) (1) When it appears to the court that a parent or guardian of the child desires counsel but is presently financially unable to afford and cannot for that reason employ counsel, the court may appoint counsel as provided in this section. (2) When it appears to the court that a parent or Indian custodian in an Indian child custody proceeding desires counsel but is presently unable to afford and cannot for that reason employ counsel, the court shall appoint counsel for the parent or Indian custodian. (b) When it appears to the court that a parent or guardian of the child is presently financially unable to afford and cannot for that reason employ counsel, and the child has been placed in out-of-home care, or the petitioning agency is recommending that the child be placed in out-of-home care, the court shall appoint counsel for the parent or guardian, unless the court finds that the parent or guardian has made a knowing and intelligent waiver of counsel as provided in this section. (c) (1) If a child or nonminor dependent is not represented by counsel, the court shall appoint counsel for the child or nonminor dependent, unless the court finds that the child or nonminor dependent would not benefit from the appointment of counsel. The court shall state on the record its reasons for that finding. (2) A primary responsibility of counsel appointed to represent a child pursuant to this section shall be to advocate for the protection, safety, and physical and emotional well-being of the child. (3) Counsel may be a district attorney, public defender, or other member of the State Bar, provided that they do not represent another party or county agency whose interests conflict with the child’s or nonminor dependent’s interests. The fact that the district attorney represents the child or nonminor dependent in a proceeding pursuant to Section 300 as well as conducts a criminal investigation or files a criminal complaint or information arising from the same or reasonably related set of facts as the proceeding pursuant to Section 300 is not in and of itself a conflict of interest. (4) The court may fix the compensation for the services of appointed counsel. (5) (A) The appointed counsel shall have a caseload and training that ensures adequate representation of the child or nonminor dependent. The Judicial Council shall promulgate rules of court that establish caseload standards, training requirements, and guidelines for appointed counsel for children and shall adopt rules as required by Section 326.5 no later than July 1, 2001. (B) The training requirements imposed pursuant to subparagraph (A) shall include instruction on both of the following: (i) Cultural competency and sensitivity relating to, and best practices for, providing adequate care to lesbian, gay, bisexual, and transgender youth in out-of-home care. (ii) The information described in subdivision (d) of Section 16501.4. (d) Counsel shall represent the parent, guardian, child, or nonminor dependent at the detention hearing and at all subsequent proceedings before the juvenile court. Counsel shall continue to represent the parent, guardian, child, or nonminor dependent unless relieved by the court upon the substitution of other counsel or for cause. The representation shall include representing the parent, guardian, or the child in termination proceedings and in those proceedings relating to the institution or setting aside of a legal guardianship. On and after January 1, 2012, in the case of a nonminor dependent, as described in subdivision (v) of Section 11400, no representation by counsel shall be provided for a parent, unless the parent is receiving court-ordered family reunification services. (e) (1) Counsel shall be charged in general with the representation of the child’s interests. To that end, counsel shall make or cause to have made any further investigations that they deem in good faith to be reasonably necessary to ascertain the facts, including the interviewing of witnesses, and shall examine and cross-examine witnesses in both the adjudicatory and dispositional hearings. Counsel may also introduce and examine their own witnesses, make recommendations to the court concerning the child’s welfare, and participate further in the proceedings to the degree necessary to adequately represent the child. When counsel is appointed to represent a nonminor dependent, counsel is charged with representing the wishes of the nonminor dependent. If the court finds that a nonminor dependent is not competent to direct counsel, the court shall appoint a guardian ad litem for the nonminor dependent. (2) If the child is four years of age or older, counsel shall interview the child to determine the child’s wishes and assess the child’s well-being, and shall advise the court of the child’s wishes. Counsel shall not advocate for the return of the child if, to the best of their knowledge, return of the child conflicts with the protection and safety of the child. (3) Counsel shall investigate the interests of the child beyond the scope of the juvenile proceeding, and report to the court other interests of the child that may need to be protected by the institution of other administrative or judicial proceedings. Counsel representing a child in a dependency proceeding is not required to assume the responsibilities of a social worker, and is not expected to provide nonlegal services to the child. (4) (A) At least once every year, if the list of educational liaisons is available on the internet website for the State Department of Education, both of the following shall apply: (i) Counsel shall provide their contact information to the educational liaison, as described in subdivision (c) of Section 48853.5 of the Education Code, of each local educational agency serving counsel’s foster child clients in the county of jurisdiction. (ii) If counsel is part of a firm or organization representing foster children, the firm or organization may provide its contact information in lieu of contact information for the individual counsel. The firm or organization may designate a person or persons within the firm or organization to receive communications from educational liaisons. (B) The child’s caregiver or other person holding the right to make educational decisions for the child may provide the contact information of the child’s attorney to the child’s local educational agency. (C) Counsel for the child and counsel’s agent may, but are not required to, disclose to an individual who is being assessed for the possibility of placement pursuant to Section 361.3 the fact that the child is in custody, the alleged reasons that the child is in custody, and the projected likely date for the child’s return home, placement for adoption, or legal guardianship. Nothing in this paragraph shall be construed to prohibit counsel from making other disclosures pursuant to this subdivision, as appropriate. (5) Nothing in this subdivision shall be construed to permit counsel to violate a child’s attorney-client privilege. (6) The changes made to this subdivision during the 2011–12 Regular Session of the Legislature by the act adding subparagraph (C) of paragraph (4) and paragraph (5) are declaratory of existing law. (7) The court shall take whatever appropriate action is necessary to fully protect the interests of the child. (f) Either the child or counsel for the child, with the informed consent of the child if the child is found by the court to be of sufficient age and maturity to consent, which shall be presumed, subject to rebuttal by clear and convincing evidence, if the child is over 12 years of age, may invoke the psychotherapist-client privilege, physician-patient privilege, and clergyman-penitent privilege. If the child invokes the privilege, counsel may not waive it, but if counsel invokes the privilege, the child may waive it. Counsel shall be the holder of these privileges if the child is found by the court not to be of sufficient age and maturity to consent. For the sole purpose of fulfilling their obligation to provide legal representation of the child, counsel shall have access to all records with regard to the child maintained by a health care facility, as defined in Section 1545 of the Penal Code, health care providers, as defined in Section 6146 of the Business and Professions Code, a physician and surgeon or other health practitioner, as defined in former Section 11165.8 of the Penal Code, as that section read on January 1, 2000, or a childcare custodian, as defined in former Section 11165.7 of the Penal Code, as that section read on January 1, 2000. Notwithstanding any other law, counsel shall be given access to all records relevant to the case that are maintained by state or local public agencies. All information requested from a child protective agency regarding a child who is in protective custody, or from a child’s guardian ad litem, shall be provided to the child’s counsel within 30 days of the request. (g) In a county of the third class, if counsel is to be provided to a child at the county’s expense other than by counsel for the agency, the court shall first use the services of the public defender before appointing private counsel. Nothing in this subdivision shall be construed to require the appointment of the public defender in any case in which the public defender has a conflict of interest. In the interest of justice, a court may depart from that portion of the procedure requiring appointment of the public defender after making a finding of good cause and stating the reasons therefor on the record. (h) In a county of the third class, if counsel is to be appointed to provide legal counsel for a parent or guardian at the county’s expense, the court shall first use the services of the alternate public defender before appointing private counsel. Nothing in this subdivision shall be construed to require the appointment of the alternate public defender in any case in which the public defender has a conflict of interest. In the interest of justice, a court may depart from that portion of the procedure requiring appointment of the alternate public defender after making a finding of good cause and stating the reasons therefor on the record. (Amended by Stats. 2025, Ch. 146, Sec. 1. (AB 373) Effective January 1, 2026.)
317.5.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 7. Dependent Children—Temporary Custody and Detention [305 - 324.5] ( Article 7 added by Stats. 1976, Ch. 1068. )
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People represented by counsel in dependency proceedings are entitled to competent counsel, and each minor who is the subject of such a proceeding is treated as a party.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 7. Dependent Children—Temporary Custody and Detention [305 - 324.5] ( Article 7 added by Stats. 1976, Ch. 1068. ) ## 317.5. (a) All parties who are represented by counsel at dependency proceedings shall be entitled to competent counsel. (b) Each minor who is the subject of a dependency proceeding is a party to that proceeding. (Added by Stats. 1994, Ch. 1073, Sec. 1. Effective January 1, 1995.)
317.6.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 7. Dependent Children—Temporary Custody and Detention [305 - 324.5] ( Article 7 added by Stats. 1976, Ch. 1068. )
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The Judicial Council must adopt court rules on appointing competent counsel in dependency proceedings, and each superior court must adopt local dependency-procedure rules by the stated deadlines after consulting specified groups.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 7. Dependent Children—Temporary Custody and Detention [305 - 324.5] ( Article 7 added by Stats. 1976, Ch. 1068. ) ## 317.6. (a) On or before January 1, 1996, the Judicial Council shall, after consulting with representatives from the State Bar of California, county counsels, district attorneys, public defenders, county welfare directors, and children’s advocacy groups, adopt rules of court regarding the appointment of competent counsel in dependency proceedings, including, but not limited to, the following: (1) The screening and appointment of competent counsel. (2) Establishing minimum standards of experience and education necessary to qualify as competent counsel to represent a party in dependency proceedings. (3) Procedures for handling client complaints regarding attorney performance, including measures to inform clients of the complaint process. (4) Procedures for informing the court of any interests of the minor that may need to be protected in other proceedings. (b) On or before July 1, 1996, each superior court shall, after consulting with representatives from the State Bar of California and the local offices of the county counsel, district attorney, public defender, county welfare department, and children’s advocacy groups, adopt local rules of court regarding the conduct of dependency proceedings that address items such as procedures and timeframes for the presentation of contested issues and witness lists to eliminate unnecessary delays in dependency hearings. (Amended by Stats. 1995, Ch. 91, Sec. 183. Effective January 1, 1996.)
318.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 7. Dependent Children—Temporary Custody and Detention [305 - 324.5] ( Article 7 added by Stats. 1976, Ch. 1068. )
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A district attorney who represented a minor in one dependency-related matter cannot appear in a related juvenile court hearing, must keep related records confidential and separate, and cannot discuss the substance of that case with a different prosecutor in the linked Section 602 proceeding.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 7. Dependent Children—Temporary Custody and Detention [305 - 324.5] ( Article 7 added by Stats. 1976, Ch. 1068. ) ## 318. If a district attorney has represented a minor in a dependency proceeding, that district attorney shall not appear, on behalf of the people of the State of California, in any juvenile court hearing which is based upon a petition that alleges that the same minor is a person within the description of Section 602. Records kept by the district attorney in the course of representation of a minor described in Section 300 are confidential and shall be held separately, and shall not be inspected by members of the district attorney’s office not directly involved in the representation of that minor. A district attorney who represents or who has represented a minor in a proceeding brought pursuant to Section 300 shall not discuss the substance of that case with a district attorney representing the people pursuant to Section 681 in a proceeding brought pursuant to Section 602 in which that same minor is the subject of the petition. (Added by Stats. 1992, Ch. 1327, Sec. 1. Effective January 1, 1993.)
318.5.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 7. Dependent Children—Temporary Custody and Detention [305 - 324.5] ( Article 7 added by Stats. 1976, Ch. 1068. )
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In a juvenile court hearing, if the parent or guardian has counsel, the county counsel or district attorney must appear and participate if the juvenile court judge requests it, to represent the petitioner.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 7. Dependent Children—Temporary Custody and Detention [305 - 324.5] ( Article 7 added by Stats. 1976, Ch. 1068. ) ## 318.5. In a juvenile court hearing, where the parent or guardian is represented by counsel, the county counsel or district attorney shall, at the request of the juvenile court judge, appear and participate in the hearing to represent the petitioner. (Added by renumbering Section 318 (as added by Stats. 1986, Ch. 1122) by Stats. 1987, Ch. 56, Sec. 181.)
319.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 7. Dependent Children—Temporary Custody and Detention [305 - 324.5] ( Article 7 added by Stats. 1976, Ch. 1068. )
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At the initial juvenile court hearing, the court must review the social worker’s report, hear relevant evidence, and decide whether the child should be released, detained, or temporarily placed under specified conditions.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 7. Dependent Children—Temporary Custody and Detention [305 - 324.5] ( Article 7 added by Stats. 1976, Ch. 1068. ) ## 319. (a) At the initial petition hearing, the court shall review the report described in subdivision (b) and examine the child’s parents, guardians, Indian custodian, or other persons having relevant knowledge and hear the relevant evidence as the child, the child’s parents or guardians, the child’s Indian custodian, the petitioner, the Indian child’s tribe, or their counsel desires to present. The court may examine the child, as provided in Section 350. (b) The social worker shall report to the court on the reasons why the child has been removed from the parent’s, guardian’s, or Indian custodian’s physical custody, the need, if any, for continued detention, the available services and the referral methods to those services that could facilitate the return of the child to the custody of the child’s parents, guardians, or Indian custodian, and whether there are any relatives who are able and willing to take temporary physical custody of the child. The report shall also include information regarding any short-term or long-term harms, or both short-term and long-term harms, to the child that may result from their removal from the custody of their parent, guardian, or Indian custodian, including, but not limited to, the information specified in subparagraph (A) of paragraph (2) of subdivision (c), the placement options, including an assessment of the least disruptive alternatives to returning the child to the custody of their parent, guardian, or Indian custodian, including compliance with the placement preferences set forth in Section 361.31 in the case of an Indian child, and measures that may be available to alleviate disruption and minimize the harms of removal. If it is known or there is reason to know the child is an Indian child, the report shall also include all of the following: (1) A statement of the risk of imminent physical damage or harm to the Indian child and any evidence that the emergency removal or placement continues to be necessary to prevent the imminent physical damage or harm to the child. (2) The steps taken to provide notice to the child’s parents, custodians, and tribe about the hearing pursuant to this section. (3) If the child’s parents and Indian custodians are unknown, a detailed explanation of what efforts have been made to locate and contact them, including contact with the appropriate Bureau of Indian Affairs regional director. (4) The residence and the domicile of the Indian child. (5) If either the residence or the domicile of the Indian child is believed to be on a reservation or in an Alaska Native village, the name of the tribe affiliated with that reservation or village. (6) The tribal affiliation of the child and of the parents or Indian custodians. (7) A specific and detailed account of the circumstances that caused the Indian child to be taken into temporary custody. (8) If the child is believed to reside or be domiciled on a reservation in which the tribe exercises exclusive jurisdiction over child custody matters, a statement of efforts that have been made and that are being made to contact the tribe and transfer the child to the tribe’s jurisdiction. (9) A statement of the efforts that have been taken to assist the parents or Indian custodians so the Indian child may safely be returned to their custody. (10) The steps taken to consult and collaborate with the tribe and the outcome of that consultation and collaboration. (c) (1) The court shall order the release of the child from custody unless a prima facie showing has been made that the child comes within Section 300, the court finds that continuance in the parent’s or guardian’s home is contrary to the child’s welfare, and any of the following circumstances exist: (A) There is a substantial danger to the physical health of the child or the child is suffering severe emotional damage, and there are no reasonable means by which the child’s physical or emotional health may be protected without removing the child from the parent’s or guardian’s physical custody. (B) There is substantial evidence that a parent, guardian, or custodian of the child is likely to flee the jurisdiction of the court, and, in the case of an Indian child, fleeing the jurisdiction will place the child at risk of imminent physical damage or harm. (C) The child has left a placement in which the child was placed by the juvenile court. (D) The child indicates an unwillingness to return home, if the child has been physically or sexually abused by a person residing in the home. (2) (A) The court shall determine whether less disruptive alternatives to removal were considered by the agency, such as factors related to the impact of removal on the child, including, but not limited to, the following: (i) A description of the relationship between the child and their parents, guardians, or Indian custodians, based on the child’s perspective, and the child’s response to removal and, where developmentally appropriate, their perspective on removal. (ii) The relationship between the child and any siblings. (iii) The relationship between the child and other members of the household. (iv) Any disruption to the child’s schooling, social relationships, and physical or emotional health that may result from placement out of the home, and in the case of an Indian child, any impact on the child’s connection to their tribe, extended family members, and tribal community. (B) If the court finds that removal is necessary under paragraph (1), the court shall, in a written order or on the record, set forth all of the following: (i) The basis for its findings and the evidence relied on. (ii) Its determination regarding the child’s placement, including whether it complies with the placement preferences set forth in Section 361.31, and less disruptive alternatives. (iii) Include any orders necessary to alleviate any disruption or harm to the child resulting from removal. (C) Nothing in this paragraph permits a child to be released to a parent, legal guardian, or Indian custodian, or to be placed in an unsafe placement, due solely to the court determining the child was not offered less disruptive alternatives. (d) If the court knows or there is reason to know the child is an Indian child, the court may only detain the Indian child if it also finds that detention is necessary to prevent imminent physical damage or harm. The court shall state on the record the facts supporting this finding. (e) (1) If the hearing pursuant to this section is continued pursuant to Section 322 or for any other reason, the court shall find that the continuance of the child in the parent’s or guardian’s home is contrary to the child’s welfare at the initial petition hearing or order the release of the child from custody. (2) If the court knows or has reason to know the child is an Indian child, the hearing pursuant to this section may not be continued beyond 30 days unless the court finds all of the following: (A) Restoring the child to the parent, parents, or Indian custodian would subject the child to imminent physical damage or harm. (B) The court is unable to transfer the proceeding to the jurisdiction of the appropriate Indian tribe. (C) It is not possible to initiate an Indian child custody proceeding as defined in Section 224.1. (f) (1) The court shall also make a determination on the record, referencing the social worker’s report or other evidence relied upon, as to whether reasonable efforts were made to prevent or eliminate the need for removal of the child from their home, pursuant to subdivision (b) of Section 306, and whether there are available services that would prevent the need for further detention. Services to be considered for purposes of making this determination are case management, counseling, emergency shelter care, emergency in-home caretakers, out-of-home respite care, teaching and demonstrating homemakers, parenting training, transportation, and any other child welfare services authorized by the State Department of Social Services pursuant to Chapter 5 (commencing with Section 16500) of Part 4 of Division 9. The court shall also review whether the social worker has considered whether a referral to public assistance services pursuant to Chapter 2 (commencing with Section 11200) and Chapter 7 (commencing with Section 14000) of Part 3 of, Chapter 1 (commencing with Section 17000) of Part 5 of, and Chapter 10 (commencing with Section 18900) of Part 6 of, Division 9 would have eliminated the need to take temporary custody of the child or would prevent the need for further detention. This determination shall apply to each child individually, and the considerations shall be tailored to the individual child. (2) If the court knows or has reason to know the child is an Indian child, the court shall also determine whether the county welfare department made active efforts to provide remedial services and rehabilitation programs designed to prevent the breakup of the Indian family. The court shall order the county welfare department to initiate or continue services or programs pending disposition pursuant to Section 358. (3) If the child can be returned to the custody of their parent, guardian, or Indian custodian through the provision of those services, the court shall place the child with their parent, guardian, or Indian custodian and order that the services shall be provided. If the child cannot be returned to the physical custody of their parent or guardian, the court shall determine if there is a relative who is able and willing to care for the child, and has been assessed pursuant to Section 361.4. (4) In order to preserve the bond between the child and the parent and to facilitate family reunification, the court shall consider whether the child can be returned to the custody of their parent who is enrolled in a certified substance abuse treatment facility that allows a dependent child to reside with their parent. The fact that the parent is enrolled in a certified substance abuse treatment facility that allows a dependent child to reside with their parent shall not be, for that reason alone, prima facie evidence of substantial danger. The court shall specify the factual basis for its conclusion that the return of the child to the custody of their parent would pose a substantial danger or would not pose a substantial danger to the physical health, safety, protection, or physical or emotional well-being of the child. (g) If a court orders a child detained, the court shall state the facts on which the decision is based, specify why the initial removal was necessary, reference the social worker’s report or other evidence relied upon to make its determination whether continuance in the home of the parent or legal guardian is contrary to the child’s welfare, order temporary placement and care of the child to be vested with the county child welfare department pending the hearing held pursuant to Section 355 or further order of the court, and order services to be provided as soon as possible to reunify the child and their family, if appropriate. (h) (1) (A) If the child is not released from custody, the court may order the temporary placement of the child in any of the following for a period not to exceed 15 judicial days: (i) The home of a relative, or a nonrelative extended family member, as defined in Section 362.7, or, in the case of an Indian child, an extended family member, as defined in paragraph (1) of subdivision (c) of Section 224.1, that has been assessed pursuant to Section 361.4. (ii) The approved home of a resource family, as described in Section 16519.5, or a home licensed or approved by the Indian child’s tribe. (iii) An emergency shelter or other suitable licensed place. (iv) A place exempt from licensure designated by the juvenile court. (B) A youth homelessness prevention center licensed by the State Department of Social Services pursuant to Section 1502.35 of the Health and Safety Code shall not be a placement option pursuant to this section. (C) If the court knows or has reason to know that the child is an Indian child, the Indian child shall be detained in a home that complies with the placement preferences set forth in Section 361.31 and in the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.), unless the court finds good cause exists pursuant to Section 361.31 not to follow the placement preferences. If the court finds good cause not to follow the placement preferences for detention, this finding does not affect the requirement that a diligent search be made for a subsequent placement within the placement preferences. (2) Relatives shall be given preferential consideration for placement of the child. As used in this section, “relative” means an adult who is related to the child by blood, adoption, or affinity within the fifth degree of kinship, including stepparents, stepsiblings, and all relatives whose status is preceded by the words “great,” “great-great,” or “grand,” or the spouse of any of these persons, even if the marriage was terminated by death or dissolution. (3) When placing in the home of a relative, nonrelative extended family member, or, in the case of an Indian child, an extended family member, as defined in paragraph (1) of subdivision (c) of Section 224.1, the court shall consider the recommendations of the social worker based on the assessment pursuant to Section 361.4 of the home of the relative, extended family member, or nonrelative extended family member, including the results of a criminal records check and prior child abuse allegations, if any, before ordering that the child be placed with a relative or nonrelative extended family member. The court may authorize the placement of a child on a temporary basis in the home of a relative, regardless of the status of any criminal record exemption or resource family approval, if the court finds that the placement does not pose a risk to the health and safety of the child. The court shall order the parent to disclose to the social worker the names, residences, and any known identifying information of any maternal or paternal relatives of the child. The social worker shall initiate the assessment pursuant to Section 361.3 of any relative to be considered for continuing placement. (i) In the case of an Indian child, any order detaining the child pursuant to this section shall be considered an emergency removal under subdivision (g) of Section 305.5. The emergency proceeding shall terminate if the child is returned to the custody of the parent, parents, or Indian custodian, the child has been transferred to the custody and jurisdiction of the child’s tribe, or the agency or another party to the proceeding recommends that the child be removed from the physical custody of their parent or parents or Indian custodian pursuant to Section 361 or 361.2. (j) (1) At the initial hearing upon the petition filed in accordance with subdivision (c) of Rule 5.520 of the California Rules of Court or anytime thereafter up until the time that the minor is adjudged a dependent child of the court or a finding is made dismissing the petition, the court may temporarily limit the right of the parent or guardian to make educational or developmental services decisions for the child and temporarily appoint a responsible adult to make educational or developmental services decisions for the child if all of the following conditions are found: (A) The parent or guardian is unavailable, unable, or unwilling to exercise educational or developmental services rights for the child. (B) The county placing agency has made diligent efforts to locate and secure the participation of the parent or guardian in educational or developmental services decisionmaking. (C) The child’s educational and developmental services needs cannot be met without the temporary appointment of a responsible adult. (2) If the court limits the parent’s educational rights under this subdivision, the court shall determine whether there is a responsible adult who is a relative, nonrelative extended family member, or other adult known to the child and who is available and willing to serve as the child’s educational representative before appointing an educational representative or surrogate who is not known to the child. (3) If the court cannot identify a responsible adult to make educational decisions for the child and the appointment of a surrogate parent, as defined in subdivision (a) of Section 56050 of the Education Code, is not warranted, the court may, with the input of any interested person, make educational decisions for the child. If the child is receiving services from a regional center, the provision of any developmental services related to the court’s decision shall be consistent with the child’s individual program plan and pursuant to the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500)). If the court cannot identify a responsible adult to make developmental services decisions for the child, the court may, with the input of any interested person, make developmental services decisions for the child. If the court makes educational or developmental services decisions for the child, the court shall also issue appropriate orders to ensure that every effort is made to identify a responsible adult to make future educational or developmental services decisions for the child. (4) A temporary appointment of a responsible adult and temporary limitation on the right of the parent or guardian to make educational or developmental services decisions for the child shall be specifically addressed in the court order. An order made under this section shall expire at the conclusion of the hearing held pursuant to Section 361 or upon dismissal of the petition. Upon the entering of disposition orders, additional needed limitation on the parent’s or guardian’s educational or developmental services rights shall be addressed pursuant to Section 361. (5) This section does not remove the obligation to appoint surrogate parents for students with disabilities who are without parental representation in special education procedures, as required by state and federal law, including Section 1415(b)(2) of Title 20 of the United States Code, Section 56050 of the Education Code, Section 7579.5 of the Government Code, and Rule 5.650 of the California Rules of Court. (6) If the court appoints a developmental services decisionmaker pursuant to this section, the developmental services decisionmaker shall have the authority to access the child’s information and records pursuant to subdivision (u) of Section 4514 and paragraph (23) of subdivision (a) of Section 5328, and to act on the child’s behalf for the purposes of the individual program plan process pursuant to Sections 4646, 4646.5, and 4648 and the fair hearing process pursuant to Chapter 7 (commencing with Section 4700) of Division 4.5, and as set forth in the court order. (k) For a placement made on or after October 1, 2021, each temporary placement of the child pursuant to subdivision (h) in a short-term residential therapeutic program shall comply with the requirements of Section 4096 and be reviewed by the court pursuant to Section 361.22. (l) For a placement made on or after July 1, 2022, each temporary placement of the child pursuant to subdivision (h) in a community treatment facility shall comply with the requirements of Section 4096 and be reviewed by the court pursuant to Section 361.22. (Amended by Stats. 2025, Ch. 200, Sec. 27. (AB 1521) Effective January 1, 2026.)
319.1.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 7. Dependent Children—Temporary Custody and Detention [305 - 324.5] ( Article 7 added by Stats. 1976, Ch. 1068. )
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If a court finds a minor described by Section 300 and believes the minor may need specialized mental health treatment while unable to live in the natural home, the court must notify the county mental health department director, and the county mental health department must carry out the duties required under Section 5694.7 for those minors.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 7. Dependent Children—Temporary Custody and Detention [305 - 324.5] ( Article 7 added by Stats. 1976, Ch. 1068. ) ## 319.1. When the court finds a minor to be a person described by Section 300, and believes that the minor may need specialized mental health treatment while the minor is unable to reside in his or her natural home, the court shall notify the director of the county mental health department in the county where the minor resides. The county mental health department shall perform the duties required under Section 5694.7 for all those minors. Nothing in this section shall restrict the provisions of emergency psychiatric services to those minors who are involved in dependency cases and have not yet reached the point of adjudication or disposition, nor shall it operate to restrict evaluations at an earlier stage of the proceedings or to restrict orders removing the minor from a detention facility for psychiatric treatment. (Amended by Stats. 2001, Ch. 854, Sec. 70. Effective January 1, 2002.)
319.2.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 7. Dependent Children—Temporary Custody and Detention [305 - 324.5] ( Article 7 added by Stats. 1976, Ch. 1068. )
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A child under six who is still in court custody may be placed in certain licensed facilities only if the court finds the placement is necessary.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 7. Dependent Children—Temporary Custody and Detention [305 - 324.5] ( Article 7 added by Stats. 1976, Ch. 1068. ) ## 319.2. Notwithstanding Section 319, when a child under the age of six years is not released from the custody of the court, the child may be placed in a community care facility licensed as a group home for children or in a temporary shelter care facility, as defined in Section 1530.8 of the Health and Safety Code, only when the court finds that placement is necessary to secure a complete and adequate evaluation, including placement planning and transition time. The placement period shall not exceed 60 days unless a case plan has been developed and the need for additional time is documented in the case plan and has been approved by the deputy director or director of the county child welfare department or an assistant chief probation officer or chief probation officer of the county probation department. (Amended by Stats. 2013, Ch. 21, Sec. 7. (AB 74) Effective June 27, 2013.)
319.3.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 7. Dependent Children—Temporary Custody and Detention [305 - 324.5] ( Article 7 added by Stats. 1976, Ch. 1068. )
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A court may allow certain 6- to 12-year-old children subject to a Section 300 petition to be placed in specified facilities only if the court finds the placement is needed for a complete and adequate evaluation.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 7. Dependent Children—Temporary Custody and Detention [305 - 324.5] ( Article 7 added by Stats. 1976, Ch. 1068. ) ## 319.3. (a) Notwithstanding Section 319, a child who is the subject of a petition under Section 300 and who is 6 to 12 years of age, inclusive, may be placed in a community care facility licensed as a group home for children, a short-term residential therapeutic program, a community treatment facility, or a temporary shelter care facility, as defined in Section 1530.8 of the Health and Safety Code, only when the court finds that placement is necessary to secure a complete and adequate evaluation, including placement planning and transition time. The placement period in a group home for children, a short-term residential therapeutic program, or a community treatment facility shall not exceed 60 days unless a case plan has been developed and the need for additional time is documented in the case plan and has been approved by a deputy director or director of the county child welfare department or an assistant chief probation officer or chief probation officer of the county probation department. The placement period in a temporary shelter care facility shall not exceed 10 days. (b) For a placement made on or after October 1, 2021, each placement of a child in a short-term residential therapeutic program pursuant to this section shall comply with the requirements of Section 4096 and be reviewed by the court pursuant to Section 361.22. (c) For a placement made on or after July 1, 2022, each placement of a child in a community treatment facility pursuant to this section shall comply with the requirements of Section 4096 and be reviewed by the court pursuant to Section 361.22. (Amended by Stats. 2022, Ch. 50, Sec. 15. (SB 187) Effective June 30, 2022.)
319.4.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 7. Dependent Children—Temporary Custody and Detention [305 - 324.5] ( Article 7 added by Stats. 1976, Ch. 1068. )
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If a child is known or believed to be an Indian child and has been detained under Section 319, any party may ask for an ex parte hearing before disposition. If the court finds the emergency placement is no longer necessary, it must return the child to the parent, parents, or Indian custodian. The Judicial Council must develop a rule of court and forms for this section.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 7. Dependent Children—Temporary Custody and Detention [305 - 324.5] ( Article 7 added by Stats. 1976, Ch. 1068. ) ## 319.4. If it is known or if there is reason to know the child is an Indian child, and the child has been ordered detained pursuant to Section 319, any party may request an ex parte hearing prior to disposition to present evidence to the court that the emergency placement is no longer necessary to prevent imminent physical damage or harm to the child. If the court determines placement is no longer necessary, it shall order the child returned to the physical custody of the parent or parents or Indian custodian. The Judicial Council shall develop a rule of court and forms for implementation of this section. (Added by Stats. 2018, Ch. 833, Sec. 23. (AB 3176) Effective January 1, 2019.)
3200.
## Welfare and Institutions Code - WIC ## DIVISION 3. NARCOTIC ADDICTS [3200 - 3313] ( Division 3 added by Stats. 1965, Ch. 1226. ) ## CHAPTER 1. Fentanyl Program Grants [3200 - 3203] ( Chapter 1 added by Stats. 2022, Ch. 783, Sec. 1. )
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The State Department of Public Health must set up a fentanyl overdose reduction grant program, and eligible local jurisdictions or agencies must submit an application and plan in the department’s required form.

## Welfare and Institutions Code - WIC ## DIVISION 3. NARCOTIC ADDICTS [3200 - 3313] ( Division 3 added by Stats. 1965, Ch. 1226. ) ## CHAPTER 1. Fentanyl Program Grants [3200 - 3203] ( Chapter 1 added by Stats. 2022, Ch. 783, Sec. 1. ) ## 3200. (a) The State Department of Public Health shall establish a grant program to reduce fentanyl overdoses and use throughout the state. Six one-time grants shall be made; two in northern California, two in the central valley, and two in southern California. (b) Grant moneys may be used for any of the following purposes: (1) Education programs in local schools. (2) Increasing testing abilities for fentanyl. (3) Overdose prevention and recovery programs, including making naloxone or other overdose recovery drugs more available in the community. (4) Increasing social services and substance use recovery services to those addicted to fentanyl or other opioids. (c) A local jurisdiction or agency, or a group comprised of local jurisdictions and agencies working in concert, shall submit an application and plan to the department in a form required by the department. The department shall award grants based on need, evidence-based likelihood of success, and the number of people proposed to be served. (Amended by Stats. 2023, Ch. 42, Sec. 62. (AB 118) Effective July 10, 2023. Repealed as of January 1, 2029, pursuant to Sec. 3203.)
3201.
## Welfare and Institutions Code - WIC ## DIVISION 3. NARCOTIC ADDICTS [3200 - 3313] ( Division 3 added by Stats. 1965, Ch. 1226. ) ## CHAPTER 1. Fentanyl Program Grants [3200 - 3203] ( Chapter 1 added by Stats. 2022, Ch. 783, Sec. 1. )
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An entity receiving a grant must agree to provide program information to the department, and the department must file interim and final reports by the stated dates.

## Welfare and Institutions Code - WIC ## DIVISION 3. NARCOTIC ADDICTS [3200 - 3313] ( Division 3 added by Stats. 1965, Ch. 1226. ) ## CHAPTER 1. Fentanyl Program Grants [3200 - 3203] ( Chapter 1 added by Stats. 2022, Ch. 783, Sec. 1. ) ## 3201. (a) As a condition of receiving a grant pursuant to this chapter, the applying entity shall agree to provide the department with information on the program, including, but not limited to, all of the following: (1) How the grant moneys were used. (2) The number of people served. (3) All of the following for both the year prior to the grant and the years the grant was used: (A) The number of hospitalizations due to fentanyl. (B) The number of overdoses from fentanyl. (C) The number of overdose deaths from fentanyl. (4) Any other information the department requires. (b) (1) On or before January 1, 2026, the department shall submit an interim report on the progress of the programs for which grants were provided to the Legislature and the Governor’s office, including, but not limited to, all available information provided by the programs pursuant to subdivision (a). (2) On or before January 1, 2028, the department shall submit a final report on the efficacy of the programs for which grants were provided to the Legislature and the Governor’s office, including, but not limited to, all of the information provided by the programs pursuant to subdivision (a). (3) Reports submitted pursuant to this subdivision shall be submitted in compliance with Section 9795 of the Government Code. (Amended by Stats. 2023, Ch. 42, Sec. 63. (AB 118) Effective July 10, 2023. Repealed as of January 1, 2029, pursuant to Sec. 3203.)
3202.
## Welfare and Institutions Code - WIC ## DIVISION 3. NARCOTIC ADDICTS [3200 - 3313] ( Division 3 added by Stats. 1965, Ch. 1226. ) ## CHAPTER 1. Fentanyl Program Grants [3200 - 3203] ( Chapter 1 added by Stats. 2022, Ch. 783, Sec. 1. )
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This chapter operates only if money is appropriated for it in the annual Budget Act.

## Welfare and Institutions Code - WIC ## DIVISION 3. NARCOTIC ADDICTS [3200 - 3313] ( Division 3 added by Stats. 1965, Ch. 1226. ) ## CHAPTER 1. Fentanyl Program Grants [3200 - 3203] ( Chapter 1 added by Stats. 2022, Ch. 783, Sec. 1. ) ## 3202. This chapter shall be implemented only to the extent that funds are appropriated for this purpose in the annual Budget Act. (Added by Stats. 2022, Ch. 783, Sec. 1. (AB 2365) Effective January 1, 2023. Repealed as of January 1, 2029, pursuant to Sec. 3203.)
3203.
## Welfare and Institutions Code - WIC ## DIVISION 3. NARCOTIC ADDICTS [3200 - 3313] ( Division 3 added by Stats. 1965, Ch. 1226. ) ## CHAPTER 1. Fentanyl Program Grants [3200 - 3203] ( Chapter 1 added by Stats. 2022, Ch. 783, Sec. 1. )
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This chapter stays in effect only until January 1, 2029, and is repealed on that date.

## Welfare and Institutions Code - WIC ## DIVISION 3. NARCOTIC ADDICTS [3200 - 3313] ( Division 3 added by Stats. 1965, Ch. 1226. ) ## CHAPTER 1. Fentanyl Program Grants [3200 - 3203] ( Chapter 1 added by Stats. 2022, Ch. 783, Sec. 1. ) ## 3203. This chapter shall remain in effect only until January 1, 2029, and as of that date is repealed. (Amended by Stats. 2023, Ch. 42, Sec. 64. (AB 118) Effective July 10, 2023. Repealed as of January 1, 2029, by its own provisions. Note: Repeal affects Chapter 1, commencing with Section 3200.)
321.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 7. Dependent Children—Temporary Custody and Detention [305 - 324.5] ( Article 7 added by Stats. 1976, Ch. 1068. )
Verify source ↗

If no parent or guardian was present or notified at a juvenile hearing, a parent or guardian may file an affidavit and the clerk must promptly set a rehearing.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 7. Dependent Children—Temporary Custody and Detention [305 - 324.5] ( Article 7 added by Stats. 1976, Ch. 1068. ) ## 321. When a hearing is held under the provisions of this article and no parent or guardian of the minor is present and no parent or guardian has had actual notice of the hearing, a parent or guardian of the minor may file an affidavit setting forth the facts with the clerk of the juvenile court and the clerk shall immediately set the matter for rehearing at a time within 24 hours, excluding Sundays and nonjudicial days from the filing of the affidavit. Upon the rehearing, the court shall proceed in the same manner as upon the original hearing. If the minor, a parent or guardian or the minor’s attorney or guardian ad litem, if either one or the other has been appointed by the court, requests evidence of the prima facie case, a rehearing shall be held within three judicial days to consider evidence of the prima facie case. If the prima facie case is not established, the minor shall be released from detention. In lieu of a requested rehearing, the court may set the matter for trial within 10 days. When the court ascertains that the rehearing cannot be held within three judicial days because of the unavailability of a witness, a reasonable continuance may be granted for a period not to exceed five judicial days. (Amended by Stats. 1984, Ch. 144, Sec. 216.)
322.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 7. Dependent Children—Temporary Custody and Detention [305 - 324.5] ( Article 7 added by Stats. 1976, Ch. 1068. )
Verify source ↗

If the minor, parent, or guardian asks for it, the court must continue a hearing or rehearing under this article for one day, not counting Sundays or nonjudicial days.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 7. Dependent Children—Temporary Custody and Detention [305 - 324.5] ( Article 7 added by Stats. 1976, Ch. 1068. ) ## 322. Upon motion of the minor or a parent or guardian of such minor, the court shall continue any hearing or rehearing held under the provisions of this article for one day, excluding Sundays and nonjudicial days. (Added by Stats. 1976, Ch. 1068.)
323.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 7. Dependent Children—Temporary Custody and Detention [305 - 324.5] ( Article 7 added by Stats. 1976, Ch. 1068. )
Verify source ↗

The court may order a minor, or a parent or guardian present in court, to appear again before the court, probation officer, or county financial evaluation officer at a specified time and place.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 7. Dependent Children—Temporary Custody and Detention [305 - 324.5] ( Article 7 added by Stats. 1976, Ch. 1068. ) ## 323. Upon any hearing or rehearing under the provisions of this article, the court may order such minor or any parent or guardian of such minor who is present in court to again appear before the court, the probation officer or the county financial evaluation officer at a time and place specified in said order. (Amended by Stats. 1985, Ch. 1485, Sec. 7.)
324.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 7. Dependent Children—Temporary Custody and Detention [305 - 324.5] ( Article 7 added by Stats. 1976, Ch. 1068. )
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An officer may notify the requesting county’s law enforcement agency when a minor is held in temporary custody outside the relevant county. If a warrant is obtained, the requesting county officer must forward it within 48 hours (excluding Sundays and nonjudicial days), then take custody within five days and bring the minor before the juvenile court without unnecessary delay.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 7. Dependent Children—Temporary Custody and Detention [305 - 324.5] ( Article 7 added by Stats. 1976, Ch. 1068. ) ## 324. Whenever any minor is taken into temporary custody under the provisions of this article in any county other than the county in which the minor is alleged to be within or to come within the jurisdiction of the juvenile court, which county is referred to herein as the requesting county, the officer who has taken the minor into temporary custody may notify the law enforcement agency in the requesting county of the fact that the minor is in custody. When a law enforcement officer, of such requesting county files a petition pursuant to Section 332 with the clerk of the juvenile court of his respective county and secures a warrant therefrom, he shall forward said warrant, or a telegraphic copy thereof to the officer who has the minor in temporary custody as soon as possible within 48 hours, excluding Sundays and nonjudicial days, from the time said juvenile was taken into temporary custody. Thereafter an officer from said requesting county shall take custody of the minor within five days, in the county in which the minor is in temporary custody, and shall take the minor before the juvenile court judge who issued the warrant, or before some other juvenile court of the same county without unnecessary delay. If the minor is not brought before a judge of the juvenile court within the period prescribed by this section, he must be released from custody. (Added by Stats. 1976, Ch. 1068.)
324.5.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 7. Dependent Children—Temporary Custody and Detention [305 - 324.5] ( Article 7 added by Stats. 1976, Ch. 1068. )
Verify source ↗

When child abuse allegations lead to protective custody, local authorities may consult a trained medical practitioner and, if appropriate, must arrange a physical exam within 72 hours.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 7. Dependent Children—Temporary Custody and Detention [305 - 324.5] ( Article 7 added by Stats. 1976, Ch. 1068. ) ## 324.5. (a) Whenever allegations of physical or sexual abuse of a child come to the attention of a local law enforcement agency or the local child welfare department and the child is taken into protective custody, the local law enforcement agency, or child welfare department may, as soon as practically possible, consult with a medical practitioner, who has specialized training in detecting and treating child abuse injuries and neglect, to determine whether a physical examination of the child is appropriate. If deemed appropriate, the local law enforcement agency, or the child welfare department, shall cause the child to undergo a physical examination performed by a medical practitioner who has specialized training in detecting and treating child abuse injuries and neglect, and, whenever possible, shall ensure that this examination take place within 72 hours of the time the child was taken into protective custody. In the event the allegations are made while the child is in custody, the physical examination shall be performed within 72 hours of the time the allegations were made. In the case of a petition filed pursuant to Section 319, the department shall provide the results of the physical examination to the court and to any counsel for the minor, and counsel for the parent or guardian of the minor. Failure to obtain this physical examination shall not be grounds to deny a petition under this section. (b) The local child welfare agency shall, whenever possible, request that additional medical examinations to determine child abuse injuries or neglect, be performed by the same medical practitioner who performed the examinations described in subdivision (a). If it is not possible to obtain additional medical examinations, the local child welfare agency shall ensure that future medical practitioners to whom the child has been referred for ongoing diagnosis and treatment have specialized training in detecting and treating child abuse injuries and neglect and have access to the child’s medical records covering the current and previous incidents of child abuse. (Added by Stats. 1998, Ch. 949, Sec. 2. Effective January 1, 1999.)
325.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 8. Dependent Children—Commencement of Proceedings [325 - 342] ( Article 8 added by Stats. 1976, Ch. 1068. )
Verify source ↗

A social worker commences a juvenile court dependency proceeding by filing a petition with the court.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 8. Dependent Children—Commencement of Proceedings [325 - 342] ( Article 8 added by Stats. 1976, Ch. 1068. ) ## 325. A proceeding in the juvenile court to declare a child to be a dependent child of the court is commenced by the filing with the court, by the social worker, of a petition, in conformity with the requirements of this article. (Amended by Stats. 1998, Ch. 1054, Sec. 10. Effective January 1, 1999.)
326.5.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 8. Dependent Children—Commencement of Proceedings [325 - 342] ( Article 8 added by Stats. 1976, Ch. 1068. )
Verify source ↗

The Judicial Council must adopt a rule of court by July 1, 2001, for appointing a guardian ad litem in certain child neglect or abuse cases.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 8. Dependent Children—Commencement of Proceedings [325 - 342] ( Article 8 added by Stats. 1976, Ch. 1068. ) ## 326.5. The Judicial Council shall adopt a rule of court effective July 1, 2001, that complies with the requirement of the federal Child Abuse Prevention and Treatment Act (Public Law 93-247) for the appointment of a guardian ad litem, who may be an attorney or a court-appointed special advocate, for a child in cases in which a petition is filed based upon neglect or abuse of the child or in which a prosecution is initiated under the Penal Code arising from neglect or abuse of the child. The rule of court may include guidelines to the courts for determining when an attorney should be appointed rather than a court appointed special advocate, and caseload standards for guardians ad litem. (Added by Stats. 2000, Ch. 450, Sec. 3. Effective January 1, 2001.)
326.7.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 8. Dependent Children—Commencement of Proceedings [325 - 342] ( Article 8 added by Stats. 1976, Ch. 1068. )
Verify source ↗

A minor parent does not need a guardian ad litem appointed for the dependency case, unless the minor parent cannot understand the proceedings or help counsel prepare the case.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 8. Dependent Children—Commencement of Proceedings [325 - 342] ( Article 8 added by Stats. 1976, Ch. 1068. ) ## 326.7. Appointment of a guardian ad litem shall not be required for a minor who is a parent of the child who is the subject of the dependency petition, unless the minor parent is unable to understand the nature of the proceedings or to assist counsel in preparing the case. (Added by Stats. 2008, Ch. 181, Sec. 3. Effective January 1, 2009.)
327.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 8. Dependent Children—Commencement of Proceedings [325 - 342] ( Article 8 added by Stats. 1976, Ch. 1068. )
Verify source ↗

A juvenile court in certain counties is the proper court to start proceedings under this chapter.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 8. Dependent Children—Commencement of Proceedings [325 - 342] ( Article 8 added by Stats. 1976, Ch. 1068. ) ## 327. Either the juvenile court in the county in which a minor resides or in the county where the minor is found or in the county in which the acts take place or the circumstances exist which are alleged to bring such minor within the provisions of Section 300, is the proper court to commence proceedings under this chapter. (Added by Stats. 1976, Ch. 1068.)
328.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 8. Dependent Children—Commencement of Proceedings [325 - 342] ( Article 8 added by Stats. 1976, Ch. 1068. )
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Social workers must investigate certain suspected child dependency cases, refer families for services when appropriate, interview qualifying children in custody or foster care, and include the interview in reports if proceedings begin. The department must also report specified child welfare data to the Legislature by the stated deadline.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 8. Dependent Children—Commencement of Proceedings [325 - 342] ( Article 8 added by Stats. 1976, Ch. 1068. ) ## 328. (a) If the social worker has cause to believe that there was or is within the county, or residing in the county, a person described in Section 300, the social worker shall immediately make any investigation the social worker deems necessary to determine whether child welfare services should be offered to the family and whether proceedings in the juvenile court should be commenced. If the social worker determines that it is appropriate to offer child welfare services to the family, the social worker shall make a referral to these services pursuant to Chapter 5 (commencing with Section 16500) of Part 4 of Division 9. An inference regarding the credibility of the allegations or the need for child welfare services shall not be drawn from the mere existence of a child custody or visitation dispute. (1) This subdivision does not require an investigation by the social worker with respect to a child delivered or referred to any agency pursuant to Section 307.5. (2) The social worker shall interview any child four years of age or older who is a subject of an investigation, and who is in juvenile hall or other custodial facility, or has been removed to a foster home, to ascertain the child’s view of the home environment. If proceedings are commenced, the social worker shall include the substance of the interview in any written report submitted at an adjudicatory hearing, or if no report is then received in evidence, the social worker shall include the substance of the interview in the social study required by Section 358. A referral based on allegations of child abuse from the family court pursuant to Section 3027 of the Family Code shall be investigated to the same extent as any other child abuse allegation. (b) (1) The State Department of Social Services shall submit a report to the Legislature that includes all of the following data: (A) The number of children in the care and custody of all county placing agencies pursuant to a voluntary placement agreement, as defined in subdivision (p) of Section 11400. (B) The number of child welfare agency investigations that resulted in a written plan for care of a child outside the home of the parent that is not a voluntary placement agreement, as described in subparagraph (A). (C) The number of children identified in subparagraphs (A) and (B) for whom a subsequent report is made by child protective services within one year of initial contact with the county agency, including whether the reports were substantiated, unsubstantiated, or inconclusive. (D) The number of children identified in subparagraphs (A) and (B) for whom a dependency court petition is filed within one year of the date of the voluntary placement agreement or written plan for care. (2) The department shall stratify the data required pursuant to paragraph (1) by a variety of demographic characteristics, including, at a minimum, by race and income level to the extent allowable to protect confidentiality. (3) The report shall be submitted to the Legislature on or before January 1, 2025, or 15 months after the date the department notifies the Legislature that the Child Welfare Services – California Automated Response and Engagement System (CWS-CARES) can perform the necessary automation to implement the new data fields described in paragraph (1). The report shall be submitted to the Legislature in compliance with Section 9795 of the Government Code. (Amended by Stats. 2022, Ch. 780, Sec. 1. (AB 2309) Effective January 1, 2023.)
328.1.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 8. Dependent Children—Commencement of Proceedings [325 - 342] ( Article 8 added by Stats. 1976, Ch. 1068. )
Verify source ↗

County child welfare departments must try to determine whether a parent or guardian is active duty military when investigating abuse or neglect allegations, and may enter MOUs with nearby military installations for those investigations.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 8. Dependent Children—Commencement of Proceedings [325 - 342] ( Article 8 added by Stats. 1976, Ch. 1068. ) ## 328.1. (a) A county child welfare department investigating a case of child abuse or neglect involving an allegation against the parent or guardian of the child shall attempt, as soon as practicable, to determine if the parent or guardian is an active duty member of the Armed Forces of the United States. (b) A county child welfare department may develop and adopt memoranda of understanding with military installations, located in whole or in part within the borders of its jurisdiction, that govern the investigation of allegations of child abuse or neglect against active duty service members assigned to units on those installations. Those memoranda may include, but are not limited to, all of the following: (1) To whom, how, and when each party would report information about an investigation. (2) Each party’s role and responsibilities when conducting an investigation and in providing child maltreatment prevention or rehabilitative services to a family in response to the results of the investigations, consistent with state and federal law. (3) Protocols describing what, if any, confidential information may be shared between the parties and for what purposes, in accordance with applicable state and federal law. (c) This section does not limit or change the responsibilities of a county child welfare department with respect to investigations of, or responses to, allegations of abuse or neglect. (Added by Stats. 2020, Ch. 233, Sec. 1. (SB 907) Effective January 1, 2021.)
328.2.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 8. Dependent Children—Commencement of Proceedings [325 - 342] ( Article 8 added by Stats. 1976, Ch. 1068. )
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The State Department of Social Services must update its regulations, letters, and instructions so that cannabis use or possession is treated the same as alcohol and prescribed medication in certain child abuse or neglect investigations.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 8. Dependent Children—Commencement of Proceedings [325 - 342] ( Article 8 added by Stats. 1976, Ch. 1068. ) ## 328.2. The State Department of Social Services shall update all regulations, all-county letters, and other instructions relating to the investigation of a minor who may be described by Section 300 to ensure that, when a social worker is investigating an alleged case of child abuse or neglect, a parent’s or guardian’s use or possession of cannabis is treated in the same manner as a parent’s or guardian’s use or possession of alcohol and legally prescribed medication. (Added by Stats. 2022, Ch. 260, Sec. 1. (AB 2595) Effective January 1, 2023.)
328.3.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 8. Dependent Children—Commencement of Proceedings [325 - 342] ( Article 8 added by Stats. 1976, Ch. 1068. )
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When a minor is referred or delivered under Section 307.5, the receiving agency must investigate immediately, and if it does not start a service program within the stated time, it must notify the referring officer in writing and keep a copy for 30 days.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 8. Dependent Children—Commencement of Proceedings [325 - 342] ( Article 8 added by Stats. 1976, Ch. 1068. ) ## 328.3. Whenever any officer refers or delivers a minor pursuant to Section 307.5, the agency to which the minor is referred shall immediately make such investigation as it deems necessary to determine what disposition of the referral or delivery should be made. If the referral agency does not initiate a service program on behalf of a minor referred to the agency within 20 calendar days, or initiate a service program on behalf of a minor delivered to the agency within 10 calendar days, that agency shall immediately notify the referring officer of that decision in writing. The referral agency shall retain a copy of that written notification for 30 days. (Added by Stats. 1984, Ch. 260, Sec. 2.)
329.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 8. Dependent Children—Commencement of Proceedings [325 - 342] ( Article 8 added by Stats. 1976, Ch. 1068. )
Verify source ↗

A person seeking juvenile court proceedings must apply by affidavit, and the social worker must investigate and then take specified follow-up steps, including notice, record retention, and reporting when a probate referral is received.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 8. Dependent Children—Commencement of Proceedings [325 - 342] ( Article 8 added by Stats. 1976, Ch. 1068. ) ## 329. (a) When a person applies to the social worker to commence proceedings in the juvenile court, the application shall be in the form of an affidavit alleging that there was or is within the county, or residing therein, a child within the provisions of Section 300, and setting forth facts in support thereof. The social worker shall immediately investigate as necessary to determine whether proceedings in the juvenile court should be commenced. If the social worker does not take action under Section 301 and does not file a petition in the juvenile court within three weeks after the application, the social worker shall endorse upon the affidavit of the applicant the decision not to proceed further, including any recommendation made to the applicant, if one is made, to consider commencing a probate guardianship proceeding for the child, and the reasons therefor and shall immediately notify the applicant of the action taken or the decision rendered under this section. The social worker shall retain the affidavit and the endorsement thereon for a period of 30 days after notifying the applicant. (b) (1) If a social worker receives a referral from the probate court pursuant to Section 1513 of the Probate Code, the social worker shall immediately investigate as necessary to determine whether proceedings in the juvenile court should be commenced. (2) The social worker shall, within three weeks of the referral, report the findings and conclusions of the investigation, along with any decision made as a result and the reasons for the decision, to the probate court as required by subdivision (b) of Section 1513 of the Probate Code. (Amended by Stats. 2021, Ch. 578, Sec. 4. (AB 260) Effective January 1, 2022.)
3300.
## Welfare and Institutions Code - WIC ## DIVISION 3. NARCOTIC ADDICTS [3200 - 3313] ( Division 3 added by Stats. 1965, Ch. 1226. ) ## CHAPTER 2. California Rehabilitation Center [3300 - 3313] ( Chapter 2 added by Stats. 1965, Ch. 1226. )
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This section creates the California Rehabilitation Center and allows branches to be established in specified facilities, subject to listed approvals and limits.

## Welfare and Institutions Code - WIC ## DIVISION 3. NARCOTIC ADDICTS [3200 - 3313] ( Division 3 added by Stats. 1965, Ch. 1226. ) ## CHAPTER 2. California Rehabilitation Center [3300 - 3313] ( Chapter 2 added by Stats. 1965, Ch. 1226. ) ## 3300. There is hereby established an institution and branches, under the jurisdiction of the Department of Corrections and Rehabilitation, to be known as the California Rehabilitation Center. Branches may be established in existing institutions of the Department of Corrections and Rehabilitation, Division of Adult Operations, in halfway houses as described in Section 3153, in such other facilities as may be made available on the grounds of other state institutions, and in city and county correctional facilities where treatment facilities are available. Branches shall not be established on the grounds of such other institutions in any manner which will result in the placement of patients of such institutions into inferior facilities. Branches placed in a facility of the State Department of State Hospitals shall have prior approval of the Director of State Hospitals, and branches placed in a facility of the State Department of Developmental Services shall have the prior approval of the Director of Developmental Services. Commencing July 1, 2005, the branches in the Department of Corrections and Rehabilitation, Division of Juvenile Facilities shall be established by order of the secretary, and shall be subject to his or her administrative direction. Branches placed in city or county facilities shall have prior approval of the legislative body of the city or county. Persons confined pursuant to this section in branches established in city and county correctional facilities shall be housed separately from the prisoners therein, and shall be entitled to receive treatment substantially equal to that which would be afforded those persons if confined in the main institution of the California Rehabilitation Center. (Amended by Stats. 2012, Ch. 24, Sec. 62. (AB 1470) Effective June 27, 2012.)
3301.
## Welfare and Institutions Code - WIC ## DIVISION 3. NARCOTIC ADDICTS [3200 - 3313] ( Division 3 added by Stats. 1965, Ch. 1226. ) ## CHAPTER 2. California Rehabilitation Center [3300 - 3313] ( Chapter 2 added by Stats. 1965, Ch. 1226. )
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The California Rehabilitation Center’s main purpose is to receive, control, confine, employ, educate, treat, and rehabilitate certain people in the custody of the Department of Corrections or its agencies who are addicted to narcotics or in imminent danger of becoming addicted.

## Welfare and Institutions Code - WIC ## DIVISION 3. NARCOTIC ADDICTS [3200 - 3313] ( Division 3 added by Stats. 1965, Ch. 1226. ) ## CHAPTER 2. California Rehabilitation Center [3300 - 3313] ( Chapter 2 added by Stats. 1965, Ch. 1226. ) ## 3301. The principal purpose of the California Rehabilitation Center shall be the receiving, control, confinement, employment, education, treatment and rehabilitation of persons under the custody of the Department of Corrections or any agency thereof who are addicted to the use of narcotics or are in imminent danger of becoming so addicted. (Added by Stats. 1965, Ch. 1226.)
3302.
## Welfare and Institutions Code - WIC ## DIVISION 3. NARCOTIC ADDICTS [3200 - 3313] ( Division 3 added by Stats. 1965, Ch. 1226. ) ## CHAPTER 2. California Rehabilitation Center [3300 - 3313] ( Chapter 2 added by Stats. 1965, Ch. 1226. )
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The Director of Corrections must acquire, construct, and equip suitable facilities for the California Rehabilitation Center, following the law.

## Welfare and Institutions Code - WIC ## DIVISION 3. NARCOTIC ADDICTS [3200 - 3313] ( Division 3 added by Stats. 1965, Ch. 1226. ) ## CHAPTER 2. California Rehabilitation Center [3300 - 3313] ( Chapter 2 added by Stats. 1965, Ch. 1226. ) ## 3302. The Director of Corrections shall acquire, or construct, and equip, in accordance with law, suitable buildings, structures and facilities for the California Rehabilitation Center. (Added by Stats. 1965, Ch. 1226.)
3303.
## Welfare and Institutions Code - WIC ## DIVISION 3. NARCOTIC ADDICTS [3200 - 3313] ( Division 3 added by Stats. 1965, Ch. 1226. ) ## CHAPTER 2. California Rehabilitation Center [3300 - 3313] ( Chapter 2 added by Stats. 1965, Ch. 1226. )
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The Director of Corrections may make and change rules for administering the California Rehabilitation Center, and must keep and publish a public compendium of those rules.

## Welfare and Institutions Code - WIC ## DIVISION 3. NARCOTIC ADDICTS [3200 - 3313] ( Division 3 added by Stats. 1965, Ch. 1226. ) ## CHAPTER 2. California Rehabilitation Center [3300 - 3313] ( Chapter 2 added by Stats. 1965, Ch. 1226. ) ## 3303. (a) The Director of Corrections may prescribe and amend rules and regulations for the administration of the California Rehabilitation Center. These rules and regulations shall be promulgated and filed pursuant to Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code, and shall, to the extent practical, be stated in language that is easily understood by the general public. (b) The director shall maintain, publish, and make available to the general public, a compendium of the rules and regulations promulgated by the director pursuant to this section. (c) The following exceptions to the procedures specified in this section apply to the rules and regulations made by the director for the California Rehabilitation Center: (1) The director may specify an effective date that is any time more than 30 days after the rule or regulation is filed with the Secretary of State; provided that no less than 20 days prior to that effective date, copies of the rule or regulation shall be posted in conspicuous places throughout each institution and shall be mailed to all persons or organizations who request them. (2) The director may rely upon a summary of the information compiled by a hearing officer; provided that the summary and the testimony taken regarding the proposed action shall be retained as part of the public record for at least one year after the adoption, amendment, or repeal. (Amended by Stats. 1985, Ch. 106, Sec. 172.)
3304.
## Welfare and Institutions Code - WIC ## DIVISION 3. NARCOTIC ADDICTS [3200 - 3313] ( Division 3 added by Stats. 1965, Ch. 1226. ) ## CHAPTER 2. California Rehabilitation Center [3300 - 3313] ( Chapter 2 added by Stats. 1965, Ch. 1226. )
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A warden must be appointed for the California Rehabilitation Center, and the Director of Corrections must appoint any other needed officers and employees, subject to civil service.

## Welfare and Institutions Code - WIC ## DIVISION 3. NARCOTIC ADDICTS [3200 - 3313] ( Division 3 added by Stats. 1965, Ch. 1226. ) ## CHAPTER 2. California Rehabilitation Center [3300 - 3313] ( Chapter 2 added by Stats. 1965, Ch. 1226. ) ## 3304. A warden shall be appointed for the California Rehabilitation Center pursuant to Section 6050 of the Penal Code, and the Director of Corrections shall appoint, subject to civil service, such other officers and employees as may be necessary. (Amended by Stats. 1989, Ch. 1420, Sec. 25.)
3305.
## Welfare and Institutions Code - WIC ## DIVISION 3. NARCOTIC ADDICTS [3200 - 3313] ( Division 3 added by Stats. 1965, Ch. 1226. ) ## CHAPTER 2. California Rehabilitation Center [3300 - 3313] ( Chapter 2 added by Stats. 1965, Ch. 1226. )
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The Director of Corrections is vested with supervision, management, and control of the California Rehabilitation Center, and with responsibility for the care, custody, training, discipline, employment, and treatment of people confined there.

## Welfare and Institutions Code - WIC ## DIVISION 3. NARCOTIC ADDICTS [3200 - 3313] ( Division 3 added by Stats. 1965, Ch. 1226. ) ## CHAPTER 2. California Rehabilitation Center [3300 - 3313] ( Chapter 2 added by Stats. 1965, Ch. 1226. ) ## 3305. The supervision, management and control of the California Rehabilitation Center and the responsibility for the care, custody, training, discipline, employment, and treatment of the persons confined in the center are vested in the Director of Corrections. Part 3 (commencing with Section 1999) of the Penal Code applies to the institution as a prison under the jurisdiction of the Department of Corrections and to the persons confined in the institution insofar as those provisions may be applicable. (Amended by Stats. 1985, Ch. 106, Sec. 173.)
3306.
## Welfare and Institutions Code - WIC ## DIVISION 3. NARCOTIC ADDICTS [3200 - 3313] ( Division 3 added by Stats. 1965, Ch. 1226. ) ## CHAPTER 2. California Rehabilitation Center [3300 - 3313] ( Chapter 2 added by Stats. 1965, Ch. 1226. )
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The Director of Corrections may approve temporary removal of a confined person from the California Rehabilitation Center, may require custody during removal, may require reimbursement for non-medical removal costs, and may authorize conservation camp assignments under specific regulations.

## Welfare and Institutions Code - WIC ## DIVISION 3. NARCOTIC ADDICTS [3200 - 3313] ( Division 3 added by Stats. 1965, Ch. 1226. ) ## CHAPTER 2. California Rehabilitation Center [3300 - 3313] ( Chapter 2 added by Stats. 1965, Ch. 1226. ) ## 3306. The Director of Corrections may authorize the temporary removal from the California Rehabilitation Center or any of its branches under the jurisdiction of the Department of Corrections of any person confined therein. The director may require that such temporary removal be under custody. Unless the person is removed for medical treatment, the removal shall not be for a period longer than three days. The director may require the person to reimburse the state, in whole or in part, for expenses incurred by the state in connection with such temporary removal other than for medical treatment. Under specific regulations established by the director for the selection of confined persons, the director may authorize assignment to conservation camp programs. (Amended by Stats. 1971, Ch. 1124.)
3307.
## Welfare and Institutions Code - WIC ## DIVISION 3. NARCOTIC ADDICTS [3200 - 3313] ( Division 3 added by Stats. 1965, Ch. 1226. ) ## CHAPTER 2. California Rehabilitation Center [3300 - 3313] ( Chapter 2 added by Stats. 1965, Ch. 1226. )
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The Director of Corrections may establish and operate community correctional centers.

## Welfare and Institutions Code - WIC ## DIVISION 3. NARCOTIC ADDICTS [3200 - 3313] ( Division 3 added by Stats. 1965, Ch. 1226. ) ## CHAPTER 2. California Rehabilitation Center [3300 - 3313] ( Chapter 2 added by Stats. 1965, Ch. 1226. ) ## 3307. The Director of Corrections may establish and operate facilities to be known as community correctional centers. (Added by Stats. 1971, Ch. 1124.)
3308.
## Welfare and Institutions Code - WIC ## DIVISION 3. NARCOTIC ADDICTS [3200 - 3313] ( Division 3 added by Stats. 1965, Ch. 1226. ) ## CHAPTER 2. California Rehabilitation Center [3300 - 3313] ( Chapter 2 added by Stats. 1965, Ch. 1226. )
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These facilities are intended to provide housing, supervision, counseling, and other correctional programs for persons committed to the Director of Corrections.

## Welfare and Institutions Code - WIC ## DIVISION 3. NARCOTIC ADDICTS [3200 - 3313] ( Division 3 added by Stats. 1965, Ch. 1226. ) ## CHAPTER 2. California Rehabilitation Center [3300 - 3313] ( Chapter 2 added by Stats. 1965, Ch. 1226. ) ## 3308. The primary purpose of such facilities is to provide housing, supervision, counseling, and other correctional programs for persons committed to the Director of Corrections. (Added by Stats. 1971, Ch. 1124.)
3309.
## Welfare and Institutions Code - WIC ## DIVISION 3. NARCOTIC ADDICTS [3200 - 3313] ( Division 3 added by Stats. 1965, Ch. 1226. ) ## CHAPTER 2. California Rehabilitation Center [3300 - 3313] ( Chapter 2 added by Stats. 1965, Ch. 1226. )
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Starting July 1, 2005, the Secretary of the Department of Corrections and Rehabilitation must make rules and regulations for community correctional centers.

## Welfare and Institutions Code - WIC ## DIVISION 3. NARCOTIC ADDICTS [3200 - 3313] ( Division 3 added by Stats. 1965, Ch. 1226. ) ## CHAPTER 2. California Rehabilitation Center [3300 - 3313] ( Chapter 2 added by Stats. 1965, Ch. 1226. ) ## 3309. Commencing July 1, 2005, the Secretary of the Department of Corrections and Rehabilitation shall make rules and regulations for the government of the community correctional centers in the management of their affairs. (Amended by Stats. 2005, Ch. 10, Sec. 97. Effective May 10, 2005. Operative July 1, 2005, by Sec. 99 of Ch. 10.)
331.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 8. Dependent Children—Commencement of Proceedings [325 - 342] ( Article 8 added by Stats. 1976, Ch. 1068. )
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This section lets certain people ask the juvenile court to review a social worker’s decision not to file a petition, and it requires the juvenile court to send its written decision to the probate court within five days after review.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 8. Dependent Children—Commencement of Proceedings [325 - 342] ( Article 8 added by Stats. 1976, Ch. 1068. ) ## 331. (a) If a person has applied to the social worker, pursuant to Section 329, to commence juvenile court proceedings and the social worker does not file a petition within three weeks after the application, the person may, within one month after making the application, apply to the juvenile court to review the decision of the social worker, and the court may either affirm the decision of the social worker or, if it finds that the child is, prima facie, described by Section 300, order the social worker to commence juvenile court proceedings. (b) If the probate court has referred a matter to the child welfare agency pursuant to Section 1513 of the Probate Code, and the agency does not file a petition to commence juvenile court proceedings within three weeks of the referral, the probate court or counsel appointed by the probate court pursuant to Section 1470 of the Probate Code to represent the child may, within one month after the referral, request that the juvenile court review the decision of the social worker not to file a petition. The request shall contain the probate court referral made pursuant to subdivision (b) of Section 1513 of the Probate Code and the social worker’s report, if available to the court, and need not contain any additional information. The juvenile court may either affirm the decision of the social worker or, if it finds that the child is, prima facie, described by Section 300, order the social worker to commence juvenile court proceedings. (1) Either the appointment of a temporary probate guardian or any delay attributable to the child welfare investigation shall not preclude the juvenile court from ordering the social worker to commence dependency proceedings or from hearing and determining a petition alleging that the child is described by Section 300. (2) The juvenile court shall, within five days of completing its review, transmit its decision, in writing, to the probate court. The probate court shall file the decision in question in the guardianship proceeding and shall make it available only to persons entitled to receive reports pursuant to subdivision (d) of Section 1513 of the Probate Code. (Amended by Stats. 2021, Ch. 578, Sec. 5. (AB 260) Effective January 1, 2022.)
331.5.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 8. Dependent Children—Commencement of Proceedings [325 - 342] ( Article 8 added by Stats. 1976, Ch. 1068. )
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If the agency does not start a service program in time, the referring agency may ask the social worker to review the decision within 10 court days after notice.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 8. Dependent Children—Commencement of Proceedings [325 - 342] ( Article 8 added by Stats. 1976, Ch. 1068. ) ## 331.5. When any officer has referred or delivered a child to an agency pursuant to Section 307.5, and that agency does not initiate a service program for the child within the time periods required by Section 328.3, the referring agency may, within 10 court days following receipt of the notification from the referral agency, apply to the social worker for a review of that decision. (Amended by Stats. 1998, Ch. 1054, Sec. 14. Effective January 1, 1999.)
3310.
## Welfare and Institutions Code - WIC ## DIVISION 3. NARCOTIC ADDICTS [3200 - 3313] ( Division 3 added by Stats. 1965, Ch. 1226. ) ## CHAPTER 2. California Rehabilitation Center [3300 - 3313] ( Chapter 2 added by Stats. 1965, Ch. 1226. )
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The Director of Corrections may transfer people confined in the California Rehabilitation Center, or its branches, to community correctional centers and may place them on outpatient status there.

## Welfare and Institutions Code - WIC ## DIVISION 3. NARCOTIC ADDICTS [3200 - 3313] ( Division 3 added by Stats. 1965, Ch. 1226. ) ## CHAPTER 2. California Rehabilitation Center [3300 - 3313] ( Chapter 2 added by Stats. 1965, Ch. 1226. ) ## 3310. The Director of Corrections may transfer persons confined in the California Rehabilitation Center, or branches thereof, to community correctional centers and place persons on outpatient status in community correctional centers. (Added by Stats. 1971, Ch. 1124.)
3311.
## Welfare and Institutions Code - WIC ## DIVISION 3. NARCOTIC ADDICTS [3200 - 3313] ( Division 3 added by Stats. 1965, Ch. 1226. ) ## CHAPTER 2. California Rehabilitation Center [3300 - 3313] ( Chapter 2 added by Stats. 1965, Ch. 1226. )
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The Director of Corrections may grant furloughs to residents of community correctional centers for employment, education, vocational training, or arranging a suitable employment and residence program.

## Welfare and Institutions Code - WIC ## DIVISION 3. NARCOTIC ADDICTS [3200 - 3313] ( Division 3 added by Stats. 1965, Ch. 1226. ) ## CHAPTER 2. California Rehabilitation Center [3300 - 3313] ( Chapter 2 added by Stats. 1965, Ch. 1226. ) ## 3311. The Director of Corrections may grant furloughs to residents of community correctional centers for the purpose of employment, education, including vocational training, or arranging a suitable employment and residence program. (Added by Stats. 1971, Ch. 1124.)
3313.
## Welfare and Institutions Code - WIC ## DIVISION 3. NARCOTIC ADDICTS [3200 - 3313] ( Division 3 added by Stats. 1965, Ch. 1226. ) ## CHAPTER 2. California Rehabilitation Center [3300 - 3313] ( Chapter 2 added by Stats. 1965, Ch. 1226. )
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The Department of Finance and the Department of Corrections and Rehabilitation must release a report and submit it with the Governor’s 2016–17 Budget to specified legislative committees.

## Welfare and Institutions Code - WIC ## DIVISION 3. NARCOTIC ADDICTS [3200 - 3313] ( Division 3 added by Stats. 1965, Ch. 1226. ) ## CHAPTER 2. California Rehabilitation Center [3300 - 3313] ( Chapter 2 added by Stats. 1965, Ch. 1226. ) ## 3313. (a) The Department of Finance and the Department of Corrections and Rehabilitation shall release a report that provides an updated comprehensive plan for the state prison system, including a permanent solution to the decaying infrastructure of the California Rehabilitation Center. The report shall be submitted with the Governor’s 2016–17 Budget to the Assembly Committee on Appropriations, the Assembly Committee on Budget, the Senate Committee on Appropriations, the Senate Committee on Budget and Fiscal Review, and the Joint Legislative Budget Committee. (b) The Legislature finds and declares that given the reduction in the prison population, further investment in building additional prisons is unnecessary at this time, and that the California Rehabilitation Center may be closed without jeopardizing the court-ordered prison population cap. (Added by Stats. 2015, Ch. 26, Sec. 43. (SB 85) Effective June 24, 2015.)
332.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 8. Dependent Children—Commencement of Proceedings [325 - 342] ( Article 8 added by Stats. 1976, Ch. 1068. )
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A petition to start juvenile dependency proceedings must be verified and include specific required information.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 8. Dependent Children—Commencement of Proceedings [325 - 342] ( Article 8 added by Stats. 1976, Ch. 1068. ) ## 332. A petition to commence proceedings in the juvenile court to declare a child a dependent child of the court shall be verified and shall contain all of the following: (a) The name of the court to which it is addressed. (b) The title of the proceeding. (c) The code section and the subdivision under which the proceedings are instituted. If it is alleged that the child is a person described by subdivision (e) of Section 300, the petition shall include an allegation pursuant to that section. (d) The name, age, and address, if any, of the child upon whose behalf the petition is brought. If it is known or there is reason to know the child is an Indian child, the petition shall also include the last known address of the child. (e) The names and residence addresses, if known to the petitioner, of all parents, any guardian of the child, and any Indian custodian. If there is no parent, guardian, or Indian custodian residing within the state, or if his or her place of residence is not known to the petitioner, the petition shall also contain the name and residence address, if known, of any adult relative residing within the county, or, if there is none, the adult relative residing nearest to the location of the court. If it is known to the petitioner that one of the parents is a victim of domestic violence and that parent is currently living separately from the batterer-parent, the address of the victim-parent shall remain confidential. (f) A concise statement of facts, separately stated, to support the conclusion that the child upon whose behalf the petition is being brought is a person within the definition of each of the sections and subdivisions under which the proceedings are being instituted. (g) The fact that the child upon whose behalf the petition is brought is detained in custody or is not detained in custody, and if he or she is detained in custody, the date and the precise time the child was taken into custody. (h) A notice to the father, mother, spouse, or other person liable for support of the child, of all of the following: (1) Section 903 makes that person, the estate of that person, and the estate of the child, liable for the cost of the care, support, and maintenance of the child in any county institution or any other place in which the child is placed, detained, or committed pursuant to an order of the juvenile court; (2) Section 903.1 makes that person, the estate of that person, and the estate of the child, liable for the cost to the county of legal services rendered to the child or the parent by a private attorney or a public defender appointed pursuant to the order of the juvenile court; (3) Section 903.2 makes that person, the estate of that person, and the estate of the child, liable for the cost to the county of the supervision of the child by the social worker pursuant to the order of the juvenile court; and (4) the liabilities established by these sections are joint and several. (Amended by Stats. 2018, Ch. 833, Sec. 24. (AB 3176) Effective January 1, 2019.)
333.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 8. Dependent Children—Commencement of Proceedings [325 - 342] ( Article 8 added by Stats. 1976, Ch. 1068. )
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A juvenile court may dismiss an unverified petition to commence proceedings under this chapter without prejudice.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 8. Dependent Children—Commencement of Proceedings [325 - 342] ( Article 8 added by Stats. 1976, Ch. 1068. ) ## 333. Any petition filed in juvenile court to commence proceedings pursuant to this chapter that is not verified may be dismissed without prejudice by such court. (Added by Stats. 1976, Ch. 1068.)
334.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 8. Dependent Children—Commencement of Proceedings [325 - 342] ( Article 8 added by Stats. 1976, Ch. 1068. )
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The juvenile court clerk must set a filed petition for hearing within 30 days, but if the minor is detained when the petition is filed, the hearing must be set within 15 judicial days.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 8. Dependent Children—Commencement of Proceedings [325 - 342] ( Article 8 added by Stats. 1976, Ch. 1068. ) ## 334. Upon the filing of the petition, the clerk of the juvenile court shall set the same for hearing within 30 days, except that in the case of a minor detained in custody at the time of the filing of the petition, the petition must be set for hearing within 15 judicial days from the date of the order of the court directing such detention. (Added by Stats. 1976, Ch. 1068.)
338.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 8. Dependent Children—Commencement of Proceedings [325 - 342] ( Article 8 added by Stats. 1976, Ch. 1068. )
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The juvenile court may issue a citation requiring a parent or guardian to appear, and requiring the person with custody or control of the minor to bring the minor, with personal service at least 24 hours before the stated appearance time.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 8. Dependent Children—Commencement of Proceedings [325 - 342] ( Article 8 added by Stats. 1976, Ch. 1068. ) ## 338. In addition to the notice provided in Sections 290.1 and 290.2 the juvenile court may issue its citation directing any parent or guardian of the person concerning whom a petition has been filed to appear at the time and place set for any hearing or financial evaluation under the provisions of this chapter, including a hearing under the provisions of Section 257, and directing any person having custody or control of the minor concerning whom the petition has been filed to bring such minor with him or her. The notice shall in addition state that a parent or guardian may be required to participate in a counseling program with the minor concerning whom the petition has been filed. Personal service of such citation shall be made at least 24 hours before the time stated therein for that appearance. (Amended by Stats. 2002, Ch. 416, Sec. 7. Effective January 1, 2003.)
339.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 8. Dependent Children—Commencement of Proceedings [325 - 342] ( Article 8 added by Stats. 1976, Ch. 1068. )
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If a citation cannot be served, is ignored, or is likely to be ineffective, the court may order a warrant of arrest against certain adults connected to the minor.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 8. Dependent Children—Commencement of Proceedings [325 - 342] ( Article 8 added by Stats. 1976, Ch. 1068. ) ## 339. In case such citation cannot be served, or the person served fails to obey it, or in any case in which it appears to the court that the citation will probably be ineffective, a warrant of arrest may issue on the order of the court either against the parent, or guardian, or the person having the custody of the minor, or with whom the minor is living. (Added by Stats. 1976, Ch. 1068.)
340.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 8. Dependent Children—Commencement of Proceedings [325 - 342] ( Article 8 added by Stats. 1976, Ch. 1068. )
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Section 340 allows a juvenile court to issue a protective custody warrant for a minor in specified child-welfare situations, and requires the child to be delivered to a social worker for investigation and services.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 8. Dependent Children—Commencement of Proceedings [325 - 342] ( Article 8 added by Stats. 1976, Ch. 1068. ) ## 340. (a) Whenever a petition has been filed in the juvenile court alleging that a minor comes within Section 300 and praying for a hearing on that petition, or whenever any subsequent petition has been filed praying for a hearing in the matter of the minor and it appears to the court that the circumstances of his or her home environment may endanger the health, person, or welfare of the minor, or whenever a dependent minor has run away from his or her court-ordered placement, a protective custody warrant may be issued immediately for the minor. (b) A protective custody warrant may be issued without filing a petition under Section 300 if the court finds probable cause to support all of the following: (1) The child is a person described in Section 300. (2) There is a substantial danger to the safety or to the physical or emotional health of the child. (3) There are no reasonable means to protect the child’s safety or physical health without removal. (c) Any child taken into protective custody pursuant to this section shall immediately be delivered to the social worker who shall investigate, pursuant to Section 309, the facts and circumstances of the child and the facts surrounding the child being taken into custody and attempt to maintain the child with the child’s family through the provision of services. (d) (1) Nothing in this section is intended to limit any other circumstance that permits a magistrate to issue a warrant for a person. (2) Nothing in this section is intended to limit a social worker from taking into and maintaining temporary custody of a minor pursuant to paragraph (2) of subdivision (a) of Section 306. (Amended by Stats. 2017, Ch. 262, Sec. 1. (AB 1401) Effective January 1, 2018.)
340.5.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 8. Dependent Children—Commencement of Proceedings [325 - 342] ( Article 8 added by Stats. 1976, Ch. 1068. )
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If a social worker is assigned to provide services to a dependent child, the juvenile court may issue a restraining order against the parents to stop threats of physical harm to the social worker or the social worker’s family.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 8. Dependent Children—Commencement of Proceedings [325 - 342] ( Article 8 added by Stats. 1976, Ch. 1068. ) ## 340.5. (a) Whenever pursuant to Article 10 (commencing with Section 360) a social worker is assigned to provide child welfare services, family reunification services, or other services to a dependent child of the juvenile court, the juvenile court may, for good cause shown and after an ex parte hearing, issue its order restraining the parents of the dependent child from threatening the social worker, or any member of the social worker’s family, with physical harm. (b) For purposes of this section, “good cause” means at least one threat of physical harm to the social worker, or any member of the social worker’s family, made by the person who is to be the subject of the restraining order, with the apparent ability to carry out the threat. (c) Violation of a restraining order issued pursuant to this section shall be punishable as contempt. (Added by Stats. 1991, Ch. 980, Sec. 1.)
341.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 8. Dependent Children—Commencement of Proceedings [325 - 342] ( Article 8 added by Stats. 1976, Ch. 1068. )
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The court, clerk, or an attorney may be required to issue subpoenas for witnesses and papers in certain juvenile court hearings, and the court may order witness fees paid from county funds.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 8. Dependent Children—Commencement of Proceedings [325 - 342] ( Article 8 added by Stats. 1976, Ch. 1068. ) ## 341. Upon request of the social worker, district attorney, the child, or the child’s parent, guardian, or custodian, or on the court’s own motion, the court or the clerk of the court, or an attorney, pursuant to Section 1985 of the Code of Civil Procedure, shall issue subpoenas requiring attendance and testimony of witnesses and production of papers at any hearing regarding a child who is alleged or determined by the court to be a person described by Section 300. When a person attends a juvenile court hearing as a witness upon a subpoena, in its discretion, the court may by an order on its minutes, direct the county auditor to draw his or her warrant upon the county treasurer in favor of the witness for witness fees in the amount and manner prescribed by Section 68093 of the Government Code. The fees are county charges. (Amended by Stats. 1998, Ch. 1054, Sec. 17. Effective January 1, 1999.)
342.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 8. Dependent Children—Commencement of Proceedings [325 - 342] ( Article 8 added by Stats. 1976, Ch. 1068. )
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If a petitioner has new facts about a minor already found to be described by Section 300, the petitioner must file a subsequent petition.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 8. Dependent Children—Commencement of Proceedings [325 - 342] ( Article 8 added by Stats. 1976, Ch. 1068. ) ## 342. (a) In any case in which a minor has been found to be a person described by Section 300 and the petitioner alleges new facts or circumstances, other than those under which the original petition was sustained, sufficient to state that the minor is a person described in Section 300, the petitioner shall file a subsequent petition. This section does not apply if the jurisdiction of the juvenile court has been terminated prior to the new allegations. (b) Unless otherwise provided by law, all procedures and hearings required for an original petition are applicable to a subsequent petition filed under this section. (Amended by Stats. 2017, Ch. 319, Sec. 129. (AB 976) Effective January 1, 2018.)
345.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 9. Dependent Children—Hearings [345 - 359] ( Article 9 added by Stats. 1976, Ch. 1068. )
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Juvenile court cases under this chapter must be heard in a special or separate session, with no other matters heard in that session, and certain detained-minor cases get calendar precedence.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 9. Dependent Children—Hearings [345 - 359] ( Article 9 added by Stats. 1976, Ch. 1068. ) ## 345. All cases under this chapter shall be heard at a special or separate session of the court, and no other matter shall be heard at such a session. No person on trial, awaiting trial, or under accusation of crime, other than a parent, guardian, or relative of the minor, shall be permitted to be present at any such session, except as a witness. Cases in which the minor is detained and the sole allegation is that the minor is a person described in Section 300 shall be granted precedence on the calendar of the court for the day on which the case is set for hearing. (Amended by Stats. 1987, Ch. 1485, Sec. 31.)
346.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 9. Dependent Children—Hearings [345 - 359] ( Article 9 added by Stats. 1976, Ch. 1068. )
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The public is generally barred from juvenile court hearings unless a parent or guardian requests it and the minor consents or requests it.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 9. Dependent Children—Hearings [345 - 359] ( Article 9 added by Stats. 1976, Ch. 1068. ) ## 346. Unless requested by a parent or guardian and consented to or requested by the minor concerning whom the petition has been filed, the public shall not be admitted to a juvenile court hearing. The judge or referee may nevertheless admit such persons as he deems to have a direct and legitimate interest in the particular case or the work of the court. (Amended by Stats. 1982, Ch. 978, Sec. 15. Effective September 13, 1982.)
347.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 9. Dependent Children—Hearings [345 - 359] ( Article 9 added by Stats. 1976, Ch. 1068. )
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In juvenile court hearings, the official court reporter must record the testimony and remarks in shorthand, and when directed or requested, must transcribe, certify, and file the record.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 9. Dependent Children—Hearings [345 - 359] ( Article 9 added by Stats. 1976, Ch. 1068. ) ## 347. At any juvenile court hearing conducted by a juvenile court judge, an official court reporter shall, and at any such hearing conducted by a juvenile court referee, the official reporter, as directed by the court, may take down in shorthand all the testimony and all of the statements and remarks of the judge and all persons appearing at the hearing; and, if directed by the judge, or requested by the person on whose behalf the petition was brought, or by his parent or legal guardian, or the attorneys of such persons, he must, within such reasonable time after the hearing of the petition as the court may designate, write out the same or such specific portions thereof as may be requested in plain and legible longhand or by typewriter or other printing machine and certify to the same as being correctly reported and transcribed, and when directed by the court, file the same with the clerk of the court. Unless otherwise directed by the judge, the costs of writing out and transcribing all or any portion of the reporter’s shorthand notes shall be paid in advance at the rates fixed for transcriptions in a civil action by the person requesting the same. (Added by Stats. 1976, Ch. 1068.)
348.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 9. Dependent Children—Hearings [345 - 359] ( Article 9 added by Stats. 1976, Ch. 1068. )
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Rules on variance and amendment of pleadings in civil actions also apply to petitions and proceedings under this chapter.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 9. Dependent Children—Hearings [345 - 359] ( Article 9 added by Stats. 1976, Ch. 1068. ) ## 348. The provisions of Chapter 8 (commencing with Section 469) of Title 6 of Part 2 of the Code of Civil Procedure relating to variance and amendment of pleadings in civil actions shall apply to petitions and proceedings under this chapter, to the same extent and with the same effect as if proceedings under this chapter were civil actions. (Added by Stats. 1976, Ch. 1068.)
349.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 9. Dependent Children—Hearings [345 - 359] ( Article 9 added by Stats. 1976, Ch. 1068. )
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In juvenile court hearings, certain minors, nonminor dependents, and notice recipients may attend, and eligible parties have a right to counsel of their choice.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 9. Dependent Children—Hearings [345 - 359] ( Article 9 added by Stats. 1976, Ch. 1068. ) ## 349. (a) A minor or nonminor dependent who is the subject of a juvenile court hearing, and any person entitled to notice of the hearing under Sections 290.1, 290.2, 291, 293, and 294 is entitled to be present at the hearing. (b) The minor or nonminor dependent and any person who is entitled to that notice has the right to be represented at the hearing by counsel of their own choice. (c) If the minor or nonminor dependent is present at the hearing, the court shall inform the minor or nonminor dependent that they have the right to address the court and participate in the hearing and the court shall allow the minor or nonminor dependent, if they so desire, to address the court and participate in the hearing. (d) For a minor who is 10 years of age or older, or for a nonminor dependent, if they are not present at the hearing, the court shall determine whether the minor or nonminor dependent was properly notified of their right to attend the hearing and inquire whether the minor or nonminor dependent was given an opportunity to attend. If that minor or nonminor dependent was not properly notified or if the minor or nonminor dependent wished to be present and was not given an opportunity to be present, the court shall continue the hearing to allow the minor or nonminor dependent to be present unless, in the case of a minor, the court finds that it is in the best interest of the minor not to continue the hearing. The court shall continue the hearing only for that period of time necessary to provide notice and secure the presence of the minor or nonminor dependent. The court may issue any and all orders reasonably necessary to ensure that the minor or nonminor dependent has an opportunity to attend. (e) Nothing in this section shall prevent or limit any minor’s or nonminor dependent’s right to attend or participate in the hearing. (Amended by Stats. 2025, Ch. 274, Sec. 2. (AB 651) Effective January 1, 2026.)
350.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 9. Dependent Children—Hearings [345 - 359] ( Article 9 added by Stats. 1976, Ch. 1068. )
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The juvenile court judge must control hearings to efficiently gather jurisdictional facts and welfare information. The section also allows confidential mediation in some cases, permits a minor’s testimony to be taken in chambers under stated conditions, and requires the court to act if the probation department fails to prove its case.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 9. Dependent Children—Hearings [345 - 359] ( Article 9 added by Stats. 1976, Ch. 1068. ) ## 350. (a) (1) The judge of the juvenile court shall control all proceedings during the hearings with a view to the expeditious and effective ascertainment of the jurisdictional facts and the ascertainment of all information relative to the present condition and future welfare of the person upon whose behalf the petition is brought. Except where there is a contested issue of fact or law, the proceedings shall be conducted in an informal nonadversary atmosphere with a view to obtaining the maximum cooperation of the minor upon whose behalf the petition is brought and all persons interested in his or her welfare with any provisions that the court may make for the disposition and care of the minor. (2) Each juvenile court is encouraged to develop a dependency mediation program to provide a problem-solving forum for all interested persons to develop a plan in the best interests of the child, emphasizing family preservation and strengthening. The Legislature finds that mediation of these matters assists the court in resolving conflict, and helps the court to intervene in a constructive manner in those cases where court intervention is necessary. Notwithstanding any other provision of law, no person, except the mediator, who is required to report suspected child abuse pursuant to the Child Abuse and Neglect Reporting Act (Article 2.5 (commencing with Section 11164) of Chapter 2 of Title 1 of Part 4 of the Penal Code), shall be exempted from those requirements under Chapter 2 (commencing with Section 1115) of Division 9 of the Evidence Code because he or she agreed to participate in a dependency mediation program established in the juvenile court. If a dependency mediation program has been established in a juvenile court, and if mediation is requested by any person who the judge or referee deems to have a direct and legitimate interest in the particular case, or on the court’s own motion, the matter may be set for confidential mediation to develop a plan in the best interests of the child, utilizing resources within the family first and within the community if required. (b) The testimony of a minor may be taken in chambers and outside the presence of the minor’s parent or parents, if the minor’s parent or parents are represented by counsel, the counsel is present and any of the following circumstances exist: (1) The court determines that testimony in chambers is necessary to ensure truthful testimony. (2) The minor is likely to be intimidated by a formal courtroom setting. (3) The minor is afraid to testify in front of his or her parent or parents. After testimony in chambers, the parent or parents of the minor may elect to have the court reporter read back the testimony or have the testimony summarized by counsel for the parent or parents. The testimony of a minor also may be taken in chambers and outside the presence of the guardian or guardians of a minor under the circumstances specified in this subdivision. (c) At any hearing in which the probation department bears the burden of proof, after the presentation of evidence on behalf of the probation department and the minor has been closed, the court, on motion of the minor, parent, or guardian, or on its own motion, shall order whatever action the law requires of it if the court, upon weighing all of the evidence then before it, finds that the burden of proof has not been met. That action includes, but is not limited to, the dismissal of the petition and release of the minor at a jurisdictional hearing, the return of the minor at an out-of-home review held prior to the permanency planning hearing, or the termination of jurisdiction at an in-home review. If the motion is not granted, the parent or guardian may offer evidence without first having reserved that right. (Amended by Stats. 1997, Ch. 772, Sec. 12. Effective January 1, 1998.)
3500.
## Welfare and Institutions Code - WIC ## DIVISION 3.5. California Health and Human Services Agency Departments: Public Notice Requirements [3500- 3500.] ( Division 3.5 added by Stats. 2015, Ch. 296, Sec. 2. )
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If a department in the California Health and Human Services Agency gets approval for an operational state plan or a waiver, it must publish a hyperlink to the approved plans and waivers on its homepage so the public can access them.

## Welfare and Institutions Code - WIC ## DIVISION 3.5. California Health and Human Services Agency Departments: Public Notice Requirements [3500- 3500.] ( Division 3.5 added by Stats. 2015, Ch. 296, Sec. 2. ) ## 3500. If a department within the California Health and Human Services Agency has received approval of an operational state plan by a federal agency, or has applied and has been approved for a waiver from a federal law or federal regulation, the department shall make any and all approved plans and waivers available to the public by publishing a hyperlink to that information on the homepage of the department’s Internet Web site. (Added by Stats. 2015, Ch. 296, Sec. 2. (AB 294) Effective January 1, 2016.)
352.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 9. Dependent Children—Hearings [345 - 359] ( Article 9 added by Stats. 1976, Ch. 1068. )
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The court may continue a juvenile hearing on request, but only for good cause and only if the delay is not against the minor’s interest.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 9. Dependent Children—Hearings [345 - 359] ( Article 9 added by Stats. 1976, Ch. 1068. ) ## 352. (a) (1) Upon request of counsel for the parent, guardian, minor, or petitioner, the court may continue any hearing under this chapter beyond the time limit within which the hearing is otherwise required to be held, provided that a continuance shall not be granted that is contrary to the interest of the minor. In considering the minor’s interests, the court shall give substantial weight to a minor’s need for prompt resolution of his or her custody status, the need to provide children with stable environments, and the damage to a minor of prolonged temporary placements. (2) Continuances shall be granted only upon a showing of good cause and only for that period of time shown to be necessary by the evidence presented at the hearing on the motion for the continuance. Neither a stipulation between counsel nor the convenience of the parties is in and of itself a good cause. Further, neither a pending criminal prosecution nor family law matter shall be considered in and of itself as good cause. Whenever any continuance is granted, the facts proven which require the continuance shall be entered upon the minutes of the court. (3) In order to obtain a motion for a continuance of the hearing, written notice shall be filed at least two court days prior to the date set for hearing, together with affidavits or declarations detailing specific facts showing that a continuance is necessary, unless the court for good cause entertains an oral motion for continuance. (b) Notwithstanding any other law, if a minor has been removed from the parents’ or guardians’ custody, a continuance shall not be granted that would result in the dispositional hearing, held pursuant to Section 361, being completed longer than 60 days, or 30 days in the case of an Indian child, after the hearing at which the minor was ordered removed or detained, unless the court finds that there are exceptional circumstances requiring a continuance. If the court knows or has reason to know that the child is an Indian child, the absence of the opinion of a qualified expert witness shall not, in and of itself, support a finding that exceptional circumstances exist. The facts supporting a continuance shall be entered upon the minutes of the court. The court shall not grant continuances that would cause the hearing pursuant to Section 361 to be completed more than six months after the hearing pursuant to Section 319. (c) In any case in which the parent, guardian, or minor is represented by counsel and no objection is made to an order continuing any such hearing beyond the time limit within which the hearing is otherwise required to be held, the absence of such an objection shall be deemed a consent to the continuance. The consent does not affect the requirements of subdivision (a). (Amended by Stats. 2018, Ch. 833, Sec. 25. (AB 3176) Effective January 1, 2019.)
353.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 9. Dependent Children—Hearings [345 - 359] ( Article 9 added by Stats. 1976, Ch. 1068. )
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At the start of the hearing, the judge or clerk must read the petition. If requested, the judge must explain the allegations and the hearing, and the court must ensure counsel rights are understood and appoint counsel when eligible.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 9. Dependent Children—Hearings [345 - 359] ( Article 9 added by Stats. 1976, Ch. 1068. ) ## 353. At the beginning of the hearing on a petition filed pursuant to Article 8 (commencing with Section 325) of this chapter, the judge or clerk shall first read the petition to those present. Upon request of any parent, guardian, or adult relative, counsel for the minor, or the minor, if he or she is present, the judge shall explain any term of allegation contained therein and the nature of the hearing, its procedures, and possible consequences. The judge shall ascertain whether the parent, guardian, or adult relative and, when required by Section 317, the minor have been informed of their right to be represented by counsel, and if not, the judge shall advise those persons, if present, of the right to have counsel present and where applicable, of the right to appointed counsel. If such a person is unable to afford counsel and desires to be represented by counsel, the court shall appoint counsel in accordance with Section 317. The court shall continue the hearing for not to exceed seven days, as necessary to make an appointment of counsel, or to enable counsel to acquaint himself or herself with the case, or to determine whether the parent or guardian or adult relative is unable to afford counsel at his or her own expense, and shall continue the hearing as necessary to provide reasonable opportunity for the minor and the parent or guardian or adult relative to prepare for the hearing. (Amended by Stats. 1989, Ch. 913, Sec. 7.)
353.1.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 9. Dependent Children—Hearings [345 - 359] ( Article 9 added by Stats. 1976, Ch. 1068. )
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The court must tell a dependent child about Section 388 rights and how to file a Section 388 petition at the hearing.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 9. Dependent Children—Hearings [345 - 359] ( Article 9 added by Stats. 1976, Ch. 1068. ) ## 353.1. (a) At the hearing on a petition filed pursuant to Article 8 (commencing with Section 325) of this chapter, any person adjudged a dependent child of the juvenile court shall be informed, both orally and in writing by the court as provided in subdivision (b), of both of the following: (1) His or her rights pursuant to Section 388. (2) The procedure for bringing a petition pursuant to Section 388, including the availability of all appropriate and necessary Judicial Council forms. (b) Where the dependent child has attained the age of 12 years, the court shall directly inform the child as required by subdivision (a) in clear language appropriate for the child’s level of cognitive development. Where the dependent child is under the age of 12 years, the court shall inform the child as required by subdivision (a) through the child’s guardian ad litem or legal counsel. (Amended by Stats. 1995, Ch. 91, Sec. 184. Effective January 1, 1996.)
354.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 9. Dependent Children—Hearings [345 - 359] ( Article 9 added by Stats. 1976, Ch. 1068. )
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The court may continue certain juvenile hearing petitions for up to 10 days if a necessary witness will be available within that time, except when the minor is in custody.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 9. Dependent Children—Hearings [345 - 359] ( Article 9 added by Stats. 1976, Ch. 1068. ) ## 354. Except where a minor is in custody, any hearing on a petition filed pursuant to Article 8 (commencing with Section 325) of this chapter may be continued by the court for not more than 10 days in addition to any other continuance authorized in this chapter whenever the court is satisfied that an unavailable and necessary witness will be available within such time. If the court knows or has reason to know that the child is an Indian child, the failure to retain in a timely manner the services of a qualified expert witness shall not, in and of itself, demonstrate that a necessary witness is unavailable. (Amended by Stats. 2018, Ch. 833, Sec. 26. (AB 3176) Effective January 1, 2019.)
355.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 9. Dependent Children—Hearings [345 - 359] ( Article 9 added by Stats. 1976, Ch. 1068. )
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At a jurisdictional hearing, the court must focus first on whether the minor falls within Section 300, and certain evidence rules, hearsay limits, cross-examination rights, and a possible continuance apply.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 9. Dependent Children—Hearings [345 - 359] ( Article 9 added by Stats. 1976, Ch. 1068. ) ## 355. (a) At the jurisdictional hearing, the court shall first consider only the question whether the minor is a person described by Section 300. Any legally admissible evidence that is relevant to the circumstances or acts that are alleged to bring the minor within the jurisdiction of the juvenile court is admissible and may be received in evidence. Proof by a preponderance of evidence must be adduced to support a finding that the minor is a person described by Section 300. Objections that could have been made to evidence introduced shall be deemed to have been made by a parent or guardian who is present at the hearing and unrepresented by counsel, unless the court finds that the parent or guardian has made a knowing and intelligent waiver of the right to counsel. Objections that could have been made to evidence introduced shall be deemed to have been made by an unrepresented child. (b) A social study prepared by the petitioning agency, and hearsay evidence contained in it, is admissible and constitutes competent evidence upon which a finding of jurisdiction pursuant to Section 300 may be based, to the extent allowed by subdivisions (c) and (d). (1) For purposes of this section, “social study” means any written report furnished to the juvenile court and to all parties or their counsel by the county probation or welfare department in any matter involving the custody, status, or welfare of a minor in a dependency proceeding pursuant to Article 6 (commencing with Section 300) to Article 12 (commencing with Section 385), inclusive. (2) The preparer of the social study shall be made available for cross-examination upon a timely request by a party. The court may deem the preparer available for cross-examination if it determines that the preparer is on telephone standby and can be present in court within a reasonable time of the request. (3) The court may grant a reasonable continuance not to exceed 10 days upon request by any party if the social study is not provided to the parties or their counsel within a reasonable time before the hearing. (c) (1) If a party to the jurisdictional hearing raises a timely objection to the admission of specific hearsay evidence contained in a social study, the specific hearsay evidence shall not be sufficient by itself to support a jurisdictional finding or any ultimate fact upon which a jurisdictional finding is based, unless the petitioner establishes one or more of the following exceptions: (A) The hearsay evidence would be admissible in any civil or criminal proceeding under any statutory or decisional exception to the prohibition against hearsay. (B) The hearsay declarant is a minor under 12 years of age who is the subject of the jurisdictional hearing. However, the hearsay statement of a minor under 12 years of age shall not be admissible if the objecting party establishes that the statement is unreliable because it was the product of fraud, deceit, or undue influence. (C) The hearsay declarant is a peace officer as defined by Chapter 4.5 (commencing with Section 830) of Title 3 of Part 2 of the Penal Code, a health practitioner described in paragraphs (21) to (28), inclusive, of subdivision (a) of Section 11165.7 of the Penal Code, a social worker licensed pursuant to Chapter 14 (commencing with Section 4991) of Division 2 of the Business and Professions Code, or a teacher who holds a credential pursuant to Chapter 2 (commencing with Section 44200) of Part 25 of Division 3 of Title 2 of the Education Code. For the purpose of this subdivision, evidence in a declaration is admissible only to the extent that it would otherwise be admissible under this section or if the declarant were present and testifying in court. (D) The hearsay declarant is available for cross-examination. For purposes of this section, the court may deem a witness available for cross-examination if it determines that the witness is on telephone standby and can be present in court within a reasonable time of a request to examine the witness. (2) For purposes of this subdivision, an objection is timely if it identifies with reasonable specificity the disputed hearsay evidence and it gives the petitioner a reasonable period of time to meet the objection prior to a contested hearing. (d) This section shall not be construed to limit the right of a party to the jurisdictional hearing to subpoena a witness whose statement is contained in the social study or to introduce admissible evidence relevant to the weight of the hearsay evidence or the credibility of the hearsay declarant. (Amended by Stats. 2014, Ch. 71, Sec. 181. (SB 1304) Effective January 1, 2015.)
355.1.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 9. Dependent Children—Hearings [345 - 359] ( Article 9 added by Stats. 1976, Ch. 1068. )
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A court may direct a child protective agency representative to act when it believes a child has suffered criminal abuse or neglect.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 9. Dependent Children—Hearings [345 - 359] ( Article 9 added by Stats. 1976, Ch. 1068. ) ## 355.1. (a) Where the court finds, based upon competent professional evidence, that an injury, injuries, or detrimental condition sustained by a minor is of a nature as would ordinarily not be sustained except as the result of the unreasonable or neglectful acts or omissions of either parent, the guardian, or other person who has the care or custody of the minor, that finding shall be prima facie evidence that the minor is a person described by subdivision (a), (b), or (d) of Section 300. (b) Proof that either parent, the guardian, or other person who has the care or custody of a minor who is the subject of a petition filed under Section 300 has physically abused, neglected, or cruelly treated another minor shall be admissible in evidence. (c) The presumption created by subdivision (a) constitutes a presumption affecting the burden of producing evidence. (d) Where the court finds that either a parent, a guardian, or any other person who resides with, or has the care or custody of, a minor who is currently the subject of the petition filed under Section 300 (1) has been previously convicted of sexual abuse as defined in Section 11165.1 of the Penal Code, (2) has been previously convicted of an act in another state that would constitute sexual abuse as defined in Section 11165.1 of the Penal Code if committed in this state, (3) has been found in a prior dependency hearing or similar proceeding in the corresponding court of another state to have committed an act of sexual abuse, or (4) is required, as the result of a felony conviction, to register as a sex offender pursuant to Section 290 of the Penal Code, that finding shall be prima facie evidence in any proceeding that the subject minor is a person described by subdivision (a), (b), (c), or (d) of Section 300 and is at substantial risk of abuse or neglect. The prima facie evidence constitutes a presumption affecting the burden of producing evidence. (e) Where the court believes that a child has suffered criminal abuse or neglect, the court may direct a representative of the child protective agency to take action pursuant to subdivision (i) of Section 11166 of the Penal Code. (f) Testimony by a parent, guardian, or other person who has the care or custody of the minor made the subject of a proceeding under Section 300 shall not be admissible as evidence in any other action or proceeding. (Amended by Stats. 1999, Ch. 417, Sec. 2. Effective September 16, 1999.)
356.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 9. Dependent Children—Hearings [345 - 359] ( Article 9 added by Stats. 1976, Ch. 1068. )
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After hearing the evidence, the court must decide whether the minor is a person described by Section 300 and, if not, dismiss the petition and release the minor from any detention or restriction ordered.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 9. Dependent Children—Hearings [345 - 359] ( Article 9 added by Stats. 1976, Ch. 1068. ) ## 356. After hearing the evidence, the court shall make a finding, noted in the minutes of the court, whether or not the minor is a person described by Section 300 and the specific subdivisions of Section 300 under which the petition is sustained. If it finds that the minor is not such a person, it shall order that the petition be dismissed and the minor be discharged from any detention or restriction theretofore ordered. If the court finds that the minor is such a person, it shall make and enter its findings and order accordingly. (Amended by Stats. 1986, Ch. 1122, Sec. 9.)
356.5.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 9. Dependent Children—Hearings [345 - 359] ( Article 9 added by Stats. 1976, Ch. 1068. )
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A court-appointed child advocate for a dependent child must have the same duties and responsibilities as a guardian ad litem, and must be trained by and work under a court appointed special advocate guardian ad litem program.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 9. Dependent Children—Hearings [345 - 359] ( Article 9 added by Stats. 1976, Ch. 1068. ) ## 356.5. A child advocate appointed by the court to represent the interests of a dependent child in a proceeding under this chapter shall have the same duties and responsibilities as a guardian ad litem and shall be trained by and function under the auspices of a court appointed special advocate guardian ad litem program, formed and operating under the guidelines established by the National Court Appointed Special Advocate Association. (Added by Stats. 1985, Ch. 1341, Sec. 2.)
357.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 9. Dependent Children—Hearings [345 - 359] ( Article 9 added by Stats. 1976, Ch. 1068. )
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A court may order a minor temporarily held for observation if the court thinks the minor is mentally ill or is unsure about the minor’s mental health.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 9. Dependent Children—Hearings [345 - 359] ( Article 9 added by Stats. 1976, Ch. 1068. ) ## 357. Whenever the court, before or during the hearing on the petition, is of the opinion that the minor is mentally ill or if the court is in doubt concerning the mental health of any such person, the court may order that such person be held temporarily in the psychopathic ward of the county hospital or hospital whose services have been approved and/or contracted for by the department of health of the county, for observation and recommendation concerning the future care, supervision, and treatment of such person. (Added by Stats. 1976, Ch. 1068.)
358.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 9. Dependent Children—Hearings [345 - 359] ( Article 9 added by Stats. 1976, Ch. 1068. )
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This section requires the court to hear evidence and decide disposition in child dependency cases, with specific rules for continuances, required studies, relative diligence findings, and special proceedings for certain youth who are 18.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 9. Dependent Children—Hearings [345 - 359] ( Article 9 added by Stats. 1976, Ch. 1068. ) ## 358. (a) After finding that a child is a person described in Section 300, the court shall hear evidence on the question of the proper disposition to be made of the child. Prior to making a finding required by this section, the court may continue the hearing on its own motion, the motion of the parent or guardian, or the motion of the child, as follows: (1) If the child is detained during the continuance, and the social worker is not alleging that subdivision (b) of Section 361.5 is applicable, the continuance shall not exceed 10 judicial days. The court may make an order for detention of the child or for the child’s release from detention, during the period of continuance, as is appropriate. (2) If the child is not detained during the continuance, the continuance shall not exceed 30 days after the date of the finding pursuant to Section 356. However, the court may, for cause, continue the hearing for an additional 15 days. (3) If the social worker is alleging that subdivision (b) of Section 361.5 is applicable, the court shall continue the proceedings for a period not to exceed 30 days. The social worker shall notify each parent of the content of subdivision (b) of Section 361.5 and shall inform each parent that if the court does not order reunification a permanency planning hearing will be held, and that their parental rights may be terminated within the timeframes specified by law. (b) (1) Before determining the appropriate disposition, the court shall receive in evidence the social study of the child made by the social worker, any study or evaluation made by a child advocate appointed by the court, and other relevant and material evidence as may be offered, including, but not limited to, the willingness of the caregiver to provide legal permanency for the child if reunification is unsuccessful. In any judgment and order of disposition, the court shall specifically state that the social study made by the social worker and the study or evaluation made by the child advocate appointed by the court, if there be any, has been read and considered by the court in arriving at its judgment and order of disposition. Any social study or report submitted to the court by the social worker shall include the individual child’s case plan developed pursuant to Section 16501.1. (2) Whenever a child is removed from a parent’s or guardian’s custody, the court shall make a finding as to whether the social worker has exercised due diligence in conducting the investigation, as required pursuant to paragraph (1) of subdivision (e) of Section 309, to identify, locate, and notify the child’s relatives, including both maternal and paternal relatives. (3) When making the determination required pursuant to paragraph (2), the court may consider, among other examples of due diligence, the extent to which the social worker has complied with paragraph (1) of subdivision (e) of Section 309, and has done any of the following: (A) Asked the child, in an age-appropriate manner and consistent with the child’s best interest, about their relatives. (B) Obtained information regarding the location of the child’s relatives. (C) Reviewed the child’s case file for any information regarding the child’s relatives. (D) Telephoned, emailed, or visited all identified relatives. (E) Asked located relatives for the names and locations of other relatives. (F) Used internet search tools to locate relatives identified as supports. (c) If the court finds that a child is described by subdivision (h) of Section 300 or that subdivision (b) of Section 361.5 may be applicable, the court shall conduct the dispositional proceeding pursuant to subdivision (c) of Section 361.5. (d) (1) The court shall hold a dispositional proceeding for a youth 18 years of age if both of the following requirements are met: (A) The youth was found to be a minor described in Section 300 at a hearing pursuant to Section 355 prior to the youth attaining 18 years of age, and was continuously detained pursuant to subdivision (c) of Section 319. (B) The youth has provided informed consent to the dispositional proceeding. (2) For purposes of this subdivision, the fact that a youth has attained 18 years of age shall not be cause to relieve counsel appointed pursuant to Section 317. (3) A dispositional proceeding for a youth as described in paragraph (1) shall be held within 30 days of the date of the finding pursuant to Section 355. (4) At the dispositional proceeding, the court shall determine by clear and convincing evidence if at least one of the conditions described in subdivision (c) of Section 361 existed immediately prior to the youth attaining 18 years of age. (5) (A) If the youth does not provide informed consent to the dispositional proceeding, or the court does not find the criteria described in paragraph (4), the court shall vacate the temporary orders made under Section 319 and dependency or general jurisdiction shall not be retained. (B) If the court finds that the youth meets the criteria described in paragraph (4) but chooses not to remain in foster care, the court shall set a hearing for termination of jurisdiction pursuant to Section 391 within 30 days. (6) For purposes of the definition of “nonminor dependent” pursuant to subdivision (v) of Section 11400, an order for foster care placement made at disposition pursuant to this subdivision shall be treated as though the nonminor attained 18 years of age while under an order of foster care placement by the juvenile court. (7) Implementation of this subdivision is subject to federal approval of the state plan amendment made under Title IV-E of the federal Social Security Act (42 U.S.C. Sec. 670 et seq.), and shall be operative as of the date of federal approval. (8) On or before July 1, 2020, the Judicial Council shall amend or adopt rules of court, and shall develop or amend appropriate forms, as necessary to implement this subdivision. (Amended by Stats. 2019, Ch. 682, Sec. 1. (AB 748) Effective January 1, 2020.)
358.1.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 9. Dependent Children—Hearings [345 - 359] ( Article 9 added by Stats. 1976, Ch. 1068. )
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Social study or evaluation reports must cover specified child welfare topics, and the report must address educational decision-making limits when appropriate.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 9. Dependent Children—Hearings [345 - 359] ( Article 9 added by Stats. 1976, Ch. 1068. ) ## 358.1. Each social study or evaluation made by a social worker or child advocate appointed by the court, required to be received in evidence pursuant to Section 358, shall include, but not be limited to, a factual discussion of each of the following subjects: (a) Whether the county welfare department or social worker has considered either of the following: (1) Child protective services, as defined in Chapter 5 (commencing with Section 16500) of Part 4 of Division 9, as a possible solution to the problems at hand, and has offered these services to qualified parents if appropriate under the circumstances. (2) Whether the child can be returned to the custody of the child’s parent who is enrolled in a certified substance abuse treatment facility that allows a dependent child to reside with the child’s parent. (b) What plan, if any, for return of the child to the child’s parents and for achieving legal permanence for the child if efforts to reunify fail, is recommended to the court by the county welfare department or probation officer. (c) Whether the best interest of the child will be served by granting reasonable visitation rights with the child to the child’s grandparents, in order to maintain and strengthen the child’s family relationships. (d) (1) Whether the child has siblings under the court’s jurisdiction, and, if any siblings exist, all of the following: (A) The nature of the relationship between the child and the child’s siblings. (B) The appropriateness of developing or maintaining the sibling relationships pursuant to Section 16002. (C) If the siblings are not placed together in the same home, why the siblings are not placed together and what efforts are being made to place the siblings together, or why those efforts are not appropriate. (D) If the siblings are not placed together, all of the following: (i) The frequency and nature of the visits between the siblings. (ii) If there are visits between the siblings, whether the visits are supervised or unsupervised. If the visits are supervised, a discussion of the reasons why the visits are supervised, and what needs to be accomplished in order for the visits to be unsupervised. (iii) If there are visits between the siblings, a description of the location and length of the visits. (iv) Any plan to increase visitation between the siblings. (E) The impact of the sibling relationships on the child’s placement and planning for legal permanence. (2) The factual discussion shall include a discussion of indicators of the nature of the child’s sibling relationships, including, but not limited to, whether the siblings were raised together in the same home, whether the siblings have shared significant common experiences or have existing close and strong bonds, whether either sibling expresses a desire to visit or live with another sibling, as applicable, and whether ongoing contact is in the child’s best emotional interest. (e) If the parent or guardian is unwilling or unable to participate in making an educational decision for their child, or if other circumstances exist that compromise the ability of the parent or guardian to make educational decisions for the child, the county welfare department or social worker shall consider whether the right of the parent or guardian to make educational decisions for the child should be limited. If the study or evaluation makes that recommendation, it shall identify whether there is a responsible adult available to make educational decisions for the child pursuant to Section 361. (f) Whether the child appears to be a person who is eligible to be considered for further court action to free the child from parental custody and control. (g) Whether the parent has been advised of the child’s option to participate in adoption planning, including the option to enter into a postadoption contact agreement as described in Section 8616.5 of the Family Code, and to voluntarily relinquish the child for adoption if an adoption agency is willing to accept the relinquishment. (h) The appropriateness of any relative placement pursuant to Section 361.3. However, this consideration may not be cause for continuance of the dispositional hearing. (i) Whether the caregiver desires, and is willing, to provide legal permanency for the child if reunification is unsuccessful. (j) For an Indian child, in consultation with the Indian child’s tribe, whether tribal customary adoption is an appropriate permanent plan for the child if reunification is unsuccessful. (k) On and after the date that the director executes a declaration pursuant to Section 11217, whether the child has been placed in an approved relative’s home under a voluntary placement agreement for a period not to exceed 180 days, the parent or guardian is not interested in additional family maintenance or family reunification services, and the relative desires and is willing to be appointed the child’s legal guardian. (l) For a placement made on or after October 1, 2021, if the child has been placed in a short-term residential therapeutic program, the social study shall include the information specified in subdivision (c) of Section 361.22. (m) For a placement made on or after July 1, 2022, if the child has been placed in a community treatment facility, the social study shall include the information specified in subdivision (c) of Section 361.22. (Amended by Stats. 2022, Ch. 50, Sec. 16. (SB 187) Effective June 30, 2022.)
358.2.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 9. Dependent Children—Hearings [345 - 359] ( Article 9 added by Stats. 1976, Ch. 1068. )
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A court report under Section 358.1 must include copies of certain child and family team action plans that were completed on or after January 1, 2026 and were not already given to the court.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 9. Dependent Children—Hearings [345 - 359] ( Article 9 added by Stats. 1976, Ch. 1068. ) ## 358.2. The court report prepared pursuant to Section 358.1 shall include a copy of each child and family team action plan, as required by subparagraph (B) of paragraph (5) of subdivision (a) of Section 16501, that is completed on or after January 1, 2026, and was not previously provided to the court. (Repealed and added by Stats. 2025, Ch. 79, Sec. 3. (SB 119) Effective July 29, 2025.)
359.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 9. Dependent Children—Hearings [345 - 359] ( Article 9 added by Stats. 1976, Ch. 1068. )
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A juvenile court judge may continue the hearing and order a minor taken to a county-designated, state-approved 72-hour treatment and evaluation facility, and the facility must report the evaluation results to the court.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 9. Dependent Children—Hearings [345 - 359] ( Article 9 added by Stats. 1976, Ch. 1068. ) ## 359. (a) Whenever a minor who appears to be a danger to himself or others as a result of the use of narcotics, as defined in Section 11019 of the Health and Safety Code, or a restricted dangerous drug (as defined in former Section 11901 of the Health and Safety Code), is brought before any judge of the juvenile court, the judge may continue the hearing and proceed pursuant to this section. The court may order the minor taken to a facility designated by the county and approved by the State Department of Health Care Services as a facility for 72-hour treatment and evaluation. Thereupon the provisions of Section 11922 of the Health and Safety Code shall apply, except that the professional person in charge of the facility shall make a written report to the court concerning the results of the evaluation of the minor. (b) If the professional person in charge of the facility for 72-hour evaluation and treatment reports to the juvenile court that the minor is not a danger to himself or others as a result of the use of narcotics or restricted dangerous drugs or that the minor does not require 14-day intensive treatment, or if the minor has been certified for not more than 14 days of intensive treatment and the certification is terminated, the minor shall be released if the juvenile court proceedings have been dismissed; referred for further care and treatment on a voluntary basis, subject to the disposition of the juvenile court proceedings; or returned to the juvenile court, in which event the court shall proceed with the case pursuant to this chapter. (c) Any expenditure for the evaluation or intensive treatment of a minor under this section shall be considered an expenditure made under Part 2 (commencing with Section 5600) of Division 5, and shall be reimbursed by the state as are other local expenditures pursuant to that part. (Amended by Stats. 2013, Ch. 23, Sec. 27. (AB 82) Effective June 27, 2013.)
360.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 10. Dependent Children—Judgments and Orders [360 - 371] ( Article 10 added by Stats. 1976, Ch. 1068. )
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The juvenile court may make guardianship or dependency orders for a child described by Section 300, and it must advise the parent and child that reunification services will not be provided if a guardianship is established.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 10. Dependent Children—Judgments and Orders [360 - 371] ( Article 10 added by Stats. 1976, Ch. 1068. ) ## 360. After receiving and considering the evidence on the proper disposition of the case, the juvenile court may enter judgment as follows: (a) (1) Notwithstanding any other law, if the court finds that the child is a person described by Section 300 and the parent has advised the court that the parent is not interested in family maintenance or family reunification services and has executed a written waiver of any of those services, the court may, in addition to or in lieu of adjudicating the child a dependent child of the court, order a legal guardianship, appoint a legal guardian, and issue letters of guardianship, if the court determines that a guardianship is in the best interest of the child, provided the parent and the child agree to the guardianship, unless the child’s age or physical, emotional, or mental condition prevents the child’s meaningful response. The court shall advise the parent and the child that reunification services will not be provided as a result of the establishment of a guardianship. The proceeding for the appointment of a guardian shall be in the juvenile court. (2) If the parent designates a specific person to be the child’s guardian, and the child, or the child’s legal counsel if the child is under 12 years of age, does not object to that person’s appointment, and if the court finds that the proposed guardian agrees to the appointment as the child’s guardian, as well as all the rights and responsibilities of being a legal guardian, the court shall appoint the proposed guardian, unless it finds by a preponderance of the evidence that the person’s appointment would be contrary to the best interests of the child. The assessment under subdivision (g) of Section 361.5 shall be considered in determining the best interest of the child. If the child is an Indian child, as defined in Section 224.1, placement preferences shall be applied according to Section 361.31. (3) Any application for termination of guardianship shall be filed in juvenile court in a form as may be developed by the Judicial Council pursuant to Section 68511 of the Government Code. Sections 366.4 and 388 shall apply to this order of guardianship. (4) A person shall not be appointed a legal guardian under this section until an assessment as specified in subdivision (g) of Section 361.5 is read and considered by the court and reflected in the minutes of the court. (5) On and after the date that the director executes a declaration pursuant to Section 11217, if the court appoints an approved relative caregiver as the child’s legal guardian, the child has been in the care of that approved relative for a period of six consecutive months under a voluntary placement agreement, and the child otherwise meets the conditions for federal financial participation, the child shall be eligible for aid under the Kin-GAP Program as provided in Article 4.7 (commencing with Section 11385) of Chapter 2 of Part 3 of Division 9. The nonfederally eligible child placed with an approved relative caregiver who is appointed as the child’s legal guardian shall be eligible for aid under the state-funded Kin-GAP Program, as provided for in Article 4.5 (commencing with Section 11360) of Chapter 2 of Part 3 of Division 9. (6) The person responsible for preparing the assessment may be called and examined by any party to the guardianship proceeding. (b) If the court finds that the child is a person described by Section 300, it may, without adjudicating the child a dependent child of the court, order that services be provided to keep the family together and place the child and the child’s parent or guardian under the supervision of the social worker for a time period consistent with Section 301. (c) If the family subsequently is unable or unwilling to cooperate with the services being provided, the social worker may file a petition with the juvenile court pursuant to Section 332 alleging that a previous petition has been sustained and that disposition pursuant to subdivision (b) has been ineffective in ameliorating the situation requiring the child welfare services. Upon hearing the petition, the court shall order either that the petition shall be dismissed or that a new disposition hearing shall be held pursuant to subdivision (d). (d) If the court finds that the child is a person described by Section 300, it may order and adjudge the child to be a dependent child of the court. (Amended by Stats. 2022, Ch. 780, Sec. 2. (AB 2309) Effective January 1, 2023.)
361.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 10. Dependent Children—Judgments and Orders [360 - 371] ( Article 10 added by Stats. 1976, Ch. 1068. )
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This section lets a juvenile court limit a dependent child’s parents’ or custodians’ control, but the court must state the limits clearly and appoint a responsible adult for education or developmental-services decisions when required.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 10. Dependent Children—Judgments and Orders [360 - 371] ( Article 10 added by Stats. 1976, Ch. 1068. ) ## 361. (a) (1) In all cases in which a minor is adjudged a dependent child of the court on the ground that the minor is a person described by Section 300, the court may limit the control to be exercised over the dependent child by any parent, guardian, or Indian custodian and shall by its order clearly and specifically set forth all those limitations. Any limitation on the right of the parent, guardian, or Indian custodian to make educational or developmental services decisions for the child shall be specifically addressed in the court order. The limitations may not exceed those necessary to protect the child. If the court specifically limits the right of the parent, guardian, or Indian custodian to make educational or developmental services decisions for the child, or, for the nonminor dependent, if the court finds the appointment of a developmental services decisionmaker to be in the best interests of the nonminor dependent, the court shall at the same time appoint a responsible adult to make educational or developmental services decisions for the child or nonminor dependent until one of the following occurs: (A) The minor reaches 18 years of age, unless the child or nonminor dependent chooses not to make educational or developmental services decisions for themselves, or is deemed by the court to be incompetent. (B) Another responsible adult is appointed to make educational or developmental services decisions for the minor pursuant to this section. (C) The right of the parent, guardian, or Indian custodian to make educational or developmental services decisions for the minor is fully restored. (D) A successor guardian or conservator is appointed. (E) The child is placed into a planned permanent living arrangement pursuant to paragraph (5) of subdivision (g) of Section 366.21, Section 366.22, Section 366.26, or subdivision (i) of Section 366.3, at which time, for educational decisionmaking, the foster parent, relative caretaker, or nonrelative extended family member as defined in Section 362.7, has the right to represent the child in educational matters pursuant to Section 56055 of the Education Code, and for decisions relating to developmental services, unless the court specifies otherwise, the foster parent, relative caregiver, or nonrelative extended family member of the planned permanent living arrangement has the right to represent the child or nonminor dependent in matters related to developmental services. (2) An individual who would have a conflict of interest in representing the child or nonminor dependent shall not be appointed to make educational or developmental services decisions. For purposes of this section, “an individual who would have a conflict of interest” means a person having any interests that might restrict or bias their ability to make educational or developmental services decisions, including, but not limited to, those conflicts of interest prohibited by Section 1126 of the Government Code, and the receipt of compensation or attorney’s fees for the provision of services pursuant to this section. A foster parent shall not be deemed to have a conflict of interest solely because they receive compensation for the provision of services pursuant to this section. (3) Regardless of the person or persons currently holding the right to make educational decisions for the child, a foster parent, relative caregiver, nonrelated extended family member, or resource family shall retain rights and obligations regarding accessing and maintaining health and education information pursuant to Sections 49069.3 and 49076 of the Education Code and Section 16010 of this code. (4) (A) If the court limits the parent’s, guardian’s, or Indian custodian’s educational rights pursuant to this subdivision, the court shall determine whether there is a responsible adult who is a relative, nonrelative extended family member, or other adult known to the child who is available and willing to serve as the child’s educational representative before appointing an educational representative or surrogate who is not known to the child. (B) If the court cannot identify a responsible adult who is known to the child and available to make educational decisions for the child, subparagraphs (A) to (E), inclusive, of paragraph (1) do not apply, and the child has either been referred to the local educational agency for special education and related services, or has a valid individualized education program, the court shall refer the child to the local educational agency for appointment of a surrogate parent pursuant to Section 7579.5 of the Government Code. (C) If the court cannot identify a responsible adult to make educational decisions for the child, the appointment of a surrogate parent as defined in subdivision (a) of Section 56050 of the Education Code is not warranted, and there is no foster parent to exercise the authority granted by Section 56055 of the Education Code, the court may, with the input of any interested person, make educational decisions for the child. (5) (A) If the court appoints a developmental services decisionmaker pursuant to this section, they shall have the authority to access the child’s or nonminor dependent’s information and records pursuant to subdivision (u) of Section 4514 and paragraph (23) of subdivision (a) of Section 5328, and to act on the child’s or nonminor dependent’s behalf for the purposes of the individual program plan process pursuant to Sections 4646, 4646.5, and 4648 and the fair hearing process pursuant to Chapter 7 (commencing with Section 4700) of Division 4.5, and as set forth in the court order. (B) If the court cannot identify a responsible adult to make developmental services decisions for the child or nonminor dependent, the court may, with the input of any interested person, make developmental services decisions for the child or nonminor dependent. If the child is receiving services from a regional center, the provision of any developmental services related to the court’s decision must be consistent with the child’s or nonminor dependent’s individual program plan and pursuant to the provisions of the Lanterman Developmental Disabilities Services Act (Division 4.5 (commencing with Section 4500)). (6) All educational and school placement decisions shall seek to ensure that the child is in the least restrictive educational programs and has access to the academic resources, services, and extracurricular and enrichment activities that are available to all pupils. In all instances, educational and school placement decisions shall be based on the best interests of the child. If an educational representative or surrogate is appointed for the child, the representative or surrogate shall meet with the child, shall investigate the child’s educational needs and whether those needs are being met, and shall, prior to each review hearing held under this article, provide information and recommendations concerning the child’s educational needs to the child’s social worker, make written recommendations to the court, or attend the hearing and participate in those portions of the hearing that concern the child’s education. (7) Nothing in this section in any way removes the obligation to appoint surrogate parents for students with disabilities who are without parental representation in special education procedures as required by state and federal law, including Section 1415(b)(2) of Title 20 of the United States Code, Section 56050 of the Education Code, Section 7579.5 of the Government Code, and Rule 5.650 of the California Rules of Court. (b) (1) Subdivision (a) does not limit the ability of a parent to voluntarily relinquish their child to the State Department of Social Services, to a county adoption agency, or to a licensed private adoption agency at any time while the child is the subject of a petition to declare them, or is, a dependent child of the juvenile court, if the department, county adoption agency, or licensed private adoption agency is willing to accept the relinquishment. (2) When accepting the relinquishment of a child described in paragraph (1), the department or a county adoption agency shall comply with Section 8700 of the Family Code and, within five court days of accepting the relinquishment, shall file written notice of that fact with the court and all parties to the case and their counsel. (3) When accepting the relinquishment of a child described in paragraph (1), a licensed private adoption agency shall comply with Section 8700 of the Family Code and, within 10 court days of accepting the relinquishment, shall file or allow another party or that party’s counsel to file with the court one original and five copies of a request to approve the relinquishment. The clerk of the court shall file the request under seal, subject to examination only by the parties and their counsel or by others upon court approval. If the request is accompanied by the written agreement of all parties, the court may issue an ex parte order approving the relinquishment. Unless approved pursuant to that agreement, the court shall set the matter for hearing no later than 10 court days after filing, and shall provide notice of the hearing to all parties and their counsel, and to the licensed private adoption agency and its counsel. The licensed private adoption agency and any prospective adoptive parent or parents named in the relinquishment shall be permitted to attend the hearing and participate as parties regarding the strictly limited issue of whether the court should approve the relinquishment. The court shall issue an order approving or denying the relinquishment within 10 court days after the hearing. (4) Nothing in this subdivision suspends the requirements for voluntary consent to adoption under Section 8606.5 of the Family Code or adoptive placement or consent to termination of parental rights under Section 1913 of the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.). (c) A dependent child shall not be taken from the physical custody of their parents, guardian or guardians, or Indian custodian with whom the child resides at the time the petition was initiated, unless the juvenile court finds clear and convincing evidence of any of the following circumstances listed in paragraphs (1) to (5), inclusive, and, where it is known or there is reason to know that the child is an Indian child, as defined by Section 224.1, paragraph (6): (1) There is or would be a substantial danger to the physical health, safety, protection, or physical or emotional well-being of the minor if the minor were returned home, and there are no reasonable means by which the minor’s physical health can be protected without removing the minor from the minor’s parent’s, guardian’s, or Indian custodian’s physical custody. The fact that a minor has been adjudicated a dependent child of the court pursuant to subdivision (e) of Section 300 shall constitute prima facie evidence that the minor cannot be safely left in the physical custody of the parent, guardian, or Indian custodian with whom the minor resided at the time of injury. The court shall consider, as a reasonable means to protect the minor, each of the following: (A) The option of removing an offending parent, guardian, or Indian custodian from the home. (B) Allowing a nonoffending parent, guardian, or Indian custodian to retain physical custody as long as that parent, guardian, or Indian custodian presents a plan acceptable to the court demonstrating that they will be able to protect the child from future harm. (2) The parent, guardian, or Indian custodian of the minor is unwilling to have physical custody of the minor, and the parent, guardian, or Indian custodian has been notified that if the minor remains out of their physical custody for the period specified in Section 366.26, the minor may be declared permanently free from their custody and control. (3) The minor is suffering severe emotional damage, as indicated by extreme anxiety, depression, withdrawal, or untoward aggressive behavior toward themselves or others, and there are no reasonable means by which the minor’s emotional health may be protected without removing the minor from the physical custody of their parent, guardian, or Indian custodian. (4) The minor or a sibling of the minor has been sexually abused, or is deemed to be at substantial risk of being sexually abused, by a parent, guardian, Indian custodian, or member of their household, or other person known to their parent, and there are no reasonable means by which the minor can be protected from further sexual abuse or a substantial risk of sexual abuse without removing the minor from their parent, guardian, or Indian custodian, or the minor does not wish to return to their parent, guardian, or Indian custodian. (5) The minor has been left without any provision for their support, or a parent, guardian, or Indian custodian who has been incarcerated or institutionalized cannot arrange for the care of the minor, or a relative or other adult custodian with whom the child has been left by the parent, guardian, or Indian custodian is unwilling or unable to provide care or support for the child and the whereabouts of the parent, guardian, or Indian custodian is unknown and reasonable efforts to locate them have been unsuccessful. (6) In an Indian child custody proceeding, continued custody of the child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the child, and that finding is supported by testimony of a “qualified expert witness” as described in Section 224.6. (A) For purposes of this paragraph, stipulation by the parent, Indian custodian, or the Indian child’s tribe, or failure to object, may waive the requirement of producing evidence of the likelihood of serious damage only if the court is satisfied that the party has been fully advised of the requirements under this paragraph and under subdivision (e) of Section 1912 of the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.), and has knowingly, intelligently, and voluntarily waived them. (B) For purposes of this paragraph, failure to meet non-Indian family and child-rearing community standards, or the existence of other behavior or conditions that meet the removal standards of this section, will not support an order for placement in the absence of the finding in this paragraph. (d) A dependent child shall not be taken from the physical custody of their parents, guardian, or Indian custodian with whom the child did not reside at the time the petition was initiated, unless the juvenile court finds clear and convincing evidence that there would be a substantial danger to the physical health, safety, protection, or physical or emotional well-being of the child for the parent, guardian, or Indian custodian to live with the child or otherwise exercise the parent’s, guardian’s, or Indian custodian’s right to physical custody, and there are no reasonable means by which the child’s physical and emotional health can be protected without removing the child from the child’s parent’s, guardian’s, or Indian custodian’s physical custody. (e) The court shall make a determination as to whether reasonable efforts were made to prevent or to eliminate the need for removal of the minor from their home or, if the minor is removed for one of the reasons stated in paragraph (5) of subdivision (c), whether it was reasonable under the circumstances not to make any of those efforts, or, where it is known or there is reason to know that the child is an Indian child, as defined by Section 224.1, whether active efforts, as defined by Section 224.1 and as required in Section 361.7 were made and that these efforts have proved unsuccessful. The court shall state the facts on which the decision to remove the minor is based. (f) The court shall make all of the findings required by subdivision (a) of Section 366 in either of the following circumstances: (1) The minor has been taken from the custody of their parent, guardian, or Indian custodian and has been living in an out-of-home placement pursuant to Section 319. (2) The minor has been living in a voluntary out-of-home placement pursuant to Section 16507.4. (Amended by Stats. 2024, Ch. 656, Sec. 14. (AB 81) Effective September 27, 2024.)
361.1.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 10. Dependent Children—Judgments and Orders [360 - 371] ( Article 10 added by Stats. 1976, Ch. 1068. )
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If a child is removed under Section 300 and the juvenile court later finds the child is not covered by Section 300, the child must be returned to a parent or guardian immediately, or within two working days at the latest unless a later release date is agreed. The Judicial Council must also adopt a rule of court about notice of the release requirement.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 10. Dependent Children—Judgments and Orders [360 - 371] ( Article 10 added by Stats. 1976, Ch. 1068. ) ## 361.1. (a) If a child is removed from the physical custody of a parent or guardian on the ground that the child may come within the jurisdiction of the juvenile court pursuant to Section 300, the child shall be returned to the physical custody of that parent or guardian immediately after a finding by the juvenile court that the child is not a person described in Section 300, but, in any case, not more than two working days following the date of that finding, unless the parent or guardian and the agency with custody of the child agree to a later date for the child’s release. Nothing in this section shall affect a parent or guardian’s remedies when a child is not returned immediately, as those remedies existed prior to enactment of this section. (b) The Judicial Council shall adopt a rule of court to ensure proper notice to a parent or guardian regarding the circumstances and the timeframe in which a child is required to be released from custody pursuant to this section. (Added by Stats. 2003, Ch. 306, Sec. 1. Effective January 1, 2004.)
361.2.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 10. Dependent Children—Judgments and Orders [360 - 371] ( Article 10 added by Stats. 1976, Ch. 1068. )
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This section tells the court how to place a child after removal, including first checking a requesting parent, ordering placement unless detriment is found, and making required findings.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 10. Dependent Children—Judgments and Orders [360 - 371] ( Article 10 added by Stats. 1976, Ch. 1068. ) ## 361.2. (a) If a court orders removal of a child pursuant to Section 361, the court shall first determine whether there is a parent of the child, with whom the child was not residing at the time that the events or conditions arose that brought the child within the provisions of Section 300, who desires to assume custody of the child. If that parent requests custody, the court shall place the child with the parent unless it finds that placement with that parent would be detrimental to the safety, protection, or physical or emotional well-being of the child. The fact that the parent is enrolled in a certified substance abuse treatment facility that allows a dependent child to reside with their parent shall not be, for that reason alone, prima facie evidence that placement with that parent would be detrimental. (b) If the court places the child with that parent, the court may do any of the following: (1) Order that the parent become legal and physical custodian of the child. The court may also provide reasonable visitation by the noncustodial parent. The court shall then terminate its jurisdiction over the child. The custody order shall continue unless modified by a subsequent order of the superior court. The order of the juvenile court shall be filed in any domestic relation proceeding between the parents. (2) Order that the parent assume custody subject to the jurisdiction of the juvenile court and require that a home visit be conducted within three months. In determining whether to take the action described in this paragraph, the court shall consider any concerns that have been raised by the child’s current caregiver regarding the parent. After the social worker conducts the home visit and files their report with the court, the court may then take the action described in paragraph (1), (3), or this paragraph. However, this paragraph does not imply that the court is required to take the action described in this paragraph as a prerequisite to the court taking the action described in either paragraph (1) or (3). (3) Order that the parent assume custody subject to the supervision of the juvenile court. In that case the court may order that reunification services be provided to the parent or guardian from whom the child is being removed, or the court may order that services be provided solely to the parent who is assuming physical custody in order to allow that parent to retain later custody without court supervision, or that services be provided to both parents, in which case the court shall determine, at review hearings held pursuant to Section 366, which parent, if either, shall have custody of the child. (c) The court shall make a finding, either in writing or on the record, of the basis for its determination under subdivisions (a) and (b). (d) Part 6 (commencing with Section 7950) of Division 12 of the Family Code shall apply to the placement of a child pursuant to paragraphs (1) and (2) of subdivision (e). (e) If the court orders removal pursuant to Section 361, the court shall order the care, custody, control, and conduct of the child to be under the supervision of the social worker who may place the child in any of the following: (1) The home of a noncustodial parent, as described in subdivision (a), regardless of the parent’s immigration status. (2) The approved home of a relative, or the home of a relative, or in the case of an Indian child, an extended family member as defined in paragraph (1) of subdivision (c) of Section 224.1, who has been assessed pursuant to Section 361.4 and is pending approval pursuant to Section 16519.5, regardless of the relative’s immigration status. (3) The approved home of a nonrelative extended family member, as defined in Section 362.7, or the home of a nonrelative extended family member who has been assessed pursuant to Section 361.4 and is pending approval pursuant to Section 16519.5. (4) The approved home of a resource family, as defined in Section 16519.5, or a home that is pending approval pursuant to paragraph (1) of subdivision (e) of Section 16519.5. (5) A foster home considering first a foster home in which the child has been placed before an interruption in foster care, if that placement is in the best interest of the child and space is available. (6) If it is known or there is reason to know that the child is an Indian child, as defined by Section 224.1, a home or facility in accordance with the placement preferences contained in Section 361.31 and the federal Indian Child Welfare Act (25 U.S.C. Sec. 1901 et seq.). (7) A suitable licensed community care facility, except a youth homelessness prevention center licensed by the State Department of Social Services pursuant to Section 1502.35 of the Health and Safety Code. (8) With a foster family agency, as defined in subdivision (g) of Section 11400 and paragraph (4) of subdivision (a) of Section 1502 of the Health and Safety Code, to be placed in a suitable family home certified or approved by the agency, with prior approval of the county placing agency. (9) A community care facility licensed as a group home for children vendored by a regional center pursuant to Section 56004 of Title 17 of the California Code of Regulations or a short-term residential therapeutic program, as defined in subdivision (ad) of Section 11400 of this code and paragraph (18) of subdivision (a) of Section 1502 of the Health and Safety Code. A child of any age who is placed in a community care facility licensed as a group home for children vendored by a regional center or a short-term residential therapeutic program shall have a case plan that indicates that placement is for purposes of providing short-term, specialized, and intensive treatment for the child, the case plan specifies the need for, nature of, and anticipated duration of this treatment, pursuant to paragraph (2) of subdivision (d) of Section 16501.1, and the case plan includes transitioning the child to a less restrictive environment and the projected timeline by which the child will be transitioned to a less restrictive environment. Any placement longer than six months shall be documented consistent with paragraph (3) of subdivision (a) of Section 16501.1 and, unless subparagraph (A) or (B) applies to the child, shall be approved by the deputy director or director of the county child welfare department no less frequently than every six months. (A) A child under six years of age shall not be placed in a community care facility licensed as a group home for children vendored by a regional center or a short-term residential therapeutic program except under the following circumstances: (i) If the facility meets the applicable regulations adopted under Section 1530.8 of the Health and Safety Code and standards developed pursuant to Section 11467.1 of this code, and the deputy director or director of the county child welfare department has approved the case plan. (ii) The short-term, specialized, and intensive treatment period shall not exceed 120 days, unless the county has made progress toward or is actively working toward implementing the case plan that identifies the services or supports necessary to transition the child to a family setting, circumstances beyond the county’s control have prevented the county from obtaining those services or supports within the timeline documented in the case plan, and the need for additional time pursuant to the case plan is documented by the caseworker and approved by a deputy director or director of the county child welfare department. (iii) To the extent that placements pursuant to this paragraph are extended beyond an initial 120 days, the requirements of clauses (i) and (ii) shall apply to each extension. In addition, the deputy director or director of the county child welfare department shall approve the continued placement no less frequently than every 60 days. (iv) In addition, if a case plan indicates that placement is for purposes of providing family reunification services, the facility shall offer family reunification services that meet the needs of the individual child and their family, permit parents, guardians, or Indian custodians to have reasonable access to their children 24 hours a day, encourage extensive parental involvement in meeting the daily needs of their children, and employ staff trained to provide family reunification services. In addition, one of the following conditions exists: (I) The child’s parent, guardian, or Indian custodian is also under the jurisdiction of the court and resides in the facility. (II) The child’s parent, guardian, or Indian custodian is participating in a treatment program affiliated with the facility and the child’s placement in the facility facilitates the coordination and provision of reunification services. (III) Placement in the facility is the only alternative that permits the parent, guardian, or Indian custodian to have daily 24-hour access to the child in accordance with the case plan, to participate fully in meeting all of the daily needs of the child, including feeding and personal hygiene, and to have access to necessary reunification services. (B) A child who is 6 to 12 years of age, inclusive, may be placed in a community care facility licensed as a group home for children vendored by a regional center or a short-term residential therapeutic program under the following conditions: (i) The deputy director of the county welfare department shall approve the case prior to initial placement. (ii) The short-term, specialized, and intensive treatment period shall not exceed six months, unless the county has made progress or is actively working toward implementing the case plan that identifies the services or supports necessary to transition the child to a family setting, circumstances beyond the county’s control have prevented the county from obtaining those services or supports within the timeline documented in the case plan, and the need for additional time pursuant to the case plan is documented by the caseworker and approved by a deputy director or director of the county child welfare department. (iii) To the extent that placements pursuant to this paragraph are extended beyond an initial six months, the requirements of this subparagraph shall apply to each extension. In addition, the deputy director or director of the county child welfare department shall approve the continued placement no less frequently than every 60 days. (10) Any child placed in a short-term residential therapeutic program shall be either of the following: (A) A child who has been assessed as meeting one of the placement requirements set forth in subdivisions (b) and (h) of Section 11462.01. (B) A child under six years of age who is placed with their minor parent or for the purpose of reunification pursuant to clause (iv) of subparagraph (A) of paragraph (9). (11) The home of a relative in which the juvenile court has authorized placement, regardless of the status of any criminal record exemption or resource family approval, if the court has found that the placement does not pose a risk to the health and safety of the child. (12) This subdivision does not allow a social worker to place any dependent child outside the United States, except as specified in subdivision (f). (f) (1) A child under the supervision of a social worker pursuant to subdivision (e) shall not be placed outside the United States prior to a judicial finding that the placement is in the best interest of the child, except as required by federal law or treaty. (2) The party or agency requesting placement of the child outside the United States shall carry the burden of proof and shall show, by clear and convincing evidence, that placement outside the United States is in the best interest of the child. (3) In determining the best interest of the child, the court shall consider, but not be limited to, all of the following factors: (A) Placement with a relative. (B) Placement of siblings in the same home. (C) Amount and nature of any contact between the child and the potential guardian or caretaker. (D) Physical and medical needs of the dependent child. (E) Psychological and emotional needs of the dependent child. (F) Social, cultural, and educational needs of the dependent child. (G) Specific desires of any dependent child who is 12 years of age or older. (4) If the court finds that a placement outside the United States is, by clear and convincing evidence, in the best interest of the child, the court may issue an order authorizing the social worker to make a placement outside the United States. A child subject to this subdivision shall not leave the United States prior to the issuance of the order described in this paragraph. (5) For purposes of this subdivision, “outside the United States” shall not include the lands of any federally recognized American Indian tribe or Alaskan Natives. (6) This subdivision shall not apply to the placement of a dependent child with a parent pursuant to subdivision (a). (g) (1) If the child is taken from the physical custody of the child’s parent, guardian, or Indian custodian and unless the child is placed with relatives, the child shall be placed in foster care in the county of residence of the child’s parent, guardian, or Indian custodian in order to facilitate reunification of the family. (2) If there are no appropriate placements available in the parent’s, guardian’s, or Indian custodian’s county of residence, a placement may be made in an appropriate place in another county, preferably a county located adjacent to the parent’s, guardian’s, or Indian custodian’s community of residence. (3) This section does not require multiple disruptions of the child’s placement corresponding to frequent changes of residence by the parent, guardian, or Indian custodian. In determining whether the child should be moved, the social worker shall take into consideration the potential harmful effects of disrupting the placement of the child and the parent’s, guardian’s, or Indian custodian’s reason for the move. (4) If it has been determined that it is necessary for a child to be placed in a county other than the child’s, parent’s, guardian’s, or Indian custodian’s county of residence, the specific reason the out-of-county placement is necessary shall be documented in the child’s case plan. If the reason the out-of-county placement is necessary is the lack of resources in the sending county to meet the specific needs of the child, those specific resource needs shall be documented in the case plan. (5) If it has been determined that a child is to be placed out of county either in a group home for children vendored by a regional center or a short-term residential therapeutic program, or with a foster family agency for subsequent placement in a certified foster family home, and the sending county is to maintain responsibility for supervision and visitation of the child, the sending county shall develop a plan of supervision and visitation that specifies the supervision and visitation activities to be performed and specifies that the sending county is responsible for performing those activities. In addition to the plan of supervision and visitation, the sending county shall document information regarding any known or suspected dangerous behavior of the child that indicates the child may pose a safety concern in the receiving county. Upon implementation of the statewide child welfare information system, the plan of supervision and visitation, as well as information regarding any known or suspected dangerous behavior of the child, shall be made available to the receiving county upon placement of the child in the receiving county. If placement occurs on a weekend or holiday, the information shall be made available to the receiving county on or before the end of the next business day. (6) If it has been determined that a child is to be placed out of county and the sending county plans that the receiving county shall be responsible for the supervision and visitation of the child, the sending county shall develop a formal agreement between the sending and receiving counties. The formal agreement shall specify the supervision and visitation to be provided the child, and shall specify that the receiving county is responsible for providing the supervision and visitation. The formal agreement shall be approved and signed by the sending and receiving counties prior to placement of the child in the receiving county. In addition, upon completion of the case plan, the sending county shall provide a copy of the completed case plan to the receiving county. The case plan shall include information regarding any known or suspected dangerous behavior of the child that indicates the child may pose a safety concern to the receiving county. (h) (1) Subject to paragraph (2), if the social worker must change the placement of the child and is unable to find a suitable placement within the county and must place the child outside the county, the placement shall not be made until the social worker has served written notice on the parent, guardian, Indian custodian, the child’s tribe, the child’s attorney, and, if the child is 10 years of age or older, on the child, at least 14 days prior to the placement, unless the child’s health or well-being is endangered by delaying the action or would be endangered if prior notice were given. The notice shall state the reasons that require placement outside the county. The child or parent, guardian, Indian custodian, or the child’s tribe may object to the placement not later than seven days after receipt of the notice and, upon objection, the court shall hold a hearing not later than five days after the objection and prior to the placement. The court shall order out-of-county placement if it finds that the child’s particular needs require placement outside the county. (2) (A) The notice required prior to placement, as described in paragraph (1), may be waived if the child and family team has determined that the identified placement is in the best interest of the child, no member of the child and family team objects to the placement, and the child’s attorney has been informed of the intended placement and has no objection, and, if applicable, the Indian custodian or child’s tribe has been informed of the intended placement and has no objection. (B) If the child is transitioning from a temporary shelter care facility, as described in Section 11462.022, and all of the circumstances set forth in subparagraph (A) do not exist, the county shall provide oral notice to the child’s parents, guardian, Indian custodian, the child’s tribe, the child’s attorney, and, if the child is 10 years of age or older, to the child no later than one business day after the determination that out-of-county placement is necessary and the circumstances in subparagraph (A) do not exist. The oral notice shall state the reasons that require placement outside the county and shall be immediately followed by written notice stating the reasons. The child, parent, guardian, Indian custodian, or tribe may object to the placement not later than seven days after oral notice is provided and, upon objection, the court shall hold a hearing not later than two judicial days after the objection is made. The court may authorize that the child remain in the temporary shelter care facility pending the outcome of the hearing. The court shall order out-of-county placement if it finds that the child’s particular needs require placement outside the county. This subparagraph does not preclude placement of the child without prior notice if the child’s health or well-being is endangered by delaying the action or would be endangered if prior notice were given. (i) If the court has ordered removal of the child from the physical custody of the child’s parents pursuant to Section 361, the court shall consider whether the family ties and best interest of the child will be served by granting visitation rights to the child’s grandparents. The court shall clearly specify those rights to the social worker. (j) If the court has ordered removal of the child from the physical custody of the child’s parents pursuant to Section 361, the court shall consider whether there are any siblings under the court’s jurisdiction, or any nondependent siblings in the physical custody of a parent subject to the court’s jurisdiction, the nature of the relationship between the child and their siblings, the appropriateness of developing or maintaining the sibling relationships pursuant to Section 16002, and the impact of the sibling relationships on the child’s placement and planning for legal permanence. (k) (1) An agency shall ensure placement of a child in a home that, to the fullest extent possible, best meets the day-to-day needs of the child. A home that best meets the day-to-day needs of the child shall satisfy all of the following criteria: (A) The child’s caregiver is able to meet the day-to-day health, safety, and well-being needs of the child. (B) The child’s caregiver is permitted to maintain the least restrictive family setting that promotes normal childhood experiences and that serves the day-to-day needs of the child. (C) The child is permitted to engage in reasonable, age-appropriate day-to-day activities that promote normal childhood experiences for the foster child. (2) The foster child’s caregiver shall use a reasonable and prudent parent standard, as defined in paragraph (2) of subdivision (a) of Section 362.04, to determine day-to-day activities that are age appropriate to meet the needs of the child. This section does not permit a child’s caregiver to permit the child to engage in day-to-day activities that carry an unreasonable risk of harm, or subject the child to abuse or neglect. (Amended by Stats. 2024, Ch. 656, Sec. 15. (AB 81) Effective September 27, 2024.)
361.21.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 10. Dependent Children—Judgments and Orders [360 - 371] ( Article 10 added by Stats. 1976, Ch. 1068. )
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The court generally may not approve out-of-state residential placements for children or nonminor dependents unless specified conditions are met, must review placements at least every six months, and counties lose public-funds entitlement unless the rules are followed.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 10. Dependent Children—Judgments and Orders [360 - 371] ( Article 10 added by Stats. 1976, Ch. 1068. ) ## 361.21. (a) The court shall not order or approve the placement of a child or nonminor dependent in an out-of-state residential facility, as defined in subdivision (b) of Section 7910 of the Family Code, unless the court finds, in its order of placement and based on evidence presented by the county placing agency, that all of the following conditions have been met: (1) The out-of-state group home is licensed or certified for the placement of children by an agency of the state in which the child or nonminor dependent will be placed. (2) The out-of-state residential facility has been certified by the State Department of Social Services or is exempt from that certification, pursuant to Section 7911.1 of the Family Code. (3) On and after July 1, 2021, the county placing agency has fulfilled its responsibilities as set forth in Sections 4096 and 16010.9. (4) The court has reviewed the documentation of any required assessment, technical assistance efforts, or recommendations and finds that in-state facilities or programs are unavailable or inadequate to meet the needs of the child or nonminor dependent. (b) At least every six months, the court shall review each placement made pursuant to subdivision (a) in order to determine compliance with that subdivision. (c) A county shall not be entitled to receive or expend any public funds for the placement of a child or nonminor dependent in an out-of-state residential facility unless the requirements of subdivisions (a) and (b) are met. (d) Notwithstanding any other law, on and after July 1, 2022, the court shall not order or approve any new placement of a child by a county child welfare agency in an out-of-state residential facility, as defined in subdivision (b) of Section 7910 of the Family Code, except for placements described in subdivision (h) of Section 7911.1 of the Family Code. (e) Notwithstanding any other law, the court shall order any child placed out of state by a county child welfare agency in an out-of-state residential facility, as defined in subdivision (b) of Section 7910 of the Family Code, to be returned to California no later than January 1, 2023, except for placements described in subdivision (h) of Section 7911.1 of the Family Code. (Amended by Stats. 2021, Ch. 86, Sec. 19. (AB 153) Effective July 16, 2021.)
361.22.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 10. Dependent Children—Judgments and Orders [360 - 371] ( Article 10 added by Stats. 1976, Ch. 1068. )
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The court must review certain child placement decisions quickly, and the social worker must request the hearing, serve notice, and submit a report.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 10. Dependent Children—Judgments and Orders [360 - 371] ( Article 10 added by Stats. 1976, Ch. 1068. ) ## 361.22. (a) (1) For a placement made on or after October 1, 2021, each placement of a child or nonminor dependent in a short-term residential therapeutic program, including the initial placement and each subsequent placement into a short-term residential therapeutic program, shall be reviewed by the court within 45 days of the start of placement in accordance with this section. In no event shall the court grant a continuance pursuant to subdivision (a) of Section 352 that would cause the review to be completed more than 60 days after the start of the placement. (2) For a placement made on or after July 1, 2022, each placement of a child or nonminor dependent in a community treatment facility, including the initial placement and each subsequent placement into a community treatment facility, shall be reviewed by the court within 45 days of the start of placement in accordance with this section. In no event shall the court grant a continuance pursuant to subdivision (a) of Section 352 that would cause the review to be completed more than 60 days after the start of the placement. (b) (1) At any time after the decision to place a child or nonminor dependent into a short-term residential therapeutic program or a community treatment facility has been made, but no later than five calendar days following each placement, the social worker shall request the court to schedule a hearing to review the placement. (2) The social worker shall serve a copy of the request on all parties to the proceeding, the child’s or nonminor dependent’s court appointed special advocate, if applicable, and the child’s tribe in the case of an Indian child. (c) (1) The social worker shall prepare and submit a report that shall include all of the following: (A) A copy of the assessment, determination as to the services and care needs of the child or nonminor dependent, and documentation prepared by the qualified individual pursuant to paragraph (1) of subdivision (g) of Section 4096. (B) The case plan documentation required pursuant to subparagraph (C) of paragraph (2) of subdivision (d) of Section 16501.1. (C) In the case of an Indian child, a statement regarding whether the child’s tribe had an opportunity to confer regarding the departure from the placement preferences described in Section 361.31, and the active efforts made prior to placement in a short-term therapeutic program or community treatment facility to satisfy subdivision (f) of Section 224.1. (D) A statement regarding whether the child or nonminor dependent or any party to the proceeding, or the child’s tribe in the case of an Indian child, objects to the placement of the child or nonminor dependent in the short-term residential therapeutic program or community treatment facility. (2) The social worker shall serve a copy of the report to all parties to the proceeding no later than seven calendar days before the hearing. (d) Within five calendar days of the request described in subdivision (b), the court shall set a hearing to be held within 45 days after the start of the placement and give notice of the hearing to all parties to the proceeding, and the child’s tribe in the case of an Indian child. (e) When reviewing each placement of the child or nonminor dependent in a short-term residential therapeutic program or a community treatment facility, the court shall do all of the following: (1) Consider the information specified in subdivision (c). (2) Determine whether the needs of the child or nonminor dependent can be met through placement in a family-based setting, or, if not, whether placement in a short-term residential therapeutic program or community treatment facility, as applicable, provides the most effective and appropriate care setting for the child or nonminor dependent in the least restrictive environment. A shortage or lack of family homes shall not be an appropriate reason for determining that the needs of the child cannot be met in a family-based setting. (3) Determine whether a short-term residential therapeutic program or community treatment facility level of care, as applicable, is consistent with the short- and long-term mental and behavioral health goals and permanency plan for the child or nonminor dependent. (4) In the case of an Indian child, determine whether there is good cause to depart from the placement preferences set forth in Section 361.31. (5) Approve or disapprove the placement. (6) Make a finding, either in writing or on the record, of the basis for its determinations pursuant to this subdivision. (f) If the court disapproves the placement, the court shall order the social worker to transition the child or nonminor dependent to a placement setting that is consistent with the determinations made pursuant to subdivision (e) within 30 days of the disapproval. (g) This section does not prohibit the court from reviewing the placement of a child or nonminor dependent in a short-term residential therapeutic program or community treatment facility pursuant to subdivision (a) at a regularly scheduled hearing if that hearing is held within 60 days of the placement and the information described in subdivision (c) has been presented to the court. (h) (1) On or before October 1, 2021, for placements into a short-term residential therapeutic program, the Judicial Council shall amend or adopt rules of court and shall develop or amend appropriate forms, as necessary, to implement this section, including developing a procedure to enable the court to review the placement without a hearing. (2) On or before October 1, 2022, for placements into a community treatment facility, the Judicial Council shall amend or adopt rules of court and shall develop or amend appropriate forms, as necessary, to implement this section, including developing a procedure to enable the court to review the placement without a hearing. (Amended by Stats. 2022, Ch. 50, Sec. 18. (SB 187) Effective June 30, 2022.)
361.23.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 10. Dependent Children—Judgments and Orders [360 - 371] ( Article 10 added by Stats. 1976, Ch. 1068. )
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This section requires juvenile-court review before a child or nonminor dependent can voluntarily enter a psychiatric residential treatment facility, and it sets filing, hearing, notice, and review-hearing rules.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 10. Dependent Children—Judgments and Orders [360 - 371] ( Article 10 added by Stats. 1976, Ch. 1068. ) ## 361.23. (a) (1) Whenever voluntary admission into a psychiatric residential treatment facility is sought for a child or nonminor dependent who is subject to a petition pursuant to Section 300, the court shall review the application for a voluntary admission as described in this section. A child may not be admitted to a psychiatric residential treatment facility prior to court authorization unless the child is subject to an involuntary hold pursuant to Chapter 2 (commencing with Section 5585.50) of Part 1.5 of Division 5. (2) For purposes of this section, “voluntary admission” for a child within the custody of a parent, child, or Indian custodian refers to the parent, guardian, or Indian custodian’s voluntary decision to have the child admitted to a psychiatric residential treatment facility. “Voluntary admission” for a child not within the custody of a parent, guardian, or Indian custodian refers to the child’s decision to voluntarily admit themselves pursuant to Section 6552. “Voluntary admission” for a nonminor dependent refers to the nonminor dependent’s decision to voluntarily admit themselves. (b) (1) When a parent, guardian, or Indian custodian who retains physical custody of a child under the jurisdiction of the juvenile court pursuant to Section 300 seeks to have a child admitted to a psychiatric residential treatment facility or when a child who is the subject of a petition pursuant to Section 300 seeks to make a voluntary admission to a psychiatric residential treatment facility pursuant to Section 6552, the social worker shall file an ex parte application for an order authorizing the voluntary admission pursuant to Section 6552 within 48 hours of being informed of the request or, if the courts are closed for more than 48 hours after being informed of the request, on the first judicial day after being informed of the request. The application shall satisfy the requirements of Title 3 of the California Rules of Court, and include all of the following: (A) A brief description of the child’s mental disorder. (B) The name of the psychiatric residential treatment facility proposed for treatment. (C) A brief description of how the mental disorder may reasonably be expected to be cured or ameliorated by the course of treatment offered by the psychiatric residential treatment facility. (D) A brief description of why the facility is the least restrictive setting for care and why there are no other available hospitals, programs, or facilities which might better serve the child’s medical needs and best interest. (E) A copy of the child welfare agency’s plan developed pursuant to subdivisions (c) and (d) of Section 16010.10. (F) (i) If the parent, guardian, or Indian custodian is seeking the child’s admission to the facility, the basis of their belief that the child’s admission to a psychiatric residential treatment facility is necessary. (ii) If the child is seeking admission, whether the parent, legal guardian, or Indian custodian agrees with the child’s request for admission. (G) A description of any mental health services, including community-based mental health services, that were offered or provided to the child and an explanation of why those services were not sufficient, or an explanation for why no such services were offered or provided. (H) A statement describing how the child was given an opportunity to confer privately with their counsel regarding the admission, as required by Section 6552. (I) A brief description of whether any member of the minor’s child and family team objects to the admission, and the reasons for the objection, if any. (J) The information required by this paragraph shall be sufficient to satisfy the applicant’s initial burden of establishing the need for an ex parte hearing required by subdivision (c) of Rule 3.1202 of the California Rules of Court. (2) Upon receipt of an ex parte application pursuant to paragraph (1), the juvenile court shall schedule a hearing for the next judicial day. The court clerk shall immediately notify the social worker and the child’s counsel of the date, time, and place for the hearing. (3) The social worker shall provide notice of the hearing in accordance with Title 3 of the California Rules of Court to all parties to the proceeding and their counsel of record, the child’s tribe in the case of an Indian child, the child’s court-appointed special advocate, if applicable, and any person designated as the child’s educational or developmental representative pursuant to subdivision (a) of Section 361. The provisions in subdivision (c) of Section 527 of the Code of Civil Procedure shall apply to notice of the hearing. The social worker shall make arrangements for the child to be transported to the hearing. (c) (1) At the hearing, the court shall consider evidence in the form of oral testimony under oath, affidavit or declaration, or other admissible evidence, including a child welfare agency court report, as to all of the following: (A) (i) Whether the child suffers from a mental disorder which may reasonably be expected to be cured or ameliorated by a course of treatment offered by the psychiatric residential treatment facility in which the child wishes to be placed. (ii) Whether the psychiatric residential treatment facility is the least restrictive setting for care. (iii) Whether there any available hospital, program, or facility which might better serve the child’s medical needs and best interest, including less restrictive facilities or community-based services. (B) Whether and how the child, parent, legal guardian, or Indian custodian, as appropriate, has been advised of the nature of inpatient psychiatric services, patient’s rights as identified in Section 6006, and their right to contact a patients’ rights advocate. (C) Whether and how the social worker addressed the possible voluntary admission with the child’s attorney, including whether the child was given the opportunity to confer privately with their attorney about a voluntary admission. (D) Whether and how the possible voluntary admission was addressed with the child and family team, whether any member of the team objects to voluntary admission, and the reasons for the objection. (E) The county child welfare agency plan for the child, as described in Section 16010.10. (F) Whether the child’s parent, guardian, or Indian custodian has taken reasonable steps to address the child’s mental health disorder. (2) (A) If the child’s parent, guardian, or Indian custodian seeks to give voluntary consent to the child’s admission, the court shall inquire about the child’s position on the admission. (B) If the child seeks to give voluntary consent to admission, the court shall inquire whether they knowingly and intelligently consent to admission into the psychiatric residential treatment facility, including whether they are giving consent without fear or threat of detention or initiation of conservatorship proceedings. (3) The court shall not continue the hearing unless the child consents to the continuance and the court determines that additional evidence is necessary to support the findings required by subdivision (c). Any continuance shall be for only such period of time as is necessary to obtain the evidence and only if it is not detrimental to the child. (d) (1) The court may grant a request to have the child admitted, or authorize a child’s voluntary consent to admission, into a psychiatric residential treatment facility, only if it finds, by clear and convincing evidence, all of the following: (A) That the child suffers from a mental disorder which may reasonably be expected to be cured or ameliorated by a course of treatment offered by the hospital, facility, or program in which the child wishes to be placed. (B) That the psychiatric residential treatment facility is the least restrictive setting needed to treat the child’s mental disorder. (C) That there is no other available hospital, program, or facility which might better serve the child’s medical needs and best interest, including community-based mental health services. (D) That the child has given knowing and intelligent consent to admission to the facility and that the consent was not made under fear or threat of detention or initiation of conservatorship proceedings. (E) That the child and, where appropriate, the parent, legal guardian, or Indian custodian have been advised of the nature of inpatient psychiatric services, patient’s rights as identified in Section 6006, and their right to contact a patients’ rights advocate. (2) (A) When authorizing a parent’s request for admission or the child’s voluntary consent, the court may make any orders necessary to ensure that the child welfare agency promptly makes all necessary arrangements to ensure that the child is discharged in a timely manner and with all services and supports in place as necessary for a successful transition into another setting. (B) The court’s order authorizing the admission to a psychiatric residential treatment facility shall be effective until the first of the following events occurs: (1) the parent, guardian, or Indian custodian, or the child if admission was granted pursuant to Section 6552, withdraws consent for the child to be present in the psychiatric residential treatment facility, (2) the court finds that the child no longer suffers from a mental disorder that may reasonably expected to be ameliorated by the treatment offered by the facility or that the psychiatric residential treatment facility is no longer the least restrictive alternative for the treatment of the child’s mental health needs, or (3) the court makes a superseding order. This section does not require a court order to discharge a child if the parent, guardian, Indian custodian, or child withdraws their consent for admission. (3) For children who were in the custody of their parent, legal guardian, or Indian custodian at the time of the authorization of admission and based on the evidence presented during the ex parte hearing, the court shall consider whether the parent’s, legal guardian’s, or Indian custodian’s conduct contributed to the deterioration of the child’s mental disorder. If the court determines that the parent’s, legal guardian’s, or Indian custodian’s conduct may have contributed to the deterioration, it shall direct the county child welfare agency to investigate whether the child may be safely returned to the custody of the parent, legal guardian, or Indian custodian upon their discharge from the psychiatric residential treatment facility and to take appropriate action, including, but not limited to, taking the child into temporary custody prior to the child’s discharge from the facility and filing a subsequent petition pursuant to Section 342 or a supplemental petition pursuant to Section 387. (e) (1) Whenever a nonminor dependent seeks to voluntarily consent to admission to a psychiatric residential treatment facility, the social worker shall file an ex parte application within 48 hours of the request, or, if the courts are closed for more than 48 hours after being informed of the request, on the first judicial day after being informed of the request, for a hearing to address whether the nonminor dependent has been advised of the nature of inpatient psychiatric services, patient’s rights as identified in Section 6006, and their right to contact a patients’ rights advocate, and give informed voluntary consent to admission. The application shall satisfy the requirements of Title 3 of the California Rules of Court, and include all of the following: (A) A brief description of the medical necessity for admission into a psychiatric residential treatment facility. (B) The name of the psychiatric residential treatment facility proposed for treatment. (C) A copy of the child welfare agency’s plan developed pursuant to subdivisions (c) and (d) of Section 16010.10. (D) A description of any mental health services, including community-based mental health services, that were offered or provided to the nonminor dependent and an explanation for why those services were not sufficient, or an explanation for why no such services were offered or provided. (E) A brief description of why the nonminor dependent believes admission to a less restrictive facility would not adequately address their mental disorder. (F) A statement describing how the nonminor dependent was given the opportunity to confer privately with their counsel regarding the application. (G) The information required by this paragraph shall be sufficient to satisfy the applicant’s initial burden of establishing the need for an ex parte hearing required by subdivision (c) of Rule 3.1202 of the California Rules of Court. (2) Upon receipt of an ex parte application pursuant to paragraph (1), the juvenile court shall schedule a hearing for the next judicial day. The court clerk shall immediately notify the social worker and nonminor dependent’s counsel of the date, time, and place for the hearing. (3) The social worker shall provide notice of the hearing in accordance with Title 3 of the California Rules of Court to all parties to the proceeding and their counsel of record, the nonminor dependent’s tribe, if applicable, the nonminor dependent’s court-appointed special advocate, if applicable, and any person designated as the nonminor dependent’s educational or developmental representative pursuant to subdivision (a) of Section 361. The provisions in subdivision (c) of Section 527 of the Code of Civil Procedure shall apply to notice of the hearing. The social worker shall make arrangements for the nonminor dependent to be present for the hearing. (4) At the hearing, the court shall consider evidence in the form of oral testimony under oath, affidavit or declaration, or other admissible evidence, as to all of the following: (A) Whether the nonminor dependent’s receipt of treatment in the psychiatric residential treatment facility is medically necessary. (B) Whether any less restrictive treatment setting could serve the nonminor dependent’s treatment needs, including a less restrictive facility or community-based services. (C) Whether and how the nonminor dependent has been advised of the nature of inpatient psychiatric services, patient’s rights as identified in Section 6006, and their right to contact a patients’ rights advocate. (D) Whether and how the social worker addressed the voluntary admission with the nonminor dependent’s attorney, including whether the nonminor dependent was given the opportunity to confer privately with their attorney about a voluntary admission. (E) Whether and how the possible voluntary admission was addressed with the child and family team, whether any member of the team objects to voluntary admission, and the reasons for the objection. (F) Whether the nonminor dependent gives knowing and intelligent consent to admission. (G) The county child welfare agency’s plan for the nonminor dependent, as described in subdivisions (c) and (d) of Section 16010.10. (5) (A) At the hearing, the court shall make a finding whether the nonminor dependent has given knowing and intelligent consent to admission. If the court finds that the nonminor dependent has not given knowing and intelligent consent, it shall direct the social worker to convey its finding to the facility and direct the facility to discharge the nonminor dependent in accordance with the nonminor dependent’s aftercare plan. The social worker shall ensure that the aftercare plan is implemented to ensure integration with the nonminor dependent’s family, school, and community upon discharge. If the court finds that the nonminor dependent has given knowing and intelligent consent, nothing in this section requires a court order to discharge the nonminor if the nonminor dependent subsequently withdraws their consent. (B) (i) The court may make any orders necessary to ensure that the child welfare agency promptly makes all necessary arrangements to ensure that the nonminor dependent is discharged in a timely manner and with all services and supports in place as necessary for a successful transition into a less restrictive setting. (ii) The judicial proceedings described in this subdivision shall not delay a nonminor dependent’s access to medically necessary services as defined in Section 14059.5 of the Welfare and Institutions Code and Section 1396d(r) of Title 42 of the United States Code, which may include voluntary admission to a psychiatric residential treatment facility for inpatient psychiatric services, while the judicial proceedings are ongoing. (f) (1) (A) No later than 60 days following the admission of a child to a psychiatric residential treatment facility, and every 30 days thereafter, the court shall hold a review hearing on the child’s placement in the facility based upon the medical necessity of that placement. (B) If the hearing described in subparagraph (A) coincides with the date for a status review hearing for a child pursuant to Section 364, 366.21, 366.22, 366.25, or 366.3, the court may hold the hearing simultaneously with the status review hearing. (C) At the hearing described in subparagraph (A), the court shall consider all of the following: (i) Whether the parent, guardian, Indian custodian, or child consents, or continues to consent, to the voluntary admission made pursuant to this section. (ii) Whether the child continues to suffer from a mental disorder that may reasonably be expected to be cured or ameliorated by a course of treatment offered by the facility. (iii) Whether there continues to be no other available less restrictive hospital, program, facility, or community-based mental health service which might better serve the child’s medical needs and best interest. (iv) Whether the psychiatric residential treatment facility, which is licensed pursuant to Section 4081, continues to meet its legal obligation to provide services to the child. (v) The county child welfare agency’s plan as described in subdivisions (c) and (d) of Section 16010.10, and the agency’s actions to implement that plan. (D) If the court finds at any hearing that the child, if the child consented to admission pursuant to Section 6552, continues to give voluntary consent to admission, that the child continues to suffer from a mental disorder which may reasonably be expected to be cured or ameliorated by a course of treatment offered by the facility, and that there continues to be no other available less restrictive hospital, program, facility, or community-based mental health service which might better serve the child’s medical need and best interest, the court may authorize the child’s continued consent to admission to a psychiatric residential treatment facility. If the child has been in the facility for over 30 days, there shall be a rebuttable presumption that the facility is not the least restrictive alternative to serve the child’s medical need and best interest. (E) (i) If the court finds that the child, if the child consented to admission pursuant to Section 6552, no longer gives voluntary consent, that the child no longer suffers from a mental disorder which may reasonably be expected to be cured or ameliorated by a course of treatment offered by the facility, or that there is another available hospital, program, facility, or community-based mental health service which might better serve the child’s medical need and best interest, the social worker shall work immediately with the facility for discharge to a different setting with the appropriate and necessary services and supports in place. A statement from the child’s attorney that the child no longer gives voluntary consent to the admission to the facility may be sufficient to support a finding that the child no longer gives voluntary consent. The court shall set a hearing no later than 30 days to verify that the child has been discharged. If the child has not been discharged by the time of the hearing, the court shall issue any and all orders to effectuate the child’s immediate discharge, including exercising its powers under subdivision (b) of Section 362. This paragraph does not preclude involuntary detention of the child pursuant to the applicable requirements of the Children’s Civil Commitment and Mental Health Treatment Act of 1988 or the Lanterman-Petris-Short Act if the child withdraws voluntary consent. This paragraph does not preclude a parent, guardian, Indian custodian, or child’s social worker or attorney from arranging the child’s discharge from the facility without a court order. (ii) If the court’s determination under clause (i) includes a determination that the child should receive treatment through another hospital, program, facility, or community-based mental health service, the court shall hold a hearing no later than 60 days from the child’s discharge to ensure that the other services have been provided. (F) If the court determines the psychiatric residential treatment facility, which is licensed pursuant to Section 4081, failed to meet its legal obligation to provide services to the child, it may direct the social worker to engage with the facility to ensure the child is receiving all necessary services. If necessary, the court may exercise its powers under subdivision (b) of Section 362. (G) The court may make any orders necessary to ensure that the child welfare agency makes all necessary arrangements for the child’s discharge promptly and that all services and supports are in place for the child’s successful transition to a different setting. The court may direct the social worker to work with the facility on the child’s aftercare plans as appropriate based on the child’s progress. (H) This paragraph does not prevent the court from holding review hearings more frequently at its discretion. (2) (A) No later than 60 days following the admission of a nonminor dependent to a psychiatric residential treatment facility, and every 30 days thereafter, the court shall hold a review hearing on the child or nonminor dependent’s placement in the facility based upon the medical necessity of that placement. (B) If the hearing described in subparagraph (A) coincides with the date for a review hearing for a nonminor dependent pursuant to Section 366.31, the court may hold the hearing simultaneously with the status review hearing. (C) At the hearing in subparagraph (A), the court shall consider all of the following: (i) Whether the nonminor dependent continues to consent to the voluntary admission made pursuant to this section. (ii) Whether the nonminor dependent’s receipt of treatment in the psychiatric residential treatment facility is medically necessary. (iii) Whether there is any less restrictive alternative to meet the nonminor dependent’s needs, including a less restrictive facility or home or community-based mental health services. (iv) Whether the psychiatric residential treatment facility, which is licensed pursuant to Section 4081, continues to meet its legal obligation to provide services to the nonminor dependent. (v) The county child welfare agency’s plan as described in subdivisions (c) and (d) of Section 16010.10, and the agency’s actions to implement that plan. (D) If the court finds at any review hearing that the nonminor dependent continues to voluntarily consent to admission and that the evidence supports the nonminor dependent’s need for care and treatment in the psychiatric residential treatment facility, the court shall enter these findings in the record and direct the social worker to transmit them to the facility or interdisciplinary team. The court may direct the social worker to work with the facility on the nonminor dependent’s aftercare plan as appropriate based on the nonminor dependent’s need to achieve independence. (E) (i) If the court finds that the nonminor dependent no longer voluntarily consents to admission, the social worker shall notify the facility and immediately work with the nonminor dependent and the facility for discharge to a less restrictive setting with the appropriate and necessary services and supports in place. A statement from the nonminor dependent’s attorney that the nonminor dependent no longer gives voluntary consent to the admission to the facility is be sufficient to support a finding that the nonminor dependent no longer gives voluntary consent. The court shall set a hearing no later than 30 days to verify that the nonminor dependent has been discharged. If the nonminor dependent has not been discharged by the time of the hearing, the court shall issue any and all orders to effectuate the nonminor dependent’s immediate discharge, including exercising its powers under subdivision (b) of Section 362. This paragraph does not preclude involuntary detention of the nonminor dependent pursuant to the requirements of the Lanterman-Petris-Short Act if the nonminor dependent withdraws voluntary consent. This paragraph does not preclude the nonminor dependent from arranging their own discharge from the facility without a court order. (ii) If the court’s determination under clause (i) includes a determination that the nonminor dependent should receive treatment through another hospital, program, facility, or community-based mental health service, the court shall hold a hearing no later than 60 days from the nonminor dependent’s discharge to ensure that the other services have been provided. (F) If the court determines the psychiatric residential treatment facility, which is licensed pursuant to Section 4081, failed to meet its legal obligation to provide services to the nonminor dependent, it may direct the social worker to engage with the facility to ensure the nonminor dependent is receiving all necessary services. If necessary, the court may exercise its powers under subdivision (b) of Section 362. (G) The court may make any orders necessary to ensure that the child welfare agency makes all necessary arrangements for the nonminor dependent’s discharge promptly and that all services and supports are in place for the child’s successful transition to a different setting. The court may direct the social worker to work with the facility on the nonminor dependent’s aftercare plans as appropriate based on the nonminor dependent’s progress. (H) This paragraph does not prevent the court from holding review hearings more frequently at its discretion. (g) Whenever a child or nonminor dependent is discharged due to revocation of consent to admission, the county child welfare agency shall, within two court days of being notified of the revocation of consent, file a petition pursuant to Section 388 requesting an order vacating the court’s authorization of the child’s or nonminor dependent’s admission to the facility. This subdivision does not require a court order for the discharge of a child arranged for by the child’s social worker or attorney or nonminor dependent when consent to admission has been withdrawn. (h) At any review hearing pursuant to Section 364, 366.21, 366.22, 366.3, or 366.31, if a child or nonminor dependent has been admitted to a psychiatric residential treatment facility pursuant to the consent of a conservator, the court shall review the child welfare agency’s plan developed pursuant to subdivisions (c) and (d) of Section 16010.10. The court may make any orders necessary to ensure that the child welfare agency promptly makes all necessary arrangements to ensure that the child or nonminor dependent is discharged in a timely manner and with all services and supports in place as necessary for a successful transition to a less restrictive setting. The court may direct the social worker to work with the facility and, where appropriate, the child’s or nonminor dependent’s court-appointed conservator, to ensure the child or nonminor dependent is receiving all necessary child welfare services and to develop the child’s or nonminor dependent’s aftercare plan as appropriate based on the evidence of the child’s or nonminor dependent’s progress. (i) The documentation required by this section shall not contain information that is privileged or confidential under existing state or federal law or regulation without the appropriate waiver or consent. (j) For purposes of this section, a “psychiatric residential treatment facility” refers to a psychiatric residential treatment facility defined in Section 1250.10 of the Health and Safety Code. (k) All provisions in this section that apply to nonminor dependents shall apply equally to foster children who remain under juvenile court jurisdiction pursuant to subdivision (a) of Section 303 after reaching the age of majority even if they do not meet the definition of “nonminor dependent” contained in subdivision (v) of Section 11400. (Added by Stats. 2022, Ch. 589, Sec. 6. (AB 2317) Effective January 1, 2023.)
361.3.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 10. Dependent Children—Judgments and Orders [360 - 371] ( Article 10 added by Stats. 1976, Ch. 1068. )
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When a child is removed from parental custody, the court and county social worker must give preferential consideration to relatives seeking placement, regardless of immigration status.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 10. Dependent Children—Judgments and Orders [360 - 371] ( Article 10 added by Stats. 1976, Ch. 1068. ) ## 361.3. (a) In any case in which a child is removed from the physical custody of their parents pursuant to Section 361, preferential consideration shall be given to a request by a relative of the child for placement of the child with the relative, regardless of the relative’s immigration status. In determining whether placement with a relative is appropriate, the county social worker and court shall consider, but shall not be limited to, consideration of all the following factors: (1) The best interest of the child, including special physical, psychological, educational, medical, or emotional needs. (2) The wishes of the parent, the relative, and child, if appropriate. (3) The provisions of Part 6 (commencing with Section 7950) of Division 12 of the Family Code regarding relative placement. (4) Placement of siblings and half siblings in the same home, unless that placement is found to be contrary to the safety and well-being of any of the siblings, as provided in Section 16002. (5) The good moral character of the relative and any other adult living in the home, including whether any individual residing in the home has a prior history of violent criminal acts or has been responsible for acts of child abuse or neglect. (6) The nature and duration of the relationship between the child and the relative, and the relative’s desire to care for, and to provide legal permanency for, the child if reunification is unsuccessful. (7) The ability of the relative to do the following: (A) Provide a safe, secure, and stable environment for the child. (B) Exercise proper and effective care and control of the child. (C) Provide a home and the necessities of life for the child. (D) Protect the child from their parents. (E) Facilitate court-ordered reunification efforts with the parents. (F) Facilitate visitation with the child’s other relatives. (G) Facilitate implementation of all elements of the case plan. (H) (i) Provide legal permanence for the child if reunification fails. (ii) However, any finding made with respect to the factor considered pursuant to this subparagraph and pursuant to subparagraph (G) shall not be the sole basis for precluding preferential placement with a relative. (I) Arrange for appropriate and safe childcare, as necessary. (8) (A) The safety of the relative’s home. For a relative to be considered appropriate to receive placement of a child under this section on an emergency basis, the relative’s home shall first be assessed pursuant to the process and standards described in Section 361.4. (B) In this regard, the Legislature declares that a physical disability, such as blindness or deafness, is no bar to the raising of children, and a county social worker’s determination as to the ability of a disabled relative to exercise care and control should center upon whether the relative’s disability prevents them from exercising care and control. The court shall order the parent to disclose to the county social worker the names, residences, and any other known identifying information of any maternal or paternal relatives of the child. This inquiry shall not be construed, however, to guarantee that the child will be placed with any person so identified. The county social worker shall initially contact the relatives given preferential consideration for placement to determine if they desire the child to be placed with them. Those desiring placement shall be assessed according to the factors enumerated in this subdivision. The county social worker shall document these efforts in the social study prepared pursuant to Section 358.1. The court shall authorize the county social worker, while assessing these relatives for the possibility of placement, to disclose to the relative, as appropriate, the fact that the child is in custody, the alleged reasons for the custody, and the projected likely date for the child’s return home or placement for adoption or legal guardianship. However, this investigation shall not be construed as good cause for continuance of the dispositional hearing conducted pursuant to Section 358. (b) In any case in which more than one relative requests preferential consideration pursuant to this section, each relative shall be considered under the factors enumerated in subdivision (a). Consistent with the legislative intent for children to be placed immediately with a relative, this section does not limit the county social worker’s ability to place a child in the home of a relative or a nonrelative extended family member pending the consideration of other relatives who have requested preferential consideration. (c) For purposes of this section: (1) “Preferential consideration” means that the relative seeking placement shall be the first placement to be considered and investigated. (2) “Relative” means an adult who is related to the child by blood, adoption, or affinity within the fifth degree of kinship, including stepparents, stepsiblings, and all relatives whose status is preceded by the words “great,” “great-great,” or “grand,” or the spouse of any of these persons even if the marriage was terminated by death or dissolution. (d) Subsequent to the hearing conducted pursuant to Section 358, whenever a new placement of the child must be made, consideration for placement shall again be given as described in this section to relatives who have not been found to be unsuitable and who will fulfill the child’s reunification or permanent plan requirements. In addition to the factors described in subdivision (a), the county social worker shall consider whether the relative has established and maintained a relationship with the child. (e) If the court does not place the child with a relative who has been considered for placement pursuant to this section, the court shall state for the record the reasons placement with that relative was denied. (f) (1) With respect to a child who satisfies the criteria set forth in paragraph (2), the department and any licensed adoption agency may search for a relative and furnish identifying information relating to the child to that relative if it is believed the child’s welfare will be promoted thereby. (2) Paragraph (1) shall apply if both of the following conditions are satisfied: (A) The child was previously a dependent of the court. (B) The child was previously adopted and the adoption has been disrupted, set aside pursuant to Section 9100 or 9102 of the Family Code, or the child has been released into the custody of the department or a licensed adoption agency by the adoptive parent or parents. (3) As used in this subdivision, “relative” includes a member of the child’s birth family and nonrelative extended family members, regardless of whether the parental rights were terminated, provided that both of the following are true: (A) No appropriate potential caretaker is known to exist from the child’s adoptive family, including nonrelative extended family members of the adoptive family. (B) The child was not the subject of a voluntary relinquishment by the birth parents pursuant to Section 8700 of the Family Code or Section 1255.7 of the Health and Safety Code. (g) Placement of an Indian child shall comply with the placement preferences set forth in Section 361.31. (Amended by Stats. 2024, Ch. 656, Sec. 16. (AB 81) Effective September 27, 2024.)
361.31.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 10. Dependent Children—Judgments and Orders [360 - 371] ( Article 10 added by Stats. 1976, Ch. 1068. )
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Rules for Indian child placements must follow this section’s placement preferences and related procedures.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 10. Dependent Children—Judgments and Orders [360 - 371] ( Article 10 added by Stats. 1976, Ch. 1068. ) ## 361.31. (a) If an Indian child is removed from the physical custody of their parents or Indian custodian pursuant to Section 361, the child’s placement shall comply with this section. The placement shall be analyzed each time there is a change in placement. (b) Any foster care or guardianship placement of an Indian child, or any emergency removal of a child who is known to be, or if there is reason to know that the child is, an Indian child shall be in the least restrictive setting that most approximates a family situation and in which the child’s special needs, if any, may be met. The child shall also be placed within reasonable proximity to the child’s home, taking into account any special needs of the child. Preference shall be given to the child’s placement with one of the following, in descending priority order: (1) A member of the child’s extended family, as defined in subdivision (c) of Section 224.1 and Section 1903 of the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.). (2) A foster home licensed, approved, or specified by the child’s Indian tribe. (3) An Indian foster home licensed or approved by an authorized non-Indian licensing authority. (4) An institution for children approved by an Indian tribe or operated by an Indian organization that has a program suitable to meet the Indian child’s needs. (c) In any adoptive placement of an Indian child, preference shall be given to a placement with one of the following, in descending priority order: (1) A member of the child’s extended family, as defined in subdivision (c) of Section 224.1 and Section 1903 of the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.). (2) Other members or citizens of the child’s Indian tribe. (3) Another Indian family. (d) Notwithstanding the placement preferences listed in subdivisions (b) and (c), if a different order of placement preference is established by the child’s Indian tribe, the court shall give full faith and credit to the preference established by the tribe, as they would to the laws of another state under the United States Constitution, and the agency effecting the placement shall follow that order of preference, so long as the placement is the least restrictive setting appropriate to the particular needs of the child as provided in subdivision (b). (e) Where appropriate, the placement preference of the Indian child, if of sufficient age, or parent shall be considered. In applying the preferences, a consenting parent’s request for anonymity shall also be given weight by the court or agency effecting the placement. (f) The prevailing social and cultural standards of the Indian community in which the parent or extended family members of an Indian child reside, or with which the parent or extended family members maintain social and cultural ties, or the prevailing social and cultural standards of the Indian child’s tribe shall be applied in meeting the placement preferences under this section. A determination of the applicable prevailing social and cultural standards may be confirmed by the Indian child’s tribe or by the testimony or other documented support of a qualified expert witness, as defined in subdivision (c) of Section 224.6, who is knowledgeable regarding the social and cultural standards of the Indian community. (g) Any person, county welfare agency, or probation department involved in the placement of an Indian child shall conduct a diligent search for placements that meet the placement preferences and use the services of the Indian child’s tribe, whenever available through the tribe, in seeking to secure placement within the order of placement preference established in this section and in the supervision of the placement. The responsibility for seeking a placement consistent with subdivision (b), (c), and (d) shall remain with the person, county welfare agency, or probation department seeking the placement. (h) If a party asserts that good cause not to follow the placement preferences exists, the reason for that assertion shall be stated orally on the record or provided in writing to the parties to the Indian child custody proceeding and the court. (i) The party seeking departure from the placement preferences shall bear the burden of proving by clear and convincing evidence that there is good cause to depart from the placement preferences. (j) A state court’s determination of good cause to depart from the placement preferences shall be made on the record or in writing and shall be based on one or more of the following considerations: (1) The request of one or both of the Indian child’s parents, if they attest that they have reviewed the placement options, if any, that comply with the order of preference. (2) The request of the child, if the child is of sufficient age and capacity to understand the decision that is being made. (3) The presence of a sibling attachment that can be maintained only through a particular placement. (4) The extraordinary physical, mental, or emotional needs of the Indian child, including specialized treatment services that may be unavailable in the community where families who meet the placement preferences live. (5) The unavailability of a suitable placement after a determination by the court that a diligent search was conducted. For purposes of this paragraph, the standard for determining whether a placement is unavailable shall conform to the prevailing social and cultural standards of the Indian community in which the Indian child’s parent or extended family resides or with which the Indian child’s parent or extended family members maintain social and cultural ties. (k) A placement shall not depart from the preferences based on the socioeconomic status of any placement relative to another placement. (l) A placement shall not depart from the preferences based solely on ordinary bonding or attachment that flowed from time spent in a nonpreferred placement that was made in violation of the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.). (m) A record of each foster care placement or adoptive placement of an Indian child shall be maintained in perpetuity by the State Department of Social Services. The record shall document the active efforts to comply with the applicable order of preference specified in this section, and shall be made available within 14 days of a request by the child’s tribe. (Amended by Stats. 2025, Ch. 67, Sec. 187. (AB 1170) Effective January 1, 2026.)
361.4.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 10. Dependent Children—Judgments and Orders [360 - 371] ( Article 10 added by Stats. 1976, Ch. 1068. )
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Before an emergency placement, the county welfare department must inspect the home and run required background and abuse/neglect checks. Some placements are barred based on CLETS results unless an exemption applies, and the court can sometimes authorize placement if it finds no risk to the child.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 10. Dependent Children—Judgments and Orders [360 - 371] ( Article 10 added by Stats. 1976, Ch. 1068. ) ## 361.4. (a) Prior to making the emergency placement of a child pursuant to subdivision (d) of Section 309 or Section 361.45, the county welfare department shall do all of the following: (1) Conduct an in-home inspection to assess the safety of the home and the ability of the relative or nonrelative extended family member to care for the child’s needs. (2) Cause a state-level criminal records check to be conducted by an appropriate government agency through the California Law Enforcement Telecommunications System (CLETS) pursuant to Section 16504.5 for all of the following: (A) All persons over 18 years of age living in the home of the relative or nonrelative extended family member seeking emergency placement of the child, excluding any person who is a nonminor dependent, as defined in subdivision (v) of Section 11400. (B) At the discretion of the county welfare department, any other person over 18 years of age known to the department to be regularly present in the home, other than professionals providing professional services to the child. (C) At the discretion of the county welfare department, any person over 14 years of age living in the home who the department believes may have a criminal record. This subparagraph shall not apply to a child under the jurisdiction of the juvenile court. (3) Conduct a check of allegations of prior child abuse or neglect concerning the relative or nonrelative extended family member and other adults in the home. (b) (1) If CLETS information obtained pursuant to paragraph (2) of subdivision (a) indicates that the person has no criminal record, the child may be placed in the home on an emergency basis. (2) If the CLETS information obtained pursuant to paragraph (2) of subdivision (a) indicates that the person has been convicted of an offense described in subparagraph (B) or (D) of paragraph (2) of subdivision (g) of Section 1522 of the Health and Safety Code, the child shall not be placed in the home unless a criminal record exemption has been granted using the exemption criteria specified in paragraph (2) of subdivision (g) of Section 1522 of the Health and Safety Code. (3) Notwithstanding paragraph (2), a child may be placed on an emergency basis if the CLETS information obtained pursuant to paragraph (2) of subdivision (a) indicates that the person has been convicted of an offense not described in subclause (II) of clause (i) of subparagraph (B) of paragraph (2) of subdivision (g) of Section 1522 of the Health and Safety Code, pending a criminal record exemption decision based on live scan fingerprint results if all of the following conditions are met: (A) The conviction does not involve an offense against a child. (B) The deputy director or director of the county welfare department, or their designee, determines that the placement is in the best interests of the child. (C) No party to the case objects to the placement. (4) If the CLETS information obtained pursuant to paragraph (2) of subdivision (a) indicates that the person has been arrested for any offense described in paragraph (2) of subdivision (e) of Section 1522 of the Health and Safety Code, the child shall not be placed on an emergency basis in the home until the investigation required by paragraph (1) of subdivision (e) of Section 1522 of the Health and Safety Code has been completed and the deputy director or director of the county welfare department, or their designee, and the court have considered the investigation results when determining whether the placement is in the best interests of the child. (5) If the CLETS information obtained pursuant to paragraph (2) of subdivision (a) indicates that the person has been convicted of an offense described in subparagraph (A) of paragraph (2) of subdivision (g) of Section 1522 of the Health and Safety Code, the child shall not be placed in the home on an emergency basis. (6) Notwithstanding paragraphs (2) and (5), or the placement recommendation of the county placing agency, the court may authorize the placement of a child on an emergency basis in the home of a relative, regardless of the status of any criminal record exemption or resource family approval, if the court finds that the placement does not pose a risk to the health and safety of the child. (c) Within 10 calendar days following the criminal records check conducted through the CLETS or 5 business days of making the emergency placement, whichever is sooner, the social worker shall ensure that a fingerprint clearance check of the relative or nonrelative extended family member and any other person whose criminal record was obtained pursuant to this section is initiated through the Department of Justice to ensure the accuracy of the criminal records check conducted through the CLETS and ensure criminal record clearance of the relative or nonrelative extended family member and all adults in the home pursuant to subparagraph (A) of paragraph (2) of subdivision (d) of Section 16519.5 and any associated written directives or regulations. (d) An identification card from a foreign consulate or foreign passport shall be considered a valid form of identification for conducting a criminal records check pursuant to this section. (e) Notwithstanding any other law, a federally recognized tribe or tribal organization, as defined in subdivision (d) of Section 10553.12, is authorized, but not required, to approve homes for the purpose of the emergency placement of an Indian child as defined in Section 224.1, if the federally recognized tribe or tribal organization provides written confirmation to the county agency that all steps required under subdivisions (a) and (b) have been completed. An emergency placement for an Indian child approved by a federally recognized tribe or tribal organization shall be eligible for the same funding afforded any other emergency placement approved by a county agency, including, but not limited to, funding under Sections 11402, 11461.3, and 11461.36. (Amended by Stats. 2024, Ch. 656, Sec. 18. (AB 81) Effective September 27, 2024.)
361.45.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 10. Dependent Children—Judgments and Orders [360 - 371] ( Article 10 added by Stats. 1976, Ch. 1068. )
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This section requires the county welfare department to assess and process emergency placement when a foster caregiver becomes suddenly unavailable, and sets deadlines for related approval steps and regulations.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 10. Dependent Children—Judgments and Orders [360 - 371] ( Article 10 added by Stats. 1976, Ch. 1068. ) ## 361.45. (a) Notwithstanding any other law, when the sudden unavailability of a foster caregiver requires a change in placement for a child who is under the jurisdiction of the juvenile court pursuant to Section 300, if a relative, as defined in Section 319, or a nonrelative extended family member, as defined in Section 362.7, is available and requests temporary placement of the child, the county welfare department shall initiate an assessment of the relative’s or nonrelative extended family member’s suitability pursuant to Section 361.4. (b) Upon completion of the assessment pursuant to Section 361.4, the child may be placed in the home on an emergency basis. Following the emergency placement of the child, the county welfare department shall require the relative or nonrelative extended family member to submit an application for approval as a resource family and initiate the home environment assessment no later than five business days after the placement. Thereafter, the county welfare department shall evaluate and approve or deny the home pursuant to Section 16519.5. (c) (1) On and after January 1, 2012, if a nonminor dependent, as defined in subdivision (v) of Section 11400, is placed in the home of a relative or nonrelative extended family member, the home shall be approved using the same standards set forth in regulations as described in Section 1502.7 of the Health and Safety Code. (2) On or before July 1, 2012, the department, in consultation with representatives of the Legislature, the County Welfare Directors Association, the Chief Probation Officers of California, the California Youth Connection, the Judicial Council, former foster youth, child advocacy organizations, dependency counsel for children, juvenile justice advocacy organizations, foster caregiver organizations, labor organizations, and representatives of Indian tribes, shall revise regulations regarding health and safety standards for approving relative homes in which nonminor dependents, as defined in subdivision (v) of Section 11400, of the juvenile court are placed under the responsibility of the county welfare or probation department, or an Indian tribe that entered into an agreement pursuant to Section 10553.1. (3) Notwithstanding the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3 of Title 2 of the Government Code), the department, in consultation with the stakeholders listed in paragraph (2), shall prepare for implementation of the applicable provisions of this section by publishing all-county letters or similar instructions from the department by October 1, 2011, to be effective January 1, 2012. Emergency regulations to implement this section may be adopted by the director in accordance with the Administrative Procedure Act. The initial adoption of the emergency regulations and one readoption of the initial regulations shall be deemed to be an emergency and necessary for the immediate preservation of the public peace, health, safety, or general welfare. Initial emergency regulations and the first readoption of those emergency regulations shall be exempt from review by the Office of Administrative Law. The emergency regulations authorized by this section shall be submitted to the Office of Administrative Law for filing with the Secretary of State and shall remain in effect for no more than 180 days. (Amended by Stats. 2017, Ch. 732, Sec. 50. (AB 404) Effective January 1, 2018.)
361.49.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 10. Dependent Children—Judgments and Orders [360 - 371] ( Article 10 added by Stats. 1976, Ch. 1068. )
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This section sets when a child is treated as having entered foster care, including a 60-day outside limit unless an earlier hearing date applies.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 10. Dependent Children—Judgments and Orders [360 - 371] ( Article 10 added by Stats. 1976, Ch. 1068. ) ## 361.49. (a) Except as provided in subdivision (b), regardless of their age, a child shall be deemed to have entered foster care on the earlier of the date of the jurisdictional hearing held pursuant to Section 356 or the date that is 60 days after the date on which the child was initially removed from the physical custody of their parent or guardian. (b) (1) When the court orders the custody of a child to be retained by the parent or guardian at disposition, even if the child was initially detained, and then subsequently removes the child at disposition on a petition brought under Section 342 or 387, the child is deemed to have entered foster care on the earlier of the date of the jurisdictional hearing held pursuant to Section 342 or 387 or the date that is 60 days after the date the child was initially removed from the physical custody of their parent or guardian on a petition brought under Section 342 or 387. (2) The disposition on a petition brought under Section 342 or 387 shall be considered the initial disposition for purposes of paragraph (1) of subdivision (e) of Section 366.21. (c) For the purpose of calculating the date of a continued permanency review hearing pursuant to paragraph (1) or (2) of subdivision (g) of Section 366.21 or a subsequent permanency review hearing pursuant to paragraph (1) of subdivision (b) of Section 366.22, the child shall be deemed to have been originally removed from the physical custody of their parent or guardian on the date they were taken into custody by the social worker based on a petition brought under Section 342 or 387. (Amended by Stats. 2024, Ch. 412, Sec. 1. (AB 2664) Effective January 1, 2025.)
361.5.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 10. Dependent Children—Judgments and Orders [360 - 371] ( Article 10 added by Stats. 1976, Ch. 1068. )
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This section requires juvenile courts to order child welfare services after a child is removed from a parent or guardian, with rules for reunification services, time limits, and exceptions.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 10. Dependent Children—Judgments and Orders [360 - 371] ( Article 10 added by Stats. 1976, Ch. 1068. ) ## 361.5. (a) Except as provided in subdivision (b), or when the parent has voluntarily relinquished the child and the relinquishment has been filed with the State Department of Social Services, or upon the establishment of an order of guardianship pursuant to Section 360, or when a court adjudicates a petition under Section 329 to modify the court’s jurisdiction from delinquency jurisdiction to dependency jurisdiction pursuant to subparagraph (A) of paragraph (2) of subdivision (b) of Section 607.2 and the parents or guardian of the ward have had reunification services terminated under the delinquency jurisdiction, whenever a child is removed from a parent’s or guardian’s custody, the juvenile court shall order the social worker to provide child welfare services to the child and the child’s mother and statutorily presumed father or guardians. Upon a finding and declaration of paternity by the juvenile court or proof of a prior declaration of paternity by any court of competent jurisdiction, the juvenile court may order services for the child and the biological father, if the court determines that the services will benefit the child. (1) Family reunification services, when provided, shall be provided as follows: (A) Except as otherwise provided in subparagraph (C), for a child who, on the date of initial removal from the physical custody of the child’s parent or guardian, was three years of age or older, court-ordered services shall be provided beginning with the dispositional hearing and ending 12 months after the date the child entered foster care as provided in Section 361.49, unless the child is returned to the home of the parent or guardian. (B) For a child who, on the date of initial removal from the physical custody of the child’s parent or guardian, was under three years of age, court-ordered services shall be provided for a period of 6 months from the dispositional hearing as provided in subdivision (e) of Section 366.21, but no longer than 12 months from the date the child entered foster care, as provided in Section 361.49, unless the child is returned to the home of the parent or guardian. (C) For the purpose of placing and maintaining a sibling group together in a permanent home should reunification efforts fail, for a child in a sibling group whose members were removed from parental custody at the same time, and in which one member of the sibling group was under three years of age on the date of initial removal from the physical custody of the child’s parent or guardian, court-ordered services for some or all of the sibling group may be limited as set forth in subparagraph (B). For the purposes of this paragraph, “a sibling group” shall mean two or more children who are related to each other as full or half siblings. (2) Any motion to terminate court-ordered reunification services prior to the hearing set pursuant to subdivision (f) of Section 366.21 for a child described by subparagraph (A) of paragraph (1), or prior to the hearing set pursuant to subdivision (e) of Section 366.21 for a child described by subparagraph (B) or (C) of paragraph (1), shall be made pursuant to the requirements set forth in subdivision (c) of Section 388. A motion to terminate court-ordered reunification services shall not be required at the hearing set pursuant to subdivision (e) of Section 366.21 if the court finds by clear and convincing evidence one of the following: (A) That the child was removed initially under subdivision (g) of Section 300 and the whereabouts of the parent are still unknown. (B) That the parent has failed to contact and visit the child. (C) That the parent has been convicted of a felony indicating parental unfitness. (3) (A) Notwithstanding subparagraphs (A), (B), and (C) of paragraph (1), court-ordered services may be extended up to a maximum time period not to exceed 18 months after the date the child was originally removed from physical custody of the child’s parent or guardian if it can be shown, at the hearing held pursuant to subdivision (f) of Section 366.21, that the permanent plan for the child is that the child will be returned and safely maintained in the home within the extended time period. The court shall extend the time period only if it finds that there is a substantial probability that the child will be returned to the physical custody of the child’s parent or guardian within the extended time period, or that reasonable services have not been provided to the parent or guardian. Additionally, in the case of an Indian child, the court shall extend the time period if it finds active efforts, as defined in subdivision (f) of Section 224.1, to reunite the child with their family have not been made. In determining whether court-ordered services may be extended, the court shall consider the special circumstances of an incarcerated or institutionalized parent or parents, parent or parents court-ordered to a residential substance abuse treatment program, or a parent who has been arrested and issued an immigration hold, detained by the United States Department of Homeland Security, or deported to the parent’s country of origin, including, but not limited to, barriers to the parent’s or guardian’s access to services and ability to maintain contact with their child. The court shall also consider, among other factors, good faith efforts that the parent or guardian has made to maintain contact with the child. If the court extends the time period, the court shall specify the factual basis for its conclusion that there is a substantial probability that the child will be returned to the physical custody of the child’s parent or guardian within the extended time period, that reasonable services have not been provided to the parent or guardian, or, in the case of an Indian child, that active efforts to reunite the child with their family have not been made. The court also shall make findings pursuant to subdivision (a) of Section 366 and subdivision (e) of Section 358.1. (B) When counseling or other treatment services are ordered, the parent or guardian shall be ordered to participate in those services, unless the parent’s or guardian’s participation is deemed by the court to be inappropriate or potentially detrimental to the child, or unless a parent or guardian is incarcerated or detained by the United States Department of Homeland Security and the corrections facility in which the parent or guardian is incarcerated does not provide access to the treatment services ordered by the court, or has been deported to their country of origin and services ordered by the court are not accessible in that country. Physical custody of the child by the parents or guardians during the applicable time period under subparagraph (A), (B), or (C) of paragraph (1) shall not serve to interrupt the running of the time period. If at the end of the applicable time period, a child cannot be safely returned to the care and custody of a parent or guardian without court supervision, but the child clearly desires contact with the parent or guardian, the court shall take the child’s desire into account in devising a permanency plan. (C) In cases where the child was under three years of age on the date of the initial removal from the physical custody of the child’s parent or guardian or is a member of a sibling group as described in subparagraph (C) of paragraph (1), the court shall inform the parent or guardian that the failure of the parent or guardian to participate regularly in any court-ordered treatment programs or to cooperate or avail themselves of services provided as part of the child welfare services case plan may result in a termination of efforts to reunify the family after six months. The court shall inform the parent or guardian of the factors used in subdivision (e) of Section 366.21 to determine whether to limit services to six months for some or all members of a sibling group as described in subparagraph (C) of paragraph (1). (4) (A) Notwithstanding paragraph (3), court-ordered services may be extended up to a maximum time period not to exceed 24 months after the date the child was originally removed from physical custody of the child’s parent or guardian if it is shown, at the hearing held pursuant to paragraph (1) of subdivision (b) of Section 366.22, that the permanent plan for the child is that the child will be returned and safely maintained in the home within the extended time period. The court shall extend the time period only if it finds that, (i) it is in the child’s best interest to have the time period extended and that there is a substantial probability that the child will be returned to the physical custody of the child’s parent or guardian who is described in subdivision (b) of Section 366.22 within the extended time period, (ii) reasonable services have not been provided to the parent or guardian, or (iii) in the case of an Indian child, active efforts, as defined in subdivision (f) of Section 224.1, to reunite the child with their family have not been made. If the court extends the time period, the court shall specify the factual basis for its conclusion that there is a substantial probability that the child will be returned to the physical custody of the child’s parent or guardian within the extended time period, or that reasonable services have not been provided to the parent or guardian. The court also shall make findings pursuant to subdivision (a) of Section 366 and subdivision (e) of Section 358.1. (B) When counseling or other treatment services are ordered, the parent or guardian shall be ordered to participate in those services, in order for substantial probability to be found. Physical custody of the child by the parents or guardians during the applicable time period under subparagraph (A), (B), or (C) of paragraph (1) shall not serve to interrupt the running of the time period. If at the end of the applicable time period, the child cannot be safely returned to the care and custody of a parent or guardian without court supervision, but the child clearly desires contact with the parent or guardian, the court shall take the child’s desire into account in devising a permanency plan. (C) Except in cases where, pursuant to subdivision (b), the court does not order reunification services, the court shall inform the parent or parents of Section 366.26 and shall specify that the parent’s or parents’ parental rights may be terminated. (b) Reunification services need not be provided to a parent or guardian described in this subdivision when the court finds, by clear and convincing evidence, any of the following: (1) That the whereabouts of the parent or guardian are unknown. A finding pursuant to this paragraph shall be supported by an affidavit or by proof that a reasonably diligent search has failed to locate the parent or guardian. The posting or publication of notices is not required in that search. (2) That the parent or guardian is suffering from a mental disability that is described in Chapter 2 (commencing with Section 7820) of Part 4 of Division 12 of the Family Code and that renders the parent or guardian incapable of utilizing those services. (3) That the child or a sibling of the child has been previously adjudicated a dependent pursuant to any subdivision of Section 300 as a result of physical or sexual abuse, that following that adjudication the child had been removed from the custody of the child’s parent or guardian pursuant to Section 361, that the child has been returned to the custody of the parent or guardian from whom the child had been taken originally, and that the child is being removed pursuant to Section 361, due to additional physical or sexual abuse. (4) That the parent or guardian of the child has caused the death of another child through abuse or neglect. (5) That the child was brought within the jurisdiction of the court under subdivision (e) of Section 300 because of the conduct of that parent or guardian. (6) (A) That the child has been adjudicated a dependent pursuant to any subdivision of Section 300 as a result of severe sexual abuse or the infliction of severe physical harm to the child, a sibling, or a half sibling by a parent or guardian, as defined in this subdivision, and the court makes a factual finding that it would not benefit the child to pursue reunification services with the offending parent or guardian. (B) A finding of severe sexual abuse, for the purposes of this subdivision, may be based on, but is not limited to, sexual intercourse, or stimulation involving genital-genital, oral-genital, anal-genital, or oral-anal contact, whether between the parent or guardian and the child or a sibling or half sibling of the child, or between the child or a sibling or half sibling of the child and another person or animal with the actual or implied consent of the parent or guardian; or the penetration or manipulation of the child’s, sibling’s, or half sibling’s genital organs or rectum by any animate or inanimate object for the sexual gratification of the parent or guardian, or for the sexual gratification of another person with the actual or implied consent of the parent or guardian. (C) A finding of the infliction of severe physical harm, for the purposes of this subdivision, may be based on, but is not limited to, deliberate and serious injury inflicted to or on a child’s body or the body of a sibling or half sibling of the child by an act or omission of the parent or guardian, or of another individual or animal with the consent of the parent or guardian; deliberate and torturous confinement of the child, sibling, or half sibling in a closed space; or any other torturous act or omission that would be reasonably understood to cause serious emotional damage. (7) That the parent is not receiving reunification services for a sibling or a half sibling of the child pursuant to paragraph (3), (5), or (6). (8) That the child was conceived by means of the commission of an offense listed in Section 288 or 288.5 of the Penal Code, or by an act committed outside of this state that, if committed in this state, would constitute one of those offenses. This paragraph only applies to the parent who committed the offense or act. (9) That the child has been found to be a child described in subdivision (g) of Section 300; that the parent or guardian of the child willfully abandoned the child, and the court finds that the abandonment itself constituted a serious danger to the child; or that the parent or other person having custody of the child voluntarily surrendered physical custody of the child pursuant to Section 1255.7 of the Health and Safety Code. For the purposes of this paragraph, “serious danger” means that without the intervention of another person or agency, the child would have sustained severe or permanent disability, injury, illness, or death. For purposes of this paragraph, “willful abandonment” shall not be construed as actions taken in good faith by the parent without the intent of placing the child in serious danger. (10) (A) That the court ordered termination of reunification services for any siblings or half siblings of the child because the parent or guardian failed to reunify with the sibling or half sibling after the sibling or half sibling had been removed from that parent or guardian pursuant to Section 361 and that parent or guardian is the same parent or guardian described in subdivision (a) and that, according to the findings of the court, this parent or guardian has not subsequently made a reasonable effort to treat the problems that led to removal of the sibling or half sibling of that child from that parent or guardian. (B) This paragraph does not apply if the only times the court ordered termination of reunification services for any siblings or half siblings of the child were when the parent was a minor parent, a nonminor dependent parent, or adjudged a ward of the juvenile court pursuant to Section 601 or 602. For purposes of this subparagraph, “minor parent” and “nonminor dependent parent” have the same meaning as in Section 16002.5. (11) (A) That the parental rights of a parent over any sibling or half sibling of the child had been permanently severed, and this parent is the same parent described in subdivision (a), and that, according to the findings of the court, this parent has not subsequently made a reasonable effort to treat the problems that led to removal of the sibling or half sibling of that child from the parent. (B) This paragraph does not apply if the only times the court permanently severed parental rights over any siblings or half siblings of the child were when the parent was a minor parent, a nonminor dependent parent, or adjudged a ward of the juvenile court pursuant to Section 601 or 602. For purposes of this subparagraph, “minor parent” and “nonminor dependent parent” have the same meaning as in Section 16002.5. (12) That the parent or guardian of the child has been convicted of a violent felony, as defined in subdivision (c) of Section 667.5 of the Penal Code. (13) That the parent or guardian of the child has a history of extensive, abusive, and chronic use of drugs or alcohol and has resisted prior court-ordered treatment for this problem during a three-year period immediately prior to the filing of the petition that brought that child to the court’s attention, or has failed or refused to comply with a program of drug or alcohol treatment described in the case plan required by Section 358.1 on at least two prior occasions, even though the programs identified were available and accessible. For purposes of this paragraph, “resisted” means the parent or guardian refused to participate meaningfully in a prior court-ordered drug or alcohol treatment program and does not include “passive resistance,” as described in In re B.E. (2020) 46 Cal.App.5th 932. (14) (A) That the parent or guardian of the child has advised the court that the parent or guardian is not interested in receiving family maintenance or family reunification services or having the child returned to or placed in the parent’s or guardian’s custody and does not wish to receive family maintenance or reunification services. (B) The parent or guardian shall be represented by counsel and shall execute a waiver of services form to be adopted by the Judicial Council. The court shall advise the parent or guardian of any right to services and of the possible consequences of a waiver of services, including the termination of parental rights and placement of the child for adoption. The court shall not accept the waiver of services unless it states on the record its finding that the parent or guardian has knowingly and intelligently waived the right to services. (15) That the parent or guardian has on one or more occasions willfully abducted the child or child’s sibling or half sibling from their placement and refused to disclose the child’s or child’s sibling’s or half sibling’s whereabouts, refused to return physical custody of the child or child’s sibling or half sibling to their placement, or refused to return physical custody of the child or child’s sibling or half sibling to the social worker. (16) That the parent or guardian has been required by the court to be registered on a sex offender registry under the federal Adam Walsh Child Protection and Safety Act of 2006 (42 U.S.C. Sec. 16913(a)), as required in Section 106(b)(2)(B)(xvi)(VI) of the federal Child Abuse Prevention and Treatment Act (42 U.S.C. Sec. 5106a(2)(B)(xvi)(VI)). (17) That the parent or guardian knowingly participated in, or permitted, the sexual exploitation, as described in subdivision (c) or (d) of Section 11165.1 of, or subdivision (c) of Section 236.1 of, the Penal Code, of the child. This shall not include instances in which the parent or guardian demonstrated by a preponderance of the evidence that the parent or guardian was coerced into permitting, or participating in, the sexual exploitation of the child. (c) (1) In deciding whether to order reunification in any case in which this section applies, the court shall hold a dispositional hearing. The social worker shall prepare a report that discusses whether reunification services shall be provided. When it is alleged, pursuant to paragraph (2) of subdivision (b), that the parent is incapable of utilizing services due to mental disability, the court shall order reunification services unless competent evidence from mental health professionals establishes that, even with the provision of services, the parent is unlikely to be capable of adequately caring for the child within the time limits specified in subdivision (a). (2) The court shall not order reunification for a parent or guardian described in paragraph (3), (4), (6), (7), (8), (9), (10), (11), (12), (13), (14), (15), (16), or (17) of subdivision (b) unless the court finds, by clear and convincing evidence, that reunification is in the best interest of the child. (3) In addition, the court shall not order reunification in any situation described in paragraph (5) of subdivision (b) unless it finds that, based on competent evidence, those services are likely to prevent reabuse or continued neglect of the child or that failure to try reunification will be detrimental to the child because the child is closely and positively attached to that parent. The social worker shall investigate the circumstances leading to the removal of the child and advise the court whether there are circumstances that indicate that reunification is likely to be successful or unsuccessful and whether failure to order reunification is likely to be detrimental to the child. (4) The failure of the parent to respond to previous services, the fact that the child was abused while the parent was under the influence of drugs or alcohol, a past history of violent behavior, or testimony by a competent professional that the parent’s behavior is unlikely to be changed by services are among the factors indicating that reunification services are unlikely to be successful. The fact that a parent or guardian is no longer living with an individual who severely abused the child may be considered in deciding that reunification services are likely to be successful, provided that the court shall consider any pattern of behavior on the part of the parent that has exposed the child to repeated abuse. (d) If reunification services are not ordered pursuant to paragraph (1) of subdivision (b) and the whereabouts of a parent become known within six months of the out-of-home placement of the child, the court shall order the social worker to provide family reunification services in accordance with this subdivision. (e) (1) If the parent or guardian is incarcerated, institutionalized, or detained by the United States Department of Homeland Security, or has been deported to the parent’s or guardian’s country of origin, the court shall order reasonable services unless the court determines, by clear and convincing evidence, those services would be detrimental to the child. In determining detriment, the court shall consider the age of the child, the degree of parent-child bonding, the length of the sentence, the length and nature of the treatment, the nature of the crime or illness, the degree of detriment to the child if services are not offered and, for children 10 years of age or older, the child’s attitude toward the implementation of family reunification services, the likelihood of the parent’s discharge from incarceration, institutionalization, or detention within the reunification time limitations described in subdivision (a), and any other appropriate factors. In determining the content of reasonable services, the court shall consider the particular barriers to an incarcerated, institutionalized, detained, or deported parent’s access to those court-mandated services and ability to maintain contact with the child, and shall document this information in the child’s case plan. Reunification services are subject to the applicable time limitations imposed in subdivision (a). Services may include, but shall not be limited to, all of the following: (A) Maintaining contact between the parent and child through collect telephone calls. (B) Transportation services, when appropriate. (C) Visitation services, when appropriate. (D) (i) Reasonable services to extended family members or foster parents providing care for the child if the services are not detrimental to the child. (ii) An incarcerated or detained parent may be required to attend counseling, parenting classes, or vocational training programs as part of the reunification service plan if actual access to these services is provided. The social worker shall document in the child’s case plan the particular barriers to an incarcerated, institutionalized, or detained parent’s access to those court-mandated services and ability to maintain contact with the child. (E) Reasonable efforts to assist parents who have been deported to contact child welfare authorities in their country of origin, to identify any available services that would substantially comply with case plan requirements, to document the parents’ participation in those services, and to accept reports from local child welfare authorities as to the parents’ living situation, progress, and participation in services. (2) The presiding judge of the juvenile court of each county may convene representatives of the county welfare department, the sheriff’s department, and other appropriate entities for the purpose of developing and entering into protocols for ensuring the notification, transportation, and presence of an incarcerated or institutionalized parent at all court hearings involving proceedings affecting the child pursuant to Section 2625 of the Penal Code. The county welfare department shall utilize the prisoner locator system developed by the Department of Corrections and Rehabilitation to facilitate timely and effective notice of hearings for incarcerated parents. (3) Notwithstanding any other law, if the incarcerated parent is a woman seeking to participate in the community treatment program operated by the Department of Corrections and Rehabilitation pursuant to Chapter 4.8 (commencing with Section 1174) of Title 7 of Part 2 of, Chapter 4 (commencing with Section 3410) of Title 2 of Part 3 of, the Penal Code, the court shall determine whether the parent’s participation in a program is in the child’s best interest and whether it is suitable to meet the needs of the parent and child. (4) Parents and guardians in custody prior to conviction shall not be denied reunification services pursuant to paragraph (1). In determining the content of reasonable services, the court shall consider the particular barriers to an incarcerated, institutionalized, detained, or deported parent’s or guardian’s access to those court-mandated services and ability to maintain contact with the child, and shall document this information in the child’s case plan. Reunification services are subject to the applicable time limitations imposed in subdivision (a). Nothing in this paragraph precludes denial of reunification services pursuant to subdivision (b). (f) If the court, pursuant to paragraph (2), (3), (4), (5), (6), (7), (8), (9), (10), (11), (12), (13), (14), (15), (16), or (17) of subdivision (b) or paragraph (1) of subdivision (e), does not order reunification services, it shall, at the dispositional hearing, that shall include a permanency hearing, determine if a hearing under Section 366.26 shall be set in order to determine whether adoption, guardianship, placement with a fit and willing relative, or another planned permanent living arrangement, or, in the case of an Indian child, in consultation with the child’s tribe, tribal customary adoption, is the most appropriate plan for the child, and shall consider in-state and out-of-state placement options. If the court so determines, it shall conduct the hearing pursuant to Section 366.26 within 120 days after the dispositional hearing. However, the court shall not schedule a hearing so long as the other parent is being provided reunification services pursuant to subdivision (a). The court may continue to permit the parent to visit the child unless it finds that visitation would be detrimental to the child. (g) (1) Whenever a court orders that a hearing shall be held pursuant to Section 366.26, including, when, in consultation with the child’s tribe, tribal customary adoption is recommended, it shall direct the agency supervising the child and the county adoption agency, or the State Department of Social Services when it is acting as an adoption agency, to prepare an assessment that shall include: (A) Current search efforts for an absent parent or parents and notification of a noncustodial parent in the manner provided for in Section 291. (B) A review of the amount of and nature of any contact between the child and the child’s parents and other members of the child’s extended family since the time of placement. Although the extended family of each child shall be reviewed on a case-by-case basis, “extended family” for the purpose of this subparagraph shall include, but not be limited to, the child’s siblings, grandparents, aunts, and uncles. (C) (i) An evaluation of the child’s medical, developmental, scholastic, mental, and emotional status. (ii) The evaluation pursuant to clause (i) shall include, but is not limited to, providing a copy of the complete health and education summary as required under Section 16010, including the name and contact information of the person or persons currently holding the right to make educational decisions for the child. (iii) In instances where it is determined that disclosure pursuant to clause (ii) of the contact information of the person or persons currently holding the right to make educational decisions for the child poses a threat to the health and safety of that individual or those individuals, that contact information shall be redacted or withheld from the evaluation. (D) A preliminary assessment of the eligibility and commitment of any identified prospective adoptive parent or guardian, including a prospective tribal customary adoptive parent, particularly the caretaker, to include a social history, including screening for criminal records and prior referrals for child abuse or neglect, the capability to meet the child’s needs, and the understanding of the legal and financial rights and responsibilities of adoption and guardianship. If a proposed guardian is a relative of the minor, the assessment shall also consider, but need not be limited to, all of the factors specified in subdivision (a) of Section 361.3 and in Section 361.4. As used in this subparagraph, “relative” means an adult who is related to the minor by blood, adoption, or affinity within the fifth degree of kinship, including stepparents, stepsiblings, and all relatives whose status is preceded by the words “great,” “great-great,” or “grand,” or the spouse of any of those persons even if the marriage was terminated by death or dissolution. If the proposed permanent plan is guardianship with an approved relative caregiver for a minor eligible for aid under the Kin-GAP Program, as provided for in Article 4.7 (commencing with Section 11385) of Chapter 2 of Part 3 of Division 9, “relative” as used in this section has the same meaning as “relative” as defined in subdivision (c) of Section 11391. (E) The relationship of the child to any identified prospective adoptive parent or guardian, including a prospective tribal customary parent, the duration and character of the relationship, the degree of attachment of the child to the prospective relative guardian or adoptive parent, the relative’s or adoptive parent’s strong commitment to caring permanently for the child, the motivation for seeking adoption or guardianship, a statement from the child concerning placement and the adoption or guardianship, and whether the child over 12 years of age has been consulted about the proposed relative guardianship arrangements, unless the child’s age or physical, emotional, or other condition precludes the child’s meaningful response, and, if so, a description of the condition. (F) An analysis of the likelihood that the child will be adopted if parental rights are terminated. (G) In the case of an Indian child, in addition to subparagraphs (A) to (F), inclusive, an assessment of the likelihood that the child will be adopted, when, in consultation with the child’s tribe, a tribal customary adoption, as defined in Section 366.24, is recommended. If tribal customary adoption is recommended, the assessment shall include an analysis of both of the following: (i) Whether tribal customary adoption would or would not be detrimental to the Indian child and the reasons for reaching that conclusion. (ii) Whether the Indian child cannot or should not be returned to the home of the Indian parent or Indian custodian and the reasons for reaching that conclusion. (2) (A) A relative caregiver’s preference for legal guardianship over adoption, if it is due to circumstances that do not include an unwillingness to accept legal or financial responsibility for the child, shall not constitute the sole basis for recommending removal of the child from the relative caregiver for purposes of adoptive placement. (B) Regardless of a relative caregiver’s immigration status, a relative caregiver shall be given information regarding the permanency options of guardianship and adoption, including the long-term benefits and consequences of each option, prior to establishing legal guardianship or pursuing adoption. If the proposed permanent plan is guardianship with an approved relative caregiver for a minor eligible for aid under the Kin-GAP Program, as provided for in Article 4.7 (commencing with Section 11385) of Chapter 2 of Part 3 of Division 9, the relative caregiver shall be informed about the terms and conditions of the negotiated agreement pursuant to Section 11387 and shall agree to its execution prior to the hearing held pursuant to Section 366.26. A copy of the executed negotiated agreement shall be attached to the assessment. (h) If, at any hearing held pursuant to Section 366.26, a guardianship is established for the minor with an approved relative caregiver and juvenile court dependency is subsequently dismissed, the minor shall be eligible for aid under the Kin-GAP Program as provided for in Article 4.5 (commencing with Section 11360) or Article 4.7 (commencing with Section 11385), as applicable, of Chapter 2 of Part 3 of Division 9. (i) In determining whether reunification services will benefit the child pursuant to paragraph (6) or (7) of subdivision (b), the court shall consider any information it deems relevant, including the following factors: (1) The specific act or omission comprising the severe sexual abuse or the severe physical harm inflicted on the child or the child’s sibling or half sibling. (2) The circumstances under which the abuse or harm was inflicted on the child or the child’s sibling or half sibling. (3) The severity of the emotional trauma suffered by the child or the child’s sibling or half sibling. (4) Any history of abuse of other children by the offending parent or guardian. (5) The likelihood that the child may be safely returned to the care of the offending parent or guardian within 12 months with no continuing supervision. (6) Whether or not the child desires to be reunified with the offending parent or guardian. (j) When the court determines that reunification services will not be ordered, it shall order that the child’s caregiver receive the child’s birth certificate in accordance with Sections 16010.4 and 16010.5. Additionally, when the court determines that reunification services will not be ordered, it shall order, when appropriate, that a child who is 16 years of age or older receive the child’s birth certificate. (k) The court shall read into the record the basis for a finding of severe sexual abuse or the infliction of severe physical harm under paragraph (6) of subdivision (b), and shall also specify the factual findings used to determine that the provision of reunification services to the offending parent or guardian would not benefit the child. (Amended by Stats. 2023, Ch. 458, Sec. 1. (AB 937) Effective January 1, 2024.)
361.6.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 10. Dependent Children—Judgments and Orders [360 - 371] ( Article 10 added by Stats. 1976, Ch. 1068. )
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The court may continue family reunification services for a nonminor dependent if the parties agree and the court finds it is in the dependent’s best interests and reunification is substantially likely by the next review hearing; otherwise, the court must terminate the services.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 10. Dependent Children—Judgments and Orders [360 - 371] ( Article 10 added by Stats. 1976, Ch. 1068. ) ## 361.6. (a) Notwithstanding any other law, the court may order family reunification services to continue for a nonminor dependent, as defined in subdivision (v) of Section 11400, if the nonminor dependent and parent, parents, or legal guardian are in agreement and the court finds that the continued provision of court-ordered family reunification services is in the best interests of the nonminor dependent and there is a substantial probability that the nonminor dependent will be able to safely reside in the home of the parent or guardian by the next review hearing. The continuation of the court-ordered reunification services shall not exceed the timeframes as set forth in Section 361.5. If the nonminor dependent or parent, parents, or legal guardian are not in agreement, or the court finds there is not a substantial probability that the nonminor will be able to safely reside in the home of the parent or guardian, the court shall terminate family reunification services to the parents or guardian. The nonminor dependent’s legal status as an adult is, in and of itself, a compelling reason not to hold a hearing pursuant to Section 366.26. The court may order that a nonminor dependent who is otherwise eligible for AFDC-FC benefits pursuant to Section 11403 remain in a planned, permanent living arrangement. (b) Any motion to terminate court-ordered family reunification services for a nonminor dependent prior to the hearing set pursuant to Section 366.31 shall be made pursuant to subdivision (c) of Section 388. (c) An order terminating court-ordered family reunification services under this section shall not be considered evidence of a condition required for the filing of a petition to terminate a parent’s or legal guardian’s court-ordered family reunification services with the nonminor dependent’s sibling or half-sibling under subdivision (c) of Section 388. (d) An order terminating court-ordered family reunification services under this section shall not be used to deny family reunification services to a parent or legal guardian for a nonminor dependent’s sibling or half-sibling under subdivision (b) of Section 361.5. (e) The continuation of court-ordered family reunification services under this section does not affect the nonminor’s eligibility for extended foster care benefits as a nonminor dependent as defined in subdivision (v) of Section 11400. The reviews conducted for any nonminor dependent shall be held pursuant to Section 366.31. (Added by Stats. 2012, Ch. 846, Sec. 16. (AB 1712) Effective January 1, 2013.)
361.7.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 10. Dependent Children—Judgments and Orders [360 - 371] ( Article 10 added by Stats. 1976, Ch. 1068. )
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A party seeking an involuntary foster care placement or termination of parental rights over an Indian child must prove active efforts were made and failed, document those efforts, and show them in detail.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 10. Dependent Children—Judgments and Orders [360 - 371] ( Article 10 added by Stats. 1976, Ch. 1068. ) ## 361.7. (a) Notwithstanding Section 361.5, a party seeking an involuntary foster care placement of, or termination of parental rights over, an Indian child shall provide evidence to the court that active efforts have been made to provide remedial services and rehabilitative programs designed to prevent the breakup of the Indian family and that these efforts have proved unsuccessful. The active efforts shall be documented in detail in the record. (b) What constitutes active efforts shall be assessed on a case-by-case basis. The active efforts shall be made in a manner that takes into account the prevailing social and cultural values, conditions, and way of life of the Indian child’s tribe. Active efforts shall utilize the available resources of the Indian child’s extended family, tribe, tribal and other Indian social service agencies, and individual Indian caregiver service providers. (c) A foster care placement or guardianship shall not be ordered in the proceeding in the absence of a determination, supported by clear and convincing evidence, including testimony of a qualified expert witness, as defined in Section 224.6, that the continued custody of the child by the parent or Indian custodian is likely to result in serious emotional or physical damage to the child. (Amended by Stats. 2018, Ch. 833, Sec. 30. (AB 3176) Effective January 1, 2019.)
361.8.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 10. Dependent Children—Judgments and Orders [360 - 371] ( Article 10 added by Stats. 1976, Ch. 1068. )
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This section limits how certain child-welfare decisions may be made for children of minor parents, nonminor dependent parents, or wards, and gives parents a right to consult legal counsel in certain custody or guardianship situations.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 10. Dependent Children—Judgments and Orders [360 - 371] ( Article 10 added by Stats. 1976, Ch. 1068. ) ## 361.8. (a) The Legislature declares that a child of a minor parent or nonminor dependent parent shall not be considered to be at risk of abuse or neglect solely on the basis of information concerning the parent’s or parents’ placement history, past behaviors, or health or mental health diagnoses occurring prior to the pregnancy, although that information may be taken into account when considering whether other factors exist that place the child at risk of abuse or neglect. (b) In the case of a child for whom one or both parents is a minor parent, a nonminor dependent parent, or adjudged to be a ward of the court pursuant to Section 601 or 602, all of the following shall apply: (1) Paragraphs (10) and (11) of subdivision (b) of Section 361.5 shall not apply, unless one or more of the circumstances described in paragraphs (1) to (9), inclusive, and paragraphs (12) to (17), inclusive, of subdivision (b) of Section 361.5 apply. (2) A party seeking an involuntary foster care placement of, or termination of parental rights over, a child born to a parent or parents who were minors or nonminor dependents at the time of the child’s birth shall demonstrate to the court that reasonable efforts were made to provide remedial services designed to prevent the removal of the child from the minor or nonminor dependent parent or parents, and that these efforts have proved unsuccessful. (3) The efforts made pursuant to paragraph (2) shall utilize the available resources of the child and the child’s minor or nonminor dependent parent’s or parents’ extended family, social services agencies, caregivers, and other available service providers. (4) Consistent with the intent of the Legislature, as described in Section 16002.5, a social worker or probation officer shall use a strengths-based approach to supporting a minor or nonminor dependent parent in providing a safe and permanent home for their child, including when the social worker or probation officer is conducting an investigation. An investigation shall not be conducted for the child of a minor parent or nonminor dependent parent unless a report has been made pursuant to Section 11166 of the Penal Code. (c) Except as provided in Section 301, prior to a social worker or probation officer arranging any informal or formal custody agreement that includes a temporary or permanent voluntary relinquishment of custody by a parent who is a ward of the juvenile court or a dependent or nonminor dependent parent, or recommending that a nonparent seek legal guardianship of the child of a ward, dependent, or nonminor dependent parent, the parent shall be advised of the right and have the opportunity to consult with their legal counsel. The social worker or probation officer shall note in the case file whether the dependent, nonminor dependent, or ward consulted with legal counsel, or if the opportunity for consultation was provided and the consultation did not occur, the reason that the consultation did not occur. (d) For purposes of this section, “child,” “minor parent,” and “nonminor dependent parent” have the same meaning as in Section 16002.5. (Amended by Stats. 2021, Ch. 585, Sec. 3. (AB 670) Effective January 1, 2022.)
362.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 10. Dependent Children—Judgments and Orders [360 - 371] ( Article 10 added by Stats. 1976, Ch. 1068. )
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Section 362 lets the juvenile court make reasonable orders for a dependent child’s care and allows related orders for parents, guardians, and agencies.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 10. Dependent Children—Judgments and Orders [360 - 371] ( Article 10 added by Stats. 1976, Ch. 1068. ) ## 362. (a) If a child is adjudged a dependent child of the court on the ground that the child is a person described by Section 300, the court may make any and all reasonable orders for the care, supervision, custody, conduct, maintenance, and support of the child, including medical treatment, subject to further order of the court. (b) (1) To facilitate coordination and cooperation among agencies, the court may, at any time after a petition has been filed, after giving notice and an opportunity to be heard, join in the juvenile court proceedings any agency that the court determines has failed to meet a legal obligation to provide services to a child for whom a petition has been filed under Section 300, to a nonminor, as described in Section 303, or to a nonminor dependent, as defined in subdivision (v) of Section 11400, regardless of the status of the adjudication. In any proceeding in which an agency is joined, the court shall not impose duties upon the agency beyond those mandated by law. Nothing in this section shall prohibit agencies that have received notice of the hearing on joinder from meeting prior to the hearing to coordinate services. (2) The court has no authority to order services unless it has been determined through the administrative process of an agency that has been joined as a party, that the child, nonminor, or nonminor dependent is eligible for those services. With respect to mental health assessment, treatment, and case management services pursuant to Chapter 26.5 (commencing with Section 7570) of Division 7 of Title 1 of the Government Code, the court’s determination shall be limited to whether the agency has complied with that chapter. (3) For the purposes of this subdivision, “agency” means any governmental agency or any private service provider or individual that receives federal, state, or local governmental funding or reimbursement for providing services directly to a child, nonminor, or nonminor dependent. (c) If a child is adjudged a dependent child of the court, on the ground that the child is a person described by Section 300, and the court orders that a parent or guardian shall retain custody of the child subject to the supervision of the social worker, the parents or guardians shall be required to participate in child welfare services or services provided by an appropriate agency designated by the court. (d) The juvenile court may direct any reasonable orders to the parents or guardians of the child who is the subject of any proceedings under this chapter as the court deems necessary and proper to carry out this section, including orders to appear before a county financial evaluation officer. That order may include a direction to participate in a counseling or education program, including, but not limited to, a parent education and parenting program operated by a community college, school district, or other appropriate agency designated by the court. A foster parent or relative with whom the child is placed may be directed to participate in such a program in cases in which the court deems participation is appropriate and in the child’s best interest. The program in which a parent or guardian is required to participate shall be designed to eliminate those conditions that led to the court’s finding that the child is a person described by Section 300. (e) If a child is adjudged a dependent child of the court, the juvenile court may direct any reasonable orders to the parents or guardians of the child who is the subject of any proceedings under this chapter to ensure the child’s regular school attendance and to make reasonable efforts to obtain educational services necessary to meet the specific needs of the child. (f) When making reasonable orders under this section, the court shall inquire whether a parent or guardian can afford the court-ordered services. (Amended by Stats. 2023, Ch. 552, Sec. 2. (AB 954) Effective January 1, 2024.)
362.04.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 10. Dependent Children—Judgments and Orders [360 - 371] ( Article 10 added by Stats. 1976, Ch. 1068. )
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Caregivers may arrange occasional short-term babysitting for foster children, but must use a reasonable and prudent parent standard when choosing babysitters and should provide key care and emergency information before leaving the child.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 10. Dependent Children—Judgments and Orders [360 - 371] ( Article 10 added by Stats. 1976, Ch. 1068. ) ## 362.04. (a) For purposes of this section: (1) “Caregiver” means any licensed certified foster parent, approved relative caregiver, or approved nonrelative extended family member, or approved resource family. (2) “Reasonable and prudent parent” or “reasonable and prudent parent standard” has the meaning set forth in subdivision (c) of Section 362.05. (3) “Short term” means no more than 24 consecutive hours. (b) Every caregiver may arrange for occasional short-term babysitting of their foster child and allow individuals to supervise the foster child for the purposes set forth in Section 362.05, or on occasions, including, but not limited to, when the foster parent has a medical or other health care appointment, grocery or other shopping, personal grooming appointments, special occasions for the foster parents, foster parent training classes, school-related meetings (such as parent-teacher conferences), business meetings, adult social gatherings, or an occasional evening out by the foster parent. (c) Caregivers shall use a reasonable and prudent parent standard in determining and selecting appropriate babysitters for occasional short-term use. (d) The caregiver shall endeavor to provide the babysitter with the following information before leaving the child for purposes of short-term care: (1) Information about the child’s emotional, behavioral, medical, or physical conditions, if any, necessary to provide care for the child during the time the foster child is being supervised by the babysitter. (2) Any medication that should be administered to the foster child during the time the foster child is being supervised by the babysitter. (3) Emergency contact information that is valid during the time the foster child is being supervised by the babysitter. (e) Babysitters selected by the caregiver to provide occasional short-term care to a foster child under the provisions of this section shall be exempt from any department regulation requiring health screening or cardiopulmonary resuscitation certification or training. (f) Each state and local entity shall ensure that private agencies that provide foster care services to dependent children have policies consistent with this section. Policies that are not consistent with this section include those that are incompatible with, contradictory to, or more restrictive than this section. (Amended by Stats. 2015, Ch. 425, Sec. 6. (SB 794) Effective January 1, 2016.)
362.05.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 10. Dependent Children—Judgments and Orders [360 - 371] ( Article 10 added by Stats. 1976, Ch. 1068. )
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Children adjudged dependent by the juvenile court are entitled to take part in age-appropriate activities, and caregivers and foster-care providers must use a reasonable and prudent parent standard when deciding permission.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 10. Dependent Children—Judgments and Orders [360 - 371] ( Article 10 added by Stats. 1976, Ch. 1068. ) ## 362.05. (a) (1) Every child adjudged a dependent child of the juvenile court shall be entitled to participate in age-appropriate extracurricular, enrichment, and social activities, including, but not limited to, access to computer technology and the Internet. A state or local regulation or policy shall not prevent, or create barriers to, participation in those activities. Each state and local entity shall ensure that private agencies that provide foster care services to dependent children have policies consistent with this section and that those agencies promote and protect the ability of dependent children to participate in age-appropriate extracurricular, enrichment, and social activities, including, but not limited to, access to computer technology and the Internet. A short-term residential therapeutic program or a group home administrator, a facility manager, or his or her responsible designee, and a caregiver, as defined in paragraph (1) of subdivision (a) of Section 362.04, shall use a reasonable and prudent parent standard in determining whether to give permission for a child residing in foster care to participate in extracurricular, enrichment, and social activities, including, but not limited to, access to computer technology and the Internet. A short-term residential therapeutic program or a group home administrator, a facility manager, or his or her responsible designee, and a caregiver shall take reasonable steps to determine the appropriateness of the activity in consideration of the child’s age, maturity, and developmental level. (2) Training for caregivers shall include knowledge and skills relating to the reasonable and prudent parent standard for the participation of the child in age or developmentally appropriate activities, consistent with this section and Section 671(a)(24) of Title 42 of the United States Code. (b) A short-term residential therapeutic program or a group home administrator, a facility manager, or his or her responsible designee, is encouraged to consult with social work or treatment staff members who are most familiar with the child at the group home in applying and using the reasonable and prudent parent standard. (c) (1) “Reasonable and prudent parent” or “reasonable and prudent parent standard” means the standard characterized by careful and sensible parental decisions that maintain the health, safety, and best interests of a child while at the same time encouraging the emotional and developmental growth of the child, that a caregiver shall use when determining whether to allow a child in foster care under the responsibility of the state to participate in age or developmentally appropriate extracurricular, enrichment, cultural, and social activities. (2) The term “age or developmentally appropriate” means both of the following: (A) Activities or items that are generally accepted as suitable for children of the same chronological age or level of maturity or that are determined to be developmentally appropriate for a child, based on the development of cognitive, emotional, physical, and behavioral capacities that are typical for an age or age group. (B) In the case of a specific child, activities or items that are suitable for the child based on the developmental stages attained by the child with respect to the cognitive, emotional, physical, and behavioral capacities of the child. (Amended by Stats. 2018, Ch. 997, Sec. 1. (AB 2448) Effective January 1, 2019.)
362.06.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 10. Dependent Children—Judgments and Orders [360 - 371] ( Article 10 added by Stats. 1976, Ch. 1068. )
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A caregiver is generally immune from civil liability for certain injuries or losses, but the immunity does not apply in listed exception cases.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 10. Dependent Children—Judgments and Orders [360 - 371] ( Article 10 added by Stats. 1976, Ch. 1068. ) ## 362.06. (a) As used in this section: (1) “Caregiver” has the same meaning as set forth in subdivision (a) of Section 362.04. (2) “Child” means a person who is under 18 years of age and placed in the care and supervision of the caregiver by a placing agency pursuant to a voluntary placement agreement or by order of the court. (3) “Nonminor dependent” has the same meaning as set forth in subdivision (v) of Section 11400. (4) “Placing agency” means a county child welfare department, a county probation department, or a foster family agency with responsibility for the placement of the child or nonminor dependent. (5) “Reasonable and prudent parent standard” has the same meaning as set forth in subdivision (c) of Section 362.05. (b) Except as provided in (c), a caregiver shall be immune from liability in a civil action to recover damages for injury, death, or loss to person or property caused by either of the following: (1) An act or omission made by the caregiver while exercising a reasonable and prudent parent standard. (2) An act or omission of a child or nonminor dependent while the child or nonminor dependent is placed in the home of the caregiver. (c) The immunity described in subdivision (b) shall not apply to a caregiver if any of the following apply: (1) The act of the caregiver exceeded a caregiver’s duty or authority, as defined by statute, regulation, licensing standards, or similar written instructions. (2) The act or omission of the caregiver was made with malice or in bad faith, or was a result of recklessness or gross negligence on the part of the caregiver. (3) The act or omission of the caregiver did not comply with instructions received from the county placing agency regarding specific care and supervision of the child. (4) Liability for the act or omission of the caregiver is expressly imposed by any other law. (d) The good faith of a caregiver and the compliance of the caregiver with any written instructions received from the county placing agency are presumed in a civil action. Any person who asserts that a caregiver did not act in good faith, or did not comply with written instructions received from the placing agency, has the burden of proving that assertion. (e) This section does not prevent foster children, their parents, guardians, or guardians ad litem from bringing a claim for damages arising from, and peculiar to, the foster care relationship, pursuant to the Foster Family Home and Small Family Home Insurance Fund established under Article 2.5 (commencing with Section 1527) of Chapter 3 of Division 2 of the Health and Safety Code. (Added by Stats. 2018, Ch. 910, Sec. 25. (AB 1930) Effective January 1, 2019.)
362.1.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 10. Dependent Children—Judgments and Orders [360 - 371] ( Article 10 added by Stats. 1976, Ch. 1068. )
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This section requires court orders in foster care/reunification cases to include visitation provisions, protect child safety, and address sibling relationships.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 10. Dependent Children—Judgments and Orders [360 - 371] ( Article 10 added by Stats. 1976, Ch. 1068. ) ## 362.1. (a) In order to maintain ties between the parent or guardian and any siblings and the child, and to provide information relevant to deciding if, and when, to return a child to the custody of his or her parent or guardian, or to encourage or suspend sibling interaction, any order placing a child in foster care, and ordering reunification services, shall provide as follows: (1) (A) Subject to subparagraph (B), for visitation between the parent or guardian and the child. Visitation shall be as frequent as possible, consistent with the well-being of the child. (B) No visitation order shall jeopardize the safety of the child. To protect the safety of the child, the court may keep the child’s address confidential. If the parent of the child has been convicted of murder in the first degree, as defined in Section 189 of the Penal Code, and the victim of the murder was the other parent of the child, the court shall order visitation between the child and the parent only if that order would be consistent with Section 3030 of the Family Code. (2) Pursuant to subdivision (b) of Section 16002, for visitation between the child and any siblings, unless the court finds by clear and convincing evidence that sibling interaction is contrary to the safety or well-being of either child. (3) Pursuant to subdivision (c) of Section 16002, for review of the reasons for any suspension of sibling interaction at each periodic review hearing pursuant to Section 366, and for a requirement that, in order for a suspension to continue, the court shall make a renewed finding that sibling interaction is contrary to the safety or well-being of either child. (4) If the child is a teen parent who has custody of his or her child and that child is not a dependent of the court pursuant to this chapter, for visitation among the teen parent, the child’s noncustodial parent, and appropriate family members, unless the court finds by clear and convincing evidence that visitation would be detrimental to the teen parent. (b) When reunification services are not ordered pursuant to Section 361.5, the child’s plan for legal permanency shall include consideration of the existence of and the relationship with any sibling pursuant to Section 16002, including their impact on placement and visitation. (c) As used in this section, “sibling” means a person related to the identified child by blood, adoption, or affinity through a common legal or biological parent. (Amended by Stats. 2015, Ch. 425, Sec. 8. (SB 794) Effective January 1, 2016.)
362.2.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 10. Dependent Children—Judgments and Orders [360 - 371] ( Article 10 added by Stats. 1976, Ch. 1068. )
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If the court orders an out-of-state placement for a child, it must state on the record that in-state alternatives were explored and could not meet the child’s needs, and it must give reasons for the placement.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 10. Dependent Children—Judgments and Orders [360 - 371] ( Article 10 added by Stats. 1976, Ch. 1068. ) ## 362.2. It is the intent of the Legislature that if a placement out-of-home is necessary pursuant to an individualized education program, that this placement be as near the child’s home as possible, unless it is not in the best interest of the child. When the court determines that it is the best interest of the child to be placed out-of-state, the court shall read into the record that in-state alternatives have been explored and that they cannot meet the needs of the child, and the court shall state on the record the reasons for the out-of-state placement. (Added by Stats. 1994, Ch. 1128, Sec. 2. Effective January 1, 1995.)
362.3.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 10. Dependent Children—Judgments and Orders [360 - 371] ( Article 10 added by Stats. 1976, Ch. 1068. )
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A juvenile court may issue a citation requiring certain parents, guardians, foster parents, or custodians to appear or bring the child to a hearing.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 10. Dependent Children—Judgments and Orders [360 - 371] ( Article 10 added by Stats. 1976, Ch. 1068. ) ## 362.3. In addition to the notice provided in Sections 297 and 332, the juvenile court may issue its citation directing any parent, guardian, or foster parent of the person concerning whom a petition has been filed to appear at the time and place set for any hearing under the provisions of this chapter, and directing any person having custody or control of the child concerning whom the petition has been filed to bring the child with him or her. The citation shall, in addition, state that a parent, guardian, or foster parent may be required to participate in a counseling or education program with the child concerning whom the petition has been filed. Personal service of the citation shall be made at least 24 hours before the time stated therein for the appearance. (Amended by Stats. 2002, Ch. 416, Sec. 9. Effective January 1, 2003.)
362.4.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 10. Dependent Children—Judgments and Orders [360 - 371] ( Article 10 added by Stats. 1976, Ch. 1068. )
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When the juvenile court ends jurisdiction over a dependent child, it may issue custody-related orders, and related superior court clerks and the Judicial Council have filing and form duties.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 10. Dependent Children—Judgments and Orders [360 - 371] ( Article 10 added by Stats. 1976, Ch. 1068. ) ## 362.4. (a) If the juvenile court terminates its jurisdiction over a minor who has been adjudged a dependent child of the juvenile court prior to the minor’s attainment of the age of 18 years, and proceedings for dissolution of marriage, for nullity of marriage, or for legal separation, of the minor’s parents, or proceedings to establish the paternity of the minor child brought under the Uniform Parentage Act, Part 3 (commencing with Section 7600) of Division 12 of the Family Code, are pending in the superior court of any county, or an order has been entered with regard to the custody of that minor, the juvenile court on its own motion, may issue a protective order as provided for in Section 213.5 or as defined in Section 6218 of the Family Code, and an order determining the custody of, or visitation with, the child. (b) Any order issued pursuant to this section shall continue until modified or terminated by a subsequent order of the superior court. The order of the juvenile court shall be filed in the proceeding for nullity, dissolution, or legal separation, or in the proceeding to establish paternity, at the time the juvenile court terminates its jurisdiction over the minor, and shall become a part thereof. (c) If no action is filed or pending relating to the custody of the minor in the superior court of any county, the juvenile court order may be used as the sole basis for opening a file in the superior court of the county in which the parent, who has been given custody, resides. The court may direct the parent or the clerk of the juvenile court to transmit the order to the clerk of the superior court of the county in which the order is to be filed. The clerk of the superior court shall, immediately upon receipt, open a file, without a filing fee, and assign a case number. (d) The clerk of the superior court shall, upon the filing of any juvenile court custody order, send a copy of the order with the case number by first-class mail or by electronic means pursuant to Section 212.5 to the juvenile court and to the parents at the address listed on the order. (e) The Judicial Council shall adopt forms for any custody or restraining order issued under this section. These form orders shall not be confidential. (Amended by Stats. 2017, Ch. 319, Sec. 130. (AB 976) Effective January 1, 2018.)
362.5.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 10. Dependent Children—Judgments and Orders [360 - 371] ( Article 10 added by Stats. 1976, Ch. 1068. )
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The clerk of the superior court must open a separate court file for nonminor dependents, and the file’s access is tightly limited.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 10. Dependent Children—Judgments and Orders [360 - 371] ( Article 10 added by Stats. 1976, Ch. 1068. ) ## 362.5. (a) The clerk of the superior court shall open a separate court file for nonminor dependents under the dependency, delinquency, or transition jurisdiction of the court. (b) Access to the nonminor dependent court file shall be limited to all of the following: (1) Court personnel. (2) The district attorney, if the nonminor dependent is also a delinquent ward. (3) The nonminor dependent. (4) The attorney for the nonminor dependent. (5) Judges, referees, and other hearing officers actively participating in juvenile proceedings involving the nonminor dependent. (6) The social services agency or probation department. (7) The State Department of Social Services, to carry out its duties pursuant to Division 9 (commencing with Section 10000), and Part 5 (commencing with Section 7900) of Division 12 of the Family Code, to oversee and monitor county child welfare agencies, children in foster care or receiving foster care assistance; and out-of-state placements, Section 10850.4, and pursuant to Section 2. (8) The county counsel. (9) Authorized legal staff or special investigators who are peace officers who are employed by, or who are authorized representatives of, the State Department of Social Services, as necessary for the performance of their duties to inspect, license, and investigate community care facilities, to ensure that the standards of care and services provided in those facilities are adequate and appropriate, and to ascertain compliance with the rules and regulations to which the facilities are subject. The confidential information shall remain confidential except for purposes of inspection, licensing, or investigation pursuant to Chapter 3 (commencing with Section 1500) and Chapter 3.4 (commencing with Section 1596.70) of Division 2 of the Health and Safety Code, or a criminal, civil, or administrative proceeding in relation thereto. The confidential information may be used by the State Department of Social Services in a criminal, civil, or administrative proceeding. The confidential information shall be available only to the judge or hearing officer and to the parties to the case. Names that are confidential shall be listed in attachments separate from the general pleadings. The confidential information shall be sealed after the conclusion of the criminal, civil, or administrative hearings, and may not subsequently be released, except in accordance with this subdivision. If the confidential information does not result in a criminal, civil, or administrative proceeding, it shall be sealed after the State Department of Social Services decides that no further action will be taken in the matter of suspected licensing violations. Except as otherwise provided in this subdivision, confidential information in the possession of the State Department of Social Services may not contain the name of the nonminor dependent. (c) The nonminor dependent’s parent and the parent’s attorney may only access the file if the parent is still receiving reunification services. (d) All other individuals requesting access to the court file must be designated by court order of the judge of the juvenile court upon filing a petition, which shall be determined pursuant to Section 827. (Added by Stats. 2012, Ch. 846, Sec. 17. (AB 1712) Effective January 1, 2013.)
362.6.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 10. Dependent Children—Judgments and Orders [360 - 371] ( Article 10 added by Stats. 1976, Ch. 1068. )
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When a hearing is requested, the sentencing court must send the request to CPS or the appropriate county entity, which must hold a hearing about whether visitation serves the child victim’s best interests.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 10. Dependent Children—Judgments and Orders [360 - 371] ( Article 10 added by Stats. 1976, Ch. 1068. ) ## 362.6. (a) When a hearing is requested pursuant to Section 1202.05 of the Penal Code, the sentencing court shall forward a copy of the request to the child protective services agency (CPS), or the appropriate entity, in the county in which any related dependency matters as to the affected child victim have been heard or to the county in which the child victim resides. CPS, or the appropriate entity, shall initiate a hearing to determine whether visitation between the child victim and the incarcerated person would be in the best interests of the child victim. If the court determines that visitation with the incarcerated person is in the best interests of the child victim, CPS, or the appropriate entity, shall notify the Department of Corrections to provide for contact or visitation, or both, as ordered by the court. (b) The court, if visitation is allowed, may impose whatever safeguards or restrictions it deems appropriate to protect the child victim. (c) The court’s order shall be transmitted to all parties and to the Department of Corrections. (d) Any party may return to the juvenile court at any time prior to the child victim’s 18th birthday and request modification of the court’s order based on a change of circumstances. For these purposes, the juvenile court shall retain jurisdiction over the matter until the child victim reaches the age of 18 years. (Added by Stats. 1992, Ch. 1008, Sec. 4. Effective January 1, 1993.)
362.7.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 10. Dependent Children—Judgments and Orders [360 - 371] ( Article 10 added by Stats. 1976, Ch. 1068. )
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When considering a nonrelative extended family member’s home for placement, the county welfare department must verify the relationship, and the home is evaluated under foster family home licensing standards.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 10. Dependent Children—Judgments and Orders [360 - 371] ( Article 10 added by Stats. 1976, Ch. 1068. ) ## 362.7. When the home of a nonrelative extended family member is being considered for placement of a child, the home shall be evaluated, and approval of that home shall be granted or denied, pursuant to the same standards set forth in the regulations for the licensing of foster family homes that prescribe standards of safety and sanitation for the physical plant and standards for basic personal care, supervision, and services provided by the caregiver. A “nonrelative extended family member” is defined as an adult caregiver who has an established familial relationship with a relative of the child, as defined in paragraph (2) of subdivision (c) of Section 361.3, or a familial or mentoring relationship with the child. The county welfare department shall verify the existence of a relationship through interviews with the parent and child or with one or more third parties. The parties may include relatives of the child, teachers, medical professionals, clergy, neighbors, and family friends. (Amended by Stats. 2013, Ch. 294, Sec. 1. (AB 545) Effective January 1, 2014.)
362.8.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 10. Dependent Children—Judgments and Orders [360 - 371] ( Article 10 added by Stats. 1976, Ch. 1068. )
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At certain review hearings, the court must not treat a parent or guardian as noncompliant with the case plan if they cannot pay for a service, would face undue financial hardship, and no comparable free service was accessible and available.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 10. Dependent Children—Judgments and Orders [360 - 371] ( Article 10 added by Stats. 1976, Ch. 1068. ) ## 362.8. (a) At a review hearing where a parent or guardian’s participation in reunification or family maintenance services is considered by the court, including, but not limited to, hearings pursuant to Sections 364, 366.21, 366.22, 366.25, and 388, the parent or guardian shall not be considered to be noncompliant with the court-ordered case plan when the court finds that the parent or guardian is unable to pay for a service or that payment for a service would create an undue financial hardship for the parent or guardian, and the social worker did not provide a comparable free service that was accessible and available to the parent or guardian to comply with the case plan during the period subject to the court’s review. (b) For purposes of this section, a parent or guardian who qualifies for the services of court-appointed counsel pursuant to Section 317 is presumed to be unable to pay the cost of court-ordered services. (Added by Stats. 2023, Ch. 552, Sec. 3. (AB 954) Effective January 1, 2024.)
363.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 10. Dependent Children—Judgments and Orders [360 - 371] ( Article 10 added by Stats. 1976, Ch. 1068. )
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If a child’s removal order is issued and the family is getting public assistance attributable to the child, the court order must be sent to the appropriate social services official, who must reduce the assistance by the child’s attributable amount.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 10. Dependent Children—Judgments and Orders [360 - 371] ( Article 10 added by Stats. 1976, Ch. 1068. ) ## 363. If the parent or person legally responsible for the care of any minor who is found to be a person described in Section 300 receives public assistance or care, any portion of which is attributable to the minor, a copy of the order of the court providing for the removal of the minor from his or her home shall be furnished to the appropriate social services official, who shall reduce the public assistance and care furnished the parent or other person by the amount attributable to the minor. (Amended by Stats. 1988, Ch. 701, Sec. 4. Effective August 29, 1988.)
364.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 10. Dependent Children—Judgments and Orders [360 - 371] ( Article 10 added by Stats. 1976, Ch. 1068. )
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This section requires the court to keep certain juvenile supervision hearings on a short timeline, requires the social worker to file and share a report before the hearing, and directs the court to decide whether supervision should continue or end.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 10. Dependent Children—Judgments and Orders [360 - 371] ( Article 10 added by Stats. 1976, Ch. 1068. ) ## 364. (a) Every hearing in which an order is made placing a child under the supervision of the juvenile court pursuant to Section 300 and in which the child is not removed from the physical custody of his or her parent or guardian shall be continued to a specific future date not to exceed six months after the date of the original dispositional hearing. The continued hearing shall be placed on the appearance calendar. The court shall advise all persons present of the date of the future hearings, of their rights to be present, and to be represented by counsel. (b) At least 10 calendar days prior to the hearing, the social worker shall file a supplemental report with the court describing the services offered to the family and the progress made by the family in eliminating the conditions or factors requiring court supervision. The social worker shall also make a recommendation regarding the necessity of continued supervision. A copy of this report shall be furnished to all parties at least 10 calendar days prior to the hearing. (c) After hearing any evidence presented by the social worker, the parent, the guardian, or the child, the court shall determine whether continued supervision is necessary. The court shall terminate its jurisdiction unless the social worker or his or her department establishes by a preponderance of evidence that the conditions still exist which would justify initial assumption of jurisdiction under Section 300, or that those conditions are likely to exist if supervision is withdrawn. Failure of the parent or guardian to participate regularly in any court ordered treatment program shall constitute prima facie evidence that the conditions which justified initial assumption of jurisdiction still exist and that continued supervision is necessary. (d) If the court retains jurisdiction it shall continue the matter to a specified date, not more than six months from the time of the hearing, at which point the court shall again follow the procedure specified in subdivision (c). (e) In any case in which the court has ordered that a parent or guardian shall retain physical custody of a child subject to supervision by a social worker, and the social worker subsequently receives a report of acts or circumstances which indicate that there is reasonable cause to believe that the child is a person described in subdivision (a), (d), or (e) of Section 300, the social worker shall commence proceedings under this chapter. If, as a result of the proceedings required, the court finds that the child is a person described in subdivision (a), (d), or (e) of Section 300, the court shall remove the child from the care, custody, and control of the child’s parent or guardian and shall commit the child to the care, custody, and control of the social worker pursuant to Section 361. (Amended by Stats. 1998, Ch. 1054, Sec. 29. Effective January 1, 1999.)
364.05.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 10. Dependent Children—Judgments and Orders [360 - 371] ( Article 10 added by Stats. 1976, Ch. 1068. )
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In a county of the first class, the report must be given to all parties at least 10 calendar days before the hearing, and the court must grant a short continuance if timely service did not happen unless waived or no prejudice is found.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 10. Dependent Children—Judgments and Orders [360 - 371] ( Article 10 added by Stats. 1976, Ch. 1068. ) ## 364.05. Notwithstanding Section 364, in a county of the first class, a copy of the report required pursuant to subdivision (b) of Section 364 shall be provided to all parties at least 10 calendar days before the hearing. This may be accomplished by electronically serving the report pursuant to Section 212.5 or by mailing the report at least 15 calendar days before the hearing to a party whose address is within the State of California, or at least 20 calendar days before the hearing to a party whose address is outside the State of California. The court shall grant a reasonable continuance, not to exceed 10 calendar days, upon request by any party or his or her counsel on the ground that the report was not provided at least 10 calendar days before the hearing as required by this section, unless the party or his or her counsel has expressly waived the requirement that the report be provided within the 10-day period or the court finds that the party’s ability to proceed at the hearing is not prejudiced by the lack of timely service of the report. In making this determination, the court shall presume that a party is prejudiced by the lack of timely service of the report, and may find that the party is not prejudiced only by clear and convincing evidence to the contrary. (Amended by Stats. 2017, Ch. 319, Sec. 131. (AB 976) Effective January 1, 2018.)
365.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 10. Dependent Children—Judgments and Orders [360 - 371] ( Article 10 added by Stats. 1976, Ch. 1068. )
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The court may require social workers or certain agencies to provide periodic reports, and may also require visitation and related reports, for children committed to their care under Section 362.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 10. Dependent Children—Judgments and Orders [360 - 371] ( Article 10 added by Stats. 1976, Ch. 1068. ) ## 365. The court may require the social worker or any other agency to render any periodic reports concerning children committed to its care, custody, and control under the provisions of Section 362 that the court deems necessary or desirable. The court may require that the social worker, or any other public agency organized to provide care for needy or neglected children, shall perform the visitation and make periodic reports to the courts concerning children committed under those provisions that the court deems necessary or desirable. (Amended by Stats. 1998, Ch. 1054, Sec. 30. Effective January 1, 1999.)
366.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 10. Dependent Children—Judgments and Orders [360 - 371] ( Article 10 added by Stats. 1976, Ch. 1068. )
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Courts must periodically review foster-care dependency cases at least every six months and make specific findings about placement, safety, family connections, services, and permanency planning.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 10. Dependent Children—Judgments and Orders [360 - 371] ( Article 10 added by Stats. 1976, Ch. 1068. ) ## 366. (a) (1) The status of every dependent child in foster care shall be reviewed periodically as determined by the court but no less frequently than once every six months, as calculated from the date of the original dispositional hearing, until the hearing described in Section 366.26 is completed. The court shall consider the safety of the child and shall determine all of the following: (A) The continuing necessity for and appropriateness of the placement. If the child or nonminor dependent is placed in a short-term residential therapeutic program on or after October 1, 2021, or placed in a community treatment facility on or after July 1, 2022, the court shall consider the evidence and documentation submitted pursuant to subdivision (m) of Section 366.1 in making this determination. (B) For a child or nonminor dependent who is not residing with their relatives, nonrelative extended family members, or in the case of an Indian child, their extended family members as defined in Section 224.1, or an Indian custodian, whether the social worker has continued efforts, and in the case of an Indian child, the active efforts, as defined by subdivision (f) of Section 224.1, to locate any relatives, extended family members, or nonrelative extended family members who could provide family support or possible placement of the child or nonminor dependent and the names of those relatives, extended family members, or nonrelative extended family members and the results of those efforts. (C) The extent of the agency’s compliance with the case plan in making reasonable efforts, or, in the case of a child 16 years of age or older with another planned permanent living arrangement, the ongoing and intensive efforts, to return the child to a safe home and to complete any steps necessary to finalize the permanent placement of the child, including efforts to maintain relationships between a child who is 10 years of age or older and who has been in an out-of-home placement for six months or longer, and individuals other than the child’s siblings who are important to the child, consistent with the child’s best interests. Where it is known or there is reason to know that the child is an Indian child, as defined by Section 224.1, the court shall also determine whether the agency has made active efforts, as defined in Section 224.1 and as described in Section 361.7, to provide remedial services and rehabilitative programs designed to prevent the breakup of the Indian family. (D) Whether there should be any limitation on the right of the parent, guardian, or Indian custodian to make educational decisions or developmental services decisions for the child. That limitation shall be specifically addressed in the court order and shall not exceed those necessary to protect the child. Whenever the court specifically limits the right of the parent, guardian, or Indian custodian to make educational decisions or developmental services decisions for the child, the court shall at the same time appoint a responsible adult to make educational decisions or developmental services decisions for the child pursuant to Section 361. (E) (i) Whether the child has other siblings under the court’s jurisdiction, and, if any siblings exist, all of the following: (I) The nature of the relationship between the child and the child’s siblings. (II) The appropriateness of developing or maintaining the sibling relationships pursuant to Section 16002. (III) If the siblings are not placed together in the same home, why the siblings are not placed together and what efforts are being made to place the siblings together, or why those efforts are not appropriate. (IV) If the siblings are not placed together, all of the following: (ia) The frequency and nature of the visits between the siblings. (ib) If there are visits between the siblings, whether the visits are supervised or unsupervised. If the visits are supervised, a discussion of the reasons why the visits are supervised, and what needs to be accomplished in order for the visits to be unsupervised. (ic) If there are visits between the siblings, a description of the location and length of the visits. (id) Any plan to increase visitation between the siblings. (V) The impact of the sibling relationships on the child’s placement and planning for legal permanence. (VI) The continuing need to suspend sibling interaction, if applicable, pursuant to subdivision (c) of Section 16002. (ii) The factors the court may consider in making a determination regarding the nature of the child’s sibling relationships may include, but are not limited to, whether the siblings were raised together in the same home, whether the siblings have shared significant common experiences or have existing close and strong bonds, whether either sibling expresses a desire to visit or live with their sibling, as applicable, and whether ongoing contact is in the child’s best emotional interests. (F) The extent of progress that has been made toward alleviating or mitigating the causes necessitating placement in foster care. (G) (i) For a child who is 10 years of age or older, is in junior high, middle, or high school, and has been under the jurisdiction of the juvenile court for a year or longer, or a nonminor dependent, whether the social worker or probation officer has verified that the child or nonminor dependent has received comprehensive sexual health education that meets the requirements of Chapter 5.6 (commencing with Section 51930) of Part 28 of Division 4 of Title 2 of the Education Code through the school system or has ensured that the child will receive the instruction. (ii) For a child or nonminor dependent described in clause (i), whether the social worker or probation officer has done all of the following: (I) Informed the child or nonminor dependent that they may access age-appropriate, medically accurate information about reproductive and sexual health care, including, but not limited to, unplanned pregnancy prevention, abstinence, use of birth control, abortion, and the prevention and treatment of sexually transmitted infections. (II) Informed the child or nonminor dependent, in an age and developmentally appropriate manner, of the child’s right to consent to sexual and reproductive health services and the child’s confidentiality rights regarding those services. (III) Informed the child or nonminor dependent how to access reproductive and sexual health care services and facilitated access to that care, including by assisting with any identified barriers to care, as needed. (iii) This subparagraph does not affect any applicable confidentiality law. (iv) On or before January 1, 2023, the Judicial Council shall amend and adopt rules of court and develop appropriate forms for the implementation of this subparagraph. (H) (i) For a child who is 16 years of age or older or for a nonminor dependent, whether the social worker or probation officer has, pursuant to the requirements of paragraph (22) of subdivision (g) of Section 16501.1, identified the person or persons who shall be responsible for assisting the child or nonminor dependent with applications for postsecondary education and related financial aid, or that the child or nonminor dependent stated that they do not want to pursue postsecondary education, including career or technical education. (ii) On or before January 1, 2023, the Judicial Council shall amend and adopt rules of court and develop appropriate forms for the implementation of this subparagraph. (I) If the review hearing is the last review hearing to be held before the child attains 18 years of age, the court shall conduct the hearing pursuant to Section 366.31 or 366.32. (2) The court shall project a likely date by which the child may be returned to and safely maintained in the home or placed for adoption, tribal customary adoption in the case of an Indian child, legal guardianship, placed with a fit and willing relative, or in another planned permanent living arrangement. (b) Subsequent to the hearing, periodic reviews of each child in foster care shall be conducted pursuant to the requirements of Sections 366.3 and 16503. (c) If the child has been placed out of state, each review described in subdivision (a) and any reviews conducted pursuant to Sections 366.3 and 16503 shall also address whether the out-of-state placement continues to be the most appropriate placement selection and in the best interests of the child. (d) (1) A review described in subdivision (a) and any reviews conducted pursuant to Sections 366.3 and 16503 shall not result in a placement of a child outside the United States prior to a judicial finding that the placement is in the best interest of the child, except as required by federal law or treaty. (2) The party or agency requesting placement of the child outside the United States shall carry the burden of proof and must show, by clear and convincing evidence, that a placement outside the United States is in the best interest of the child. (3) In determining the best interest of the child, the court shall consider, but not be limited to, the following factors: (A) Placement with a relative. (B) Placement of siblings in the same home. (C) Amount and nature of any contact between the child and the potential guardian or caretaker. (D) Physical and medical needs of the dependent child. (E) Psychological and emotional needs of the dependent child. (F) Social, cultural, and educational needs of the dependent child. (G) Specific desires of any dependent child who is 12 years of age or older. (4) If the court finds that a placement outside the United States is, by clear and convincing evidence, in the best interest of the child, the court may issue an order authorizing the social worker or placing agency to make a placement outside the United States. A child subject to this subdivision shall not leave the United States prior to the issuance of the order described in this paragraph. (5) For purposes of this subdivision, “outside the United States” shall not include the lands of any federally recognized American Indian tribe or Alaskan Natives. (6) This section shall not apply to the placement of a dependent child with a parent. (e) (1) On and after July 1, 2021, a child shall not be placed or remain in an out-of-state residential facility, as defined in subdivision (b) of Section 7910 of the Family Code, unless the placement is ordered or approved pursuant to Section 361.21. (2) Notwithstanding any other law, on and after July 1, 2022, a child shall not be placed by a county child welfare agency in an out-of-state residential facility, as defined in subdivision (b) of Section 7910 of the Family Code, except for placements described in subdivision (h) of Section 7911.1 of the Family Code. (3) Notwithstanding any other law, a child who is placed in an out-of-state residential facility by a county child welfare agency shall not remain in an out-of-state residential facility, as defined in subdivision (b) of Section 7910 of the Family Code, after January 1, 2023. (f) The status review of every nonminor dependent, as defined in subdivision (v) of Section 11400, shall be conducted pursuant to the requirements of Sections 366.3, 366.31, or 366.32, and 16503 until dependency jurisdiction is terminated pursuant to Section 391. (Amended by Stats. 2024, Ch. 845, Sec. 2. (AB 2929) Effective January 1, 2025.)
366.05.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 10. Dependent Children—Judgments and Orders [360 - 371] ( Article 10 added by Stats. 1976, Ch. 1068. )
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In a county of the first class, supplemental reports for a status review hearing must be given to the parent or legal guardian and the child’s counsel at least 10 calendar days before the hearing, with limited mailing/e-service alternatives. If the report was late, the court must grant a reasonable continuance of up to 10 calendar days unless the timing requirement was waived or the court finds no prejudice.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 10. Dependent Children—Judgments and Orders [360 - 371] ( Article 10 added by Stats. 1976, Ch. 1068. ) ## 366.05. Notwithstanding subdivision (c) of Section 366.21, in a county of the first class, any supplemental report filed in connection with a status review hearing held pursuant to subdivision (a) of Section 366 shall be provided to the parent or legal guardian and to counsel for the child at least 10 calendar days before the hearing. This may be accomplished by electronically serving the report pursuant to Section 212.5 or by mailing the report at least 15 calendar days before the hearing to a party whose address is within the State of California, or at least 20 calendar days before the hearing to a party whose address is outside the State of California. The court shall grant a reasonable continuance, not to exceed 10 calendar days, upon request by any party or his or her counsel on the ground that the report was not provided at least 10 calendar days before the hearing as required by this section, unless the party or his or her counsel has expressly waived the requirement that the report be provided within the 10-day period or the court finds that the party’s ability to proceed at the hearing is not prejudiced by the lack of timely service of the report. In making this determination, the court shall presume that a party is prejudiced by the lack of timely service of the report, and may find that the party is not prejudiced only by clear and convincing evidence to the contrary. (Amended by Stats. 2017, Ch. 319, Sec. 132. (AB 976) Effective January 1, 2018.)
366.1.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 10. Dependent Children—Judgments and Orders [360 - 371] ( Article 10 added by Stats. 1976, Ch. 1068. )
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Supplemental reports under Section 366 must cover specified child welfare, education, family placement, and planning topics, and in some cases must limit or withhold sensitive contact information.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 10. Dependent Children—Judgments and Orders [360 - 371] ( Article 10 added by Stats. 1976, Ch. 1068. ) ## 366.1. Each supplemental report required to be filed pursuant to Section 366 shall include, but not be limited to, a factual discussion of each of the following subjects: (a) Whether the county welfare department social worker has considered either of the following: (1) Child protective services, as defined in Chapter 5 (commencing with Section 16500) of Part 4 of Division 9, as a possible solution to the problems at hand, and has offered those services to qualified parents, if appropriate under the circumstances. (2) Whether the child can be returned to the custody of the child’s parent who is enrolled in a certified substance abuse treatment facility that allows a dependent child to reside with the child’s parent. (b) What plan, if any, for the return and maintenance of the child in a safe home is recommended to the court by the county welfare department social worker. (c) Whether the subject child appears to be a person who is eligible to be considered for further court action to free the child from parental custody and control. (d) What actions, if any, have been taken by the parent to correct the problems that caused the child to be made a dependent child of the court. (e) If the parent or guardian is unwilling or unable to participate in making an educational decision for their child, or if other circumstances exist that compromise the ability of the parent or guardian to make educational decisions for the child, the county welfare department or social worker shall consider whether the right of the parent or guardian to make educational decisions for the child should be limited. If the supplemental report makes that recommendation, the report shall identify whether there is a responsible adult available to make educational decisions for the child pursuant to Section 361. (f) (1) The health and education of the minor, including a copy of the complete health and education summary, as required under Section 16010, including the name and contact information of the person or persons currently holding the right to make educational decisions for the child. (2) In instances in which it is determined that disclosure pursuant to paragraph (1) of the contact information of the person or persons currently holding the right to make educational decisions for the child poses a threat to the health and safety of that individual or those individuals, that contact information shall be redacted or withheld from the health and education summary within the supplemental report described in this section. (g) For a child or nonminor dependent who does not reside with their relatives, nonrelative extended family members, or in the case of an Indian child, their extended family members as defined in Section 224.1, or an Indian custodian, the continued efforts, and in the case of an Indian child, the active efforts, as defined by subdivision (f) of Section 224.1, that the social worker has made to locate any relatives, extended family members, or nonrelative extended family members who could provide family support or possible placement of the child or nonminor dependent and the names of those relatives, extended family members, or nonrelative extended family members. The social worker shall document the efforts and the results of those efforts. (h) (1) Whether the child has any siblings under the court’s jurisdiction, and, if any siblings exist, all of the following: (A) The nature of the relationship between the child and the child’s siblings. (B) The appropriateness of developing or maintaining the sibling relationships pursuant to Section 16002. (C) If the siblings are not placed together in the same home, why the siblings are not placed together and what efforts are being made to place the siblings together, or why those efforts are not appropriate. (D) If the siblings are not placed together, all of the following: (i) The frequency and nature of the visits between the siblings. (ii) If there are visits between the siblings, whether the visits are supervised or unsupervised. If the visits are supervised, a discussion of the reasons why the visits are supervised, and what needs to be accomplished in order for the visits to be unsupervised. (iii) If there are visits between the siblings, a description of the location and length of the visits. (iv) Any plan to increase visitation between the siblings. (E) The impact of the sibling relationships on the child’s placement and planning for legal permanence. (2) The factual discussion shall include a discussion of indicators of the nature of the child’s sibling relationships, including, but not limited to, whether the siblings were raised together in the same home, whether the siblings have shared significant common experiences or have existing close and strong bonds, whether either sibling expresses a desire to visit or live with their sibling, as applicable, and whether ongoing contact is in the child’s best emotional interests. (i) (1) For a child who is 10 years of age or older and has been under the jurisdiction of the juvenile court for a year or longer, or a nonminor dependent, either of the following: (A) For a child in junior high or middle school, either that the child has already received comprehensive sexual health education that meets the requirements of Chapter 5.6 (commencing with Section 51930) of Part 28 of Division 4 of Title 2 of the Education Code through the school system while in junior high or middle school or how the county will ensure that the child receives that instruction at least once before completing junior high or middle school if the child remains under the jurisdiction of the juvenile court during that timeframe. (B) For a child in high school or a nonminor dependent, either that the child has received comprehensive sexual health education that meets the requirements of Chapter 5.6 (commencing with Section 51930) of Part 28 of Division 4 of Title 2 of the Education Code through the school system while in high school, or how the county will ensure that the child or nonminor dependent receives that instruction at least once before completing high school if the child remains under the jurisdiction of the juvenile court during that timeframe. (2) For a child who is 10 years of age or older or a nonminor dependent, whether the social worker or probation officer has done all of the following: (A) Informed the child or nonminor dependent that they may access age-appropriate, medically accurate information about reproductive and sexual health care, including, but not limited to, unplanned pregnancy prevention, abstinence, use of birth control, abortion, and the prevention and treatment of sexually transmitted infections. (B) Informed the child or nonminor dependent, in an age and developmentally appropriate manner, of the child’s right to consent to sexual and reproductive health services and the child’s confidentiality rights regarding those services. (C) Informed the child or nonminor dependent how to access reproductive and sexual health care services and facilitated access to that care, including by assisting with any identified barriers to care, as needed. (3) This subdivision does not affect any applicable confidentiality law. (4) On or before January 1, 2023, the Judicial Council shall amend and adopt rules of court and develop appropriate forms for the implementation of this subdivision. (j) (1) For a child who is 16 years of age or older or for a nonminor dependent, whether the social worker or probation officer has, pursuant to the requirements of paragraph (22) of subdivision (g) of Section 16501.1, identified the person or persons who shall be responsible for assisting the child or nonminor dependent with applications for postsecondary education and related financial aid, or that the child or nonminor dependent stated that they do not want to pursue postsecondary education, including career or technical education. (2) On or before January 1, 2023, the Judicial Council shall amend and adopt rules of court and develop appropriate forms for the implementation of this subdivision. (k) Whether a child who is 10 years of age or older and who has been in an out-of-home placement for six months or longer has relationships with individuals other than the child’s siblings who are important to the child, consistent with the child’s best interests, and actions taken to maintain those relationships. The social worker shall ask every child who is 10 years of age or older and who has been in an out-of-home placement for six months or longer to identify any individuals other than the child’s siblings who are important to the child, consistent with the child’s best interest. The social worker may ask any other child to provide that information, as appropriate. (l) The implementation and operation of the amendments to subdivision (j) enacted at the 2005–06 Regular Session shall be subject to appropriation through the budget process and by phase, as provided in Section 366.35. (m) On and after October 1, 2021, for a child whose placement in a short-term residential therapeutic program has been reviewed and approved, and, on and after July 1, 2022, for a child whose placement in a community treatment facility has been reviewed and approved, pursuant to Section 361.22, the supplemental report shall include evidence of all of the following: (1) Ongoing assessment of the strengths and needs of the child that continues to support the determination that the needs of the child cannot be met by family members or in another family-based setting, placement in a short-term residential therapeutic program or community treatment facility, as applicable, continues to provide the most effective and appropriate care setting in the least restrictive environment, and placement is consistent with the short- and long-term mental and behavioral health goals and permanency plan for the child. (2) Documentation of the child’s specific treatment or service needs that will be met in the placement and the length of time the child is expected to need the treatment or services. For a Medi-Cal beneficiary, the determination of services and expected length of time for those services funded by Medi-Cal shall be based upon medical necessity and on all other state and federal Medi-Cal requirements, and shall be reflected in the documentation. (3) Documentation of the intensive and ongoing efforts made by the child welfare department, consistent with the child’s permanency plan, to prepare the child to return home or to be placed with a fit and willing relative, a legal guardian, an adoptive parent, in a resource family home or tribally approved home, or in another appropriate family-based setting. (Amended by Stats. 2024, Ch. 845, Sec. 3. (AB 2929) Effective January 1, 2025.)
366.2.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 10. Dependent Children—Judgments and Orders [360 - 371] ( Article 10 added by Stats. 1976, Ch. 1068. )
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A court report under Section 366.1 must include copies of certain child and family team action plans.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 10. Dependent Children—Judgments and Orders [360 - 371] ( Article 10 added by Stats. 1976, Ch. 1068. ) ## 366.2. The court report prepared pursuant to Section 366.1 shall include a copy of each child and family team action plan, as required by subparagraph (B) of paragraph (5) of subdivision (a) of Section 16501, that is completed on or after January 1, 2026, and was not previously provided to the court. (Repealed and added by Stats. 2025, Ch. 79, Sec. 5. (SB 119) Effective July 29, 2025.)
366.21.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 10. Dependent Children—Judgments and Orders [360 - 371] ( Article 10 added by Stats. 1976, Ch. 1068. )
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This section sets deadlines and steps for juvenile court review hearings for dependent children, including reports, notice, return-to-parent decisions, reunification services, and permanency planning.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 10. Dependent Children—Judgments and Orders [360 - 371] ( Article 10 added by Stats. 1976, Ch. 1068. ) ## 366.21. (a) Every hearing conducted by the juvenile court reviewing the status of a dependent child shall be placed on the appearance calendar. The court shall advise all persons present at the hearing of the date of the future hearing and of their right to be present and represented by counsel. (b) Except as provided in Sections 294 and 295, notice of the hearing shall be provided pursuant to Section 293. (c) At least 10 calendar days before the hearing, the social worker shall file a supplemental report with the court regarding the services provided or offered to the parent or legal guardian to enable them to assume custody and the efforts made to achieve legal permanence for the child if efforts to reunify fail, including, but not limited to, efforts to maintain relationships between a child who is 10 years of age or older and has been in out-of-home placement for six months or longer and individuals who are important to the child, consistent with the child’s best interests; the progress made; and, where relevant, the prognosis for return of the child to the physical custody of their parent or legal guardian; and shall make their recommendation for disposition. If the child is a member of a sibling group described in subparagraph (C) of paragraph (1) of subdivision (a) of Section 361.5, the report and recommendation may also take into account those factors described in subdivision (e) relating to the child’s sibling group. If the recommendation is not to return the child to a parent or legal guardian, the report shall specify why the return of the child would be detrimental to the child. The social worker shall provide the parent or legal guardian, counsel for the child, and any court-appointed child advocate with a copy of the report, including their recommendation for disposition, at least 10 calendar days before the hearing. The report may be served pursuant to Section 212.5. In the case of a child removed from the physical custody of their parent or legal guardian, the social worker shall, at least 10 calendar days before the hearing, provide a summary of their recommendation for disposition to any foster parents, relative caregivers, and certified foster parents who have been approved for adoption by the State Department of Social Services when it is acting as an adoption agency or by a county adoption agency, community care facility, or foster family agency having the physical custody of the child. The social worker shall include a copy of the Judicial Council’s Caregiver Information Form (JV-290) with the summary of their recommendation to the child’s foster parents, relative caregivers, or foster parents approved for adoption, in the caregiver’s primary language when available, along with information on how to file the form with the court. The form and summary of the recommendation may be served electronically pursuant to Section 212.5. (d) Prior to any hearing involving a child in the physical custody of a community care facility or a foster family agency that may result in the return of the child to the physical custody of their parent or legal guardian, or in adoption or the creation of a legal guardianship, or in the case of an Indian child, in consultation with the child’s tribe, tribal customary adoption, the facility or agency shall file with the court a report, or a Judicial Council’s Caregiver Information Form (JV-290), containing its recommendation for disposition. Prior to the hearing involving a child in the physical custody of a foster parent, a relative caregiver, or a certified foster parent who has been approved for adoption by the State Department of Social Services when it is acting as an adoption agency or by a county adoption agency, the foster parent, relative caregiver, or the certified foster parent who has been approved for adoption by the State Department of Social Services when it is acting as an adoption agency or by a county adoption agency, may file with the court a report containing their recommendation for disposition. The court shall consider the report and recommendation filed pursuant to this subdivision prior to determining any disposition. (e) (1) At the review hearing held 6 months after the initial dispositional hearing, but no later than 12 months after the date the child entered foster care as determined in Section 361.49, whichever occurs earlier, after considering the admissible and relevant evidence, the court shall order the return of the child to the physical custody of their parent or legal guardian unless the court finds, by a preponderance of the evidence, that the return of the child to their parent or legal guardian would create a substantial risk of detriment to the safety, protection, or physical or emotional well-being of the child. The social worker shall have the burden of establishing that detriment. At the hearing, the court shall consider the criminal history, obtained pursuant to paragraph (1) of subdivision (f) of Section 16504.5, of the parent or legal guardian subsequent to the child’s removal to the extent that the criminal record is substantially related to the welfare of the child or the parent’s or guardian’s ability to exercise custody and control regarding their child, provided the parent or legal guardian agreed to submit fingerprint images to obtain criminal history information as part of the case plan. The court shall also consider whether the child can be returned to the custody of their parent who is enrolled in a certified substance abuse treatment facility that allows a dependent child to reside with their parent. The fact that the parent is enrolled in a certified substance abuse treatment facility shall not be, for that reason alone, prima facie evidence of detriment. In making its determination, the court shall review and consider the social worker’s report and recommendations and the report and recommendations of any child advocate appointed pursuant to Section 356.5; and shall consider the efforts or progress, or both, demonstrated by the parent or legal guardian and the extent to which they availed themselves of services provided, taking into account the particular barriers to a minor parent or a nonminor dependent parent, or an incarcerated, institutionalized, detained, or deported parent’s or legal guardian’s access to those court-mandated services and ability to maintain contact with their child. (2) Regardless of whether the child is returned to a parent or legal guardian, the court shall specify the factual basis for its conclusion that the return would be detrimental or would not be detrimental. The court also shall make appropriate findings pursuant to subdivision (a) of Section 366; and, when relevant, shall order any additional services reasonably believed to facilitate the return of the child to the custody of their parent or legal guardian. The court shall also inform the parent or legal guardian that if the child cannot be returned home by the 12-month permanency hearing, a proceeding pursuant to Section 366.26 may be instituted. This section does not apply in a case in which, pursuant to Section 361.5, the court has ordered that reunification services shall not be provided. (3) If the child was under three years of age on the date of the initial removal, or is a member of a sibling group described in subparagraph (C) of paragraph (1) of subdivision (a) of Section 361.5, and the court finds by clear and convincing evidence that the parent failed to participate regularly and make substantive progress in a court-ordered treatment plan, the court may schedule a hearing pursuant to Section 366.26 within 120 days. If, however, the court finds there is a substantial probability that the child, who was under three years of age on the date of initial removal or is a member of a sibling group described in subparagraph (C) of paragraph (1) of subdivision (a) of Section 361.5, may be returned to their parent or legal guardian within 6 months or that reasonable services have not been provided, or, in the case of an Indian child, active efforts as defined in subdivision (f) of Section 224.1 have not been made, the court shall continue the case to the 12-month permanency hearing. (4) For the purpose of placing and maintaining a sibling group together in a permanent home, the court, in making its determination to schedule a hearing pursuant to Section 366.26 for some or all members of a sibling group, as described in subparagraph (C) of paragraph (1) of subdivision (a) of Section 361.5, shall review and consider the social worker’s report and recommendations. Factors the report shall address, and the court shall consider, may include, but need not be limited to, whether the sibling group was removed from parental care as a group, the closeness and strength of the sibling bond, the ages of the siblings, the appropriateness of maintaining the sibling group together, the detriment to the child if sibling ties are not maintained, the likelihood of finding a permanent home for the sibling group, whether the sibling group is currently placed together in a preadoptive home or has a concurrent plan goal of legal permanency in the same home, the wishes of each child whose age and physical and emotional condition permits a meaningful response, and the best interests of each child in the sibling group. The court shall specify the factual basis for its finding that it is in the best interests of each child to schedule a hearing pursuant to Section 366.26 within 120 days for some or all of the members of the sibling group. (5) If the child was removed initially under subdivision (g) of Section 300 and the court finds by clear and convincing evidence that the whereabouts of the parent are still unknown, or the parent has failed to contact and visit the child, the court may schedule a hearing pursuant to Section 366.26 within 120 days. The court shall take into account any particular barriers to a parent’s ability to maintain contact with their child due to the parent’s incarceration, institutionalization, detention by the United States Department of Homeland Security, or deportation. If the court finds by clear and convincing evidence that the parent has been convicted of a felony indicating parental unfitness, the court may schedule a hearing pursuant to Section 366.26 within 120 days. (6) If the child had been placed under court supervision with a previously noncustodial parent pursuant to Section 361.2, the court shall determine whether supervision is still necessary. The court may terminate supervision and transfer permanent custody to that parent, as provided for by paragraph (1) of subdivision (b) of Section 361.2. (7) In all other cases, the court shall direct that any reunification services previously ordered shall continue to be offered to the parent or legal guardian pursuant to the time periods set forth in subdivision (a) of Section 361.5, provided that the court may modify the terms and conditions of those services. (8) If the child is not returned to their parent or legal guardian, the court shall determine by clear and convincing evidence whether reasonable services that were designed to aid the parent or legal guardian in overcoming the problems that led to the initial removal and the continued custody of the child have been provided or offered to the parent or legal guardian, and, in the case of an Indian child, whether the agency has made active efforts, as defined in Section 224.1, to provide remedial services and rehabilitative programs designed to prevent the breakup of the Indian family. The court shall order that those services be initiated, continued, or terminated. (f) (1) The permanency hearing shall be held no later than 12 months after the date the child entered foster care, as that date is determined pursuant to Section 361.49. At the permanency hearing, the court shall determine the permanent plan for the child, which shall include a determination of whether the child will be returned to the child’s home and, if so, when, within the time limits of subdivision (a) of Section 361.5. After considering the relevant and admissible evidence, the court shall order the return of the child to the physical custody of their parent or legal guardian unless the court finds, by a preponderance of the evidence, that the return of the child to their parent or legal guardian would create a substantial risk of detriment to the safety, protection, or physical or emotional well-being of the child. The social worker shall have the burden of establishing that detriment. (A) At the permanency hearing, the court shall consider the criminal history, obtained pursuant to paragraph (1) of subdivision (f) of Section 16504.5, of the parent or legal guardian subsequent to the child’s removal to the extent that the criminal record is substantially related to the welfare of the child or the parent’s or legal guardian’s ability to exercise custody and control regarding their child, provided that the parent or legal guardian agreed to submit fingerprint images to obtain criminal history information as part of the case plan. The court shall also determine by clear and convincing evidence whether reasonable services that were designed to aid the parent or legal guardian to overcome the problems that led to the initial removal and continued custody of the child have been provided or offered to the parent or legal guardian, and, in the case of an Indian child, whether the agency has made active efforts, as defined in Section 224.1, to provide remedial services and rehabilitative programs designed to prevent the breakup of the Indian family. (B) The court shall also consider whether the child can be returned to the custody of their parent who is enrolled in a certified substance abuse treatment facility that allows a dependent child to reside with their parent. The fact that the parent is enrolled in a certified substance abuse treatment facility shall not be, for that reason alone, prima facie evidence of detriment. (C) In making its determination, the court shall review and consider the social worker’s report and recommendations and the report and recommendations of any child advocate appointed pursuant to Section 356.5, shall consider the efforts or progress, or both, demonstrated by the parent or legal guardian and the extent to which they availed themselves of services provided, taking into account the particular barriers to a minor parent or a nonminor dependent parent, or an incarcerated, institutionalized, detained, or deported parent’s or legal guardian’s access to those court-mandated services and ability to maintain contact with their child, and shall make appropriate findings pursuant to subdivision (a) of Section 366. (D) For each youth 16 years of age and older, the court shall also determine whether services have been made available to assist them in making the transition from foster care to successful adulthood. (2) Regardless of whether the child is returned to their parent or legal guardian, the court shall specify the factual basis for its decision. If the child is not returned to a parent or legal guardian, the court shall specify the factual basis for its conclusion that the return would be detrimental. The court also shall make a finding pursuant to subdivision (a) of Section 366. If the child is not returned to their parent or legal guardian, the court shall consider, and state for the record, in-state and out-of-state placement options. If the child is placed out of the state, the court shall make a determination whether the out-of-state placement continues to be appropriate and in the best interests of the child. (g) If the time period in which the court-ordered services were provided has met or exceeded the time period set forth in subparagraph (A), (B), or (C) of paragraph (1) of subdivision (a) of Section 361.5, as appropriate, and a child is not returned to the custody of a parent or legal guardian at the permanency hearing held pursuant to subdivision (f), the court shall do one of the following: (1) Continue the case for up to 6 months for a permanency review hearing, provided that the hearing shall occur within 18 months of the date the child was originally taken from the physical custody of their parent or legal guardian. The court shall continue the case only if it finds that there is a substantial probability that the child will be returned to the physical custody of their parent or legal guardian and safely maintained in the home within the extended period of time or that reasonable services have not been provided to the parent or legal guardian, or in the case of an Indian child, that active efforts as defined in subdivision (f) of Section 224.1 have not been made by the agency. For purposes of this section, in order to find a substantial probability that the child will be returned to the physical custody of their parent or legal guardian and safely maintained in the home within the extended period of time, the court shall be required to find all of the following: (A) That the parent or legal guardian has consistently and regularly contacted and visited with the child. (B) That the parent or legal guardian has made significant progress in resolving problems that led to the child’s removal from the home. (C) The parent or legal guardian has demonstrated the capacity and ability both to complete the objectives of their treatment plan and to provide for the child’s safety, protection, physical and emotional well-being, and special needs. (i) For purposes of this subdivision, the court’s decision to continue the case based on a finding or substantial probability that the child will be returned to the physical custody of their parent or legal guardian is a compelling reason for determining that a hearing held pursuant to Section 366.26 is not in the best interests of the child. (ii) The court shall inform the parent or legal guardian that if the child cannot be returned home by the next permanency review hearing, a proceeding pursuant to Section 366.26 may be instituted. The court shall not order that a hearing pursuant to Section 366.26 be held unless there is clear and convincing evidence that reasonable services have been provided or offered to the parent or legal guardian, or, in the case of an Indian child, that the agency has made active efforts, as defined in Section 224.1, to provide remedial services and rehabilitative programs designed to prevent the breakup of the Indian family. (2) Continue the case for up to 6 months for a permanency review hearing, provided that the hearing shall occur within 18 months of the date the child was originally taken from the physical custody of their parent or legal guardian, if the parent has been arrested and issued an immigration hold, detained by the United States Department of Homeland Security, or deported to their country of origin, and the court determines either that there is a substantial probability that the child will be returned to the physical custody of their parent or legal guardian and safely maintained in the home within the extended period of time or that reasonable services have not been provided to the parent or legal guardian, or, in the case of an Indian child, that active efforts, as defined in Section 224.1, have not been made. (3) For purposes of paragraph (2), in order to find a substantial probability that the child will be returned to the physical custody of their parent or legal guardian and safely maintained in the home within the extended period of time, the court shall find all of the following: (A) The parent or legal guardian has consistently and regularly contacted and visited with the child, taking into account any particular barriers to a parent’s ability to maintain contact with their child due to the parent’s arrest and receipt of an immigration hold, detention by the United States Department of Homeland Security, or deportation. (B) The parent or legal guardian has made significant progress in resolving the problems that led to the child’s removal from the home. (C) The parent or legal guardian has demonstrated the capacity or ability both to complete the objectives of their treatment plan and to provide for the child’s safety, protection, physical and emotional well-being, and special needs. (4) Order that a hearing be held within 120 days, pursuant to Section 366.26, but only if the court does not continue the case to the permanency planning review hearing and there is clear and convincing evidence that reasonable services have been provided or offered to the parents or legal guardians, or in the case of an Indian child, that the agency has made active efforts, as defined in Section 224.1, to provide remedial services and rehabilitative programs designed to prevent the breakup of the Indian family. On and after January 1, 2012, a hearing pursuant to Section 366.26 shall not be ordered if the child is a nonminor dependent, unless the nonminor dependent is an Indian child and tribal customary adoption is recommended as the permanent plan. (5) Order that the child remain in foster care, but only if the court finds by clear and convincing evidence, based upon the evidence already presented to it, including a recommendation by the State Department of Social Services when it is acting as an adoption agency or by a county adoption agency, that there is a compelling reason for determining that a hearing held pursuant to Section 366.26 is not in the best interests of the child because the child is not a proper subject for adoption and has no one willing to accept legal guardianship as of the hearing date. For purposes of this section, a recommendation by the State Department of Social Services when it is acting as an adoption agency or by a county adoption agency that adoption is not in the best interests of the child shall constitute a compelling reason for the court’s determination. That recommendation shall be based on the present circumstances of the child and shall not preclude a different recommendation at a later date if the child’s circumstances change. On and after January 1, 2012, the nonminor dependent’s legal status as an adult is in and of itself a compelling reason not to hold a hearing pursuant to Section 366.26. The court may order that a nonminor dependent who otherwise is eligible pursuant to Section 11403 remain in a planned, permanent living arrangement. (A) The court shall make factual findings identifying any barriers to achieving the permanent plan as of the hearing date. When the child is under 16 years of age, the court shall order a permanent plan of return home, adoption, tribal customary adoption in the case of an Indian child, legal guardianship, or placement with a fit and willing relative, as appropriate. When the child is 16 years of age or older, or is a nonminor dependent, and no other permanent plan is appropriate at the time of the hearing, the court may order another planned permanent living arrangement, as described in paragraph (2) of subdivision (i) of Section 16501. (B) If the court orders that a child who is 10 years of age or older remain in foster care, the court shall determine whether the agency has made reasonable efforts to maintain the child’s relationships with individuals other than the child’s siblings who are important to the child, consistent with the child’s best interests, and may make any appropriate order to ensure that those relationships are maintained. (C) If the child is not returned to their parent or legal guardian, the court shall consider, and state for the record, in-state and out-of-state options for permanent placement. If the child is placed out of the state, the court shall make a determination whether the out-of-state placement continues to be appropriate and in the best interests of the child. (h) In any case in which the court orders that a hearing pursuant to Section 366.26 shall be held, it shall also order the termination of reunification services to the parent or legal guardian. The court shall continue to permit the parent or legal guardian to visit the child pending the hearing unless it finds that visitation would be detrimental to the child. The court shall make any other appropriate orders to enable the child to maintain relationships with individuals, other than the child’s siblings, who are important to the child, consistent with the child’s best interests. When the court orders a termination of reunification services to the parent or legal guardian, it shall also order that the child’s caregiver receive the child’s birth certificate in accordance with Sections 16010.4 and 16010.5. Additionally, when the court orders a termination of reunification services to the parent or legal guardian, it shall order, when appropriate, that a child who is 16 years of age or older receive their birth certificate. (i) (1) Whenever a court orders that a hearing pursuant to Section 366.26, including, when, in consultation with the child’s tribe, tribal customary adoption is recommended, shall be held, it shall direct the agency supervising the child and the county adoption agency, or the State Department of Social Services when it is acting as an adoption agency, to prepare an assessment that shall include: (A) Current search efforts for an absent parent or parents or legal guardians. (B) A review of the amount of and nature of any contact between the child and their parents or legal guardians and other members of their extended family since the time of placement. Although the extended family of each child shall be reviewed on a case-by-case basis, “extended family” for the purpose of this subparagraph shall include, but not be limited to, the child’s siblings, grandparents, aunts, and uncles. (C) (i) An evaluation of the child’s medical, developmental, scholastic, mental, and emotional status. (ii) The evaluation pursuant to clause (i) shall include, but is not limited to, providing a copy of the complete health and education summary as required under Section 16010, including the name and contact information of the person or persons currently holding the right to make educational decisions for the child. (iii) In instances where it is determined that disclosure pursuant to clause (ii) of the contact information of the person or persons currently holding the right to make educational decisions for the child poses a threat to the health and safety of that individual or those individuals, that contact information shall be redacted or withheld from the evaluation. (D) A preliminary assessment of the eligibility and commitment of any identified prospective adoptive parent or legal guardian, including the prospective tribal customary adoptive parent, particularly the caretaker, to include a social history including screening for criminal records and prior referrals for child abuse or neglect, the capability to meet the child’s needs, and the understanding of the legal and financial rights and responsibilities of adoption and guardianship. If a proposed guardian is a relative of the minor, the assessment shall also consider, but need not be limited to, all of the factors specified in subdivision (a) of Section 361.3 and in Section 361.4. (E) The relationship of the child to any identified prospective adoptive parent or legal guardian, the duration and character of the relationship, the degree of attachment of the child to the prospective relative guardian or adoptive parent, the relative’s or adoptive parent’s strong commitment to caring permanently for the child, the motivation for seeking adoption or guardianship, a statement from the child concerning placement and the adoption or guardianship, and whether the child, if over 12 years of age, has been consulted about the proposed relative guardianship arrangements, unless the child’s age or physical, emotional, or other condition precludes their meaningful response, and if so, a description of the condition. (F) A description of efforts to be made to identify a prospective adoptive parent or legal guardian, including, but not limited to, child-specific recruitment and listing on an adoption exchange within the state or out of the state. (G) An analysis of the likelihood that the child will be adopted if parental rights are terminated. (H) In the case of an Indian child, in addition to subparagraphs (A) to (G), inclusive, an assessment of the likelihood that the child will be adopted, when, in consultation with the child’s tribe, a tribal customary adoption, as defined in Section 366.24, is recommended. If tribal customary adoption is recommended, the assessment shall include an analysis of both of the following: (i) Whether tribal customary adoption would or would not be detrimental to the Indian child and the reasons for reaching that conclusion. (ii) Whether the Indian child cannot or should not be returned to the home of the Indian parent or Indian custodian and the reasons for reaching that conclusion. (2) (A) A relative caregiver’s preference for legal guardianship over adoption, if it is due to circumstances that do not include an unwillingness to accept legal or financial responsibility for the child, shall not constitute the sole basis for recommending removal of the child from the relative caregiver for purposes of adoptive placement. (B) Regardless of their immigration status, a relative caregiver shall be given information regarding the permanency options of guardianship and adoption, including the long-term benefits and consequences of each option, prior to establishing legal guardianship or pursuing adoption. If the proposed permanent plan is guardianship with an approved relative caregiver for a minor eligible for aid under the Kin-GAP Program, as provided for in Article 4.7 (commencing with Section 11385) of Chapter 2 of Part 3 of Division 9, the relative caregiver shall be informed about the terms and conditions of the negotiated agreement pursuant to Section 11387 and shall agree to its execution prior to the hearing held pursuant to Section 366.26. A copy of the executed negotiated agreement shall be attached to the assessment. (j) If, at any hearing held pursuant to Section 366.26, a guardianship is established for the minor with an approved relative caregiver, and juvenile court dependency is subsequently dismissed, the minor shall be eligible for aid under the Kin-GAP Program, as provided for in Article 4.5 (commencing with Section 11360) or Article 4.7 (commencing with Section 11385), as applicable, of Chapter 2 of Part 3 of Division 9. (k) As used in this section, “relative” means an adult who is related to the minor by blood, adoption, or affinity within the fifth degree of kinship, including stepparents, stepsiblings, and all relatives whose status is preceded by the words “great,” “great-great,” or “grand,” or the spouse of any of those persons even if the marriage was terminated by death or dissolution. If the proposed permanent plan is guardianship with an approved relative caregiver for a minor eligible for aid under the Kin-GAP Program, as provided for in Article 4.7 (commencing with Section 11385) of Chapter 2 of Part 3 of Division 9, “relative” as used in this section has the same meaning as “relative” as defined in subdivision (c) of Section 11391. (l) For purposes of this section, evidence of any of the following circumstances shall not, in and of itself, be deemed a failure to provide or offer reasonable services: (1) The child has been placed with a foster family that is eligible to adopt a child, or has been placed in a preadoptive home. (2) The case plan includes services to make and finalize a permanent placement for the child if efforts to reunify fail. (3) Services to make and finalize a permanent placement for the child, if efforts to reunify fail, are provided concurrently with services to reunify the family. (Amended by Stats. 2024, Ch. 656, Sec. 19. (AB 81) Effective September 27, 2024.)
366.215.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 10. Dependent Children—Judgments and Orders [360 - 371] ( Article 10 added by Stats. 1976, Ch. 1068. )
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When deciding whether to schedule a Section 366.26 hearing, the court must consider barriers a parent faces in maintaining contact with the child.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 10. Dependent Children—Judgments and Orders [360 - 371] ( Article 10 added by Stats. 1976, Ch. 1068. ) ## 366.215. With respect to a hearing held pursuant to subdivision (e) of Section 366.21, if the child in question was under three years of age on the date of the initial removal, or is a member of a sibling group described in subparagraph (C) of paragraph (1) of subdivision (a) of Section 361.5, the court, in determining whether to schedule a hearing pursuant to Section 366.26, shall take into account any particular barriers to a parent’s ability to maintain contact with his or her child due to the parent’s incarceration, institutionalization, detention by the United States Department of Homeland Security, or deportation. (Amended by Stats. 2012, Ch. 845, Sec. 11. (SB 1064) Effective January 1, 2013.)
366.22.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 10. Dependent Children—Judgments and Orders [360 - 371] ( Article 10 added by Stats. 1976, Ch. 1068. )
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This section requires the court to hold a permanency review hearing on time, decide whether the child should return home unless detriment is proven, and, if not, move toward further permanency planning and possible termination of reunification services.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 10. Dependent Children—Judgments and Orders [360 - 371] ( Article 10 added by Stats. 1976, Ch. 1068. ) ## 366.22. (a) (1) When a case has been continued pursuant to paragraph (1) or (2) of subdivision (g) of Section 366.21, the permanency review hearing shall occur within 18 months after the date the child was originally removed from the physical custody of their parent or legal guardian. After considering the admissible and relevant evidence, the court shall order the return of the child to the physical custody of their parent or legal guardian unless the court finds, by a preponderance of the evidence, that the return of the child to their parent or legal guardian would create a substantial risk of detriment to the safety, protection, or physical or emotional well-being of the child. The social worker shall have the burden of establishing that detriment. At the permanency review hearing, the court shall consider the criminal history, obtained pursuant to paragraph (1) of subdivision (f) of Section 16504.5, of the parent or legal guardian subsequent to the child’s removal, to the extent that the criminal record is substantially related to the welfare of the child or the parent’s or legal guardian’s ability to exercise custody and control regarding their child, provided that the parent or legal guardian agreed to submit fingerprint images to obtain criminal history information as part of the case plan. The court shall also consider whether the child can be returned to the custody of their parent who is enrolled in a certified substance abuse treatment facility that allows a dependent child to reside with their parent. The fact that the parent is enrolled in a certified substance abuse treatment facility shall not be, for that reason alone, prima facie evidence of detriment. In making its determination, the court shall review and consider the social worker’s report and recommendations and the report and recommendations of any child advocate appointed pursuant to Section 356.5; shall consider the efforts or progress, or both, demonstrated by the parent or legal guardian and the extent to which they availed themselves of services provided, taking into account the particular barriers of a minor parent or a nonminor dependent parent, or an incarcerated or institutionalized parent’s or legal guardian’s access to those court-mandated services and ability to maintain contact with their child; and shall make appropriate findings pursuant to subdivision (a) of Section 366. (2) Whether or not the child is returned to their parent or legal guardian, the court shall specify the factual basis for its decision. If the child is not returned to a parent or legal guardian, the court shall specify the factual basis for its conclusion that return would be detrimental. If the child is not returned to their parent or legal guardian, the court shall consider, and state for the record, in-state and out-of-state options for the child’s permanent placement. If the child is placed out of the state, the court shall make a determination whether the out-of-state placement continues to be appropriate and in the best interests of the child. (3) Unless the conditions in subdivision (b) are met and the child is not returned to a parent or legal guardian at the permanency review hearing, the court shall order that a hearing be held pursuant to Section 366.26 in order to determine whether adoption, or, in the case of an Indian child, in consultation with the child’s tribe, tribal customary adoption, guardianship, or continued placement in foster care is the most appropriate plan for the child. On and after January 1, 2012, a hearing pursuant to Section 366.26 shall not be ordered if the child is a nonminor dependent, unless the nonminor dependent is an Indian child, and tribal customary adoption is recommended as the permanent plan. However, if the court finds by clear and convincing evidence, based on the evidence already presented to it, including a recommendation by the State Department of Social Services when it is acting as an adoption agency or by a county adoption agency, that there is a compelling reason, as described in paragraph (5) of subdivision (g) of Section 366.21, for determining that a hearing held under Section 366.26 is not in the best interests of the child because the child is not a proper subject for adoption and has no one willing to accept legal guardianship as of the hearing date, the court may, only under these circumstances, order that the child remain in foster care with a permanent plan of return home, adoption, tribal customary adoption in the case of an Indian child, legal guardianship, or placement with a fit and willing relative, as appropriate. If the child is 16 years of age or older or is a nonminor dependent, and no other permanent plan is appropriate at the time of the hearing, the court may order another planned permanent living arrangement, as described in paragraph (2) of subdivision (i) of Section 16501. The court shall make factual findings identifying any barriers to achieving the permanent plan as of the hearing date. On and after January 1, 2012, the nonminor dependent’s legal status as an adult is in and of itself a compelling reason not to hold a hearing pursuant to Section 366.26. The court may order that a nonminor dependent who otherwise is eligible pursuant to Section 11403 remain in a planned, permanent living arrangement. If the court orders that a child who is 10 years of age or older remain in foster care, the court shall determine whether the agency has made reasonable efforts to maintain the child’s relationships with individuals other than the child’s siblings who are important to the child, consistent with the child’s best interests, and may make any appropriate order to ensure that those relationships are maintained. The hearing shall be held no later than 120 days from the date of the permanency review hearing. The court shall also order termination of reunification services to the parent or legal guardian. The court shall continue to permit the parent or legal guardian to visit the child unless it finds that visitation would be detrimental to the child. The court shall determine by clear and convincing evidence whether reasonable services have been offered or provided to the parent or legal guardian. For purposes of this subdivision, evidence of any of the following circumstances shall not, in and of themselves, be deemed a failure to provide or offer reasonable services: (A) The child has been placed with a foster family that is eligible to adopt a child, or has been placed in a preadoptive home. (B) The case plan includes services to make and finalize a permanent placement for the child if efforts to reunify fail. (C) Services to make and finalize a permanent placement for the child, if efforts to reunify fail, are provided concurrently with services to reunify the family. (b) (1) If the child is not returned to a parent or legal guardian at the permanency review hearing and the court determines by clear and convincing evidence that the best interests of the child would be met by the provision of additional reunification services to a parent or legal guardian who is making significant and consistent progress in a court-ordered residential substance abuse treatment program, a parent who was either a minor parent or a nonminor dependent parent at the time of the initial hearing making significant and consistent progress in establishing a safe home for the child’s return, or a parent recently discharged from incarceration, institutionalization, or the custody of the United States Department of Homeland Security and making significant and consistent progress in establishing a safe home for the child’s return, the court may continue the case for up to six months for a subsequent permanency review hearing, provided that the hearing shall occur within 24 months of the date the child was originally taken from the physical custody of their parent or legal guardian. (2) (A) Except as provided in paragraph (1) and subject to subparagraph (B), if the child is not returned to a parent or legal guardian at the permanency review hearing and the court finds that reasonable services have not been provided, or, in the case of an Indian child, active efforts as defined in subdivision (f) of Section 224.1 have not been made, the court shall extend reunification services for an additional six months. (B) Notwithstanding subparagraph (A), if the court finds by clear and convincing evidence based on competent evidence from a mental health professional that extending the time period for reunification services would be detrimental to the child, the court is not required to extend reunification services for an additional six months. The court shall state, either on the record or in writing, the reasons for its finding. Neither the passage of time nor the child’s relationship with the caregiver shall be grounds, in and of themselves, for the denial of further reunification services. (3) The court shall continue the case only if it finds that there is a substantial probability that the child will be returned to the physical custody of their parent or legal guardian and safely maintained in the home within the extended period of time, that reasonable services have not been provided to the parent or legal guardian, or, in the case of an Indian child, that active efforts as defined in subdivision (f) of Section 224.1 have not been made. For the purposes of this section, in order to find a substantial probability that the child will be returned to the physical custody of their parent or legal guardian and safely maintained in the home within the extended period of time, the court shall be required to find all of the following: (A) That the parent or legal guardian has consistently and regularly contacted and visited with the child. (B) That the parent or legal guardian has made significant and consistent progress in the prior 18 months in resolving problems that led to the child’s removal from the home. (C) (i) The parent or legal guardian has demonstrated the capacity and ability both to complete the objectives of their substance abuse treatment plan as evidenced by reports from a substance abuse provider as applicable, or complete a treatment plan postdischarge from incarceration, institutionalization, or detention, or following deportation to their country of origin and their return to the United States, and to provide for the child’s safety, protection, physical and emotional well-being, and special needs. (ii) For purposes of this subdivision, the court’s decision to continue the case based on a finding or substantial probability that the child will be returned to the physical custody of their parent or legal guardian is a compelling reason for determining that a hearing held pursuant to Section 366.26 is not in the best interests of the child. (iii) The court shall inform the parent or legal guardian that if the child cannot be returned home by the subsequent permanency review hearing, a proceeding pursuant to Section 366.26 may be instituted. The court shall not order that a hearing pursuant to Section 366.26 be held unless there is clear and convincing evidence that reasonable services have been provided or offered to the parent or legal guardian. (c) (1) Whenever a court orders that a hearing pursuant to Section 366.26, including when a tribal customary adoption is recommended, shall be held, it shall direct the agency supervising the child and the county adoption agency, or the State Department of Social Services when it is acting as an adoption agency, to prepare an assessment that shall include: (A) Current search efforts for an absent parent or parents. (B) A review of the amount of and nature of any contact between the child and their parents and other members of their extended family since the time of placement. Although the extended family of each child shall be reviewed on a case-by-case basis, “extended family” for the purposes of this subparagraph shall include, but not be limited to, the child’s siblings, grandparents, aunts, and uncles. (C) (i) An evaluation of the child’s medical, developmental, scholastic, mental, and emotional status. (ii) The evaluation pursuant to clause (i) shall include, but is not limited to, providing a copy of the complete health and education summary as required under Section 16010, including the name and contact information of the person or persons currently holding the right to make educational decisions for the child. (iii) In instances where it is determined that disclosure pursuant to clause (ii) of the contact information of the person or persons currently holding the right to make educational decisions for the child poses a threat to the health and safety of that individual or those individuals, that contact information shall be redacted or withheld from the evaluation. (D) A preliminary assessment of the eligibility and commitment of any identified prospective adoptive parent or legal guardian, particularly the caretaker, to include a social history including screening for criminal records and prior referrals for child abuse or neglect, the capability to meet the child’s needs, and the understanding of the legal and financial rights and responsibilities of adoption and guardianship. If a proposed legal guardian is a relative of the minor, the assessment shall also consider, but need not be limited to, all of the factors specified in subdivision (a) of Section 361.3 and Section 361.4. (E) The relationship of the child to any identified prospective adoptive parent or legal guardian, the duration and character of the relationship, the degree of attachment of the child to the prospective relative guardian or adoptive parent, the relative’s or adoptive parent’s strong commitment to caring permanently for the child, the motivation for seeking adoption or legal guardianship, a statement from the child concerning placement and the adoption or legal guardianship, and whether the child, if over 12 years of age, has been consulted about the proposed relative guardianship arrangements, unless the child’s age or physical, emotional, or other condition precludes their meaningful response, and if so, a description of the condition. (F) An analysis of the likelihood that the child will be adopted if parental rights are terminated. (G) In the case of an Indian child, in addition to subparagraphs (A) to (F), inclusive, an assessment of the likelihood that the child will be adopted, when, in consultation with the child’s tribe, a tribal customary adoption, as defined in Section 366.24, is recommended. If tribal customary adoption is recommended, the assessment shall include an analysis of both of the following: (i) Whether tribal customary adoption would or would not be detrimental to the Indian child and the reasons for reaching that conclusion. (ii) Whether the Indian child cannot or should not be returned to the home of the Indian parent or Indian custodian and the reasons for reaching that conclusion. (2) (A) A relative caregiver’s preference for legal guardianship over adoption, if it is due to circumstances that do not include an unwillingness to accept legal or financial responsibility for the child, shall not constitute the sole basis for recommending removal of the child from the relative caregiver for purposes of adoptive placement. (B) Regardless of their immigration status, a relative caregiver shall be given information regarding the permanency options of guardianship and adoption, including the long-term benefits and consequences of each option, prior to establishing legal guardianship or pursuing adoption. If the proposed permanent plan is guardianship with an approved relative caregiver for a minor eligible for aid under the Kin-GAP Program, as provided for in Article 4.7 (commencing with Section 11385) of Chapter 2 of Part 3 of Division 9, the relative caregiver shall be informed about the terms and conditions of the negotiated agreement pursuant to Section 11387 and shall agree to its execution prior to the hearing held pursuant to Section 366.26. A copy of the executed negotiated agreement shall be attached to the assessment. (d) This section shall become operative January 1, 1999. If at any hearing held pursuant to Section 366.26, a legal guardianship is established for the minor with an approved relative caregiver, and juvenile court dependency is subsequently dismissed, the minor shall be eligible for aid under the Kin-GAP Program, as provided for in Article 4.5 (commencing with Section 11360) or Article 4.7 (commencing with Section 11385), as applicable, of Chapter 2 of Part 3 of Division 9. (e) As used in this section, “relative” means an adult who is related to the child by blood, adoption, or affinity within the fifth degree of kinship, including stepparents, stepsiblings, and all relatives whose status is preceded by the words “great,” “great-great,” or “grand,” or the spouse of any of those persons even if the marriage was terminated by death or dissolution. If the proposed permanent plan is guardianship with an approved relative caregiver for a minor eligible for aid under the Kin-GAP Program, as provided for in Article 4.7 (commencing with Section 11385) of Chapter 2 of Part 3 of Division 9, “relative” as used in this section has the same meaning as “relative” as defined in subdivision (c) of Section 11391. (Amended by Stats. 2023, Ch. 714, Sec. 2.5. (SB 463) Effective January 1, 2024.)
366.23.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 10. Dependent Children—Judgments and Orders [360 - 371] ( Article 10 added by Stats. 1976, Ch. 1068. )
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When a noncustodial parent seeks custody or placement, the social worker must tell the caretaker about the caretaker’s right to give input to the court and handle the Caregiver Information Form process.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 10. Dependent Children—Judgments and Orders [360 - 371] ( Article 10 added by Stats. 1976, Ch. 1068. ) ## 366.23. If a noncustodial parent is seeking placement or custody of a child, the social worker shall inform the caretaker that he or she has the right to provide the court with input regarding the placement of the child. The social worker shall provide the “Caregiver Information Form” to the caretaker to complete and request that the caregiver provide any particular information the caregiver might have regarding the noncustodial parent now seeking custody. If a report is required or otherwise due, the completed form shall be attached to the social worker’s report to be filed with the court. If not, the social worker shall ensure that, if the foster parent completes the form, the completed form is returned to the court for review and consideration before the child is placed with the noncustodial parent. (Added by Stats. 2005, Ch. 632, Sec. 3. Effective January 1, 2006.)
366.24.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 10. Dependent Children—Judgments and Orders [360 - 371] ( Article 10 added by Stats. 1976, Ch. 1068. )
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This section sets rules for tribal customary adoption of Indian children, including home studies, background checks, confidentiality, filing deadlines, and limits on final approval.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 10. Dependent Children—Judgments and Orders [360 - 371] ( Article 10 added by Stats. 1976, Ch. 1068. ) ## 366.24. (a) (1) For purposes of this section, “tribal customary adoption” means adoption by and through the tribal custom, traditions, or law of an Indian child’s tribe. Termination of parental rights is not required to effect the tribal customary adoption. (2) For purposes of this section, “Indian child” also includes a nonminor dependent as described in subdivision (v) of Section 11400, unless the nonminor dependent has elected not to be considered an Indian child pursuant to subdivision (b) of Section 224.1. (b) Whenever an assessment is ordered pursuant to Section 361.5, 366.21, 366.22, 366.25, or 366.26 for Indian children, the assessment shall address the option of tribal customary adoption. (c) For purposes of Section 366.26, in the case of tribal customary adoptions, all of the following apply: (1) The child’s tribe or the tribe’s designee shall conduct a tribal customary adoptive home study prior to final approval of the tribal customary adoptive placement. (A) If a tribal designee is conducting the home study, the designee shall do so in consultation with the Indian child’s tribe. The designee may include a county adoption agency, the State Department of Social Services when it is acting as an adoption agency, or a California-licensed adoption agency. Any tribal designee must be an entity that is authorized to request a search of the Child Abuse Central Index and, if necessary, a check of any other state’s child abuse and neglect registry, and must be an entity that is authorized to request a search for state and federal level criminal offender records information through the Department of Justice. (B) The standard for the evaluation of the prospective adoptive parents’ home shall be the prevailing social and cultural standard of the child’s tribe. The home study shall include an evaluation of the background, safety, and health information of the adoptive home, including the biological, psychological, and social factors of the prospective adoptive parent or parents, and an assessment of the commitment, capability, and suitability of the prospective adoptive parent or parents to meet the child’s needs. (2) In all cases, an in-state check of the Child Abuse Central Index and, if necessary, a check of any other state’s child abuse and neglect registry shall be conducted. If the tribe chooses a designee to conduct the home study, the designee shall perform a check of the Child Abuse Central Index pursuant to Section 1522.1 of the Health and Safety Code as it applies to prospective adoptive parents and persons over 18 years of age residing in their household. If the tribe conducts its own home study, the agency that has the placement and care responsibility of the child shall perform the check. (3) (A) In all cases prior to final approval of the tribal customary adoptive placement, a state and federal criminal background check through the Department of Justice shall be conducted on the prospective tribal customary adoptive parents and on persons over 18 years of age residing in their household. (B) If the tribe chooses a designee to conduct the home study, the designee shall perform the state and federal criminal background check required pursuant to subparagraph (A) through the Department of Justice prior to final approval of the adoptive placement. (C) If the tribe conducts its own home study, the public adoption agency that is otherwise authorized to obtain criminal background information for the purpose of adoption shall perform the state and federal criminal background check required pursuant to subparagraph (A) through the Department of Justice prior to final approval of the adoptive placement. (D) An individual who is the subject of a background check conducted pursuant to this paragraph may be provided by the entity performing the background check with a copy of his or her state or federal level criminal offender record information search response as provided to that entity by the Department of Justice if the entity has denied a criminal background clearance based on this information and the individual makes a written request to the entity for a copy specifying an address to which it is to be sent. The state or federal level criminal offender record information search response shall not be modified or altered from its form or content as provided by the Department of Justice and shall be provided to the address specified by the individual in his or her written request. The entity shall retain a copy of the individual’s written request and the response and date provided. (4) If federal or state law provides that tribes may conduct all required background checks for prospective adoptive parents, the tribally administered background checks shall satisfy the requirements of this section, so long as the standards for the background checks are the same as those applied to all other prospective adoptive parents in the State of California. (5) Under no circumstances shall final approval be granted for an adoptive placement in any home if the prospective adoptive parent or any adult living in the prospective tribal customary adoptive home has any of the following: (A) A felony conviction for child abuse or neglect, spousal abuse, crimes against a child, including child pornography, or a crime involving violence, including rape, sexual assault, or homicide, but not including other physical assault and battery. For purposes of this subdivision, crimes involving violence means those violent crimes contained in clause (i) of subparagraph (A) and subparagraph (B), or paragraph (1) of, subdivision (g) of Section 1522 of the Health and Safety Code. (B) A felony conviction that occurred within the last five years for physical assault, battery, or a drug-related offense. (6) If the tribe identifies tribal customary adoption as the permanent placement plan for the Indian child, the court may continue the selection and implementation hearing governed by Section 366.26 for a period not to exceed 120 days to permit the tribe to complete the process for tribal customary adoption and file with the court a tribal customary adoption order evidencing that a tribal customary adoption has been completed. The tribe shall file with the court the tribal customary adoption order no less than 20 days prior to the date set by the court for the continued selection and implementation hearing. The department shall file with the court the addendum selection and implementation hearing court report no less than seven days prior to the date set by the court for the continued selection and implementation hearing. The court shall have discretion to grant an additional continuance to the tribe for filing a tribal customary adoption order up to, but not exceeding, 60 days. If the child’s tribe does not file the tribal customary adoption order within the designated time period, the court shall make new findings and orders pursuant to subdivision (b) of Section 366.26 and this subdivision to determine the best permanent plan for the child. (7) The child, birth parents, or Indian custodian and the tribal customary adoptive parents and their counsel, if applicable, may present evidence to the tribe regarding the tribal customary adoption and the child’s best interest. (8) Upon the court affording full faith and credit to the tribal customary adoption order and the tribe’s approval of the home study, the child shall be eligible for tribal customary adoptive placement. The agency that has placement and care responsibility of the child shall be authorized to make a tribal customary adoptive placement and sign a tribal customary adoptive placement agreement and, thereafter, shall sign the adoption assistance agreement pursuant to subdivision (g) of Section 16120. The prospective adoptive parent or parents desiring to adopt the child may then file the petition for adoption. The agency shall supervise the adoptive placement for a period of six months unless either of the following circumstances exists: (A) The child to be adopted is a foster child of the prospective adoptive parents whose foster care placement has been supervised by an agency before the signing of the adoptive placement agreement in which case the supervisory period may be shortened by one month for each full month that the child has been in foster care with the family. (B) The child to be adopted is placed with a relative with whom he or she has an established relationship. (9) All licensed public adoption agencies shall cooperate with and assist the department in devising a plan that will effectuate the effective and discreet transmission to tribal customary adoptees or prospective tribal customary adoptive parents of pertinent medical information reported to the department or the licensed public adoption agency, upon the request of the person reporting the medical information. (A) A licensed public adoption agency may not place a child for tribal customary adoption unless a written report on the child’s medical background and, if available, the medical background on the child’s biological parents, so far as ascertainable, has been submitted to the prospective tribal customary adoptive parents and they have acknowledged in writing the receipt of the report. (B) The report on the child’s background shall contain all known diagnostic information, including current medical reports on the child, psychological evaluations, and scholastic information, as well as all known information regarding the child’s developmental history. (10) The tribal customary adoption order shall include, but not be limited to, a description of (A) the modification of the legal relationship of the birth parents or Indian custodian and the child, including contact, if any, between the child and the birth parents or Indian custodian, responsibilities of the birth parents or Indian custodian, and the rights of inheritance of the child and (B) the child’s legal relationship with the tribe. The order shall not include any child support obligation from the birth parents or Indian custodian. There shall be a conclusive presumption that any parental rights or obligations not specified in the tribal customary adoption order shall vest in the tribal customary adoptive parents. (11) Prior consent to a permanent plan of tribal customary adoption of an Indian child shall not be required of an Indian parent or Indian custodian whose parental relationship to the child will be modified by the tribal customary adoption. (12) After the prospective adoptive parent or parents desiring to adopt the child have filed the adoption petition, the agency that has placement, care, and responsibility for the child shall submit to the court, a full and final report of the facts of the proposed tribal customary adoption. The requisite elements of the final court report shall be those specified for court reports in the department’s regulations governing agency adoptions. (13) Notwithstanding any other provision of law, after the tribal customary adoption order has been issued and afforded full faith and credit by the state court, supervision of the adoptive placement has been completed, and the state court has issued a final decree of adoption, the tribal customary adoptive parents shall have all of the rights and privileges afforded to, and are subject to all the duties of, any other adoptive parent or parents pursuant to the laws of this state. (14) Consistent with Section 366.3, after the tribal customary adoption has been afforded full faith and credit and a final adoption decree has been issued, the court shall terminate its jurisdiction over the Indian child. (15) Nothing in this section is intended to prevent the transfer of those proceedings to a tribal court where transfer is otherwise permitted under applicable law. (d) The following disclosure provisions shall apply to tribal customary adoptions: (1) The petition, agreement, order, report to the court from any investigating agency, and any power of attorney filed in a tribal customary adoption proceeding is not open to inspection by any person other than the parties to the proceeding and their attorneys and the department, except upon the written authority of the judge of the juvenile court. A judge may not authorize anyone to inspect the petition, agreement, order, report to the court from any investigating agency, and any power of attorney except in exceptional circumstances and for good cause approaching the necessitous. (2) Except as otherwise permitted or required by statute, neither the department, county adoption agency, nor any licensed adoption agency shall release information that would identify persons who receive, or have received, tribal customary adoption services. However, employees of the department, county adoption agencies, and licensed adoption agencies shall release to the State Department of Social Services any requested information, including identifying information, for the purpose of recordkeeping and monitoring, evaluation, and regulation of the provision of tribal customary adoption services. (3) The department, county adoption agency, or licensed adoption agency may, upon written authorization for the release of specified information by the subject of that information, share information regarding a prospective tribal customary adoptive parent or birth parent with other social service agencies, including the department, county adoption agencies, and other licensed adoption agencies, or providers of health care as defined in Section 56.05 of the Civil Code. (4) Notwithstanding any other law, the department, county adoption agency, or licensed adoption agency may furnish information relating to a tribal customary adoption petition or to a child in the custody of the department or any public adoption agency to the juvenile court, county welfare department, public welfare agency, private welfare agency licensed by the department, provider of foster care services, potential adoptive parents, or provider of health care as defined in Section 56.05 of the Civil Code, if it is believed the child’s welfare will be promoted thereby. (5) The department, county adoption agency, or licensed adoption agency may make tribal customary adoption case records, including identifying information, available for research purposes, provided that the research will not result in the disclosure of the identity of the child or the parties to the tribal customary adoption to anyone other than the entity conducting the research. (e) This section shall remain operative only to the extent that compliance with its provisions does not conflict with federal law as a condition of receiving funding under Title IV-E or the federal Social Security Act (42 U.S.C. Sec. 670 et seq.). (f) The Judicial Council shall adopt rules of court and necessary forms required to implement tribal customary adoption as a permanent plan for dependent Indian children. The Judicial Council shall study California’s tribal customary adoption provisions and their effects on children, birth parents, adoptive parents, Indian custodians, tribes, and the court, and shall report all of its findings to the Legislature on or before January 1, 2013. The report shall include, but not be limited to, the following: (1) The number of families served and the number of completed tribal customary adoptions. (2) The length of time it takes to complete a tribal customary adoption. (3) The challenges faced by social workers, court, and tribes in completing tribal customary adoptions. (4) The benefits or detriments to Indian children from a tribal customary adoption. (Amended by Stats. 2012, Ch. 846, Sec. 21. (AB 1712) Effective January 1, 2013. Conditionally inoperative as provided in subd. (e).)
366.25.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 10. Dependent Children—Judgments and Orders [360 - 371] ( Article 10 added by Stats. 1976, Ch. 1068. )
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This section requires the court to decide whether a child should be returned to a parent or legal guardian at a later permanency review hearing, and it sets out what the court must consider if the child is not returned.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 10. Dependent Children—Judgments and Orders [360 - 371] ( Article 10 added by Stats. 1976, Ch. 1068. ) ## 366.25. (a) (1) When a case has been continued pursuant to subdivision (b) of Section 366.22, the subsequent permanency review hearing shall occur within 24 months after the date the child was originally removed from the physical custody of their parent or legal guardian. After considering the relevant and admissible evidence, the court shall order the return of the child to the physical custody of their parent or legal guardian unless the court finds, by a preponderance of the evidence, that the return of the child to their parent or legal guardian would create a substantial risk of detriment to the safety, protection, or physical or emotional well-being of the child. The social worker shall have the burden of establishing that detriment. At the subsequent permanency review hearing, the court shall consider the criminal history, obtained pursuant to paragraph (1) of subdivision (f) of Section 16504.5, of the parent or legal guardian subsequent to the child’s removal to the extent that the criminal record is substantially related to the welfare of the child or parent’s or legal guardian’s ability to exercise custody and control regarding their child provided that the parent or legal guardian agreed to submit fingerprint images to obtain criminal history information as part of the case plan. The court shall also consider whether the child can be returned to the custody of a parent who is enrolled in a certified substance abuse treatment facility that allows a dependent child to reside with their parent. The fact that the parent is enrolled in a certified substance abuse treatment facility shall not be, for that reason alone, prima facie evidence of detriment. In making its determination, the court shall review and consider the social worker’s report and recommendations and the report and recommendations of any child advocate appointed pursuant to Section 356.5; shall consider the efforts or progress, or both, demonstrated by the parent or legal guardian and the extent to which they availed themselves of services provided; and shall make appropriate findings pursuant to subdivision (a) of Section 366. (2) Whether or not the child is returned to their parent or legal guardian, the court shall specify the factual basis for its decision. If the child is not returned to a parent or legal guardian, the court shall specify the factual basis for its conclusion that return would be detrimental. If the child is not returned to their parent or legal guardian, the court shall consider and state for the record, in-state and out-of-state options for the child’s permanent placement. If the child is placed out of the state, the court shall make a determination whether the out-of-state placement continues to be appropriate and in the best interests of the child. (3) If the child is not returned to a parent or legal guardian at the subsequent permanency review hearing, the court shall order that a hearing be held pursuant to Section 366.26 in order to determine whether adoption, or, in the case of an Indian child, tribal customary adoption, guardianship, or, in the case of a child 16 years of age or older when no other permanent plan is appropriate, another planned permanent living arrangement is the most appropriate plan for the child. On and after January 1, 2012, a hearing pursuant to Section 366.26 shall not be ordered if the child is a nonminor dependent, unless the nonminor dependent is an Indian child and tribal customary adoption is recommended as the permanent plan. However, if the court finds by clear and convincing evidence, based on the evidence already presented to it, including a recommendation by the State Department of Social Services when it is acting as an adoption agency or by a county adoption agency, that there is a compelling reason, as described in paragraph (5) of subdivision (g) of Section 366.21, for determining that a hearing held under Section 366.26 is not in the best interest of the child because the child is not a proper subject for adoption or, in the case of an Indian child, tribal customary adoption, and has no one willing to accept legal guardianship as of the hearing date, then the court may, only under these circumstances, order that the child remain in foster care with a permanent plan of return home, adoption, tribal customary adoption in the case of an Indian child, legal guardianship, or placement with a fit and willing relative, as appropriate. If the child is 16 years of age or older or is a nonminor dependent, and no other permanent plan is appropriate at the time of the hearing, the court may order another planned permanent living arrangement, as described in paragraph (2) of subdivision (i) of Section 16501. The court shall make factual findings identifying any barriers to achieving the permanent plan as of the hearing date. On and after January 1, 2012, the nonminor dependent’s legal status as an adult is in and of itself a compelling reason not to hold a hearing pursuant to Section 366.26. The court may order that a nonminor dependent who otherwise is eligible pursuant to Section 11403 remain in a planned, permanent living arrangement. If the court orders that a child who is 10 years of age or older remain in foster care, the court shall determine whether the agency has made reasonable efforts to maintain the child’s relationships with individuals other than the child’s siblings who are important to the child, consistent with the child’s best interests, and may make any appropriate order to ensure that those relationships are maintained. The hearing shall be held no later than 120 days from the date of the subsequent permanency review hearing. The court shall also order termination of reunification services to the parent or legal guardian. The court shall continue to permit the parent or legal guardian to visit the child unless it finds that visitation would be detrimental to the child. The court shall determine whether reasonable services have been offered or provided to the parent or legal guardian. For purposes of this paragraph, evidence of any of the following circumstances shall not, in and of themselves, be deemed a failure to provide or offer reasonable services: (A) The child has been placed with a foster family that is eligible to adopt a child, or has been placed in a preadoptive home. (B) The case plan includes services to make and finalize a permanent placement for the child if efforts to reunify fail. (C) Services to make and finalize a permanent placement for the child, if efforts to reunify fail, are provided concurrently with services to reunify the family. (b) (1) Whenever a court orders that a hearing pursuant to Section 366.26 shall be held, it shall direct the agency supervising the child and the county adoption agency, or the State Department of Social Services when it is acting as an adoption agency, to prepare an assessment that shall include: (A) Current search efforts for an absent parent or parents. (B) A review of the amount of, and nature of, any contact between the child and their parents and other members of their extended family since the time of placement. Although the extended family of each child shall be reviewed on a case-by-case basis, “extended family” for the purposes of this paragraph shall include, but not be limited to, the child’s siblings, grandparents, aunts, and uncles. (C) An evaluation of the child’s medical, developmental, scholastic, mental, and emotional status. (D) A preliminary assessment of the eligibility and commitment of any identified prospective adoptive parent or legal guardian, including a prospective tribal customary adoptive parent, particularly the caretaker, to include a social history including screening for criminal records and prior referrals for child abuse or neglect, the capability to meet the child’s needs, and the understanding of the legal and financial rights and responsibilities of adoption and guardianship. If a proposed legal guardian is a relative of the minor, the assessment shall also consider, but need not be limited to, all of the factors specified in subdivision (a) of Section 361.3 and in Section 361.4. (E) The relationship of the child to any identified prospective adoptive parent or legal guardian, including a prospective tribal customary adoptive parent, the duration and character of the relationship, the degree of attachment of the child to the prospective relative guardian or adoptive parent, the relative’s or adoptive parent’s strong commitment to caring permanently for the child, the motivation for seeking adoption or legal guardianship, a statement from the child concerning placement and the adoption or legal guardianship, and whether the child, if over 12 years of age, has been consulted about the proposed relative guardianship arrangements, unless the child’s age or physical, emotional, or other condition precludes their meaningful response, and if so, a description of the condition. (F) An analysis of the likelihood that the child will be adopted if parental rights are terminated. (G) In the case of an Indian child, in addition to subparagraphs (A) to (F), inclusive, an assessment of the likelihood that the child will be adopted, when, in consultation with the child’s tribe, a tribal customary adoption, as defined in Section 366.24, is recommended. If tribal customary adoption is recommended, the assessment shall include an analysis of both of the following: (i) Whether tribal customary adoption would or would not be detrimental to the Indian child and the reasons for reaching that conclusion. (ii) Whether the Indian child cannot or should not be returned to the home of the Indian parent or Indian custodian and the reasons for reaching that conclusion. (2) (A) A relative caregiver’s preference for legal guardianship over adoption, if it is due to circumstances that do not include an unwillingness to accept legal or financial responsibility for the child, shall not constitute the sole basis for recommending removal of the child from the relative caregiver for purposes of adoptive placement. (B) Regardless of their immigration status, a relative caregiver shall be given information regarding the permanency options of guardianship and adoption, including the long-term benefits and consequences of each option, prior to establishing legal guardianship or pursuing adoption. If the proposed permanent plan is guardianship with an approved relative caregiver for a minor eligible for aid under the Kin-GAP Program, as provided for in Article 4.7 (commencing with Section 11385) of Chapter 2 of Part 3 of Division 9, the relative caregiver shall be informed about the terms and conditions of the negotiated agreement pursuant to Section 11387 and shall agree to its execution prior to the hearing held pursuant to Section 366.26. A copy of the executed negotiated agreement shall be attached to the assessment. (c) If, at any hearing held pursuant to Section 366.26, a guardianship is established for the minor with an approved relative caregiver, and juvenile court dependency is subsequently dismissed, the minor shall be eligible for aid under the Kin-GAP Program, as provided for in Article 4.5 (commencing with Section 11360) or Article 4.7 (commencing with Section 11385), as applicable, of Chapter 2 of Part 3 of Division 9. (d) As used in this section, “relative” means an adult who is related to the minor by blood, adoption, or affinity within the fifth degree of kinship, including stepparents, stepsiblings, and all relatives whose status is preceded by the words “great,” “great-great,” or “grand,” or the spouse of any of those persons even if the marriage was terminated by death or dissolution. If the proposed permanent plan is guardianship with an approved relative caregiver for a minor eligible for aid under the Kin-GAP Program, as provided in Article 4.7 (commencing with Section 11385) of Chapter 2 of Part 3 of Division 9, “relative” as used in this section has the same meaning as “relative” as defined in subdivision (c) of Section 11391. (Amended by Stats. 2023, Ch. 714, Sec. 3. (SB 463) Effective January 1, 2024.)
366.26.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 10. Dependent Children—Judgments and Orders [360 - 371] ( Article 10 added by Stats. 1976, Ch. 1068. )
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This section sets the juvenile-court procedures for deciding permanent plans for dependent children, including adoption, guardianship, foster care, and tribal customary adoption.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 10. Dependent Children—Judgments and Orders [360 - 371] ( Article 10 added by Stats. 1976, Ch. 1068. ) ## 366.26. (a) This section applies to children who are adjudged dependent children of the juvenile court pursuant to subdivision (d) of Section 360. The procedures specified in this section are the exclusive procedures for conducting these hearings. The procedures in Part 2 (commencing with Section 3020) of Division 8 of the Family Code are not applicable to these proceedings. Section 8616.5 of the Family Code is applicable and available to all dependent children meeting the requirements of that section if the postadoption contact agreement has been entered into voluntarily. For children who are adjudged dependent children of the juvenile court pursuant to subdivision (d) of Section 360, this section, and Sections 8604, 8605, 8606, and 8700 of the Family Code and Chapter 5 (commencing with Section 7660) of Part 3 of Division 12 of the Family Code specify the exclusive procedures for permanently terminating parental rights with regard to, or establishing legal guardianship of, the child while the child is a dependent child of the juvenile court. (b) At the hearing, which shall be held in juvenile court for all children who are dependents of the juvenile court, the court, in order to provide stable, permanent homes for these children, shall review the report as specified in Section 361.5, 366.21, 366.22, or 366.25, shall indicate that the court has read and considered it, shall receive other evidence that the parties may present, and then shall make findings and orders in the following order of preference: (1) Terminate the rights of the parent or parents and order that the child be placed for adoption and, upon the filing of a petition for adoption in the juvenile court, order that a hearing be set. The court shall proceed with the adoption after the appellate rights of the natural parents have been exhausted. (2) Order, without termination of parental rights, the plan of tribal customary adoption, as described in Section 366.24, through tribal custom, traditions, or law of the Indian child’s tribe and, upon the court affording the tribal customary adoption order full faith and credit at the continued selection and implementation hearing, order that a hearing be set pursuant to paragraph (2) of subdivision (e). (3) Appoint a relative or relatives with whom the child is currently residing as legal guardian or guardians for the child, and order that letters of guardianship issue. (4) On making a finding under paragraph (3) of subdivision (c), identify adoption or tribal customary adoption as the permanent placement goal and order that efforts be made to locate an appropriate adoptive family for the child within a period not to exceed 180 days. (5) Appoint a nonrelative legal guardian for the child and order that letters of guardianship issue. (6) Order that the child be permanently placed with a fit and willing relative, subject to the periodic review of the juvenile court under Section 366.3. (7) Order that the child remain in foster care, subject to the conditions described in paragraph (4) of subdivision (c) and the periodic review of the juvenile court under Section 366.3. In choosing among the alternatives in this subdivision, the court shall proceed pursuant to subdivision (c). (c) (1) If the court determines, based on the assessment provided as ordered under subdivision (i) of Section 366.21, subdivision (c) of Section 366.22, or subdivision (b) of Section 366.25, and any other relevant evidence, by a clear and convincing standard, that it is likely the child will be adopted, the court shall terminate parental rights and order the child placed for adoption. The fact that the child is not yet placed in a preadoptive home nor with a relative or foster family who is prepared to adopt the child does not constitute a basis for the court to conclude that it is not likely the child will be adopted. A finding under subdivision (b) or paragraph (1) of subdivision (e) of Section 361.5 that reunification services shall not be offered, under subdivision (e) of Section 366.21 that the whereabouts of a parent have been unknown for six months or that the parent has failed to visit or contact the child for six months, or that the parent has been convicted of a felony indicating parental unfitness, or, under Section 366.21 or 366.22, that the court has continued to remove the child from the custody of the parent or guardian and has terminated reunification services, shall constitute a sufficient basis for termination of parental rights. Under these circumstances, the court shall terminate parental rights unless either of the following applies: (A) The child is living with a relative who is unable or unwilling to adopt the child because of circumstances that do not include an unwillingness to accept legal or financial responsibility for the child, but who is willing and capable of providing the child with a stable and permanent environment through legal guardianship, and the removal of the child from the custody of their relative would be detrimental to the emotional well-being of the child. For purposes of an Indian child, “relative” shall include an “extended family member” as defined in Section 224.1 and Section 1903 of the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.). (B) The court finds a compelling reason for determining that termination would be detrimental to the child due to one or more of the following circumstances: (i) The parents have maintained regular visitation and contact with the child and the child would benefit from continuing the relationship. (ii) A child 12 years of age or older objects to termination of parental rights. (iii) The child is placed in a residential treatment facility, adoption is unlikely or undesirable, and continuation of parental rights will not prevent finding the child a permanent family placement if the parents cannot resume custody when residential care is no longer needed. (iv) The child is living with a foster parent or Indian custodian who is unable or unwilling to adopt the child because of exceptional circumstances that do not include an unwillingness to accept legal or financial responsibility for the child, but who is willing and capable of providing the child with a stable and permanent environment, and the removal of the child from the physical custody of their foster parent or Indian custodian would be detrimental to the emotional well-being of the child. This clause does not apply to a child who is either (I) under six years of age or (II) a member of a sibling group where at least one child is under six years of age and the siblings are, or should be, permanently placed together. (v) There would be substantial interference with a child’s sibling relationship, taking into consideration the nature and extent of the relationship, including, but not limited to, whether the child was raised with a sibling in the same home, whether the child shared significant common experiences or has existing close and strong bonds with a sibling, and whether ongoing contact is in the child’s best interest, including the child’s long-term emotional interest, as compared to the benefit of legal permanence through adoption. (vi) The child is an Indian child, and there is a compelling reason for determining that termination of parental rights would not be in the best interest of the child, including, but not limited to: (I) Termination of parental rights would substantially interfere with the child’s connection to their tribal community or the child’s tribal membership rights. (II) The child’s tribe has identified guardianship, foster care with a fit and willing relative, tribal customary adoption, or another planned permanent living arrangement for the child. (III) The child is a nonminor dependent, and the nonminor and the nonminor’s tribe have identified tribal customary adoption for the nonminor. (C) For purposes of subparagraph (B), in the case of tribal customary adoptions, Section 366.24 shall apply. (D) If the court finds that termination of parental rights would be detrimental to the child pursuant to clause (i), (ii), (iii), (iv), (v), or (vi), it shall state its reasons in writing or on the record. (2) The court shall not terminate parental rights if: (A) At each hearing at which the court was required to consider reasonable efforts or services, the court has found that reasonable efforts were not made or that reasonable services were not offered or provided. (B) In the case of an Indian child: (i) At the hearing terminating parental rights, the court has found that active efforts were not made as required in Section 361.7. (ii) The court does not make a determination at the hearing terminating parental rights, supported by evidence beyond a reasonable doubt, including testimony of one or more “qualified expert witnesses” as defined in Section 224.6, that the continued custody of the child by the parent is likely to result in serious emotional or physical damage to the child. (iii) The court has ordered tribal customary adoption pursuant to Section 366.24. (3) If the court finds that termination of parental rights would not be detrimental to the child pursuant to paragraph (1) and that the child has a probability for adoption but is difficult to place for adoption and there is no identified or available prospective adoptive parent, the court may identify adoption as the permanent placement goal and, without terminating parental rights, order that efforts be made to locate an appropriate adoptive family for the child, within the state or out of the state, within a period not to exceed 180 days. During this 180-day period, the public agency responsible for seeking adoptive parents for each child shall, to the extent possible, ask each child who is 10 years of age or older to identify any individuals, other than the child’s siblings, who are important to the child, in order to identify potential adoptive parents. The public agency may ask any other child to provide that information, as appropriate. During the 180-day period, the public agency shall, to the extent possible, contact other private and public adoption agencies regarding the availability of the child for adoption. During the 180-day period, the public agency shall conduct the search for adoptive parents in the same manner as prescribed for children in Sections 8708 and 8709 of the Family Code. At the expiration of this period, another hearing shall be held and the court shall proceed pursuant to paragraph (1), (2), (3), (5), or (6) of subdivision (b). For purposes of this section, a child may only be found to be difficult to place for adoption if there is no identified or available prospective adoptive parent for the child because of the child’s membership in a sibling group, the presence of a diagnosed medical, physical, or mental handicap, or the child is seven years of age or older. (4) (A) If the court finds that adoption of the child or termination of parental rights is not in the best interest of the child because one of the conditions in clause (i), (ii), (iii), (iv), (v), or (vi) of subparagraph (B) of paragraph (1) or in paragraph (2) applies, the court shall order that the present caretakers or other appropriate persons shall become legal guardians of the child, or, in the case of an Indian child, consider a tribal customary adoption pursuant to Section 366.24. Legal guardianship shall be considered before continuing the child in foster care under any other permanent plan if it is in the best interests of the child and if a suitable guardian can be found. If the child continues in foster care, the court shall make factual findings identifying barriers to achieving adoption, tribal customary adoption in the case of an Indian child, legal guardianship, or placement with a fit and willing relative as of the date of the hearing. A child who is 10 years of age or older shall be asked to identify any individuals, other than the child’s siblings, who are important to the child, in order to identify potential guardians, or, in the case of an Indian child, prospective tribal customary adoptive parents. The agency may ask any other child to provide that information, as appropriate. (B) (i) If the child is living with an approved relative who is willing and capable of providing a stable and permanent environment but not willing to become a legal guardian as of the hearing date, the court shall order a permanent plan of placement with a fit and willing relative, and the child shall not be removed from the home if the court finds the removal would be seriously detrimental to the emotional well-being of the child because the child has substantial psychological ties to the relative caretaker. (ii) If the child is living with a nonrelative caregiver who is willing and capable of providing a stable and permanent environment but not willing to become a legal guardian as of the hearing date, the court shall order that the child remain in foster care with a permanent plan of return home, adoption, legal guardianship, or placement with a fit and willing relative, as appropriate. If the child is 16 years of age or older, or a nonminor dependent, and no other permanent plan is appropriate at the time of the hearing, the court may order another planned permanent living arrangement, as described in paragraph (2) of subdivision (i) of Section 16501. Regardless of the age of the child, the child shall not be removed from the home if the court finds the removal would be seriously detrimental to the emotional well-being of the child because the child has substantial psychological ties to the caregiver. (iii) If the child is living in a group home or, on or after January 1, 2017, a short-term residential therapeutic program, the court shall order that the child remain in foster care with a permanent plan of return home, adoption, tribal customary adoption in the case of an Indian child, legal guardianship, or placement with a fit and willing relative, as appropriate. If the child is 16 years of age or older, or a nonminor dependent, and no other permanent plan is appropriate at the time of the hearing, the court may order another planned permanent living arrangement, as described in paragraph (2) of subdivision (i) of Section 16501. (C) The court shall also make an order for visitation with the parents or guardians unless the court finds by a preponderance of the evidence that the visitation would be detrimental to the physical or emotional well-being of the child. (5) If the court finds that the child should not be placed for adoption, that legal guardianship shall not be established, that placement with a fit and willing relative is not appropriate as of the hearing date, and that there are no suitable foster parents except certified family homes or resource families of a foster family agency available to provide the child with a stable and permanent environment, the court may order the care, custody, and control of the child transferred from the county welfare department to a licensed foster family agency. The court shall consider the written recommendation of the county welfare director regarding the suitability of the transfer. The transfer shall be subject to further court orders. The licensed foster family agency shall place the child in a suitable licensed or certified family home that has been certified by the agency as meeting licensing standards or with a resource family approved by the agency. The licensed foster family agency shall be responsible for supporting the child and providing appropriate services to the child, including those services ordered by the court. Responsibility for the support of the child shall not, in and of itself, create liability on the part of the foster family agency to third persons injured by the child. Those children whose care, custody, and control are transferred to a foster family agency shall not be eligible for foster care maintenance payments or child welfare services, except for emergency response services pursuant to Section 16504. (d) The proceeding for the appointment of a guardian for a child who is a dependent of the juvenile court shall be conducted in the juvenile court. If the court finds pursuant to this section that legal guardianship is the appropriate permanent plan, it shall appoint the legal guardian and issue letters of guardianship. The assessment prepared pursuant to subdivision (g) of Section 361.5, subdivision (i) of Section 366.21, subdivision (c) of Section 366.22, and subdivision (b) of Section 366.25 shall be read and considered by the court prior to the appointment, and this shall be reflected in the minutes of the court. The assessment may also include the naming of a prospective successor guardian, if one is identified. In the event of the incapacity or death of the appointed guardian, the named successor guardian may be assessed and appointed pursuant to this section. The person preparing the assessment may be called and examined by any party to the proceeding. (e) (1) The proceeding for the adoption of a child who is a dependent of the juvenile court shall be conducted in the juvenile court if the court finds pursuant to this section that adoption is the appropriate permanent plan and the petition for adoption is filed in the juvenile court. Upon the filing of a petition for adoption, the juvenile court shall order that an adoption hearing be set. The court shall proceed with the adoption after the appellate rights of the natural parents have been exhausted. The full report required by Section 8715 of the Family Code shall be read and considered by the court prior to the adoption and this shall be reflected in the minutes of the court. The person preparing the report may be called and examined by any party to the proceeding. It is the intent of the Legislature, pursuant to this subdivision, to give potential adoptive parents the option of filing in the juvenile court the petition for the adoption of a child who is a dependent of the juvenile court. Nothing in this section is intended to prevent the filing of a petition for adoption in any other court as permitted by law, instead of in the juvenile court. (2) In the case of an Indian child, if the Indian child’s tribe has elected a permanent plan of tribal customary adoption, the court, upon receiving the tribal customary adoption order will afford the tribal customary adoption order full faith and credit to the same extent that the court would afford full faith and credit to the public acts, records, judicial proceedings, and judgments of any other entity. Upon a determination that the tribal customary adoption order may be afforded full faith and credit, consistent with Section 224.5, the court shall thereafter order a hearing to finalize the adoption be set upon the filing of the adoption petition. The prospective tribal customary adoptive parents and the child who is the subject of the tribal customary adoption petition shall appear before the court for the finalization hearing. The court shall thereafter issue an order of adoption pursuant to Section 366.24. (3) (A) If a child who is the subject of a finalized tribal customary adoption shows evidence of a developmental disability or mental illness as a result of conditions existing before the tribal customary adoption to the extent that the child cannot be relinquished to a licensed adoption agency on the grounds that a plan of adoption is not currently suitable, and of which condition the tribal customary adoptive parent or parents had no knowledge or notice before the entry of the tribal customary adoption order, a petition setting forth those facts may be filed by the tribal customary adoptive parent or parents with the juvenile court that granted the tribal customary adoption petition. If these facts are proved to the satisfaction of the juvenile court, it may make an order setting aside the tribal customary adoption order. The set-aside petition shall be filed within five years of the issuance of the tribal customary adoption order. The court clerk shall immediately notify the child’s tribe and the department in Sacramento of the petition within 60 days after the notice of filing of the petition. The department shall file a full report with the court and shall appear before the court for the purpose of representing the child. Whenever a final decree of tribal customary adoption has been vacated or set aside, the child shall be returned to the custody of the county in which the proceeding for tribal customary adoption was finalized. The biological parent or parents of the child may petition for return of custody. The disposition of the child after the court has entered an order to set aside a tribal customary adoption shall include consultation with the child’s tribe. (B) Notwithstanding any other law, an adoption case file, including a juvenile case file, as defined in subdivision (e) of Section 827, may be inspected and copied by the department for the purpose of completing the duties pursuant to this paragraph. (f) At the beginning of any proceeding pursuant to this section, if the child or the parents are not being represented by previously retained or appointed counsel, the court shall proceed as follows: (1) In accordance with subdivision (c) of Section 317, if a child before the court is without counsel, the court shall appoint counsel unless the court finds that the child would not benefit from the appointment of counsel. The court shall state on the record its reasons for that finding. (2) If a parent appears without counsel and is unable to afford counsel, the court shall appoint counsel for the parent, unless this representation is knowingly and intelligently waived. The same counsel shall not be appointed to represent both the child and their parent. The public defender or private counsel may be appointed as counsel for the parent. (3) Private counsel appointed under this section shall receive a reasonable sum for compensation and expenses, the amount of which shall be determined by the court. The amount shall be paid by the real parties in interest, other than the child, in any proportions the court deems just. However, if the court finds that any of the real parties in interest are unable to afford counsel, the amount shall be paid out of the general fund of the county. (g) The court may continue the proceeding for a period of time not to exceed 30 days as necessary to appoint counsel and to enable counsel to become acquainted with the case. (h) (1) At all proceedings under this section, the court shall consider the wishes of the child and shall act in the best interests of the child. (2) In accordance with Section 349, the child shall be present in court if the child or the child’s counsel so requests or the court so orders. If the child is 10 years of age or older and is not present at a hearing held pursuant to this section, the court shall determine whether the minor was properly notified of their right to attend the hearing and inquire as to the reason why the child is not present. (3) (A) The testimony of the child may be taken in chambers and outside the presence of the child’s parent or parents if the child’s parent or parents are represented by counsel, the counsel is present, and any of the following circumstances exist: (i) The court determines that testimony in chambers is necessary to ensure truthful testimony. (ii) The child is likely to be intimidated by a formal courtroom setting. (iii) The child is afraid to testify in front of their parent or parents. (B) After testimony in chambers, the parent or parents of the child may elect to have the court reporter read back the testimony or have the testimony summarized by counsel for the parent or parents. (C) The testimony of a child also may be taken in chambers and outside the presence of the guardian or guardians of a child under the circumstances specified in this subdivision. (i) (1) An order of the court permanently terminating parental rights under this section shall be conclusive and binding upon the child, upon the parent or parents and, upon all other persons who have been served with citation by publication or otherwise as provided in this chapter. After making the order, the juvenile court shall have no power to set aside, change, or modify it, except as provided in paragraph (2), but nothing in this section shall be construed to limit the right to appeal the order. (2) A tribal customary adoption order evidencing that the Indian child has been the subject of a tribal customary adoption shall be afforded full faith and credit and shall have the same force and effect as an order of adoption authorized by this section. The rights and obligations of the parties as to the matters determined by the Indian child’s tribe shall be binding on all parties. A court shall not order compliance with the order absent a finding that the party seeking the enforcement participated, or attempted to participate, in good faith, in family mediation services of the court or dispute resolution through the tribe regarding the conflict, prior to the filing of the enforcement action. (3) A child who has not been adopted after the passage of at least three years from the date the court terminated parental rights and for whom the court has determined that adoption is no longer the permanent plan may petition the juvenile court to reinstate parental rights pursuant to the procedure prescribed by Section 388. The child may file the petition prior to the expiration of this three-year period if the State Department of Social Services, county adoption agency, or licensed adoption agency that is responsible for custody and supervision of the child as described in subdivision (j) and the child stipulate that the child is no longer likely to be adopted. A child over 12 years of age shall sign the petition in the absence of a showing of good cause as to why the child could not do so. If it appears that the best interests of the child may be promoted by reinstatement of parental rights, the court shall order that a hearing be held and shall give prior notice, or cause prior notice to be given, to the social worker or probation officer and to the child’s attorney of record, or, if there is no attorney of record for the child, to the child, and the child’s tribe, if applicable, by means prescribed by subdivision (c) of Section 297. The court shall order the child or the social worker or probation officer to give prior notice of the hearing to the child’s former parent or parents whose parental rights were terminated in the manner prescribed by subdivision (f) of Section 294 where the recommendation is adoption. The juvenile court shall grant the petition if it finds by clear and convincing evidence that the child is no longer likely to be adopted and that reinstatement of parental rights is in the child’s best interest. If the court reinstates parental rights over a child who is under 12 years of age and for whom the new permanent plan will not be reunification with a parent or legal guardian, the court shall specify the factual basis for its findings that it is in the best interest of the child to reinstate parental rights. This subdivision is intended to be retroactive and applies to any child who is under the jurisdiction of the juvenile court at the time of the hearing regardless of the date parental rights were terminated. (j) If the court, by order or judgment, declares the child free from the custody and control of both parents, or one parent if the other does not have custody and control, or declares the child eligible for tribal customary adoption, the court shall at the same time order the child referred to the State Department of Social Services, county adoption agency, or licensed adoption agency for adoptive placement by the agency. However, except in the case of a tribal customary adoption where there is no termination of parental rights, a petition for adoption may not be granted until the appellate rights of the natural parents have been exhausted. The State Department of Social Services, county adoption agency, or licensed adoption agency shall be responsible for the custody and supervision of the child and shall be entitled to the exclusive care and control of the child at all times until a petition for adoption or tribal customary adoption is granted, except as specified in subdivision (n). With the consent of the agency, the court may appoint a guardian of the child, who shall serve until the child is adopted. (k) (1) Notwithstanding any other law, the application of any person who, as a relative caretaker or foster parent, has cared for a dependent child for whom the court has approved a permanent plan for adoption, or who has been freed for adoption, shall be given preference with respect to that child over all other applications for adoptive placement if the agency making the placement determines that the child has substantial emotional ties to the relative caretaker or foster parent and removal from the relative caretaker or foster parent would be seriously detrimental to the child’s emotional well-being. (2) As used in this subdivision, “preference” means that the application shall be processed and, if satisfactory, the family study shall be completed before the processing of the application of any other person for the adoptive placement of the child. (l) (1) An order by the court that a hearing pursuant to this section be held is not appealable at any time unless all of the following apply: (A) A petition for extraordinary writ review was filed in a timely manner. (B) The petition substantively addressed the specific issues to be challenged and supported that challenge by an adequate record. (C) The petition for extraordinary writ review was summarily denied or otherwise not decided on the merits. (2) Failure to file a petition for extraordinary writ review within the period specified by rule, to substantively address the specific issues challenged, or to support that challenge by an adequate record shall preclude subsequent review by appeal of the findings and orders made pursuant to this section. (3) The Judicial Council shall adopt rules of court, effective January 1, 1995, to ensure all of the following: (A) A trial court, after issuance of an order directing a hearing pursuant to this section be held, shall advise all parties of the requirement of filing a petition for extraordinary writ review as set forth in this subdivision in order to preserve any right to appeal in these issues. (i) If a party is present at the time of the making of the order, the notice shall be made orally to the party. (ii) If the party is not present at the time of making the order, the notice shall be made by the clerk of the court by first-class mail to the last known address of a party or by electronic service pursuant to Section 212.5. If the notice is for a hearing at which the social worker will recommend the termination of parental rights, the notice may be electronically served pursuant to Section 212.5, but only in addition to service of the notice by first-class mail. (B) The prompt transmittal of the records from the trial court to the appellate court. (C) That adequate time requirements for counsel and court personnel exist to implement the objective of this subdivision. (D) That the parent or guardian, or their trial counsel or other counsel, is charged with the responsibility of filing a petition for extraordinary writ relief pursuant to this subdivision. (4) The intent of this subdivision is to do both of the following: (A) Make every reasonable attempt to achieve a substantive and meritorious review by the appellate court within the time specified in Sections 366.21, 366.22, and 366.25 for holding a hearing pursuant to this section. (B) Encourage the appellate court to determine all writ petitions filed pursuant to this subdivision on their merits. (5) This subdivision shall only apply to cases in which an order to set a hearing pursuant to this section is issued on or after January 1, 1995. (m) Except for subdivision (j), this section shall also apply to minors adjudged wards pursuant to Section 727.31. (n) (1) Notwithstanding Section 8704 of the Family Code or any other law, the court, at a hearing held pursuant to this section or anytime thereafter, may designate a current caretaker as a prospective adoptive parent if the child has lived with the caretaker for at least six months, the caretaker currently expresses a commitment to adopt the child, and the caretaker has taken at least one step to facilitate the adoption process. In determining whether to make that designation, the court may take into consideration whether the caretaker is listed in the preliminary assessment prepared by the county department in accordance with subdivision (i) of Section 366.21 as an appropriate person to be considered as an adoptive parent for the child and the recommendation of the State Department of Social Services, county adoption agency, or licensed adoption agency. (2) For purposes of this subdivision, steps to facilitate the adoption process include, but are not limited to, the following: (A) Applying for an adoption home study. (B) Cooperating with an adoption home study. (C) Being designated by the court or the adoption agency as the adoptive family. (D) Requesting de facto parent status. (E) Signing an adoptive placement agreement. (F) Engaging in discussions regarding a postadoption contact agreement. (G) Working to overcome any impediments that have been identified by the State Department of Social Services, county adoption agency, or licensed adoption agency. (H) Attending classes required of prospective adoptive parents. (3) Prior to a change in placement and as soon as possible after a decision is made to remove a child from the home of a designated prospective adoptive parent, the agency shall notify the court, the designated prospective adoptive parent or the current caretaker, if that caretaker would have met the threshold criteria to be designated as a prospective adoptive parent pursuant to paragraph (1) on the date of service of this notice, the child’s attorney, the child, if the child is 10 years of age or older, and, where it is known or there is reason to know that the child is an Indian child, as defined by Section 224.1, the child’s tribe, of the proposal in the manner described in Section 16010.6. (A) Within five court days or seven calendar days, whichever is longer, of the date of notification, the child, the child’s attorney, the child’s tribe, or the designated prospective adoptive parent may file a petition with the court objecting to the proposal to remove the child, or the court, upon its own motion, may set a hearing regarding the proposal. The court may, for good cause, extend the filing period. A caretaker who would have met the threshold criteria to be designated as a prospective adoptive parent pursuant to paragraph (1) on the date of service of the notice of proposed removal of the child may file, together with the petition under this subparagraph, a petition for an order designating the caretaker as a prospective adoptive parent for purposes of this subdivision. (B) A hearing ordered pursuant to this paragraph shall be held as soon as possible and not later than five court days after the petition is filed with the court or the court sets a hearing upon its own motion, unless the court for good cause is unable to set the matter for hearing five court days after the petition is filed, in which case the court shall set the matter for hearing as soon as possible. At the hearing, the court shall determine whether the caretaker has met the threshold criteria to be designated as a prospective adoptive parent pursuant to paragraph (1) and whether the proposed removal of the child from the home of the designated prospective adoptive parent is in the child’s best interest. The child may not be removed from the home of the designated prospective adoptive parent unless the court finds that removal is in the child’s best interest. If the court determines that the caretaker did not meet the threshold criteria to be designated as a prospective adoptive parent on the date of service of the notice of proposed removal of the child, the petition objecting to the proposed removal filed by the caretaker shall be dismissed. If the caretaker was designated as a prospective adoptive parent prior to this hearing, the court shall inquire into any progress made by the caretaker towards the adoption of the child since the caretaker was designated as a prospective adoptive parent. (C) A determination by the court that the caretaker is a designated prospective adoptive parent pursuant to paragraph (1) or subparagraph (B) does not make the caretaker a party to the dependency proceeding nor does it confer on the caretaker any standing to object to any other action of the department, county adoption agency, or licensed adoption agency, unless the caretaker has been declared a de facto parent by the court prior to the notice of removal served pursuant to paragraph (3). (D) If a petition objecting to the proposal to remove the child is not filed and the court, upon its own motion, does not set a hearing, the child may be removed from the home of the designated prospective adoptive parent without a hearing. (4) Notwithstanding paragraph (3), if the State Department of Social Services, county adoption agency, or licensed adoption agency determines that the child must be removed from the home of the caretaker who is or may be a designated prospective adoptive parent immediately, due to a risk of physical or emotional harm, the agency may remove the child from that home and is not required to provide notice prior to the removal. However, as soon as possible and not longer than two court days after the removal, the agency shall notify the court, the caretaker who is or may be a designated prospective adoptive parent, the child’s attorney, and the child, if the child is 10 years of age or older, of the removal. Within five court days or seven calendar days, whichever is longer, of the date of notification of the removal, the child, the child’s attorney, or the caretaker who is or may be a designated prospective adoptive parent may petition for, or the court on its own motion may set, a noticed hearing pursuant to paragraph (3). The court may, for good cause, extend the filing period. (5) Except as provided in subdivision (b) of Section 366.28, an order by the court issued after a hearing pursuant to this subdivision shall not be appealable. (6) Nothing in this section shall preclude a county child protective services agency from fully investigating and responding to alleged abuse or neglect of a child pursuant to Section 11165.5 of the Penal Code. (7) When an Indian child is removed from the home of a prospective adoptive parent pursuant to this section, the placement preferences contained in Section 361.31 and the federal Indian Child Welfare Act of 1978 (25 U.S.C. Sec. 1901 et seq.) apply to the subsequent placement of the child. (8) The Judicial Council shall prepare forms to facilitate the filing of the petitions described in this subdivision, which shall become effective on January 1, 2006. (Amended by Stats. 2024, Ch. 656, Sec. 20. (AB 81) Effective September 27, 2024.)
366.27.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 10. Dependent Children—Judgments and Orders [360 - 371] ( Article 10 added by Stats. 1976, Ch. 1068. )
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A court may let a relative give medical consent for a minor, and may limit a parent’s or guardian’s educational decision rights so another caregiver can make those decisions.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 10. Dependent Children—Judgments and Orders [360 - 371] ( Article 10 added by Stats. 1976, Ch. 1068. ) ## 366.27. (a) If a court, pursuant to paragraph (5) of subdivision (g) of Section 366.21, Section 366.22, Section 366.25, or Section 366.26, orders the placement of a minor in a planned permanent living arrangement with a relative, the court may authorize the relative to provide the same legal consent for the minor’s medical, surgical, and dental care as the custodial parent of the minor. (b) If a court orders the placement of a minor in a planned permanent living arrangement with a foster parent, relative caretaker, or nonrelative extended family member as defined in Section 362.7, the court may limit the right of the minor’s parent or guardian to make educational decisions on the minor’s behalf, so that the foster parent, relative caretaker, or nonrelative extended family member may exercise the educational consent duties pursuant to Section 56055 of the Education Code. (c) If a court orders the placement of a minor in a planned permanent living arrangement, for purposes of this section, a foster parent shall include a person, relative caretaker, or a nonrelative extended family member as defined in Section 362.7, who has been licensed or approved by the county welfare department, county probation department, or the State Department of Social Services, or has been designated by the court as a specified placement. (Amended by Stats. 2012, Ch. 845, Sec. 14. (SB 1064) Effective January 1, 2013.)
366.28.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 10. Dependent Children—Judgments and Orders [360 - 371] ( Article 10 added by Stats. 1976, Ch. 1068. )
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This section limits appeals from certain dependency placement orders after parental rights are terminated, and it preserves a parent's, guardian's, or child's right to appeal otherwise appealable orders from a Section 366.26 hearing.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 10. Dependent Children—Judgments and Orders [360 - 371] ( Article 10 added by Stats. 1976, Ch. 1068. ) ## 366.28. (a) The Legislature finds and declares that delays caused by appeals from court orders designating the specific placement of a dependent child after parental rights have been terminated may cause a substantial detriment to the child. The Legislature recognizes that the juvenile court intervenes in placement decisions after parental rights have been terminated only in exceptional circumstances, and this section is not intended to place additional authority or responsibility on the juvenile court. (b) (1) After parental rights have been terminated pursuant to Section 366.26, an order by the court that a dependent child is to reside in, be retained in, or be removed from a specific placement, is not appealable at any time unless all of the following apply: (A) A petition for extraordinary writ review was filed in a timely manner. (B) The petition substantively addressed the specific issues to be challenged and supported that challenge by an adequate record. (C) The petition was summarily denied or otherwise not decided on the merits. (2) Failure to file a petition for extraordinary writ review within the period specified by rule of court, to substantively address the specific placement order that is challenged, or to support that challenge by an adequate record shall preclude subsequent review by appeal of the findings and orders made pursuant to this section. (c) This section does not affect the right of a parent, a legal guardian, or the child to appeal any order that is otherwise appealable and that is issued at a hearing held pursuant to Section 366.26. (d) The Judicial Council shall adopt a rule of court on or before January 1, 2005, to implement this section. This section shall become operative after the rule of court is adopted. (Amended by Stats. 2004, Ch. 249, Sec. 3. Effective August 23, 2004. Section operative on date prescribed in subd. (d).)
366.29.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 10. Dependent Children—Judgments and Orders [360 - 371] ( Article 10 added by Stats. 1976, Ch. 1068. )
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This section lets adoptive parents and the court handle postadoption sibling contact, but the adoption cannot depend on that contact.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 10. Dependent Children—Judgments and Orders [360 - 371] ( Article 10 added by Stats. 1976, Ch. 1068. ) ## 366.29. (a) When a court, pursuant to Section 366.26, orders that a dependent child be placed for adoption, nothing in the adoption laws of this state shall be construed to prevent the prospective adoptive parent or parents of the child from expressing a willingness to facilitate postadoptive sibling contact. With the consent of the adoptive parent or parents, the court may include in the final adoption order provisions for the adoptive parent or parents to facilitate postadoptive sibling contact. In no event shall the continuing validity of the adoption be contingent upon the postadoptive contact, nor shall the ability of the adoptive parent or parents and the child to change residence within or outside the state be impaired by the order for contact. (b) If, following entry of an order for sibling contact pursuant to subdivision (a), it is determined by the adoptive parent or parents that sibling contact poses a threat to the health, safety, or well-being of the adopted child, the adoptive parent or parents may terminate the sibling contact, provided that the adoptive parent or parents shall submit written notification to the court within 10 days after terminating the contact, which notification shall specify to the court the reasons why the health, safety, or well-being of the adopted child would be threatened by continued sibling contact. (c) Upon the granting of the adoption petition and the issuing of the order of adoption of a child who is a dependent of the juvenile court, the jurisdiction of the juvenile court with respect to the dependency proceedings of that child shall be terminated. Nonetheless, the court granting the petition of adoption shall maintain jurisdiction over the child for enforcement of the postadoption contact agreement. The court may only order compliance with the postadoption contact agreement upon a finding of both of the following: (1) The party seeking the enforcement participated, in good faith, in mediation or other appropriate alternative dispute resolution proceedings regarding the conflict, prior to the filing of the enforcement action. (2) The enforcement is in the best interest of the child. (Amended by Stats. 2001, Ch. 747, Sec. 4. Effective January 1, 2002.)
366.3.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 10. Dependent Children—Judgments and Orders [360 - 371] ( Article 10 added by Stats. 1976, Ch. 1068. )
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This section requires ongoing juvenile court review of a child’s permanent plan, including six-month status reviews, notice and participation rules, and actions after adoption or guardianship changes.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 10. Dependent Children—Judgments and Orders [360 - 371] ( Article 10 added by Stats. 1976, Ch. 1068. ) ## 366.3. (a) (1) If a juvenile court orders a permanent plan of adoption, tribal customary adoption, adoption of a nonminor dependent pursuant to subdivision (f) of Section 366.31, or legal guardianship pursuant to Section 360 or 366.26, the court shall retain jurisdiction over the child or nonminor dependent until the child or nonminor dependent is adopted or the legal guardianship is established, except as provided for in Section 366.29 or, on and after January 1, 2012, Section 366.32. The status of the child or nonminor dependent shall be reviewed every six months to ensure that the adoption or legal guardianship is completed as expeditiously as possible. Following a termination of parental rights, the parent or parents shall not be a party to, or receive notice of, any subsequent proceedings regarding the child. (2) When the adoption of the child or nonminor dependent has been granted, or in the case of a tribal customary adoption, when the tribal customary adoption order has been afforded full faith and credit and the petition for adoption has been granted, the court shall terminate its jurisdiction over the child or nonminor dependent. (3) Following establishment of a legal guardianship, the court may continue jurisdiction over the child as a dependent child of the juvenile court or may terminate its dependency jurisdiction and retain jurisdiction over the child as a ward of the legal guardianship as authorized by Section 366.4. If, however, a relative or nonrelative extended family member of the child is appointed the legal guardian of the child and the guardian’s home has been approved pursuant to Section 16519.5 for at least six months, the court shall, except if the relative or nonrelative extended family member guardian objects, or upon a finding of exceptional circumstances, terminate its dependency jurisdiction and retain jurisdiction over the child as a ward of the guardianship as authorized by Section 366.4. (b) (1) If the court has dismissed dependency jurisdiction following the establishment of a legal guardianship or no dependency jurisdiction attached because of the granting of a legal guardianship pursuant to Section 360 and the legal guardianship is subsequently revoked or otherwise terminated, the county welfare department shall notify the juvenile court of this fact. The court may vacate its previous order dismissing dependency jurisdiction over the child. (2) Notwithstanding Section 1601 of the Probate Code, the proceedings to terminate a legal guardianship that has been granted pursuant to Section 360 or 366.26 shall be held either in the juvenile court that retains jurisdiction over the guardianship, as authorized by Section 366.4, or the juvenile court in the county where the guardian and child currently reside, based on the best interests of the child, unless the termination is due to the emancipation or adoption of the child. The juvenile court having jurisdiction over the guardianship shall receive notice from the court in which the petition is filed within five calendar days of the filing. Prior to the hearing on a petition to terminate legal guardianship pursuant to this subdivision, the court shall order the county welfare department having jurisdiction or jointly with the county department where the guardian and child currently reside to prepare a report, for the court’s consideration, that shall include an evaluation of whether the child could safely remain in, or be returned to, the legal guardian’s home, without terminating the legal guardianship, if services were provided to the child or legal guardian. If applicable, the report shall also identify recommended family maintenance or reunification services to maintain the legal guardianship and set forth a plan for providing those services. If the petition to terminate legal guardianship is granted, either juvenile court may resume dependency jurisdiction over the child and may order the county welfare department to develop a new permanent plan, which shall be presented to the court within 60 days of the termination. If no dependency jurisdiction has attached, the social worker shall make any investigation the social worker deems necessary to determine whether the child may be within the jurisdiction of the juvenile court, as provided in Section 328. (3) Unless the parental rights of the child’s parent or parents have been terminated, the parents shall be notified that the legal guardianship has been revoked or terminated and shall be entitled to participate in the new permanency planning hearing. The court shall try to place the child in another permanent placement. At the hearing, the parents may be considered as custodians but the child shall not be returned to the parent or parents unless they prove, by a preponderance of the evidence, that reunification is the best alternative for the child. The court may, if it is in the best interests of the child, order that reunification services again be provided to the parent or parents. (c) If, following the establishment of a legal guardianship, the county welfare department becomes aware of changed circumstances that indicate adoption or, for an Indian child, tribal customary adoption, may be an appropriate plan for the child, the department shall so notify the court. The court may vacate its previous order dismissing dependency jurisdiction over the child and order that a hearing be held pursuant to Section 366.26 to determine whether adoption or continued legal guardianship is the most appropriate plan for the child. The hearing shall be held no later than 120 days from the date of the order. If the court orders that a hearing shall be held pursuant to Section 366.26, the court shall direct the agency supervising the child and the county adoption agency, or the State Department of Social Services if it is acting as an adoption agency, to prepare an assessment under subdivision (c) of Section 366.22. (d) (1) If the child or nonminor dependent is in a placement other than the home of a legal guardian and jurisdiction has not been dismissed, the status of the child shall be reviewed at least every six months. The review of the status of a child for whom the court has ordered parental rights terminated and who has been ordered placed for adoption shall be conducted by the court. The review of the status of a child or nonminor dependent for whom the court has not ordered parental rights terminated and who has not been ordered placed for adoption may be conducted by the court or an appropriate local agency. The court shall conduct the review under the following circumstances: (A) Upon the request of the child’s parents or legal guardians. (B) Upon the request of the child or nonminor dependent. (C) It has been 12 months since a hearing held pursuant to Section 366.26 or an order that the child remain in foster care pursuant to Section 366.21, 366.22, 366.25, or 366.26 or subdivision (h). (D) It has been 12 months since a review was conducted by the court. (2) The court shall determine whether or not reasonable efforts to make and finalize a permanent placement for the child have been made. (e) Except as provided in subdivision (g), at the review held every six months pursuant to subdivision (d), the reviewing body shall inquire about the progress being made to provide a permanent home for the child, shall consider the safety of the child, and shall determine all of the following: (1) The continuing necessity for, and appropriateness of, the placement. If the child is placed in a short-term residential therapeutic program on or after October 1, 2021, or a community treatment facility on or after July 1, 2022, the court shall consider the evidence and documentation submitted pursuant to subdivision (l) of Section 366.1 in making this determination. (2) Identification of individuals other than the child’s siblings who are important to a child who is 10 years of age or older and has been in out-of-home placement for six months or longer and actions necessary to maintain the child’s relationship with those individuals if those relationships are in the best interest of the child. The social worker shall ask every child who is 10 years of age or older and who has been in out-of-home placement for six months or longer to identify individuals other than the child’s siblings who are important to the child, and may ask any other child to provide that information, as appropriate. The social worker shall make efforts to identify other individuals who are important to the child, consistent with the child’s best interests. (3) The continuing appropriateness and extent of compliance with the permanent plan for the child, including efforts to maintain relationships between a child who is 10 years of age or older and who has been in out-of-home placement for six months or longer and individuals who are important to the child and efforts to identify a prospective adoptive parent or legal guardian, including, but not limited to, child-specific recruitment efforts and listing on an adoption exchange. (4) The extent of the agency’s compliance with the child welfare services case plan in making reasonable efforts either to return the child to the safe home of the parent or to complete whatever steps are necessary to finalize the permanent placement of the child. If the reviewing body determines that a second period of reunification services is in the child’s best interests, and that there is a significant likelihood of the child’s return to a safe home due to changed circumstances of the parent, pursuant to subdivision (f), the specific reunification services required to effect the child’s return to a safe home shall be described. (5) Whether there should be any limitation on the right of the parent or guardian to make educational decisions or developmental services decisions for the child. That limitation shall be specifically addressed in the court order and may not exceed what is necessary to protect the child. If the court specifically limits the right of the parent or guardian to make educational decisions or developmental services decisions for the child, the court shall at the same time appoint a responsible adult to make educational decisions or developmental services decisions for the child pursuant to Section 361. (6) The adequacy of services provided to the child. The court shall consider the progress in providing the information and documents to the child as described in Section 391. The court shall also consider the need for, and progress in providing, the assistance and services described in Section 391. (7) The extent of progress the parents or legal guardians have made toward alleviating or mitigating the causes necessitating placement in foster care. (8) The likely date by which the child may be returned to, and safely maintained in, the home, placed for adoption, legal guardianship, placed with a fit and willing relative, or, for an Indian child, in consultation with the child’s tribe, placed for tribal customary adoption, or, if the child is 16 years of age or older, and no other permanent plan is appropriate at the time of the hearing, in another planned permanent living arrangement. (9) (A) Whether the child has any siblings under the court’s jurisdiction, and, if any siblings exist, all of the following: (i) The nature of the relationship between the child and their siblings. (ii) The appropriateness of developing or maintaining the sibling relationships pursuant to Section 16002. At the first review conducted for a child for whom the court has ordered parental rights terminated and who has been ordered placed for adoption, the court shall inquire into the status of the development of a voluntary postadoption sibling contact agreement pursuant to subdivision (e) of Section 16002. (iii) If the siblings are not placed together in the same home, why the siblings are not placed together and what efforts are being made to place the siblings together, or why those efforts are not appropriate. (iv) If the siblings are not placed together, all of the following: (I) The frequency and nature of the visits between the siblings. (II) If there are visits between the siblings, whether the visits are supervised or unsupervised. If the visits are supervised, a discussion of the reasons why the visits are supervised and what needs to be accomplished in order for the visits to be unsupervised. (III) If there are visits between the siblings, a description of the location and length of the visits. (IV) Any plan to increase visitation between the siblings. (v) The impact of the sibling relationships on the child’s placement and planning for legal permanence. (B) The factors the court may consider as indicators of the nature of the child’s sibling relationships include, but are not limited to, whether the siblings were raised together in the same home, whether the siblings have shared significant common experiences or have existing close and strong bonds, whether either sibling expresses a desire to visit or live with their sibling, as applicable, and whether ongoing contact is in the child’s best emotional interests. (10) For a child who is 14 years of age or older and for a nonminor dependent, the services needed to assist the child or nonminor dependent to make the transition from foster care to successful adulthood. (11) Whether or not reasonable efforts to make and finalize a permanent placement for the child have been made. Each licensed foster family agency shall submit reports for each child in its care, custody, and control to the court concerning the continuing appropriateness and extent of compliance with the child’s permanent plan, the extent of compliance with the case plan, and the type and adequacy of services provided to the child. (f) Unless their parental rights have been permanently terminated, the parent or parents of the child are entitled to receive notice of, and participate in, those hearings. It shall be presumed that continued care is in the best interests of the child, unless the parent or parents prove, by a preponderance of the evidence, that further efforts at reunification are the best alternative for the child. In those cases, the court may order the parent or parents be provided further reunification services, for up to a period of six months, and family maintenance services, as needed for an additional six months, to return the child to a safe home environment. This subdivision does not apply to the parents of a nonminor dependent. (g) At the review conducted by the court and held at least every six months, regarding a child for whom the court has ordered parental rights terminated and who has been ordered placed for adoption or for an Indian child for whom parental rights are not being terminated and a tribal customary adoption is being considered, the county welfare department shall prepare and present to the court a report describing the following: (1) The child’s present placement. (2) The child’s current physical, mental, emotional, and educational status. (3) If the child has not been placed with a prospective adoptive parent or guardian, identification of individuals, other than the child’s siblings, who are important to the child and actions necessary to maintain the child’s relationship with those individuals, provided that those relationships are in the best interest of the child. The agency shall ask every child who is 10 years of age or older to identify any individuals who are important to the child, consistent with the child’s best interest, and may ask any child who is younger than 10 years of age to provide that information as appropriate. The agency shall make efforts to identify other individuals who are important to the child. (4) Whether the child has been placed with a prospective adoptive parent or parents. (5) Whether an adoptive placement agreement has been signed and filed. (6) If the child has not been placed with a prospective adoptive parent or parents, the efforts made to identify an appropriate prospective adoptive parent or legal guardian, including, but not limited to, child-specific recruitment efforts and listing on an adoption exchange. (7) Whether the final adoption order should include provisions for postadoptive sibling contact pursuant to Section 366.29. (8) The progress of the search for an adoptive placement if one has not been identified. (9) Any impediments to the adoption or the adoptive placement. (10) The anticipated date by which the child will be adopted or placed in an adoptive home. (11) The anticipated date by which an adoptive placement agreement will be signed. (12) Recommendations for court orders that will assist in the placement of the child for adoption or in the finalization of the adoption. The court shall determine whether reasonable efforts to make and finalize a permanent placement for the child have been made. The court shall make appropriate orders to protect the stability of the child and to facilitate and expedite the permanent placement and adoption of the child. (h) (1) At the review held pursuant to subdivision (d) for a child in foster care, the court shall consider all permanency planning options for the child including whether the child should be returned to the home of the parent, placed for adoption, or, for an Indian child, in consultation with the child’s tribe, placed for tribal customary adoption, or appointed a legal guardian, placed with a fit and willing relative, or, if compelling reasons exist for finding that none of the foregoing options are in the best interest of the child and the child is 16 years of age or older, whether the child should be placed in another planned permanent living arrangement. The court shall order that a hearing be held pursuant to Section 366.26, unless it determines by clear and convincing evidence that there is a compelling reason for determining that a hearing held pursuant to Section 366.26 is not in the best interest of the child because the child is being returned to the home of the parent, the child is not a proper subject for adoption, or no one is willing to accept legal guardianship as of the hearing date. If the county adoption agency, or the department when it is acting as an adoption agency, has determined it is unlikely that the child will be adopted or one of the conditions described in paragraph (1) of subdivision (c) of Section 366.26 applies, that fact shall constitute a compelling reason for purposes of this subdivision. Only upon that determination may the court order that the child remain in foster care, without holding a hearing pursuant to Section 366.26. The court shall make factual findings identifying any barriers to achieving the permanent plan as of the hearing date. The nonminor dependent’s legal status as an adult is in and of itself a compelling reason not to hold a hearing pursuant to Section 366.26. (2) When the child is 16 years of age or older and in another planned permanent living arrangement, the court shall do all of the following: (A) Ask the child about their desired permanency outcome. (B) Make a judicial determination explaining why, as of the hearing date, another planned permanent living arrangement is the best permanency plan for the child. (C) State for the record the compelling reason or reasons why it continues not to be in the best interest of the child to return home, be placed for adoption, be placed for tribal customary adoption in the case of an Indian child, be placed with a legal guardian, or be placed with a fit and willing relative. (3) When the child is 16 years of age or older and is in another planned permanent living arrangement, the social study prepared for the hearing shall include a description of all of the following: (A) The intensive and ongoing efforts to return the child to the home of the parent, place the child for adoption, or establish a legal guardianship, as appropriate. (B) The steps taken to do both of the following: (i) Ensure that the child’s care provider is following the reasonable and prudent parent standard. (ii) Determine whether the child has regular, ongoing opportunities to engage in age or developmentally appropriate activities, including consulting with the child about opportunities for the child to participate in those activities. (4) When the child is under 16 years of age and has a permanent plan of return home, adoption, legal guardianship, or placement with a fit and willing relative, the social study shall include a description of any barriers to achieving the permanent plan and the efforts made by the agency to address those barriers. (i) If, as authorized by subdivision (h), the court orders a hearing pursuant to Section 366.26, the court shall direct the agency supervising the child and the county adoption agency, or the State Department of Social Services when it is acting as an adoption agency, to prepare an assessment, as provided for in subdivision (i) of Section 366.21 or subdivision (c) of Section 366.22. A hearing held pursuant to Section 366.26 shall be held no later than 120 days from the date of the 12-month review at which it is ordered, and at that hearing the court shall determine whether adoption, tribal customary adoption, legal guardianship, placement with a fit and willing relative, or, for a child 16 years of age or older, another planned permanent living arrangement is the most appropriate plan for the child. On and after January 1, 2012, a hearing pursuant to Section 366.26 shall not be ordered if the child is a nonminor dependent, unless the nonminor dependent is an Indian child and tribal customary adoption is recommended as the permanent plan. The court may order that a nonminor dependent who otherwise is eligible pursuant to Section 11403 remain in a planned, permanent living arrangement. At the request of the nonminor dependent who has an established relationship with an adult determined to be the nonminor dependent’s permanent connection, the court may order adoption of the nonminor dependent pursuant to subdivision (f) of Section 366.31. (j) The reviews conducted pursuant to subdivision (a) or (d) may be conducted earlier than every six months if the court determines that an earlier review is in the best interests of the child or as court rules prescribe. (k) On and after October 1, 2021, for reviews conducted pursuant to subdivision (a) or (d) for the child whose placement in a short-term residential therapeutic program has been reviewed and approved and, on and after July 1, 2022, for reviews conducted pursuant to subdivision (a) or (d) for the child whose placement in a community treatment facility has been reviewed and approved, pursuant to Section 361.22, the report prepared for the review shall include evidence of all of the following: (1) Ongoing assessment of the strengths and needs of the child continues to support the determination that the needs of the child cannot be met by family members or in another family-based setting, placement in a short-term residential therapeutic program or community treatment facility, as applicable, continues to provide the most effective and appropriate care setting in the least restrictive environment, and the placement is consistent with the short- and long-term mental and behavioral health goals and permanency plan for the child. (2) Documentation of the child’s specific treatment or service needs that will be met in the placement and the length of time the child is expected to need the treatment or services. For a Medi-Cal beneficiary, the determination of services and expected length of time for those services funded by Medi-Cal shall be based upon medical necessity and on all other state and federal Medi-Cal requirements, and shall be reflected in the documentation. (3) Documentation of the intensive and ongoing efforts made by the child welfare department, consistent with the child’s permanency plan, to prepare the child to return home or to be placed with a fit and willing relative, a legal guardian, an adoptive parent, in a resource family home or tribally approved home, or in another appropriate family-based setting. (Amended by Stats. 2024, Ch. 80, Sec. 127. (SB 1525) Effective January 1, 2025.)
366.31.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 10. Dependent Children—Judgments and Orders [360 - 371] ( Article 10 added by Stats. 1976, Ch. 1068. )
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This section requires the court to review and document specific information for older foster youth and nonminor dependents, and it sets reporting, notice, and review duties for court officers and foster agencies.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 10. Dependent Children—Judgments and Orders [360 - 371] ( Article 10 added by Stats. 1976, Ch. 1068. ) ## 366.31. (a) If a review hearing is the last review hearing to be held before the child attains 18 years of age, the court shall ensure all of the following: (1) The child’s case plan includes a plan for the child to satisfy one or more of the participation conditions described in paragraphs (1) to (5), inclusive, of subdivision (b) of Section 11403, so that the child is eligible to remain in foster care as a nonminor dependent. (2) The child has been informed of their right to seek termination of dependency jurisdiction pursuant to Section 391, and understands the potential benefits of continued dependency. (3) The child is informed of their right to have dependency reinstated pursuant to subdivision (e) of Section 388, and understands the potential benefits of continued dependency. (b) At the review hearing that occurs in the six-month period before the child attains 18 years of age, and at every subsequent review hearing for the nonminor dependent, as described in subdivision (v) of Section 11400, the report shall describe all of the following: (1) The child’s and nonminor dependent’s plans to remain in foster care and plans to meet one or more of the participation conditions as described in paragraphs (1) to (5), inclusive, of subdivision (b) of Section 11403 to continue to receive AFDC-FC benefits as a nonminor dependent. (2) The efforts made and assistance provided to the child and nonminor dependent by the social worker or the probation officer so that the child and nonminor dependent will be able to meet the participation conditions. (3) Efforts toward completing the items described in paragraph (2) of subdivision (e) of Section 391. (4) On and after October 1, 2021, for a child or nonminor dependent whose placement in a short-term residential therapeutic program has been reviewed and approved, and, on and after July 1, 2022, for a child or nonminor dependent whose placement in a community treatment facility has been reviewed and approved, pursuant to Section 361.22, the report prepared for the review shall include evidence of all of the following: (A) Ongoing assessment of the strengths and needs of the child or nonminor dependent continues to support the determination that the needs of the child or nonminor dependent cannot be met by family members or in another family-based setting, placement in a short-term residential therapeutic program or community treatment facility, as applicable, continues to provide the most effective and appropriate care setting in the least restrictive environment, and placement is consistent with the short- and long-term mental and behavioral health goals and permanency plan for the child or nonminor dependent. (B) Documentation of the child or nonminor dependent’s specific treatment or service needs that will be met in the placement and the length of time the child or nonminor dependent is expected to need the treatment or services. For a Medi-Cal beneficiary, the determination of services and expected length of time for those services funded by Medi-Cal shall be based upon medical necessity and on all other state and federal Medi-Cal requirements, and shall be reflected in the documentation. (C) Documentation of the intensive and ongoing efforts made by the child welfare department, consistent with the child or nonminor dependent’s permanency plan, to prepare the child or nonminor dependent to return home or to be placed with a fit and willing relative, a legal guardian, an adoptive parent, in a resource family home, a tribally approved home, or in another appropriate family-based setting, or, in the case of a nonminor dependent, in a supervised independent living setting. (5) (A) For a child or nonminor dependent in high school who has been under the jurisdiction of the juvenile court for a year or longer, the information in subparagraph (B) of paragraph (1) of subdivision (h) of Section 366.1. (B) (i) Whether the social worker or probation officer has informed the minor or nonminor dependent of the information in paragraph (2) of subdivision (h) of Section 366.1. (ii) This paragraph does not affect any applicable confidentiality law. (6) Whether the social worker or probation officer has, pursuant to the requirements of paragraph (22) of subdivision (g) of Section 16501.1, identified the person or persons who shall be responsible for assisting the child or nonminor dependent with applications for postsecondary education and related financial aid, or that the child or nonminor dependent stated that they do not want to pursue postsecondary education, including career or technical education. (c) The reviews conducted pursuant to this section for a nonminor dependent shall be conducted in a manner that respects the nonminor’s status as a legal adult, focused on the goals and services described in the youth’s transitional independent living case plan, as described in subdivision (y) of Section 11400, including whether the nonminor dependent requests the transfer of jurisdiction to a new county, efforts made to maintain connections with caring and permanently committed adults, and attended, as appropriate, by additional participants invited by the nonminor dependent. (d) For a nonminor dependent whose case plan is continued court-ordered family reunification services pursuant to Section 361.6, the court shall consider whether the nonminor dependent may safely reside in the home of the parent or guardian. If the nonminor cannot reside safely in the home of the parent or guardian or if it is not in the nonminor dependent’s best interest to reside in the home of the parent or guardian, the court must consider whether to continue or terminate reunification services for the parent or legal guardian and whether the nonminor dependent requests the transfer of jurisdiction to a new county. (1) The review report shall include a discussion of all of the following: (A) Whether foster care placement continues to be necessary and appropriate. (B) The likely date by which the nonminor dependent may reside safely in the home of the parent or guardian or will achieve independence. (C) Whether the parent or guardian and nonminor dependent were actively involved in the development of the case plan. (D) Whether the social worker or probation officer has provided reasonable services designed to aid the parent or guardian to overcome the problems that led to the initial removal of the nonminor dependent. (E) The extent of progress the parents or guardian have made toward alleviating or mitigating the causes necessitating placement in foster care. (F) Whether the nonminor dependent and parent, parents, or guardian are in agreement with the continuation of reunification services. (G) Whether continued reunification services are in the best interest of the nonminor dependent. (H) Whether there is a substantial probability that the nonminor dependent will be able to safely reside in the home of the parent or guardian by the next review hearing date. (I) The efforts to maintain the nonminor’s connections with caring and permanently committed adults. (J) The agency’s compliance with the nonminor dependent’s transitional independent living case plan, including efforts to finalize the nonminor’s permanent plan and prepare the nonminor dependent for independence. (K) The progress in providing the information and documents to the nonminor dependent as described in Section 391. (L) (i) For a nonminor dependent in high school who has been under the jurisdiction of the juvenile court for a year or longer, the information in subparagraph (B) of paragraph (1) of subdivision (h) of Section 366.1. (ii) Whether the social worker or probation officer has informed the nonminor dependent of the information in paragraph (2) of subdivision (h) of Section 366.1. (iii) This subparagraph does not affect any applicable confidentiality law. (M) Whether the social worker or probation officer has, pursuant to the requirements of paragraph (22) of subdivision (g) of Section 16501.1, identified the person or persons who shall be responsible for assisting the child or nonminor dependent with applications for postsecondary education and related financial aid, or that the child or nonminor dependent stated that they do not want to pursue postsecondary education including career or technical education. (2) The court shall inquire about the progress being made to provide a permanent home for the nonminor, shall consider the safety of the nonminor dependent, and shall determine all of the following: (A) The continuing necessity for, and appropriateness of, the placement. If the child or nonminor dependent is placed in a short-term residential therapeutic program on or after October 1, 2021, or is placed in a community treatment facility on or after July 1, 2022, the court shall consider the evidence and documentation submitted pursuant to paragraph (4) of subdivision (b) in making this determination. (B) Whether the agency has made reasonable efforts to maintain relationships between the nonminor dependent and individuals who are important to the nonminor dependent. (C) The extent of the agency’s compliance with the case plan in making reasonable efforts or, in the case of an Indian child, active efforts, as described in Section 361.7, to create a safe home of the parent or guardian for the nonminor to reside in or to complete whatever steps are necessary to finalize the permanent placement of the nonminor dependent. (D) The extent of the agency’s compliance with the nonminor dependent’s transitional independent living case plan, including efforts to finalize the youth’s permanent plan and prepare the nonminor dependent for independence. (E) The adequacy of services provided to the parent or guardian and to the nonminor dependent. The court shall consider the progress in providing the information and documents to the nonminor dependent as described in Section 391. The court shall also consider the need for, and progress in providing, the assistance and services described in Section 391. (F) The extent of progress the parents or legal guardians have made toward alleviating or mitigating the causes necessitating placement in foster care. (G) The likely date by which the nonminor dependent may safely reside in the home of the parent or guardian or, if the court is terminating reunification services, the likely date by which it is anticipated the nonminor dependent will achieve independence, or, for an Indian child, in consultation with the child’s tribe, placed for tribal customary adoption. (H) Whether the agency has made reasonable efforts as required in subparagraph (D) of paragraph (1) of subdivision (a) of Section 366 to establish or maintain the nonminor dependent’s relationship with their siblings who are under the juvenile court’s jurisdiction. (I) The services needed to assist the nonminor dependent to make the transition from foster care to successful adulthood. (J) Whether or not reasonable efforts to make and finalize a permanent placement for the nonminor dependent have been made. (K) (i) If the nonminor dependent is in high school and has been under the jurisdiction of the juvenile court for a year or longer, whether the social worker or probation officer has taken the actions described in subparagraph (F) of paragraph (1) of subdivision (a) of Section 366. (ii) On or before January 1, 2023, the Judicial Council shall amend and adopt rules of court and develop appropriate forms for the implementation of this subparagraph. (L) (i) Whether the social worker or probation officer has, pursuant to the requirements of paragraph (22) of subdivision (g) of Section 16501.1, identified the person or persons who shall be responsible for assisting the child or nonminor dependent with applications for postsecondary education and related financial aid, or that the child or nonminor dependent stated that they do not want to pursue postsecondary education, including career or technical education. (ii) On or before January 1, 2023, the Judicial Council shall amend and adopt rules of court and develop appropriate forms for the implementation of this subparagraph. (3) If the court determines that a nonminor dependent may safely reside in the home of the parent or former guardian, the court may order the nonminor dependent to return to the family home. After the nonminor dependent returns to the family home, the court may terminate jurisdiction and proceed under applicable provisions of Section 391 or continue jurisdiction as a nonminor under subdivision (a) of Section 303 and hold hearings as follows: (A) At every hearing for a nonminor dependent residing in the home of the parent or guardian, the court shall set a hearing within six months of the previous hearing. The court shall advise the parties of their right to be present. At least 10 calendar days before the hearing, the social worker or probation officer shall file a report with the court describing the services offered to the family and the progress made by the family in eliminating the conditions or factors requiring court supervision. The report shall address all of the following: (i) Whether the parent or guardian and the nonminor dependent were actively involved in the development of the case plan. (ii) Whether the social worker or probation officer has provided reasonable services to eliminate the need for court supervision. (iii) The progress of providing information and documents to the nonminor dependent as described in Section 391. (B) The court shall inquire about progress being made, shall consider the safety of the nonminor dependent, and shall determine all of the following: (i) The continuing need for court supervision. (ii) The extent of the agency’s compliance with the case plan in making reasonable efforts to maintain a safe family home for the nonminor dependent. (C) If the court finds that court supervision is no longer necessary, the court shall terminate jurisdiction under applicable provisions of Section 391. (e) For a nonminor dependent who is no longer receiving court-ordered family reunification services and is in a permanent plan of another planned permanent living arrangement, at the review hearing held every six months pursuant to subdivision (d) of Section 366.3, the reviewing body shall inquire about the progress being made to provide permanent connections with caring, committed adults for the nonminor dependent, shall consider the safety of the nonminor, shall consider the transitional independent living case plan, and whether the nonminor dependent requests the transfer of jurisdiction to a new county, and shall determine all of the following: (1) The continuing necessity for, and appropriateness of, the placement. (2) The continuing appropriateness and extent of compliance with the permanent plan for the nonminor dependent, including efforts to identify and maintain relationships with individuals who are important to the nonminor dependent. (3) The extent of the agency’s compliance with the nonminor dependent’s transitional independent living case plan, including whether or not reasonable efforts have been made to make and finalize the youth’s permanent plan and prepare the nonminor dependent for independence. (4) Whether a prospective adoptive parent has been identified and assessed as appropriate for the nonminor dependent’s adoption under this section, whether the prospective adoptive parent has been informed about the terms of the written negotiated adoption assistance agreement pursuant to Section 16120, and whether adoption should be ordered as the nonminor dependent’s permanent plan. If nonminor dependent adoption is ordered as the nonminor dependent’s permanent plan, a hearing pursuant to subdivision (f) shall be held within 60 days. When the court orders a hearing pursuant to subdivision (f), it shall direct the agency to prepare a report that shall include the provisions of paragraph (5) of subdivision (f). (5) For the nonminor dependent who is an Indian child, whether, in consultation with the nonminor’s tribe, the nonminor should be placed for tribal customary adoption. (6) The adequacy of services provided to the nonminor dependent. The court shall consider the progress in providing the information and documents to the nonminor dependent as described in Section 391. The court shall also consider the need for, and progress in providing, the assistance and services described in Section 391. (7) The likely date by which it is anticipated the nonminor dependent will achieve adoption or independence. (8) Whether the agency has made reasonable efforts as required in subparagraph (D) of paragraph (1) of subdivision (a) of Section 366 to establish or maintain the nonminor dependent’s relationship with their siblings who are under the juvenile court’s jurisdiction. (9) The services needed to assist the nonminor dependent to make the transition from foster care to successful adulthood. (10) When the hearing described in this subdivision is held pursuant to paragraph (3) or (4) of subdivision (d) of Section 366.3, and the nonminor dependent has a permanent plan of another planned permanent living arrangement, the court shall do all of the following: (A) Ask the nonminor dependent about their desired permanency outcome. (B) Make a judicial determination explaining why, as of the hearing date, another planned permanent living arrangement is the best permanency plan for the nonminor dependent. (C) State for the record the compelling reason or reasons why it continues not to be in the best interest of the nonminor dependent to return home, be placed for adoption, be placed for tribal customary adoption in the case of an Indian child, be placed with a legal guardian, or be placed with a fit and willing relative. (11) (A) If the nonminor dependent is in high school and has been under the jurisdiction of the juvenile court for a year or longer, whether the social worker or probation officer has taken the actions described in subparagraph (F) of paragraph (1) of subdivision (a) of Section 366. (B) On or before January 1, 2023, the Judicial Council shall amend and adopt rules of court and develop appropriate forms for the implementation of this paragraph. (12) (A) Whether the social worker or probation officer has, pursuant to the requirements of paragraph (22) of subdivision (g) of Section 16501.1, identified the person or persons who shall be responsible for assisting the child or nonminor dependent with applications for postsecondary education and related financial aid, or that the child or nonminor dependent stated that they do not want to pursue postsecondary education, including career or technical education. (B) On or before January 1, 2023, the Judicial Council shall amend and adopt rules of court and develop appropriate forms for the implementation of this subparagraph. (f) (1) At a hearing to consider a permanent plan of adoption for a nonminor dependent, the court shall read and consider the report in paragraph (5) and receive other evidence that the parties may present. A copy of the executed negotiated agreement shall be attached to the report. If the court finds pursuant to this section that nonminor dependent adoption is the appropriate permanent plan, it shall make findings and orders to do the following: (A) Approve the adoption agreement and declare the nonminor dependent is the adopted child of the adoptive parent, and that the nonminor dependent and adoptive parents agree to assume toward each other the legal relationship of parents and child and to have all of the rights and be subject to all of the duties and responsibilities of that relationship. (B) Declare that the birth parents of the nonminor dependent are, from the time of the adoption, relieved of all parental duties toward, and responsibility for, the adopted nonminor dependent and have no rights over the adopted nonminor dependent. (2) If the court finds that the nonminor dependent and the prospective adoptive parent have mutually consented to the adoption, the court may enter the adoption order after it determines all of the following: (A) Whether the notice was given as required by law. (B) Whether the nonminor dependent and prospective adoptive parent are present for the hearing. (C) Whether the court has read and considered the assessment prepared by the social worker or probation officer. (D) Whether the court considered the wishes of the nonminor dependent. (E) If the nonminor dependent is eligible, the prospective adoptive parent has signed the negotiated adoption assistance agreement pursuant to subdivision (g) of Section 16120, and whether a copy of the executed negotiated agreement is attached to the report. (F) Whether the adoption is in the best interest of the nonminor dependent. (3) If the court orders the establishment of the nonminor dependent adoption, it shall dismiss dependency or transitional jurisdiction. (4) If the court does not order the establishment of the nonminor dependent adoption, the nonminor dependent shall remain in a planned permanent living arrangement subject to periodic review of the juvenile court pursuant to this section. (5) At least 10 calendar days before the hearing, the social worker or probation officer shall file a report with the court and provide a copy of the report to all parties. The report shall describe the following: (A) Whether or not the nonminor dependent has any developmental disability and whether the proposed adoptive parent is suitable to meet the needs of the nonminor dependent. (B) The length and nature of the relationship between the prospective adoptive parent and the nonminor dependent, including whether the prospective adoptive parent has been determined to have been established as the nonminor’s permanent connection. (C) Whether the nonminor dependent has been determined to be eligible for the adoption assistance program and, if so, whether the prospective adoptive parent has signed the negotiated adoption assistance agreement pursuant to subdivision (g) of Section 16120. (D) Whether a copy of the executed negotiated agreement is attached to the report. (E) Whether criminal background clearances were completed for the prospective adoptive parent as required by Section 671(a)(20)(A) and (a)(20)(C) of Title 42 of the United States Code. (F) Whether the prospective adoptive parent who is married and not legally separated from that spouse has the consent of the spouse, provided that the spouse is capable of giving that consent. (G) Whether the adoption of the nonminor dependent is in the best interests of the nonminor dependent and the prospective adoptive parent. (H) Whether the nonminor dependent and the prospective adoptive parent have mutually consented to the adoption. (6) The social worker or probation officer shall serve written notice of the hearing in the manner and to the persons set forth in Section 295, including the prospective adoptive parent or parents, except that notice to the nonminor’s birth parents is not required. (7) Nothing in this section shall prevent a nonminor dependent from filing an adoption petition pursuant to Section 9300 of the Family Code. (g) Each licensed foster family agency shall submit reports for each nonminor dependent in its care to the court concerning the continuing appropriateness and extent of compliance with the nonminor dependent’s permanent plan, the extent of compliance with the transitional independent living case plan, and the type and adequacy of services provided to the nonminor dependent. The report shall document that the nonminor has received all the information and documentation described in paragraph (2) of subdivision (e) of Section 391. If the court is considering terminating dependency jurisdiction for a nonminor dependent it shall first hold a hearing pursuant to Section 391. (h) When the nonminor dependent is in another planned permanent living arrangement, the social study prepared for the hearing held under subdivision (e) shall include a description of all of the following: (1) The intensive and ongoing efforts to return the nonminor dependent to the home of the parent, place the nonminor dependent for adoption, or place the nonminor dependent with a fit and willing relative, as appropriate. (2) The steps taken to do both of the following: (A) Ensure that the nonminor dependent’s care provider is following the reasonable and prudent parent standard. (B) Determine whether the nonminor dependent has regular, ongoing opportunities to engage in age- or developmentally appropriate activities, including consulting with the nonminor dependent about opportunities for the nonminor dependent to participate in those activities. (Amended by Stats. 2025, Ch. 281, Sec. 2. (AB 890) Effective January 1, 2026.)
366.32.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 10. Dependent Children—Judgments and Orders [360 - 371] ( Article 10 added by Stats. 1976, Ch. 1068. )
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This section lets the court keep or end dependency jurisdiction for a nonminor dependent, and requires a planned permanent living arrangement if jurisdiction continues.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 10. Dependent Children—Judgments and Orders [360 - 371] ( Article 10 added by Stats. 1976, Ch. 1068. ) ## 366.32. (a) With respect to a nonminor dependent, as defined in subdivision (v) of Section 11400, who has a permanent plan of long-term foster care that was ordered pursuant to Section 366.21, 366.22, 366.25, or 366.26, the court may continue jurisdiction of the nonminor as a nonminor dependent of the juvenile court or may dismiss dependency jurisdiction pursuant to Section 391. (b) If the court continues dependency jurisdiction of the nonminor as a nonminor dependent of the juvenile court, the court shall order the development of a planned permanent living arrangement under a mutual agreement, as described in subdivision (u) of Section 11400, which may include continued placement with the current caregiver or another licensed or approved caregiver or in a supervised independent living placement, as defined in subdivision (w) of Section 11400, consistent with the youth’s Transitional Independent Living Case Plan. At the request of the nonminor dependent who has an established relationship with an adult determined to be the nonminor dependent’s permanent connection, the court may order nonminor dependent adoption pursuant to subdivision (f) of Section 366.31 as the nonminor dependent’s permanent plan. (c) If the court terminates its dependency jurisdiction over a nonminor dependent pursuant to subdivision (a), it shall retain general jurisdiction over the youth pursuant to Section 303. If the court has dismissed dependency jurisdiction pursuant to subdivision (d) of Section 391, the nonminor, who has not attained 21 years of age, may subsequently file a petition pursuant to subdivision (e) of Section 388 to have dependency jurisdiction resumed and the court may vacate its previous order dismissing dependency jurisdiction over the nonminor dependent. (Added by Stats. 2012, Ch. 846, Sec. 27. (AB 1712) Effective January 1, 2013.)
366.35.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 10. Dependent Children—Judgments and Orders [360 - 371] ( Article 10 added by Stats. 1976, Ch. 1068. )
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This section phases in implementation of specified juvenile court amendments in stages, based on the child’s best interests, and says the related appropriations apply only to the state’s share of costs.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 10. Dependent Children—Judgments and Orders [360 - 371] ( Article 10 added by Stats. 1976, Ch. 1068. ) ## 366.35. (a) The implementation and operation of the amendments to subparagraph (B) of paragraph (1) of subdivision (a) of Section 366, subdivision (g) of Section 366.1, subdivisions (c) and (g) of Section 366.21, subdivision (a) of Section 366.22, subdivision (a) of Section 366.25, paragraph (3) of, and subparagraph (A) of paragraph (4) of, subdivision (c) of Section 366.26, paragraphs (2) and (3) of subdivision (e) of Section 366.3, and subdivision (i) of Section 16501.1 enacted at the 2005–06 Regular Session shall be phased in, consistent with the child’s best interests, as follows: (1) The first phase of expansion shall apply to a child who is 10 years of age or older and placed with a nonrelative for six months or longer. (2) The second phase of expansion shall apply to a child who is 10 years of age or older and placed with a nonrelative or in permanent placement relative care for six months or longer. (3) The final phase of expansion shall apply to a child who is 10 years of age or older and who has been in out-of-home placement for six months or longer. (b) All phases of subdivision (a) shall be subject to appropriation through the budget process. Those appropriations shall apply only to the state’s share of costs. Counties shall remain responsible for their nonfederal share of costs. (Amended by Stats. 2008, Ch. 482, Sec. 8. Effective January 1, 2009.)
366.4.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 10. Dependent Children—Judgments and Orders [360 - 371] ( Article 10 added by Stats. 1976, Ch. 1068. )
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This section says certain minors and specified nonminor former dependents are under juvenile court jurisdiction, and it exempts nonrelated legal guardians from some Probate Code provisions.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 10. Dependent Children—Judgments and Orders [360 - 371] ( Article 10 added by Stats. 1976, Ch. 1068. ) ## 366.4. (a) Any minor for whom a guardianship has been established resulting from the selection or implementation of a permanency plan pursuant to Section 366.26, or for whom a related guardianship has been established pursuant to Section 360, or, on and after the date that the director executes a declaration pursuant to Section 11217, a nonminor who is receiving Kin-GAP payments pursuant to Section 11363 or 11386, or, on or after January 1, 2012, a nonminor former dependent child of the juvenile court who is receiving AFDC-FC benefits pursuant to Section 11405, is within the jurisdiction of the juvenile court. For those minors, Part 2 (commencing with Section 1500) of Division 4 of the Probate Code, relating to guardianship, shall not apply. If no specific provision of this code or the California Rules of Court is applicable, the provisions applicable to the administration of estates under Part 4 (commencing with Section 2100) of Division 4 of the Probate Code govern so far as they are applicable to like situations. (b) Nonrelated legal guardians of the person of a guardianship pursuant to Section 360 or 366.26 shall be exempt from the provisions of Sections 2850 and 2851 of the Probate Code. (Amended by Stats. 2011, Ch. 459, Sec. 9. (AB 212) Effective October 4, 2011.)
366.5.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 10. Dependent Children—Judgments and Orders [360 - 371] ( Article 10 added by Stats. 1976, Ch. 1068. )
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The juvenile court must suspend dependency jurisdiction for a child declared to be a dual status child, and must end the child’s dual status when Section 601 or 602 jurisdiction ends without needing continued dependency proceedings.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 10. Dependent Children—Judgments and Orders [360 - 371] ( Article 10 added by Stats. 1976, Ch. 1068. ) ## 366.5. The dependency jurisdiction shall be suspended for a child whom the juvenile court declares to be a dual status child based on the joint assessment and recommendation of the county probation department and the child welfare services department pursuant to subparagraph (A) of paragraph (5) of subdivision (e) of Section 241.1. The suspension shall be in effect while the child is a ward of the court. If the jurisdiction established pursuant to Section 601 or 602 is terminated without the need for continued dependency proceedings concerning the child, the juvenile court shall terminate the child’s dual status. If the termination of the Section 601 or 602 jurisdiction is likely and reunification of the child with his or her parent or guardian would be detrimental to the child, the county probation department and child welfare services department shall jointly assess and produce a recommendation regarding whether the court’s dependency jurisdiction shall be resumed. (Added by Stats. 2004, Ch. 468, Sec. 3. Effective January 1, 2005.)
367.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 10. Dependent Children—Judgments and Orders [360 - 371] ( Article 10 added by Stats. 1976, Ch. 1068. )
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The court may order a dependent child detained in a suitable place, and if the child is held more than 15 days, the court must review the case at least every 15 days and ask about the social worker’s actions, the reason for delay, and the delay’s effect on the child.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 10. Dependent Children—Judgments and Orders [360 - 371] ( Article 10 added by Stats. 1976, Ch. 1068. ) ## 367. (a) Whenever a person has been adjudged a dependent child of the juvenile court and has been committed or otherwise disposed of as provided in this chapter for the care of dependent children of the juvenile court, the court may order that the dependent child be detained in a suitable place designated as the court deems fit until the execution of the order of commitment or of other disposition. (b) In any case in which a child is detained for more than 15 days pending the execution of the order of commitment or of any other disposition, the court shall periodically review the case to determine whether the delay is reasonable. These periodic reviews shall be held at least every 15 days, commencing from the time the child was initially detained pending the execution of the order of commitment or of any other disposition, and during the course of each review the court shall inquire regarding the action taken by the social worker to carry out its order, the reasons for the delay, and the effect of the delay upon the child. (Amended by Stats. 2001, Ch. 854, Sec. 71. Effective January 1, 2002.)
368.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 10. Dependent Children—Judgments and Orders [360 - 371] ( Article 10 added by Stats. 1976, Ch. 1068. )
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The juvenile court may order a dependent child sent to family, a guardian, or an authorized foreign juvenile authority, and may also order transportation, accommodation, and an attendant if needed.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 10. Dependent Children—Judgments and Orders [360 - 371] ( Article 10 added by Stats. 1976, Ch. 1068. ) ## 368. In a case where the residence of a dependent child of the juvenile court is out of the state and in another state or foreign country, or in a case where that child is a resident of this state but his or her parents, relatives, guardian, or person charged with his or her custody is in another state, the court may order that child sent to his or her parents, relatives, or guardian, or to the person charged with his or her custody, or, if the child is a resident of a foreign country, to an official of a juvenile court of that foreign country or an agency of a country authorized to accept the child, and in that case may order transportation and accommodation furnished, with or without an attendant, as the court deems necessary. If the court deems an attendant necessary, the court may order the social worker or other suitable person to serve as the attendant. The social worker shall authorize the necessary expenses of the child and of the attendant and claims therefor shall be audited, allowed and paid in the same manner as other county claims. (Amended by Stats. 1998, Ch. 1054, Sec. 39. Effective January 1, 1999.)
369.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 10. Dependent Children—Judgments and Orders [360 - 371] ( Article 10 added by Stats. 1976, Ch. 1068. )
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This section lets a social worker, court, or parent authorize needed medical or dental care for a dependent child or other covered person, with notice and emergency rules.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 10. Dependent Children—Judgments and Orders [360 - 371] ( Article 10 added by Stats. 1976, Ch. 1068. ) ## 369. (a) (1) If a person is taken into temporary custody under Article 7 (commencing with Section 305) and is in need of medical, surgical, dental, or other remedial care, the social worker may, upon the recommendation of the attending physician and surgeon or, if the person needs dental care and there is an attending dentist, the attending dentist, authorize the performance of the medical, surgical, dental, or other remedial care. (2) The social worker shall notify the parent, guardian, or person standing in loco parentis of the person, if any, of the care found to be needed before that care is provided, and if the parent, guardian, or person standing in loco parentis objects, that care shall be given only upon order of the court in the exercise of its discretion. (b) If it appears to the juvenile court that a person concerning whom a petition has been filed with the court is in need of medical, surgical, dental, or other remedial care, and that there is no parent, guardian, or person standing in loco parentis capable of authorizing or willing to authorize the remedial care or treatment for that person, the court, upon the written recommendation of a licensed physician and surgeon or, if the person needs dental care, a licensed dentist, and after due notice to the parent, guardian, or person standing in loco parentis, if any, may make an order authorizing the performance of the necessary medical, surgical, dental, or other remedial care for that person. (c) If a dependent child of the juvenile court is placed by order of the court within the care and custody or under the supervision of a social worker of the county where the dependent child resides and it appears to the court that there is no parent, guardian, or person standing in loco parentis capable of authorizing or willing to authorize medical, surgical, dental, or other remedial care or treatment for the dependent child, the court may, after due notice to the parent, guardian, or person standing in loco parentis, if any, order that the social worker may authorize the medical, surgical, dental, or other remedial care for the dependent child, by licensed practitioners, as necessary. (d) (1) If it appears that a child otherwise within subdivision (a), (b), or (c) requires immediate emergency medical, surgical, or other remedial care in an emergency situation, that care may be provided by a licensed physician and surgeon or, if the child needs dental care in an emergency situation, by a licensed dentist, without a court order and upon authorization of a social worker. (2) The social worker shall make reasonable efforts to obtain the consent of, or to notify, the parent, guardian, or person standing in loco parentis prior to authorizing emergency medical, surgical, dental, or other remedial care. (3) For purposes of this subdivision, “emergency situation” means a child requires immediate treatment for the alleviation of severe pain or an immediate diagnosis and treatment of an unforeseeable medical, surgical, dental, or other remedial condition or contagious disease that, if not immediately diagnosed and treated, would lead to serious disability or death. (e) If the court orders the performance of a medical, surgical, dental, or other remedial care pursuant to this section, the court may also make an order authorizing the release of information concerning that care to a social worker, parole officer, or other qualified individual or agency caring for or acting in the interest and welfare of the child under order, commitment, or approval of the court. (f) (1) Notwithstanding any other provision within this section, a dependent child of the juvenile court who is 16 years of age or older may consent to receive medications for opioid use disorder from a licensed narcotic treatment program as replacement narcotic therapy without the consent of their parent, guardian, person standing in loco parentis, or social worker, and without a court order, only if, and to the extent, expressly permitted by federal law. (2) Notwithstanding any other law, a dependent child of the juvenile court who is 16 years of age or older may consent to opioid use disorder treatment that uses buprenorphine at a physician’s office, clinic, or health facility, by a licensed physician and surgeon or other health care provider acting within the scope of their practice, whether or not they have the consent of their parent, guardian, person standing in loco parentis, or social worker and without a court order. (g) This section does not limit the right of a parent, guardian, or person standing in loco parentis, who has not been deprived of the custody or control of the child by order of the court, in providing a medical, surgical, dental, or other remedial treatment recognized or permitted under the laws of this state. (h) (1) The parent of a person described in this section may authorize the performance of medical, surgical, dental, or other remedial care provided for in this section notwithstanding their age or marital status. (2) In a nonemergency situation, the parent authorizing the care shall notify the other parent prior to the administration of that care. (i) (1) This section does not limit the rights of a dependent child, pursuant to Chapter 3 (commencing with Section 6920) of Part 4 of Division 11 of the Family Code, to consent to, among other things, the diagnosis and treatment of sexual assault, medical care relating to the prevention or treatment of pregnancy, including contraception, abortion, and prenatal care, treatment of infectious, contagious, or communicable diseases, mental health treatment, and treatment for alcohol and drug abuse. (2) If a dependent child is 10 years of age or older, their social worker is authorized to inform the child of their right as a minor to consent to and receive those health services, as necessary, and their confidentiality rights regarding those services. (3) A social worker for a dependent child may do either or both of the following: (A) Provide access to age-appropriate, medically accurate information about sexual development, reproductive health, and prevention of unplanned pregnancies and sexually transmitted infections and how to access reproductive and sexual health care services. (B) Facilitate access to the care described in subparagraph (A), including assisting with any barriers to care. (Amended by Stats. 2024, Ch. 936, Sec. 1. (AB 866) Effective January 1, 2025.)
369.5.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 10. Dependent Children—Judgments and Orders [360 - 371] ( Article 10 added by Stats. 1976, Ch. 1068. )
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This section limits who can authorize psychotropic medication for certain dependent children and sets court, agency, and form-update duties.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 10. Dependent Children—Judgments and Orders [360 - 371] ( Article 10 added by Stats. 1976, Ch. 1068. ) ## 369.5. (a) (1) If a child is adjudged a dependent child of the court under Section 300 and the child has been removed from the physical custody of the parent under Section 361, only a juvenile court judicial officer shall have authority to make orders regarding the administration of psychotropic medications for that child. The juvenile court may issue a specific order delegating this authority to a parent upon making findings on the record that the parent poses no danger to the child and has the capacity to authorize psychotropic medications. Court authorization for the administration of psychotropic medication shall be based on a request from a physician, indicating the reasons for the request, a description of the child’s diagnosis and behavior, the expected results of the medication, and a description of any side effects of the medication. (2) (A) The Judicial Council shall amend and adopt rules of court and develop appropriate forms for the implementation of this section, in consultation with the State Department of Social Services, the State Department of Health Care Services, and stakeholders, including, but not limited to, the County Welfare Directors Association of California, the County Behavioral Health Directors Association of California, the Chief Probation Officers of California, associations representing current and former foster children, caregivers, and children’s attorneys. This effort shall be undertaken in coordination with the updates required under paragraph (2) of subdivision (a) of Section 739.5. (B) The rules of court and forms developed pursuant to subparagraph (A) shall address all of the following: (i) The child and their caregiver and court-appointed special advocate, if any, have an opportunity to provide input on the medications being prescribed. (ii) Information regarding the child’s overall mental health assessment and treatment plan is provided to the court. (iii) Information regarding the rationale for the proposed medication, provided in the context of past and current treatment efforts, is provided to the court. This information shall include, but not be limited to, information on other pharmacological and nonpharmacological treatments that have been utilized and the child’s response to those treatments, a discussion of symptoms not alleviated or ameliorated by other current or past treatment efforts, and an explanation of how the psychotropic medication being prescribed is expected to improve the child’s symptoms. (iv) Guidance is provided to the court on how to evaluate the request for authorization, including how to proceed if information, otherwise required to be included in a request for authorization under this section, is not included in a request for authorization submitted to the court. (C) The rules of court and forms developed pursuant to subparagraph (A) shall include a process for periodic oversight by the court of orders regarding the administration of psychotropic medications that includes the caregiver’s and child’s observations regarding the effectiveness of the medication and side effects, information on medication management appointments and other followup appointments with medical practitioners, and information on the delivery of other mental health treatments that are a part of the child’s overall treatment plan. The periodic oversight shall be facilitated by the county social worker, public health nurse, or other appropriate county staff. This oversight process shall be conducted in conjunction with other regularly scheduled court hearings and reports provided to the court by the county child welfare agency. (D) (i) By September 1, 2020, the forms developed pursuant to subparagraph (A) shall include a request for authorization by the child or the child’s attorney to release the child’s medical information to the Medical Board of California in order to ascertain whether there is excessive prescribing of psychotropic medication that is inconsistent with the standard of care described in Section 2245 of the Business and Professions Code. The authorization shall be limited to medical information relevant to the investigation of the prescription of psychotropic medication, and the information may only be used for the purpose set forth in this subparagraph and Section 2245 of the Business and Professions Code. (ii) The Medical Board of California or its representative shall request the medical information obtained pursuant to this section to be sealed if the medical information is admitted as an exhibit in an administrative hearing pursuant to Chapter 5 (commencing with Section 11500) of Part 1 of Division 3 of Title 2 of the Government Code. (iii) In updating the forms, as required by this subparagraph and subparagraph (D) of paragraph (2) of subdivision (a) of Section 739.5, the Judicial Council shall consult with the State Department of Social Services, the Medical Board of California, the County Welfare Directors Association of California, the Chief Probation Officers of California, and groups representing foster children, dependency counsel, and children’s advocates to help ensure that the child and the child’s attorney are provided with sufficient information to understand the request for authorization to obtain the child’s medical information and the reasons for the request. The Judicial Council may include in the form a requirement that the person completing the form affirm that the child or child’s attorney has been asked about the authorization. (iv) (I) By January 1, 2020, the State Department of Social Services shall convene a working group consisting of the Judicial Council, the Medical Board of California, the County Welfare Directors Association of California, the Chief Probation Officers of California, and groups representing foster children, dependency counsel, and children’s advocates to consider various options for seeking authorization from a dependent child, a ward, or their attorney, for release of the dependent child’s or ward’s medical information regarding psychotropic medication prescribed between January 1, 2017, and July 1, 2020, and shall report to the Legislature by April 15, 2020, on those options and on any recommendations to best reach those children and their attorneys to seek authorization. (II) (ia) The requirement for submitting a report imposed under subclause (I) is inoperative on January 1, 2024, pursuant to Section 10231.5 of the Government Code. (ib) A report to be submitted pursuant to subclause (I) shall be submitted in compliance with Section 9795 of the Government Code. (b) (1) In counties in which the county child welfare agency completes the request for authorization for the administration of psychotropic medication, the agency is encouraged to complete the request within three business days of receipt from the physician of the information necessary to fully complete the request. (2) This subdivision does not change current local practice or local court rules with respect to the preparation and submission of requests for authorization for the administration of psychotropic medication. (c) (1) Within seven court days from receipt by the court of a completed request, the juvenile court judicial officer shall either approve or deny in writing a request for authorization for the administration of psychotropic medication to the child, or shall, upon a request by the parent, the legal guardian, or the child’s attorney, or upon its own motion, set the matter for hearing. (2) (A) Notwithstanding Section 827 or any other law, upon the approval or denial by the juvenile court judicial officer of a request for authorization for the administration of psychotropic medication, the county child welfare agency or other person or entity who submitted the request shall provide a copy of the court order approving or denying the request to the child’s caregiver. (B) If the court approves the request, the copy of the order shall include the last two pages of form JV-220(A) or the last two pages of JV-220(B) and all medication information sheets that were attached to form JV-220(A) or form JV-220(B), which are all referenced in Rule 5.640 of the California Rules of Court. (C) If the child changes placement, the social worker or probation officer shall provide the new caregiver with a copy of the order, including the last two pages of form JV-220(A) or the last two pages of JV-220(B), and the medication information sheets that were attached to form JV-220(A) or form JV-220(B), which are all referenced in Rule 5.640 of the California Rules of Court. (d) Psychotropic medication or psychotropic drugs are those medications administered for the purpose of affecting the central nervous system to treat psychiatric disorders or illnesses. These medications include, but are not limited to, anxiolytic agents, antidepressants, mood stabilizers, antipsychotic medications, anti-Parkinson agents, hypnotics, medications for dementia, and psychostimulants. (e) This section does not supersede local court rules regarding a minor’s right to participate in mental health decisions. (f) This section does not apply to nonminor dependents, as defined in subdivision (v) of Section 11400. (Amended by Stats. 2022, Ch. 812, Sec. 1. (SB 528) Effective January 1, 2023.)
369.6.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 10. Dependent Children—Judgments and Orders [360 - 371] ( Article 10 added by Stats. 1976, Ch. 1068. )
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The State Department of Social Services must arrange child psychiatry record reviews for county-requested second opinions on psychotropic medications, and the State Department of Health Care Services must seek needed federal approvals.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 10. Dependent Children—Judgments and Orders [360 - 371] ( Article 10 added by Stats. 1976, Ch. 1068. ) ## 369.6. (a) (1) The State Department of Social Services, in consultation with the State Department of Health Care Services, shall contract for child psychiatry services to complete a record review for all authorization requests for psychotropic medications for which a second opinion review is requested by a county. To the extent feasible, the second opinion review shall occur within three business days of the county request and shall include discussion of the psychosocial interventions that have been or will be offered to the child and caretaker, if appropriate, to address the behavioral health needs of the child. (2) (A) Recommended indicators for identifying those requests for authorizations of psychotropic medications for which a county may request a second opinion record review may include, but are not limited to, prescriptions for concurrent psychotropic medications, dosages that exceed recommended guidelines for use in children, off-label prescribing, and requests for psychotropic medication usage without any other concurrent psychosocial services. (B) The State Department of Social Services shall, by July 1, 2018, issue guidance regarding the second opinion review process and may periodically revise that guidance following consultation with counties, other state departments, advocates for children and youth, and other stakeholders. (3) The child psychiatry services contracted for by the State Department of Social Services shall be available to provide second opinion reviews to those counties that do not have a second opinion review program. This section does not prohibit a county from operating its own second opinion review program and does not supersede any county-operated second opinion review program. (4) This section does not prevent the administration of medication in an emergency, as otherwise authorized or required by law or regulation. (b) The State Department of Health Care Services shall seek any necessary federal approvals to obtain federal financial participation for the second opinion review service pursuant to this section, including any approvals necessary to obtain enhanced federal financial participation as applicable. Notwithstanding any other law, this section shall be implemented only if, and to the extent that, any necessary federal approvals are obtained by the department and federal financial participation is available and is not otherwise jeopardized. (Added by Stats. 2017, Ch. 24, Sec. 11. (SB 89) Effective June 27, 2017.)
370.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 10. Dependent Children—Judgments and Orders [360 - 371] ( Article 10 added by Stats. 1976, Ch. 1068. )
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The juvenile court may order a social worker to get needed psychiatric, psychological, or other clinical expert services in a case with a petition filed under the referenced article, and the county must pay for those services.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 10. Dependent Children—Judgments and Orders [360 - 371] ( Article 10 added by Stats. 1976, Ch. 1068. ) ## 370. The juvenile court may, in any case before it in which a petition has been filed as provided in Article 7 (commencing with Section 305), order that the social worker obtain the services of those psychiatrists, psychologists, or other clinical experts as may be required to assist in determining the appropriate treatment of the child and as may be required in the conduct or implementation of that treatment. Payment for those services shall be a charge against the county. (Amended by Stats. 1998, Ch. 1054, Sec. 41. Effective January 1, 1999.)
371.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 10. Dependent Children—Judgments and Orders [360 - 371] ( Article 10 added by Stats. 1976, Ch. 1068. )
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When a dependent child or ward is placed for adoption, or a guardian is appointed, the social worker or probation officer must give the family or guardians written information about working with specialized mental health providers and the clinical expertise to look for.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 10. Dependent Children—Judgments and Orders [360 - 371] ( Article 10 added by Stats. 1976, Ch. 1068. ) ## 371. When the court has ordered a dependent child or a ward of the juvenile court placed for adoption or has appointed a relative or nonrelative legal guardian, the social worker or probation officer shall provide the prospective adoptive family or the guardian or guardians information, in writing, regarding the importance of working with mental health providers that have specialized adoption or permanency clinical training and experience if the family needs clinical support, and a description of the desirable clinical expertise the family should look for when choosing an adoption- or permanency-competent mental health professional. (Added by Stats. 2017, Ch. 714, Sec. 1. (AB 1006) Effective January 1, 2018.)
375.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 11. Dependent Children—Transfer of Cases Between Counties [375 - 381] ( Article 11 added by Stats. 1976, Ch. 1068. )
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This section lets a juvenile dependency case be transferred to another county court when the residence conditions in the section are met, and requires the receiving county court to take jurisdiction once the transfer papers are filed.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 11. Dependent Children—Transfer of Cases Between Counties [375 - 381] ( Article 11 added by Stats. 1976, Ch. 1068. ) ## 375. (a) Whenever a petition is filed in the juvenile court of a county other than the residence of the person named in the petition, or whenever, subsequent to the filing of a petition in the juvenile court of the county where that minor resides, the residence of the person who would be legally entitled to the custody of the minor were it not for the existence of a court order issued pursuant to this chapter is changed to another county, the entire case may be transferred to the juvenile court of the county where that person then resides at any time after the court has made a finding of the facts upon which it has exercised its jurisdiction over the minor, and the juvenile court of the county where that person then resides shall take jurisdiction of the case upon the receipt and filing of the finding of the facts upon which the court exercised its jurisdiction and an order transferring the case. (b) (1) (A) Whenever a minor under the dependency jurisdiction or transition jurisdiction of the juvenile court attains 18 years of age and remains under the court’s jurisdiction as a nonminor dependent, as defined in subdivision (v) of Section 11400, the residence of the nonminor dependent may be changed to another county if the court finds that the nonminor dependent meets either of the following conditions: (i) The conditions set forth in subdivision (f) of Section 17.1. (ii) The nonminor dependent requests the transfer of jurisdiction to a new county and the court finds that the transfer is in the best interest of the nonminor dependent. In making its determination, the court shall consider all relevant information, including, but not limited to, all of the following: (I) Whether the transfer would enhance the nonminor dependent’s access to services. (II) The position of the social worker or a tribal social worker and, if applicable, the probation officer. (III) Whether the nonminor dependent would qualify as a resident of the new county pursuant to Section 244 of the Government Code, Section 12505 of the Vehicle Code, or Section 48204.1 of the Education Code. (IV) Whether the nonminor dependent has established significant connections to the new county through employment or independent contracting, through enrollment in an educational or vocational program, through obtaining housing, or through establishing family or other supportive connections in the new county, including relationships that provide emotional or social support to the nonminor dependent, such as relationships with family members, mentors, close friends, or community ties, such as being a member of a religious congregation or nonprofit organization. (V) Whether the nonminor dependent is involved in a separate dependency case as a parent in the new county. (B) (i) Pursuant to subparagraph (A), the entire case may be ordered to be transferred to the juvenile court of the county where the nonminor dependent then resides at any time after the court has made a finding of the facts upon which the court has exercised its jurisdiction over the nonminor dependent or at a regularly scheduled review hearing pursuant to Section 366.31. The juvenile court of the county where a nonminor then resides shall take jurisdiction of the case upon the receipt and filing of that finding and an order transferring the case. (ii) A court issuing an order to transfer the case pursuant to clause (ii) of subparagraph (A) shall issue the order within 30 court days of the nonminor dependent’s request. (iii) If the court issues an order to transfer the case, the new county shall be deemed to have jurisdiction over the nonminor dependent within 10 calendar days of the issuance of the order. (2) Whenever a petition pursuant to subdivision (e) of Section 388 is submitted in the juvenile court of a county other than the county that retained general jurisdiction under subdivision (b) of Section 303 of the nonminor dependent, as defined in subdivision (v) of Section 11400, the residence of the nonminor dependent may be changed to another county if the nonminor dependent meets the conditions of subdivision (g) of Section 17.1. The entire case may be transferred to the juvenile court of the county where the nonminor dependent then resides at any time after the county that retained general jurisdiction has granted the petition and resumed dependency jurisdiction, or has assumed or resumed transition jurisdiction. The juvenile court of the county where the nonminor then resides shall take jurisdiction of the case upon the receipt and filing of the finding of the facts upon which the court exercised its jurisdiction over the nonminor and an order transferring the case. (Amended by Stats. 2025, Ch. 281, Sec. 3. (AB 890) Effective January 1, 2026.)
376.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 11. Dependent Children—Transfer of Cases Between Counties [375 - 381] ( Article 11 added by Stats. 1976, Ch. 1068. )
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The county treasury initially pays transfer-related and maintenance expenses, and the judge may order reimbursement if the responsible person can pay.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 11. Dependent Children—Transfer of Cases Between Counties [375 - 381] ( Article 11 added by Stats. 1976, Ch. 1068. ) ## 376. The expense of the transfer and all expenses in connection with the transfer and for the support and maintenance of such person shall be paid from the county treasury of the court ordering the transfer until the receipt and filing of the finding and order of transfer in the juvenile court of the transferee county. The judge shall inquire into the financial condition of such person and of the parent, parents, guardian, or other person charged with his support and maintenance, and if he finds such person, parent, parents, guardian, or other person able, in whole or in part, to pay the expense of such transfer, he shall make a further order requiring such person, parent, parents, guardian, or other person to repay to the county such part, or all, of such expense of transfer as, in the opinion of the court, is proper. Such repayment shall be made to the probation officer who shall keep suitable accounts of such expenses and repayments and shall deposit all such collections in the county treasury. (Added by Stats. 1976, Ch. 1068.)
377.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 11. Dependent Children—Transfer of Cases Between Counties [375 - 381] ( Article 11 added by Stats. 1976, Ch. 1068. )
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When a case is transferred under Section 375, the transfer order must list the case findings and orders, include the parent or guardian’s legal residence details, move all file papers to the county where that person lives, and keep copies of the transfer order and required findings in the transferring county file.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 11. Dependent Children—Transfer of Cases Between Counties [375 - 381] ( Article 11 added by Stats. 1976, Ch. 1068. ) ## 377. Whenever a case is transferred as provided in Section 375, the order of transfer shall recite each and all of the findings, orders, or modification of orders that have been made in the case, and shall include the name and address of the legal residence of the parent or guardian of the minor. All papers contained in the file shall be transferred to the county where such person resides. A copy of the order of transfer and of the findings of fact as required in Section 375 shall be kept in the file of the transferring county. (Added by Stats. 1976, Ch. 1068.)
378.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 11. Dependent Children—Transfer of Cases Between Counties [375 - 381] ( Article 11 added by Stats. 1976, Ch. 1068. )
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When a transfer order from another county is filed with a juvenile court clerk, the clerk must put it on the court calendar and the court must hear it as soon as possible.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 11. Dependent Children—Transfer of Cases Between Counties [375 - 381] ( Article 11 added by Stats. 1976, Ch. 1068. ) ## 378. Whenever an order of transfer from another county is filed with the clerk of any juvenile court, the clerk shall place the transfer order on the calendar of the court, and it shall have precedence over all actions and civil proceedings not specifically given precedence by other provisions of law and shall be heard by the court at the earliest possible moment following the filing of the order. (Added by Stats. 1976, Ch. 1068.)
379.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 11. Dependent Children—Transfer of Cases Between Counties [375 - 381] ( Article 11 added by Stats. 1976, Ch. 1068. )
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In residence-determination actions, the county where the court sits and any other affected county are parties and may appeal orders determining the minor’s residence.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 11. Dependent Children—Transfer of Cases Between Counties [375 - 381] ( Article 11 added by Stats. 1976, Ch. 1068. ) ## 379. In any action under the provisions of this article in which the residence of a minor person is determined, both the county in which the court is situated and any other county which, as a result of the determination of residence, might be determined to be the county of residence of the minor person, shall be considered to be parties in the action and shall have the right to appeal any order by which residence of the minor person is determined. (Added by Stats. 1976, Ch. 1068.)
380.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 11. Dependent Children—Transfer of Cases Between Counties [375 - 381] ( Article 11 added by Stats. 1976, Ch. 1068. )
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A juvenile court may allow a dependent child to live in another county, while the court keeps jurisdiction.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 11. Dependent Children—Transfer of Cases Between Counties [375 - 381] ( Article 11 added by Stats. 1976, Ch. 1068. ) ## 380. Any person adjudged to be a dependent child of the juvenile court may be permitted by order of the court to reside in a county other than the county of his or her legal residence, and the court shall retain jurisdiction over that person. Whenever a dependent child of the juvenile court is permitted to reside in a county other than the county of his or her legal residence, he or she may be placed under the supervision of the social worker of the county of actual residence, with the consent of the social worker. The dependent child shall comply with the instructions of the social worker and upon failure to do so shall be returned to the county of his or her legal residence for further hearing and order of the court. (Amended by Stats. 1998, Ch. 1054, Sec. 42. Effective January 1, 1999.)
381.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 11. Dependent Children—Transfer of Cases Between Counties [375 - 381] ( Article 11 added by Stats. 1976, Ch. 1068. )
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This section requires record transfer, documentation, and file maintenance when a juvenile case is dismissed or transferred between a state court and a tribal court, and it gives transfer orders priority on the juvenile court calendar.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 11. Dependent Children—Transfer of Cases Between Counties [375 - 381] ( Article 11 added by Stats. 1976, Ch. 1068. ) ## 381. (a) If a case is dismissed by a state court because the child is already a ward of a tribal court or the tribe has exclusive jurisdiction over Indian child custody proceedings pursuant to subdivisions (b) and (c) of Section 305.5, the state court shall ensure that all state court records are transmitted to the tribal court pursuant to subdivision (c) of Section 305.5. The state court and the tribe shall each document the finding of the facts supporting jurisdiction over the minor. The state court and the county welfare department shall maintain a copy of the order of dismissal and the findings of fact. (b) If a case is transferred from a state court to a tribal court pursuant to subdivisions (d) and (e) of Section 305.5, the state court shall issue an order of transfer of the case that states all of the findings, orders, or modification of orders that have been made in the case, and the name and address of the tribe having jurisdiction. All papers contained in the file shall be transferred to the tribe having jurisdiction. The transferring state court and county welfare department shall maintain a copy of the order of transfer and the findings of fact. (c) If an order of transfer from a state court to a tribe is filed with the clerk of a juvenile court, the clerk shall place the transfer order on the calendar of the court, and, notwithstanding Section 378, that matter shall have precedence over all actions and civil proceedings not specifically given precedence by any other law and shall be heard by the court at the earliest possible moment after the order is filed. (Amended by Stats. 2018, Ch. 833, Sec. 33. (AB 3176) Effective January 1, 2019.)
385.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 12. Dependent Children—Modification of Juvenile Court Judgments and Orders [385 - 391] ( Article 12 added by Stats. 1976, Ch. 1068. )
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The court may change, modify, or set aside its order at any time, if the judge considers it appropriate and the article’s procedural requirements are met.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 12. Dependent Children—Modification of Juvenile Court Judgments and Orders [385 - 391] ( Article 12 added by Stats. 1976, Ch. 1068. ) ## 385. Any order made by the court in the case of any person subject to its jurisdiction may at any time be changed, modified, or set aside, as the judge deems meet and proper, subject to such procedural requirements as are imposed by this article. (Added by Stats. 1976, Ch. 1068.)
386.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 12. Dependent Children—Modification of Juvenile Court Judgments and Orders [385 - 391] ( Article 12 added by Stats. 1976, Ch. 1068. )
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A juvenile court order changing, modifying, or setting aside a prior order cannot be made unless prior notice of the application has been given.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 12. Dependent Children—Modification of Juvenile Court Judgments and Orders [385 - 391] ( Article 12 added by Stats. 1976, Ch. 1068. ) ## 386. No order changing, modifying, or setting aside a previous order of the juvenile court shall be made either in chambers, or otherwise, unless prior notice of the application therefor has been given by the judge or the clerk of the court to the social worker and to the child’s counsel of record, or, if there is no counsel of record, to the child and his or her parent or guardian. (Amended by Stats. 1998, Ch. 1054, Sec. 43. Effective January 1, 1999.)
387.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 12. Dependent Children—Modification of Juvenile Court Judgments and Orders [385 - 391] ( Article 12 added by Stats. 1976, Ch. 1068. )
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A supplemental petition to change custody or placement of a child requires a noticed hearing, must be filed by the social worker in the original matter, and must be set for hearing within 30 days after filing.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 12. Dependent Children—Modification of Juvenile Court Judgments and Orders [385 - 391] ( Article 12 added by Stats. 1976, Ch. 1068. ) ## 387. (a) An order changing or modifying a previous order by removing a child from the physical custody of a parent, guardian, relative, or friend and directing placement in a foster home, or commitment to a private or county institution, shall be made only after noticed hearing upon a supplemental petition. (b) The supplemental petition shall be filed by the social worker in the original matter and shall contain a concise statement of facts sufficient to support the conclusion that the previous disposition has not been effective in the rehabilitation or protection of the child or, in the case of a placement with a relative, sufficient to show that the placement is not appropriate in view of the criteria in Section 361.3. (c) Notwithstanding subdivision (a), dependency jurisdiction shall be resumed for a child as to whom dependency jurisdiction has been suspended pursuant to Section 366.5 if the jurisdiction established pursuant to Section 601 or 602 is terminated and if, after the issuance of a joint assessment pursuant to Section 366.5, the court determines that the court’s dependency jurisdiction should be resumed. (d) Upon the filing of the supplemental petition, the clerk of the juvenile court shall immediately set the same for hearing within 30 days, and the social worker shall cause notice thereof to be served upon the persons and in the manner prescribed by Sections 290.1 and 291, except that service under this subdivision may be delivered by electronic service pursuant to Section 212.5. (e) An order for the detention of the child pending adjudication of the petition may be made only after a hearing is conducted pursuant to Article 7 (commencing with Section 305). (Amended by Stats. 2017, Ch. 319, Sec. 135. (AB 976) Effective January 1, 2018.)
388.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 12. Dependent Children—Modification of Juvenile Court Judgments and Orders [385 - 391] ( Article 12 added by Stats. 1976, Ch. 1068. )
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This section lets specified people ask the juvenile court to change, modify, set aside, or terminate certain orders, and sets conditions and deadlines for reunification, sibling-visitation, and reentry petitions.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 12. Dependent Children—Modification of Juvenile Court Judgments and Orders [385 - 391] ( Article 12 added by Stats. 1976, Ch. 1068. ) ## 388. (a) (1) Any parent or other person having an interest in a child who is a dependent child of the juvenile court or a nonminor dependent as defined in subdivision (v) of Section 11400, or the child or the nonminor dependent through a properly appointed guardian may, upon grounds of change of circumstance or new evidence, petition the court in the same action in which the child was found to be a dependent child of the juvenile court or in which a guardianship was ordered pursuant to Section 360 for a hearing to change, modify, or set aside any order of court previously made or to terminate the jurisdiction of the court. The petition shall be verified and, if made by a person other than the child or the nonminor dependent, shall state the petitioner’s relationship to or interest in the child or the nonminor dependent and shall set forth in concise language any change of circumstance or new evidence that is alleged to require the change of order or termination of jurisdiction. (2) When any party, including a child who is a dependent of the juvenile court, petitions the court prior to an order terminating parental rights, to modify the order that reunification services were not needed pursuant to paragraphs (4), (5), and (6) of subdivision (b) of Section 361.5, or to modify any orders related to custody or visitation of the subject child, and the court orders a hearing pursuant to subdivision (d), the court shall modify the order that reunification services were not needed pursuant to paragraphs (4), (5), and (6) of subdivision (b) of Section 361.5, or any orders related to the custody or visitation of the child for whom reunification services were not ordered pursuant to paragraphs (4), (5), and (6) of subdivision (b) of Section 361.5, only if the court finds by clear and convincing evidence that the proposed change is in the best interests of the child. (b) (1) Any person, including a child or a nonminor dependent who is a dependent of the juvenile court, may petition the court to assert a relationship as a sibling related by blood, adoption, or affinity through a common legal or biological parent to a child who is, or is the subject of a petition for adjudication as, a dependent of the juvenile court, and may request visitation with the dependent child, placement with or near the dependent child, or consideration when determining or implementing a case plan or permanent plan for the dependent child or make any other request for an order which may be shown to be in the best interest of the dependent child. (2) A child or nonminor dependent who is a dependent of the juvenile court may petition the court to assert a relationship as a sibling related by blood, adoption, or affinity through a common legal or biological parent to a child who is in the physical custody of a common legal or biological parent, and may request visitation with the nondependent sibling in parental custody. (3) Pursuant to subdivision (b) of Section 16002, a request for sibling visitation may be granted unless it is determined by the court that sibling visitation is contrary to the safety and well-being of any of the siblings. (4) The court may appoint a guardian ad litem to file the petition for a dependent child asserting a sibling relationship pursuant to this subdivision if the court determines that the appointment is necessary for the best interests of the dependent child. The petition shall be verified and shall set forth the following: (A) Through which parent the dependent child is related to the sibling. (B) Whether the dependent child is related to the sibling by blood, adoption, or affinity. (C) The request or order that the petitioner is seeking. (D) Why that request or order is in the best interest of the dependent child. (c) (1) Any party, including a child who is a dependent of the juvenile court, may petition the court, prior to the hearing set pursuant to subdivision (f) of Section 366.21 for a child described by subparagraph (A) of paragraph (1) of subdivision (a) of Section 361.5, or prior to the hearing set pursuant to subdivision (e) of Section 366.21 for a child described by subparagraph (B) or (C) of paragraph (1) of subdivision (a) of Section 361.5, to terminate court-ordered reunification services provided under subdivision (a) of Section 361.5 only if one of the following conditions exists: (A) It appears that a change of circumstance or new evidence exists that satisfies a condition set forth in subdivision (b) or (e) of Section 361.5 justifying termination of court-ordered reunification services. (B) The action or inaction of the parent or guardian creates a substantial likelihood that reunification will not occur, including, but not limited to, the parent’s or guardian’s failure to visit the child, or the failure of the parent or guardian to participate regularly and make substantive progress in a court-ordered treatment plan. (2) In determining whether the parent or guardian has failed to visit the child or participate regularly or make progress in the treatment plan, the court shall consider factors that include, but are not limited to, the parent’s or guardian’s incarceration, institutionalization, detention by the United States Department of Homeland Security, deportation, or participation in a court-ordered residential substance abuse treatment program. (3) The court shall terminate reunification services during the above-described time periods only upon a finding by a preponderance of evidence that reasonable services have been offered or provided, and upon a finding of clear and convincing evidence that one of the conditions in subparagraph (A) or (B) of paragraph (1) exists. (4) Any party, including a nonminor dependent, as defined in subdivision (v) of Section 11400, may petition the court prior to the review hearing set pursuant to subdivision (d) of Section 366.31 to terminate the continuation of court-ordered family reunification services for a nonminor dependent who has attained 18 years of age. The court shall terminate family reunification services to the parent or guardian if the nonminor dependent or parent or guardian are not in agreement that the continued provision of court-ordered family reunification services is in the best interests of the nonminor dependent. (5) If the court terminates reunification services, it shall order that a hearing pursuant to Section 366.26 be held within 120 days. On and after January 1, 2012, a hearing pursuant to Section 366.26 shall not be ordered if the child is a nonminor dependent. The court may order a nonminor dependent who is otherwise eligible for AFDC-FC benefits pursuant to Section 11403 to remain in a planned, permanent living arrangement. (d) If it appears that the best interests of the child or the nonminor dependent may be promoted by the proposed change of order, modification of reunification services, custody, or visitation orders concerning a child for whom reunification services were not ordered pursuant to paragraphs (4), (5), and (6) of subdivision (b) of Section 361.5, recognition of a sibling relationship, termination of jurisdiction, or clear and convincing evidence supports revocation or termination of court-ordered reunification services, the court shall order that a hearing be held and shall give prior notice, or cause prior notice to be given, to the persons and in the manner prescribed by Section 386, and, in those instances in which the manner of giving notice is not prescribed by those sections, then in the manner the court prescribes. (e) (1) (A) A nonminor who attained 18 years of age while subject to an order for foster care placement and who has not attained 21 years of age, or as described in Section 10103.5, for whom the court has dismissed dependency jurisdiction pursuant to Section 391, or delinquency jurisdiction pursuant to Section 607.2, or transition jurisdiction pursuant to Section 452, but has retained general jurisdiction under subdivision (b) of Section 303, or the county child welfare services, probation department, or tribal placing agency on behalf of the nonminor, may petition the court in the same action in which the child was found to be a dependent or delinquent child of the juvenile court, for a hearing to resume the dependency jurisdiction over a former dependent or to assume or resume transition jurisdiction over a former delinquent ward pursuant to Section 450. The petition shall be filed within the period that the nonminor is of the age described in this paragraph. If the nonminor has completed the voluntary reentry agreement, as described in subdivision (z) of Section 11400, with the placing agency, the agency shall file the petition on behalf of the nonminor within 15 judicial days of the date the agreement was signed unless the nonminor elects to file the petition at an earlier date. (B) The petition may be brought notwithstanding a court order vacating or dismissing the underlying adjudication pursuant to Section 236.14 of the Penal Code or Section 782 of this code. (2) (A) The petition to resume jurisdiction may be filed in the juvenile court that retains general jurisdiction under subdivision (b) of Section 303, or the petition may be submitted to the juvenile court in the county where the youth resides and forwarded to the juvenile court that retained general jurisdiction and filed with that court. The juvenile court having general jurisdiction under Section 303 shall receive the petition from the court where the petition was submitted within five court days of its submission, if the petition is filed in the county of residence. The juvenile court that retained general jurisdiction shall order that a hearing be held within 15 judicial days of the date the petition was filed if there is a prima facie showing that the nonminor satisfies the following criteria: (i) The nonminor was previously under juvenile court jurisdiction, subject to an order for foster care placement when the nonminor attained 18 years of age, and has not attained 21 years of age. (ii) The nonminor intends to satisfy at least one of the conditions set forth in paragraphs (1) to (5), inclusive, of subdivision (b) of Section 11403. (iii) The nonminor wants assistance either in maintaining or securing appropriate supervised placement, or is in need of immediate placement and agrees to supervised placement pursuant to the voluntary reentry agreement as described in subdivision (z) of Section 11400. (B) Upon ordering a hearing, the court shall give prior notice, or cause prior notice to be given, to the persons and by the means prescribed by Section 386, except that notice to parents or former guardians shall not be provided unless the nonminor requests, in writing on the face of the petition, notice to the parents or former guardians. (3) The Judicial Council, by January 1, 2012, shall adopt rules of court to allow for telephonic appearances by nonminor former dependents or delinquents in these proceedings, and for telephonic appearances by nonminor dependents in any proceeding in which the nonminor dependent is a party, and the nonminor declines to appear and elects a telephonic appearance. (4) Prior to the hearing on a petition to resume dependency jurisdiction or to assume or resume transition jurisdiction, the court shall order the county child welfare or probation department to prepare a report for the court addressing whether the nonminor intends to satisfy at least one of the criteria set forth in subdivision (b) of Section 11403. When the recommendation is for the nonminor dependent to be placed in a setting where minor dependents also reside, the results of a background check of the petitioning nonminor conducted pursuant to Section 16504.5 may be used by the placing agency to determine appropriate placement options for the nonminor. The existence of a criminal conviction is not a bar to eligibility for reentry or resumption of dependency jurisdiction or the assumption or resumption of transition jurisdiction over a nonminor. (5) (A) The court shall resume dependency jurisdiction over a former dependent or assume or resume transition jurisdiction over a former delinquent ward pursuant to Section 450, and order that the nonminor’s placement and care be under the responsibility of the county child welfare services department, the probation department, tribe, consortium of tribes, or tribal organization, if the court finds all of the following: (i) The nonminor was previously under juvenile court jurisdiction, subject to an order for foster care placement when the nonminor attained 18 years of age. (ii) The nonminor has not attained 21 years of age. (iii) Reentry and remaining in foster care are in the nonminor’s best interests. (iv) The nonminor intends to satisfy, and agrees to satisfy, at least one of the criteria set forth in paragraphs (1) to (5), inclusive, of subdivision (b) of Section 11403, and demonstrates their agreement to placement in a supervised setting under the placement and care responsibility of the placing agency and to satisfy the criteria by signing the voluntary reentry agreement as described in subdivision (z) of Section 11400. (B) In no event shall the court grant a continuance that would cause the hearing to resume dependency jurisdiction or to assume or resume transition jurisdiction to be completed more than 120 days after the date the petition was filed. (C) The agency made responsible for the nonminor’s placement and care pursuant to subparagraph (A) shall prepare a new transitional independent living case plan within 60 calendar days from the date the nonminor signed the voluntary reentry agreement as described in subdivision (z) of Section 11400 and submit it to the court for the review hearing under Section 366.31, to be held within 70 days of the resumption of dependency jurisdiction or assumption or resumption of transition jurisdiction. In no event shall the review hearing under Section 366.3 be held more than 170 calendar days from the date the nonminor signed the voluntary reentry agreement. (f) (1) For any nonminor dependent who attained 18 years of age while subject to an order for foster care placement and who has not attained 21 years of age, and who, prior to attaining 18 years of age, was not eligible for federal financial participation, as defined in Section 11402.1, the county child welfare, probation, or tribal placing agency may, on behalf of, and with the consent of, the nonminor dependent, petition the court to dismiss its dependency or transition jurisdiction and immediately resume dependency or transition jurisdiction in order to establish the nonminor dependent’s eligibility for federal financial participation. (2) A petition filed pursuant to paragraph (1) shall include notice to the nonminor dependent and the nonminor dependent’s attorney. (3) If the court grants a petition filed pursuant to paragraph (1), the court shall, upon terminating its dependency or transition jurisdiction, maintain general jurisdiction over the nonminor dependent pursuant to Section 303 and immediately resume dependency or transition jurisdiction. The court may grant the petition without a hearing. (4) Sections 391, 452, and 607.2 do not apply to a petition filed pursuant to paragraph (1). (5) Following the granting of a petition filed pursuant to paragraph (1), a new agreement for extended foster care shall be jointly signed by the agency responsible for the nonminor dependent’s placement and care and the nonminor dependent. However, notwithstanding any other law, if the nonminor dependent established a transitional independent living plan prior to the granting of the petition, the agency shall not be required to prepare a new transitional independent living plan as described in subparagraph (C) of paragraph (5) of subdivision (e). (6) The county child welfare, probation, or tribal placing agency shall ensure that a nonminor dependent does not experience a break in services or supports before, during, or after the filing or granting of a petition described in paragraph (1). (7) A county child welfare, probation, or tribal placing agency shall not file a petition described in paragraph (1) if either of the following circumstances is present: (A) The nonminor dependent is categorically ineligible for federal AFDC-FC benefits. (B) The nonminor dependent is a member of a tribe and would likely become ineligible for services or supports, or have benefits disrupted, if the county sought to establish eligibility for federal financial participation pursuant to paragraph (1). (8) By September 1, 2022, the Judicial Council shall develop and implement rules, and develop and adopt appropriate forms, as necessary to implement this subdivision. (9) The director shall, by July 1, 2022, seek any federal approvals necessary for implementation of this subdivision. (Amended by Stats. 2024, Ch. 782, Sec. 3. (SB 1161) Effective January 1, 2025.)
388.1.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 12. Dependent Children—Modification of Juvenile Court Judgments and Orders [385 - 391] ( Article 12 added by Stats. 1976, Ch. 1068. )
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A qualifying nonminor may ask the juvenile court to take dependency jurisdiction, and the court and agencies must follow set hearing, notice, report, placement, and filing deadlines.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 12. Dependent Children—Modification of Juvenile Court Judgments and Orders [385 - 391] ( Article 12 added by Stats. 1976, Ch. 1068. ) ## 388.1. (a) A nonminor who has not attained 21 years of age may petition the court in which he or she was previously found to be a dependent or delinquent child of the juvenile court for a hearing to determine whether to assume dependency jurisdiction over the nonminor, if he or she meets any of the following descriptions: (1) He or she is a nonminor former dependent, as defined in subdivision (aa) of Section 11400, who received or, but for the receipt of Supplemental Security Income benefits or other aid from the federal Social Security Administration, would have received aid after attaining 18 years of age under Kin-GAP pursuant to Article 4.5 (commencing with Section 11360) or Article 4.7 (commencing with Section 11385) of Chapter 2 of Part 3 of Division 9, or AFDC-FC pursuant to subdivision (e) of Section 11405, and whose former guardian or guardians died after the nonminor attained 18 years of age, but before he or she attains 21 years of age. (2) He or she is a nonminor former dependent, as defined in subdivision (aa) of Section 11400, who received or, but for the receipt of Supplemental Security Income benefits or other aid from the federal Social Security Administration, would have received aid after attaining 18 years of age under Kin-GAP pursuant to Article 4.5 (commencing with Section 11360) or Article 4.7 (commencing with Section 11385) of Chapter 2 of Part 3 of Division 9, or AFDC-FC pursuant to subdivision (e) of Section 11405, and whose former guardian or guardians no longer provide ongoing support to, and no longer receive aid on behalf of, the nonminor after the nonminor attained 18 years of age, but before he or she attains 21 years of age. (3) He or she is a nonminor who received adoption assistance payments after attaining 18 years of age pursuant to Chapter 2.1 (commencing with Section 16115) of Part 4 of Division 9 and his or her adoptive parent or parents died after the nonminor attained 18 years of age, but before he or she attains 21 years of age. (4) He or she is a nonminor who received adoption assistance payments after attaining 18 years of age pursuant to Chapter 2.1 (commencing with Section 16115) of Part 4 of Division 9 and his or her adoptive parent or parents no longer provide ongoing support to, and no longer receive benefits on behalf of, the nonminor after the nonminor attained 18 years of age, but before he or she attains 21 years of age. (b) (1) The petition to assume jurisdiction may be filed in either of the following: (A) The juvenile court that established the guardianship pursuant to Section 360, Section 366.26, or subdivision (d) of Section 728. (B) The juvenile court that had jurisdiction over the minor or nonminor dependent when his or her adoption was finalized. (2) A nonminor described in subdivision (a) may submit a petition to assume dependency jurisdiction to the juvenile court in the county where he or she resides. A petition submitted pursuant to this paragraph shall, within five days of submission, be forwarded to the court that had jurisdiction over the child at the time of the guardianship or adoption. The clerk of the court that had jurisdiction over the child at the time of the guardianship or adoption shall file the petition within one judicial day of receipt. (c) (1) The juvenile court in which the petition was filed shall order a hearing to be held within 15 judicial days of the date the petition was filed if there is a prima facie showing that the nonminor satisfies all of the following criteria: (A) He or she was a minor under juvenile court jurisdiction at the time of the establishment of a guardianship pursuant to Section 360, Section 366.26, or subdivision (d) of Section 728, or he or she was a minor or nonminor dependent when his or her adoption was finalized. (B) (i) His or her guardian or guardians, or adoptive parent or parents, as applicable, died after the nonminor attained 18 years of age, but before he or she attained 21 years of age. (ii) His or her guardian or guardians, or adoptive parent or parents, as applicable, no longer provide ongoing support to, and no longer receive payment on behalf of, the nonminor after the nonminor attained 18 years of age, but before he or she attained 21 years of age, and it may be in the nonminor’s best interest for the court to assume dependency jurisdiction. (C) He or she intends to satisfy at least one of the conditions set forth in paragraphs (1) to (5), inclusive, of subdivision (b) of Section 11403. (D) He or she is requesting assistance in maintaining or securing appropriate supervised placement, or needs immediate placement and agrees to supervised placement pursuant to the voluntary reentry agreement described in subdivision (z) of Section 11400. (2) Upon ordering a hearing, the court shall give prior notice, or cause prior notice to be given, to the nonminor, the appropriate child welfare agency or probation department, and any other person requested by the nonminor in the petition. (3) Pursuant to applicable rules of court, the juvenile court shall allow for telephonic appearances by the nonminor in these proceedings and in any proceeding in which the nonminor dependent is a party. (4) Prior to the hearing, the court shall order the county child welfare or probation department to prepare a report for the court that addresses both of the following: (A) The nonminor’s plans to satisfy at least one of the criteria set forth in paragraphs (1) to (5), inclusive, of subdivision (b) of Section 11403. (B) The appropriate placement setting for the nonminor. When the recommendation is for the nonminor to be placed in a setting where minor dependents also reside, the results of a background check of the petitioning nonminor conducted pursuant to Section 16504.5 may be used by the placing agency to determine appropriate placement options for him or her. (5) The court shall assume dependency jurisdiction over a former dependent or ward, and order his or her placement and care be under the responsibility of the county child welfare services department, the probation department, tribe, consortium of tribes, or tribal organization, if the court finds all of the following: (A) The nonminor was a minor under juvenile court jurisdiction at the time of the establishment of a guardianship pursuant to Section 360, Section 366.26, or subdivision (d) of Section 728, or he or she was a dependent at the time his or her adoption was finalized. (B) The nonminor’s guardian or guardians, or adoptive parent or parents, as applicable, have died, or no longer provide ongoing support to, and no longer receive payment on behalf of, the nonminor, and it is in the nonminor’s best interests for the court to assume dependency jurisdiction. (C) The nonminor has not attained 21 years of age. (D) Reentry and remaining in foster care are in the nonminor’s best interests. (E) The nonminor intends to satisfy, and agrees to satisfy, at least one of the criteria set forth in paragraphs (1) to (5), inclusive, of subdivision (b) of Section 11403, and demonstrates his or her agreement to placement in a supervised setting under the placement and care responsibility of the placing agency by signing the voluntary reentry agreement described in subdivision (z) of Section 11400. (6) The existence of a criminal conviction is not a bar to eligibility for reentry to foster care or assumption of dependency jurisdiction over a nonminor. (7) The court shall not grant a continuance that would cause the hearing to be completed more than 120 days after the date the petition is filed. (d) The agency made responsible for the nonminor’s placement and care pursuant to paragraph (5) of subdivision (c) shall prepare a new transitional independent living case plan within 60 calendar days of the date the nonminor signs the voluntary reentry agreement and shall submit the plan to the court for the review hearing specified in Section 366.31, to be held within 70 days of the assumption of dependency jurisdiction. The review hearing under Section 366.31 shall not be held more than 170 calendar days from the date the nonminor signs the voluntary reentry agreement. (e) (1) A nonminor described in subdivision (a) may enter into a voluntary reentry agreement as defined in subdivision (z) of Section 11400 in order to establish eligibility for foster care benefits under subdivision (e) of Section 11401 before or after filing a petition to assume dependency jurisdiction. If the nonminor enters into a voluntary reentry agreement prior to filing the petition, the nonminor is entitled to placement and supervision pending the court’s assumption of jurisdiction. (2) If the nonminor completes a voluntary reentry agreement with a placing agency, the placing agency shall file the petition to assume dependency jurisdiction on behalf of the nonminor within 15 judicial days of the date the agreement is signed, unless the nonminor elects to file the petition at an earlier date. (Amended by Stats. 2018, Ch. 539, Sec. 1. (AB 2337) Effective January 1, 2019.)
389.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 12. Dependent Children—Modification of Juvenile Court Judgments and Orders [385 - 391] ( Article 12 added by Stats. 1976, Ch. 1068. )
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This section lets eligible persons ask to have certain juvenile court and related records sealed, and it requires the court and agencies to seal or later destroy those records when the stated conditions are met.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 12. Dependent Children—Modification of Juvenile Court Judgments and Orders [385 - 391] ( Article 12 added by Stats. 1976, Ch. 1068. ) ## 389. (a) In any case in which a petition has been filed with a juvenile court to commence proceedings to adjudge a person a dependent child of the court, in any case in which a person is cited to appear before a probation officer or is taken before a probation officer pursuant to Section 307, or in any case in which a minor is taken before any officer of a law enforcement agency, the person or the county probation officer may, five years or more after the jurisdiction of the juvenile court has terminated as to the person, or, in a case in which no petition is filed, five years or more after the person was cited to appear before a probation officer or was taken before a probation officer pursuant to Section 307 or was taken before any officer of a law enforcement agency, or, in any case, at any time after the person has reached the age of 18 years, petition the court for sealing of the records, including records of arrest, relating to the person’s case, in the custody of the juvenile court and probation officer and any other agencies, including law enforcement agencies, and public officials as petitioner alleges, in his petition, to have custody of such records. The court shall notify the district attorney of the county and the county probation officer, if he is not the petitioner of the petition, and such district attorney or probation officer or any of their deputies or any other person having relevant evidence may testify at the hearing on the petition. If, after hearing, the court finds that since such termination of jurisdiction or action pursuant to Section 307, as the case may be, he has not been convicted of a felony or of any misdemeanor involving moral turpitude and that rehabilitation has been attained to the satisfaction of the court, it shall order sealed all records, papers, and exhibits in the person’s case in the custody of the juvenile court, including the juvenile court record, minute book entries, and entries on dockets, and other records relating to the case in the custody of such other agencies and officials as are named in the order. Thereafter, the proceedings in such case shall be deemed never to have occurred, and the person may properly reply accordingly to any inquiry about the events, records of which are ordered sealed. The court shall send a copy of the order to each agency and official named therein directing the agency to seal its records and five years thereafter to destroy the sealed records. Each such agency and official shall seal records in its custody as directed by the order, shall advise the court of its compliance, and thereupon shall seal the copy of the court’s order for sealing of records that it or he received. The person who is the subject of records sealed pursuant to this section may petition the superior court to permit inspection of the records by persons named in the petition, and the superior court may so order. Otherwise, except as provided in subdivision (b), such records shall not be open to inspection. (b) In any action or proceeding based upon defamation, a court, upon a showing of good cause, may order any records sealed under this section to be opened and admitted into evidence. The records shall be confidential and shall be available for inspection only by the court, jury, parties, counsel for the parties, and any other person who is authorized by the court to inspect them. Upon the judgment in the action or proceeding becoming final, the court shall order the records sealed. (c) Five years after a juvenile court record has been sealed, the court shall order the destruction of the sealed juvenile court record unless for good cause the court determines that the juvenile court record shall be retained. Any other agency in possession of sealed records shall destroy their records five years after the records were ordered sealed. (Amended by Stats. 1980, Ch. 1104, Sec. 1.)
390.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 12. Dependent Children—Modification of Juvenile Court Judgments and Orders [385 - 391] ( Article 12 added by Stats. 1976, Ch. 1068. )
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A juvenile court judge may dismiss a petition, or set aside the findings and dismiss it, before the minor turns 21 if the court finds dismissal is in the interests of justice and the minor’s welfare, and the parent or guardian does not need treatment or rehabilitation.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 12. Dependent Children—Modification of Juvenile Court Judgments and Orders [385 - 391] ( Article 12 added by Stats. 1976, Ch. 1068. ) ## 390. A judge of the juvenile court in which a petition was filed, at any time before the minor reaches the age of 21 years, may dismiss the petition or may set aside the findings and dismiss the petition if the court finds that the interests of justice and the welfare of the minor require the dismissal, and that the parent or guardian of the minor is not in need of treatment or rehabilitation. (Amended by Stats. 1987, Ch. 1485, Sec. 50.)
391.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 12. Dependent Children—Modification of Juvenile Court Judgments and Orders [385 - 391] ( Article 12 added by Stats. 1976, Ch. 1068. )
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The county welfare department must report certain transition documents and services at key juvenile review hearings, and the court cannot end nonminor dependency jurisdiction without a hearing.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 12. Dependent Children—Modification of Juvenile Court Judgments and Orders [385 - 391] ( Article 12 added by Stats. 1976, Ch. 1068. ) ## 391. (a) (1) At the first regularly scheduled review hearing held pursuant to subdivision (d) of Section 366.3 after a dependent child has attained 16 years of age, the county welfare department shall submit a report verifying that the following information, documents, and services have been provided to the child: (A) Social security card, if provided to the child pursuant to paragraph (2). (B) Copy of the birth certificate. (C) Driver’s license, as described in Section 12500 of the Vehicle Code, or identification card, as described in Section 13000 of the Vehicle Code. (D) Assistance in obtaining employment, if applicable. (E) Assistance in applying for, or preparing to apply for, admission to college or to a vocational training program or other educational institution and in obtaining financial aid, where applicable. (F) Written information notifying the child that current or former dependent children who are or have been in foster care are granted a preference for student assistant or internship positions with state agencies pursuant to Section 18220 of the Government Code, or with participating county agencies pursuant to Section 31000.11 of the Government Code, until the child attains 26 years of age. (G) Written information notifying the child of any financial literacy programs or other available resources provided through the county or other community organizations to help the youth obtain financial literacy skills, including, but not limited to, banking, credit card debt, student loan debt, credit scores, credit history, and personal savings. (2) Except as required by subdivision (b), the child’s social security card may only be provided temporarily to the dependent child for the following purposes: (A) To enable the child to obtain employment. (B) To apply for admission to an institution of postsecondary education or a vocational training program. (C) To apply for financial aid. (D) To apply for or access public benefits. (E) As otherwise determined by the child’s caseworker, including, but not limited to, in response to a request from the child. (3) For purposes of this subdivision, a certified copy of the dependent child’s birth certificate shall be provided upon request of the child. (b) At the last regularly scheduled review hearing held pursuant to subdivision (d) of Section 366.3 before a dependent child attains 18 years of age, the county welfare department shall submit a report verifying that the following information, documents, and services have been provided to the minor or nonminor: (1) Social security card. (2) Certified copy of the birth certificate. (3) Driver’s license, as described in Section 12500 of the Vehicle Code, or identification card, as described in Section 13000 of the Vehicle Code. (4) Medi-Cal Benefits Identification Card. (5) A letter prepared by the county welfare department that includes the following information: (A) The minor’s or nonminor’s name and date of birth. (B) The dates during which the minor or nonminor was within the jurisdiction of the juvenile court. (C) A statement that the minor or nonminor was a foster youth in compliance with state and federal financial aid documentation requirements. (6) If applicable, the death certificate of the parent or parents. (7) If applicable, proof of the minor’s or nonminor’s citizenship or legal residence. (8) An advance health care directive form. (9) The Judicial Council form that the minor or nonminor would use to file a petition pursuant to subdivision (e) of Section 388 to resume dependency jurisdiction. (10) Written information notifying the minor or nonminor that they may be eligible to receive CalFresh benefits, and where the minor or nonminor can apply for CalFresh benefits. (c) At the last regularly scheduled review hearing held pursuant to subdivision (d) of Section 366.3 before a dependent child attains 18 years of age, and at every regularly scheduled review hearing thereafter, the county welfare department shall submit a report describing efforts toward providing the following information, documents, and services to the minor or nonminor: (1) Assistance in obtaining employment, if applicable. (2) Assistance in applying for, or preparing to apply for, admission to college or to a vocational training program or other educational institution and in obtaining financial aid, where applicable. (3) Written information notifying the child that a current or former dependent child who is or has been in foster care is granted a preference for student assistant or internship positions with state agencies pursuant to Section 18220 of the Government Code, or with participating county agencies pursuant to Section 31000.11 of the Government Code, until the child attains 26 years of age. (4) Written information notifying the child that youth exiting foster care at 18 years of age or older are eligible for Medi-Cal until they reach 26 years of age, regardless of income, and are not required to submit an application. (5) Written information notifying the child of any financial literacy programs or other available resources provided through the county or other community organizations to help the youth obtain financial literacy skills, including, but not limited to, banking, credit card debt, student loan debt, credit scores, credit history, and personal savings. (6) (A) If applicable, referrals to transitional housing, if available, or assistance in securing other housing. (B) Whether the referrals or assistance as described in subparagraph (A) have resulted in housing being secured for the minor or nonminor, and, if not, what, if any, different or additional referrals or assistance the department has provided that are intended to secure housing. (C) The duration of the housing, if known to the department. (D) If applicable, information, including summaries, describing additional referrals, assistance, or services provided by county departments or agencies other than the county welfare department that are intended to prevent the minor or nonminor from becoming homeless if jurisdiction is terminated pursuant to this section. (E) The information described in subparagraphs (B) to (D), inclusive, is required only for reports submitted at the last regularly scheduled review hearing held pursuant to subdivision (d) of Section 366.3 before a dependent child attains 18 years of age. (7) Assistance in maintaining relationships with individuals who are important to a minor or nonminor who has been in out-of-home placement for six months or longer from the date the minor or nonminor entered foster care, based on the minor’s or nonminor’s best interests. (8) The whereabouts of any siblings under the jurisdiction of the juvenile court, unless the court determines that sibling contact would jeopardize the safety or welfare of either sibling. (d) The dependency court shall not terminate jurisdiction over a nonminor unless a hearing is conducted pursuant to this section. At any hearing at which the court is considering terminating jurisdiction over a nonminor, the county welfare department shall do all of the following: (1) Ensure that the dependent nonminor is present in court, unless the nonminor does not wish to appear in court and elects a telephonic appearance, or document reasonable efforts made by the county welfare department to locate the nonminor when the nonminor is not available. (2) Submit a report describing whether it is in the nonminor’s best interests to remain under the court’s dependency jurisdiction, which includes a recommended transitional independent living case plan for the nonminor when the report describes continuing dependency jurisdiction as being in the nonminor’s best interest. (3) If the county welfare department recommends termination of the court’s dependency jurisdiction, submit documentation of the reasonable efforts made by the department to provide the nonminor with the assistance needed to meet or maintain eligibility as a nonminor dependent, as defined in paragraphs (1) to (5), inclusive, of subdivision (b) of Section 11403. (4) If the nonminor has indicated that they do not want dependency jurisdiction to continue, the report shall address the manner in which the nonminor was advised of their options, including the benefits of remaining in foster care, and of their right to reenter foster care and to file a petition pursuant to subdivision (e) of Section 388 to resume dependency jurisdiction prior to attaining 21 years of age. (e) (1) The court shall continue dependency jurisdiction over a nonminor who meets the definition of a nonminor dependent as described in subdivision (v) of Section 11400 unless the court finds either of the following: (A) That the nonminor does not wish to remain subject to dependency jurisdiction. (B) That the nonminor is not participating in a reasonable and appropriate transitional independent living case plan. (2) In making the findings pursuant to paragraph (1), the court shall also find that the nonminor has been informed of their options including the benefits of remaining in foster care and the right to reenter foster care by filing a petition pursuant to subdivision (e) of Section 388 to resume dependency jurisdiction and by completing a voluntary reentry agreement pursuant to subdivision (z) of Section 11400, and has had an opportunity to confer with their counsel if counsel has been appointed pursuant to Section 317. (f) The court may terminate its jurisdiction over a nonminor if the court finds after reasonable and documented efforts the nonminor cannot be located. (g) When terminating dependency jurisdiction, the court shall maintain general jurisdiction over the nonminor to allow for the filing of a petition to resume dependency jurisdiction under subdivision (e) of Section 388 until the nonminor attains 21 years of age, although no review proceedings shall be required. A nonminor may petition the court pursuant to subdivision (e) of Section 388 to resume dependency jurisdiction at any time before attaining 21 years of age. (h) The court shall not terminate dependency jurisdiction over a nonminor dependent who has attained 18 years of age until a hearing is conducted pursuant to this section. Jurisdiction shall not be terminated until the department has submitted a report verifying that the information, documents, and services required under subdivisions (a) and (b), as well as the following information, documents, and services, have been provided to the nonminor, or in the case of a nonminor who, after reasonable efforts by the county welfare department, cannot be located, verifying the efforts made to make the following available to the nonminor: (1) Assistance in accessing the Independent Living Aftercare Program in the nonminor’s county of residence, and, upon the nonminor’s request, assistance in completing a voluntary reentry agreement for care and placement pursuant to subdivision (z) of Section 11400 and in filing a petition pursuant to subdivision (e) of Section 388 to resume dependency jurisdiction. (2) Written information concerning the nonminor’s dependency case, including, but not limited to, all of the following: (A) Any known information regarding the nonminor’s Indian heritage or tribal connections. (B) The nonminor’s family history and placement history. (C) Any photographs of the nonminor or the family of the nonminor in the possession of the county welfare department, other than forensic photographs. (D) Directions on how to access the documents the nonminor is entitled to inspect under Section 827. (E) The written 90-day transition plan prepared pursuant to Section 16501.1. (F) The date on which the jurisdiction of the juvenile court would be terminated. (3) The health and education summary described in subdivision (a) of Section 16010. (4) The Judicial Council form that the nonminor would use to file a petition pursuant to subdivision (e) of Section 388 to resume dependency jurisdiction. (5) Written verification that the eligible nonminor is enrolled in Medi-Cal and the nonminor’s Medi-Cal Benefits Identification Card. (6) Continued and uninterrupted enrollment in Medi-Cal for eligible nonminors pursuant to Section 14005.28 or 14005.285. (7) Assistance with the following: (A) Referrals to transitional housing, if available, or assistance in securing other housing. (B) Obtaining employment or other financial support, if applicable. (8) The report described in this subdivision, as it relates to the assistance described in subparagraph (A) of paragraph (7), shall include the following: (A) Whether the referral or assistance has resulted in housing being secured for the minor or nonminor, and, if not, what, if any, different or additional assistance the department has provided that is intended to secure housing. (B) The duration of the housing, if known to the department. (C) If applicable, information, including summaries, describing additional referrals, assistance, or services provided by county departments or agencies other than the county welfare department that are intended to prevent the minor or nonminor from becoming homeless if jurisdiction is terminated pursuant to this section. (Amended by Stats. 2021, Ch. 524, Sec. 1.5. (AB 674) Effective January 1, 2022.)
395.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 13. Dependent Children—Appeals [395- 395.] ( Article 13 added by Stats. 1976, Ch. 1068. )
Verify source ↗

This section sets appeal rules for certain juvenile court cases and requires separate counsel for some children on appeal.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 13. Dependent Children—Appeals [395- 395.] ( Article 13 added by Stats. 1976, Ch. 1068. ) ## 395. (a) (1) A judgment in a proceeding under Section 300 may be appealed in the same manner as any final judgment, and any subsequent order may be appealed as an order after judgment. However, that order or judgment shall not be stayed by the appeal, unless, pending the appeal, suitable provision is made for the maintenance, care, and custody of the person alleged or found to come within the provisions of Section 300, and unless the provision is approved by an order of the juvenile court. The appeal shall have precedence over all other cases in the court to which the appeal is taken. (2) A judgment or subsequent order entered by a referee shall become appealable whenever proceedings pursuant to Section 252, 253, or 254 have become completed or, if proceedings pursuant to Section 252, 253, or 254 are not initiated, when the time for initiating the proceedings has expired. (3) An appellant unable to afford counsel, shall be provided a free copy of the transcript in any appeal. (4) The record shall be prepared and transmitted immediately after filing of the notice of appeal, without advance payment of fees. If the appellant is able to afford counsel, the county may seek reimbursement for the cost of the transcripts under subdivision (d) of Section 68511.3 of the Government Code as though the appellant had been granted permission to proceed in forma pauperis. (b) (1) In any appellate proceeding in which the child is an appellant, the court of appeal shall appoint separate counsel for the child. If the child is not an appellant, the court of appeal shall appoint separate counsel for the child if the court of appeal determines, after considering the recommendation of the trial counsel or guardian ad litem appointed for the child pursuant to subdivision (e) of Section 317, Section 326.5, and California Rule of Court 5.662, that appointment of counsel would benefit the child. In order to assist the court of appeal in making its determination under this subdivision, the trial counsel or guardian ad litem shall make a recommendation to the court of appeal that separate counsel be appointed in any case in which the trial counsel or guardian ad litem determines that, for the purposes of the appeal, the child’s best interests cannot be protected without the appointment of separate counsel, and shall set forth the reasons why the appointment is in the child’s best interests. The court of appeal shall consider that recommendation when determining whether the child would benefit from the appointment of counsel. The Judicial Council shall implement this provision by adopting a rule of court on or before July 1, 2007, to set forth the procedures by which the trial counsel or guardian ad litem may participate in an appeal, as well as the factors to be considered by the trial counsel or guardian ad litem in making a recommendation to the court of appeal, including, but not limited to, the extent to which there exists a potential conflict between the interests of the child and the interests of any respondent. (2) The Judicial Council shall report to the Legislature on or before July 1, 2008, information regarding the status of appellate representation of dependent children, the results of implementing this subdivision, any recommendations regarding the representation of dependent children in appellate proceedings made by the California Judicial Council’s Blue Ribbon Commission on Children in Foster Care, any actions taken, including rules of court proposed or adopted, in response to those recommendations or taken in order to comply with the Child Abuse Prevention and Treatment Act, as well as any recommendations for legislative change that are deemed necessary to protect the best interests of dependent children in appellate proceedings or ensure compliance with the Child Abuse Prevention and Treatment Act. (Amended by Stats. 2019, Ch. 497, Sec. 293. (AB 991) Effective January 1, 2020.)
396.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 13.5. Foster Care of Children [396 - 452] ( Article 13.5 added by Stats. 1980, Ch. 1229, Sec. 4. )
Verify source ↗

Foster care is described as a temporary form of care, children are said to have a right to a normal home life free from abuse, and the state is directed to try to support reunification or other permanent living arrangements when possible.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 13.5. Foster Care of Children [396 - 452] ( Article 13.5 added by Stats. 1980, Ch. 1229, Sec. 4. ) ## 396. It is the policy of the Legislature that foster care should be a temporary method of care for the children of this state, that children have a right to a normal home life free from abuse, that reunification with the natural parent or parents or another alternate permanent living situation such as adoption or guardianship is more suitable to a child’s well-being than is foster care, that this state has a responsibility to attempt to ensure that children are given the chance to have happy and healthy lives, and that, to the extent possible, the current practice of moving children receiving foster care services from one foster home to another until they reach the age of majority should be discontinued. (Amended by Stats. 1999, Ch. 620, Sec. 2. Effective January 1, 2000.)
397.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 13.5. Foster Care of Children [396 - 452] ( Article 13.5 added by Stats. 1980, Ch. 1229, Sec. 4. )
Verify source ↗

County welfare departments and probation departments must report foster care data to the State Department of Social Services in the format and frequency the department sets.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 13.5. Foster Care of Children [396 - 452] ( Article 13.5 added by Stats. 1980, Ch. 1229, Sec. 4. ) ## 397. In order to carry out the policy stated in Section 396, each county welfare department or probation department shall report to the State Department of Social Services, in the frequency and format determined by the department, foster care characteristic data and care information deemed essential by the department to establish a foster care information system. The report shall include, but not be limited to, elements that identify the factors necessitating foster care placement, the appropriateness of the placement, and the case goal or objective such as reunification, adoption, guardianship, or long-term foster care placement. (Added by Stats. 1980, Ch. 1229, Sec. 4.)
399.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 13.5. Foster Care of Children [396 - 452] ( Article 13.5 added by Stats. 1980, Ch. 1229, Sec. 4. )
Verify source ↗

A minor considered for foster home placement has the right to make a brief statement to the court.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 13.5. Foster Care of Children [396 - 452] ( Article 13.5 added by Stats. 1980, Ch. 1229, Sec. 4. ) ## 399. Any minor being considered for placement in a foster home shall have the right to make a brief statement to the court making a decision on placement. The court may disregard any preferences expressed by the minor. The minor’s right to make a statement shall not be limited to the initial placement, but shall continue for any proceedings concerning continued placement or a decision to return to parental custody. (Added by Stats. 1984, Ch. 317, Sec. 2.)
4.
## Welfare and Institutions Code - WIC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 369. )
Verify source ↗

Earlier-started actions or proceedings, and accrued rights, are not affected, but later procedure in those matters must conform to this code as far as possible.

## Welfare and Institutions Code - WIC ## GENERAL PROVISIONS ( General Provisions enacted by Stats. 1937, Ch. 369. ) ## 4. No action or proceeding commenced before this code takes effect, and no right accrued, is affected by the provisions of this code, but all procedure thereafter taken therein shall conform to the provisions of this code so far as possible. (Enacted by Stats. 1937, Ch. 369.)
400.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 13.5. Foster Care of Children [396 - 452] ( Article 13.5 added by Stats. 1980, Ch. 1229, Sec. 4. )
Verify source ↗

A county may start a foster care advocates program, and any participating county must pay the nonfederal implementation costs.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 13.5. Foster Care of Children [396 - 452] ( Article 13.5 added by Stats. 1980, Ch. 1229, Sec. 4. ) ## 400. Any county may institute a program of advocates for pupils in foster care placement. A participating county shall be responsible for the nonfederal costs of implementing the program. (Added by Stats. 1992, Ch. 811, Sec. 1. Effective January 1, 1993.)
4000.
## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. General [4000 - 4027] ( Heading of Chapter 1 added by Stats. 1978, Ch. 1393. )
Verify source ↗

This section establishes a State Department of State Hospitals within the California Health and Human Services Agency.

## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. General [4000 - 4027] ( Heading of Chapter 1 added by Stats. 1978, Ch. 1393. ) ## 4000. There is in the California Health and Human Services Agency a State Department of State Hospitals. (Amended by Stats. 2012, Ch. 24, Sec. 63. (AB 1470) Effective June 27, 2012.)
4001.
## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. General [4000 - 4027] ( Heading of Chapter 1 added by Stats. 1978, Ch. 1393. )
Verify source ↗

This section defines “state hospital” for this division as any hospital specified in Section 4100.

## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. General [4000 - 4027] ( Heading of Chapter 1 added by Stats. 1978, Ch. 1393. ) ## 4001. As used in this division “state hospital” means any hospital specified in Section 4100. (Amended by Stats. 2012, Ch. 24, Sec. 64. (AB 1470) Effective June 27, 2012.)
4004.
## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. General [4000 - 4027] ( Heading of Chapter 1 added by Stats. 1978, Ch. 1393. )
Verify source ↗

The department is placed under the control of the Director of State Hospitals.

## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. General [4000 - 4027] ( Heading of Chapter 1 added by Stats. 1978, Ch. 1393. ) ## 4004. The department is under the control of an executive officer known as the Director of State Hospitals. (Amended by Stats. 2012, Ch. 24, Sec. 65. (AB 1470) Effective June 27, 2012.)
4005.
## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. General [4000 - 4027] ( Heading of Chapter 1 added by Stats. 1978, Ch. 1393. )
Verify source ↗

The Governor appoints the Director of State Hospitals with Senate consent, and may appoint a chief deputy director on the director’s recommendation.

## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. General [4000 - 4027] ( Heading of Chapter 1 added by Stats. 1978, Ch. 1393. ) ## 4005. With the consent of the Senate, the Governor shall appoint, to serve at his or her pleasure, the Director of State Hospitals. He or she shall have the powers of a head of a department pursuant to Chapter 2 (commencing with Section 11150), Part 1, Division 3, Title 2 of the Government Code, and shall receive the salary provided for by Chapter 6 (commencing with Section 11550), Part 1, Division 3, Title 2 of the Government Code. Upon recommendation of the director, the Governor may appoint a chief deputy director of the department who shall hold office at the pleasure of the Governor. The salary of the chief deputy director shall be fixed in accordance with law. (Amended by Stats. 2012, Ch. 24, Sec. 66. (AB 1470) Effective June 27, 2012.)
4005.1.
## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. General [4000 - 4027] ( Heading of Chapter 1 added by Stats. 1978, Ch. 1393. )
Verify source ↗

Three state departments may adopt and enforce rules and regulations needed to carry out their duties under this division.

## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. General [4000 - 4027] ( Heading of Chapter 1 added by Stats. 1978, Ch. 1393. ) ## 4005.1. The State Department of State Hospitals, the State Department of Health Care Services, and the State Department of Social Services may adopt and enforce rules and regulations necessary to carry out their respective duties under this division. (Amended by Stats. 2012, Ch. 34, Sec. 42. (SB 1009) Effective June 27, 2012.)
4005.4.
## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. General [4000 - 4027] ( Heading of Chapter 1 added by Stats. 1978, Ch. 1393. )
Verify source ↗

Existing Health Department regulations stay in force and enforceable until the Director of Mental Health readopts, amends, or repeals them.

## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. General [4000 - 4027] ( Heading of Chapter 1 added by Stats. 1978, Ch. 1393. ) ## 4005.4. All regulations heretofore adopted by the State Department of Health pursuant to authority now vested in the State Department of Mental Health by Section 4005.1 and in effect immediately preceding the operative date of this section, shall remain in effect and shall be fully enforceable unless and until readopted, amended or repealed by the Director of Mental Health. (Amended by Stats. 1978, Ch. 429.)
4005.5.
## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. General [4000 - 4027] ( Heading of Chapter 1 added by Stats. 1978, Ch. 1393. )
Verify source ↗

Existing state hospital regulations stay in force and remain enforceable unless the Director of State Hospitals readopts, amends, or repeals them.

## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. General [4000 - 4027] ( Heading of Chapter 1 added by Stats. 1978, Ch. 1393. ) ## 4005.5. All regulations relating to state hospitals previously adopted by the State Department of Mental Health pursuant to authority now vested in the State Department of State Hospitals by Section 4005.1 and in effect immediately preceding the operative date of this section, shall remain in effect and shall be fully enforceable unless and until readopted, amended, or repealed by the Director of State Hospitals. (Added by Stats. 2012, Ch. 24, Sec. 67. (AB 1470) Effective June 27, 2012.)
4005.6.
## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. General [4000 - 4027] ( Heading of Chapter 1 added by Stats. 1978, Ch. 1393. )
Verify source ↗

Previously adopted mental health regulations stay in force and enforceable until the Director of Health Care Services readopts, amends, or repeals them.

## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. General [4000 - 4027] ( Heading of Chapter 1 added by Stats. 1978, Ch. 1393. ) ## 4005.6. All regulations heretofore adopted by the State Department of Mental Health pursuant to authority vested in the State Department of Health Care Services by Section 4005.1 and in effect immediately preceding the operative date of the act that added this section shall remain in effect and shall be fully enforceable unless and until readopted, amended, or repealed by the Director of Health Care Services. (Added by Stats. 2012, Ch. 34, Sec. 43. (SB 1009) Effective June 27, 2012.)
4005.7.
## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. General [4000 - 4027] ( Heading of Chapter 1 added by Stats. 1978, Ch. 1393. )
Verify source ↗

Existing Mental Health Department regulations covered by this section stay in force and enforceable until the Director of Health Care Services changes or repeals them.

## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. General [4000 - 4027] ( Heading of Chapter 1 added by Stats. 1978, Ch. 1393. ) ## 4005.7. All regulations heretofore adopted by the State Department of Mental Health, and its successor, pursuant to authority vested in the State Department of Health Care Services by Section 4005.1 and in effect immediately preceding the operative date of the act that amended this section in the first year of the 2013–14 Regular Session shall remain in effect and shall be fully enforceable unless and until readopted, amended, or repealed by the Director of Health Care Services. (Amended by Stats. 2013, Ch. 23, Sec. 29. (AB 82) Effective June 27, 2013.)
4005.8.
## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. General [4000 - 4027] ( Heading of Chapter 1 added by Stats. 1978, Ch. 1393. )
Verify source ↗

The Deputy Director of the Office of Protective Services oversees protective service components at state hospitals and must meet specified law-enforcement and management qualifications. A referenced title, “Chief of the Office of Protective Services,” means that Deputy Director.

## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. General [4000 - 4027] ( Heading of Chapter 1 added by Stats. 1978, Ch. 1393. ) ## 4005.8. (a) The Deputy Director of the Office of Protective Services of the State Department of State Hospitals has oversight of all protective service components within the department’s law enforcement and fire protection services, including those at each state hospital. The deputy director shall be an experienced law enforcement officer who has completed the management training course prescribed by the Commission on Peace Officer Standards and Training, with extensive management experience directing uniformed peace officers and investigation officers. (b) Wherever the term “Chief of the Office of Protective Services” is used in reference to the State Department of State Hospitals, the term shall be deemed to mean the Deputy Director of the Office of Protective Services of the State Department of State Hospitals. (Added by Stats. 2018, Ch. 424, Sec. 6. (SB 1495) Effective January 1, 2019.)
4006.
## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. General [4000 - 4027] ( Heading of Chapter 1 added by Stats. 1978, Ch. 1393. )
Verify source ↗

The director may accept certain grants or gifts, but only with Department of Finance approval and only for work that furthers the State Department of State Hospitals.

## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. General [4000 - 4027] ( Heading of Chapter 1 added by Stats. 1978, Ch. 1393. ) ## 4006. With the approval of the Department of Finance and for use in the furtherance of the work of the State Department of State Hospitals, the director may accept any or all of the following: (a) Grants of interest in real property. (b) Grants of money received by this state from the United States, the expenditure of which is administered through or under the direction of any department of this state. (c) Gifts of money from public agencies or from persons, organizations, or associations interested in the scientific, educational, charitable, or mental health fields. (Amended by Stats. 2012, Ch. 24, Sec. 68. (AB 1470) Effective June 27, 2012.)
4007.
## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. General [4000 - 4027] ( Heading of Chapter 1 added by Stats. 1978, Ch. 1393. )
Verify source ↗

The department may spend money made available to it, as allowed by law, for its own use or for administering statutes it administers.

## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. General [4000 - 4027] ( Heading of Chapter 1 added by Stats. 1978, Ch. 1393. ) ## 4007. The department may expend in accordance with law all money now or hereafter made available for its use, or for the administration of any statute administered by the department. (Repealed and added by Stats. 1967, Ch. 1667.)
4008.
## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. General [4000 - 4027] ( Heading of Chapter 1 added by Stats. 1978, Ch. 1393. )
Verify source ↗

The department may use money for actual and necessary travel expenses for certain officers and employees on official business, and those travelers are entitled to those expenses only with the required approval.

## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. General [4000 - 4027] ( Heading of Chapter 1 added by Stats. 1978, Ch. 1393. ) ## 4008. (a) The department may expend money in accordance with law for the actual and necessary travel expenses of officers and employees of the department who are authorized to absent themselves from the State of California on official business. (b) For the purposes of this section and of Sections 11030 and 11032 of the Government Code, the following constitutes, among other purposes, official business for officers and employees of the department for which these officers and employees shall be allowed actual and necessary traveling expenses when incurred either in or out of this state upon approval of the Governor and Director of Finance: (1) Attending meetings of any national or regional association or organization having as its principal purpose the study of matters relating to the care and treatment of mentally ill persons. (2) Conferring with officers or employees of the United States or other states, relative to problems of institutional care, treatment or management. (3) Obtaining information from organizations, associations, or persons described in paragraphs (1) and (2) which would be useful in the conduct of the activities of the State Department of State Hospitals. (Amended by Stats. 2012, Ch. 24, Sec. 69. (AB 1470) Effective June 27, 2012.)
4009.
## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. General [4000 - 4027] ( Heading of Chapter 1 added by Stats. 1978, Ch. 1393. )
Verify source ↗

The department may appoint employees it considers necessary and set their compensation, but must follow civil service laws.

## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. General [4000 - 4027] ( Heading of Chapter 1 added by Stats. 1978, Ch. 1393. ) ## 4009. The department may appoint and fix the compensation of such employees as it deems necessary, subject to the laws governing civil service. (Repealed and added by Stats. 1967, Ch. 1667.)
401.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 13.5. Foster Care of Children [396 - 452] ( Article 13.5 added by Stats. 1980, Ch. 1229, Sec. 4. )
Verify source ↗

The program must use educational advocates to help children in foster care with school matters, and advocates must follow confidentiality rules.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 13.5. Foster Care of Children [396 - 452] ( Article 13.5 added by Stats. 1980, Ch. 1229, Sec. 4. ) ## 401. The program shall utilize educational advocates to assist children in foster care through the educational system. To the extent possible, an advocate shall reflect the same racial or ethnic identification as the pupil being assisted. The educational advocates shall be required to comply with all statutory and regulatory provisions regarding standards of confidentiality that are applicable to children of schoolage who have been placed in foster care. The responsibilities of an advocate shall include at least the following duties: (a) Facilitating the school enrollment of pupils in foster care. (b) Locating a pupil’s transcripts, immunization and school health records, individual education plans, and having these documents sent to the school to which the child is applying for enrollment, and to the department so that the information can be included in the child’s health and education passport. (c) Educating foster parents regarding how to enroll the pupil in school and what educational services are available. (Added by Stats. 1992, Ch. 811, Sec. 2. Effective January 1, 1993.)
4010.
## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. General [4000 - 4027] ( Heading of Chapter 1 added by Stats. 1978, Ch. 1393. )
Verify source ↗

Except where this chapter says otherwise, Government Code rules about state officers and departments apply to the State Department of State Hospitals.

## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. General [4000 - 4027] ( Heading of Chapter 1 added by Stats. 1978, Ch. 1393. ) ## 4010. Except as in this chapter otherwise prescribed, the provisions of the Government Code relating to state officers and departments shall apply to the State Department of State Hospitals. (Amended by Stats. 2012, Ch. 24, Sec. 70. (AB 1470) Effective June 27, 2012.)
4011.
## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. General [4000 - 4027] ( Heading of Chapter 1 added by Stats. 1978, Ch. 1393. )
Verify source ↗

This section gives the two state departments jurisdiction over certain mental health laws and defines “establishment” and “institution” broadly.

## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. General [4000 - 4027] ( Heading of Chapter 1 added by Stats. 1978, Ch. 1393. ) ## 4011. (a) The State Department of Health Care Services has jurisdiction over the execution of the laws relating to the care, custody, and treatment of persons with mental health disorders only to the extent and in the manner provided in this code. The State Department of State Hospitals shall have jurisdiction over the execution of the laws relating to care and treatment of persons with mental health disorders under the custody of the State Department of State Hospitals. (b) As used in this division, “establishment” and “institution” include every hospital, boarding home, or other place receiving or caring for persons with mental health disorders. (Amended by Stats. 2014, Ch. 144, Sec. 59. (AB 1847) Effective January 1, 2015.)
4011.5.
## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. General [4000 - 4027] ( Heading of Chapter 1 added by Stats. 1978, Ch. 1393. )
Verify source ↗

In counties with state hospitals, the state hospitals must provide eligible residents with appropriate special education and related services.

## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. General [4000 - 4027] ( Heading of Chapter 1 added by Stats. 1978, Ch. 1393. ) ## 4011.5. In counties where hospitals under the jurisdiction of the State Department of State Hospitals are located, the state hospitals shall ensure that appropriate special education and related services, pursuant to Chapter 8 (commencing with Section 56850) of Part 30 of Division 4 of Title 2 of the Education Code, are provided eligible individuals with exceptional needs residing in state hospitals. (Amended by Stats. 2012, Ch. 24, Sec. 71. (AB 1470) Effective June 27, 2012.)
4012.
## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. General [4000 - 4027] ( Heading of Chapter 1 added by Stats. 1978, Ch. 1393. )
Verify source ↗

The listed state departments may carry out mental-health information, advisory, coordination, and outreach activities.

## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. General [4000 - 4027] ( Heading of Chapter 1 added by Stats. 1978, Ch. 1393. ) ## 4012. The State Department of State Hospitals, the State Department of Health Care Services, and other departments as necessary, may: (a) Disseminate educational information relating to the prevention, diagnosis, and treatment of mental illness. (b) Upon request, advise a public officer, organization, or agency interested in the mental health of the people of the state. (c) Conduct such educational and related work as will tend to encourage the development of proper mental health facilities throughout the state. (d) Coordinate state activities involving other departments whose actions affect a person with a mental health condition. (e) Coordinate with, and provide information to, other states and national organizations, on issues involving mental health. (f) Disseminate information and federal and private foundation funding opportunities to a county or city that administers mental health programs. (Amended by Stats. 2024, Ch. 948, Sec. 1. (AB 2119) Effective January 1, 2025.)
4012.5.
## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. General [4000 - 4027] ( Heading of Chapter 1 added by Stats. 1978, Ch. 1393. )
Verify source ↗

The State Department of State Hospitals may contract for psychiatric, medical, and other necessary aftercare services for certain committed patients on leave from state hospitals.

## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. General [4000 - 4027] ( Heading of Chapter 1 added by Stats. 1978, Ch. 1393. ) ## 4012.5. The State Department of State Hospitals may obtain psychiatric, medical and other necessary aftercare services for judicially committed patients on leave of absence from state hospitals by contracting with any city, county, local health district, or other public officer or agency, or with any private person or agency to furnish such services to patients in or near the home community of the patient. Any city, county, local health district, or other public officer or agency authorized by law to provide mental health and aftercare services is authorized to enter such contracts. (Amended by Stats. 2012, Ch. 24, Sec. 73. (AB 1470) Effective June 27, 2012.)
4015.
## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. General [4000 - 4027] ( Heading of Chapter 1 added by Stats. 1978, Ch. 1393. )
Verify source ↗

The State Department of State Hospitals must carry out inventories, work with the California Memorial Project, establish a task force, avoid unplanned grave-site structural changes, and seek funding for restoration work.

## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. General [4000 - 4027] ( Heading of Chapter 1 added by Stats. 1978, Ch. 1393. ) ## 4015. (a) The State Department of State Hospitals shall, in coordination with the task force described in subdivision (c) and with other state entities, including, but not limited to, the Department of General Services, the State Department of Developmental Services, the Secretary of State, and the California State Library, do all of the following: (1) Conduct and complete inventories of all of the following: (A) All materials and records necessary to create the most complete record of persons who died while residing at any state hospital as defined in Section 7200, or any developmental center as defined in Section 4440. (B) Within existing resources, identify the location of all gravesites at existing state hospitals and developmental center lands and of gravesites not located on state lands but designated by the state for burial of state hospital or developmental center residents. This shall include the location of remains that may have been moved from their original burial site and the location of grave markers that may have been moved from gravesites. (C) Within existing resources, identify the names of patients whose remains were donated for medical research, the entity to which the remains were donated, and the final disposition of those remains. (2) Assist and cooperate with the California Memorial Project in conducting research regarding the records of deaths and burials of persons at state hospitals and developmental centers and cemeteries based on the grounds of these facilities. This assistance shall, subject to paragraph (3), include the granting of access to those state records as necessary to perform the inventories described in this section. (3) Notwithstanding Sections 4514 and 5328 or any other provision of law regarding confidentiality of patient records, the information described in this section shall be limited to the name, date of birth, date of death, and photographic images of any person who died while in residency at any state hospital or developmental center and shall be made available for the purposes of the implementation of this section. The exportation and use of these records or photographic images from state facilities shall be limited to the information delineated within, and the purposes of, this section. (4) Assist the California Memorial Project in developing a plan for the restoration of gravesites and cemeteries at state hospitals and developmental centers and gravesites not located on state lands but designated by the state for burial of state hospital or developmental center residents. (5) Notwithstanding Sections 4514 and 5328 or any other provision of law governing the confidentiality of patient records, with respect to any monument or memorial erected consistent with this section, the department may include, if available, the name, date of birth, and date of death, of any person being memorialized who died while in residency at a state hospital or developmental center and who was buried by the state. (6) Develop a protocol for the future interment of patients who die while residing at a state hospital or developmental center and are unclaimed by a family member. (b) The department may develop a protocol to coordinate the efforts of the state entities described in subdivision (a). (c) (1) The department shall establish a task force to provide leadership and direction in carrying out the activities described in this section. The task force shall consist of representatives selected by each of the following entities: (A) The Peer Self-Advocacy Unit of Disability Rights California. (B) California Network of Mental Health Clients. (C) Capitol People First. (2) To the extent that funding is available, task force members shall be reimbursed for necessary travel expenses associated with serving on the task force. When requested by a task force member with a disability, the state shall pay the cost of a facilitator chosen by the task force member. (d) In implementing this section, the state shall make no structural changes to existing gravesites on state hospital or developmental center lands prior to the submission of, and which do not conform with, the restoration plan described in paragraph (4) of subdivision (a). (e) Pursuant to the plan described in paragraph (4) of subdivision (a), the department shall seek funding for this section from the California Cultural and Historical Endowment, in addition to any other resources that may be available to the department, excluding General Fund moneys, to restore, preserve, and memorialize the gravesite located at Napa State Hospital. (Amended by Stats. 2012, Ch. 24, Sec. 74. (AB 1470) Effective June 27, 2012.)
4016.
## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. General [4000 - 4027] ( Heading of Chapter 1 added by Stats. 1978, Ch. 1393. )
Verify source ↗

People confined in places where someone with a mental health disorder may be involuntarily held must be allowed to access, examine, or inspect copies of this code.

## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. General [4000 - 4027] ( Heading of Chapter 1 added by Stats. 1978, Ch. 1393. ) ## 4016. In every place in which a person with a mental health disorder may be involuntarily held, the persons confined therein shall be permitted access to, and examination or inspection of, copies of this code. (Amended by Stats. 2014, Ch. 144, Sec. 60. (AB 1847) Effective January 1, 2015.)
4017.
## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. General [4000 - 4027] ( Heading of Chapter 1 added by Stats. 1978, Ch. 1393. )
Verify source ↗

The department may give information to the Controller, distribute certain resources to counties acting jointly, and contract with counties for funded services.

## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. General [4000 - 4027] ( Heading of Chapter 1 added by Stats. 1978, Ch. 1393. ) ## 4017. (a) The department may provide information to the Controller to guide distribution of resources dedicated for mental health services under Chapter 6 (commencing with Section 17600) of Part 5 of Division 9, and may distribute to a county or combination of counties acting jointly resources described in Part 2 (commencing with Section 5600) of Division 5, pursuant to Section 5701. (b) The department may contract with a county or combination of counties for services described in this division and Division 5 (commencing with Section 5000), to the extent that those services are funded directly by the department. (Amended by Stats. 1991, Ch. 611, Sec. 16. Effective October 7, 1991.)
402.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 13.5. Foster Care of Children [396 - 452] ( Article 13.5 added by Stats. 1980, Ch. 1229, Sec. 4. )
Verify source ↗

The state must hold participating advocates and counties harmless when they act in their official capacity, except for wanton, reckless, or malicious acts or omissions.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 13.5. Foster Care of Children [396 - 452] ( Article 13.5 added by Stats. 1980, Ch. 1229, Sec. 4. ) ## 402. An advocate and a county participating in this program shall be held harmless by the state when acting in their official capacity except for acts or omissions that are found to have been wanton, reckless, or malicious. (Added by Stats. 1992, Ch. 811, Sec. 3. Effective January 1, 1993.)
4021.
## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. General [4000 - 4027] ( Heading of Chapter 1 added by Stats. 1978, Ch. 1393. )
Verify source ↗

The department may investigate suspected mistreatment or inadequate care of a detained person with a mental health disorder, use compulsory process, exercise referee-like powers, and make care orders; in certain investigations, it may notify the Attorney General, who must appear and assist.

## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. General [4000 - 4027] ( Heading of Chapter 1 added by Stats. 1978, Ch. 1393. ) ## 4021. (a) When the department has reason to believe that a person held in custody as having a mental health disorder is wrongfully deprived of his or her liberty, or is cruelly or negligently treated, or that inadequate provision is made for the skillful medical care, proper supervision, and safekeeping of that person, it may ascertain the facts. It may issue compulsory process for the attendance of witnesses and the production of papers, and may exercise the powers conferred upon a referee in a superior court. It may make such orders for the care and treatment of such person as it deems proper. (b) Whenever the department undertakes an investigation into the general management and administration of an establishment or place of detention for persons with mental health disorders, it may give notice of that investigation to the Attorney General, who shall appear personally or by deputy, to examine witnesses in attendance and to assist the department in the exercise of the powers conferred upon it in this code. (Amended by Stats. 2014, Ch. 144, Sec. 61. (AB 1847) Effective January 1, 2015.)
4022.
## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. General [4000 - 4027] ( Heading of Chapter 1 added by Stats. 1978, Ch. 1393. )
Verify source ↗

The department may require a complaint to be written and sworn before it examines it, and it must have the complaint and investigation notice served on the hospital or institution authorities or the person complained about.

## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. General [4000 - 4027] ( Heading of Chapter 1 added by Stats. 1978, Ch. 1393. ) ## 4022. When complaint is made to the department regarding the officers or management of a hospital or institution for persons with mental health disorders, or regarding the management of a person detained therein or regarding a person held in custody as having a mental health disorder, the department may, before making an examination regarding the complaint, require it to be made in writing and sworn to before an officer authorized to administer oaths. On receipt of such a complaint, sworn to if so required, the department shall direct that a copy of the complaint be served on the authorities of the hospital or institution or the person against whom complaint is made, together with notice of the time and place of the investigation, as the department directs. (Amended by Stats. 2014, Ch. 144, Sec. 62. (AB 1847) Effective January 1, 2015.)
4023.
## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. General [4000 - 4027] ( Heading of Chapter 1 added by Stats. 1978, Ch. 1393. )
Verify source ↗

The State Department of State Hospitals must report certain incidents involving a resident of a state mental hospital to the agency in Section 4900.

## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. General [4000 - 4027] ( Heading of Chapter 1 added by Stats. 1978, Ch. 1393. ) ## 4023. (a) The State Department of State Hospitals shall report to the agency described in subdivision (i) of Section 4900 the following incidents involving a resident of a state mental hospital: (1) Any unexpected or suspicious death, regardless of whether the cause is immediately known. (2) Any allegation of sexual assault, as defined in Section 15610.63, in which the alleged perpetrator is an employee or contractor of a state mental hospital or of the Department of Corrections and Rehabilitation. (3) Any report made to the local law enforcement agency in the jurisdiction in which the facility is located that involves physical abuse, as defined in Section 15610.63, in which a staff member is implicated. (b) A report pursuant to this section shall be made no later than the close of the first business day following the discovery of the reportable incident. (Added by Stats. 2012, Ch. 660, Sec. 1. (SB 1051) Effective September 27, 2012.)
4023.6.
## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. General [4000 - 4027] ( Heading of Chapter 1 added by Stats. 1978, Ch. 1393. )
Verify source ↗

The Office of Law Enforcement Support must investigate certain incidents at developmental centers and state hospitals, and facility protective services must report qualifying incidents immediately. The office must also consult specified stakeholders before adopting related policies and procedures.

## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. General [4000 - 4027] ( Heading of Chapter 1 added by Stats. 1978, Ch. 1393. ) ## 4023.6. (a) The Office of Law Enforcement Support within the California Health and Human Services Agency shall investigate both of the following: (1) Any incident at a developmental center or state hospital that involves developmental center or state hospital law enforcement personnel and that meets the criteria in Section 4023 or 4427.5, or alleges serious misconduct by law enforcement personnel. (2) Any incident at a developmental center or state hospital that the Chief of the Office of Law Enforcement Support, the Secretary of the California Health and Human Services Agency, or the Undersecretary of the California Health and Human Services Agency directs the office to investigate. (b) All incidents that meet the criteria of Section 4023 or 4427.5 shall be reported immediately to the Chief of the Office of Law Enforcement Support by the Chief of the facility’s Office of Protective Services. (c) (1) Before adopting policies and procedures related to fulfilling the requirements of this section related to the Developmental Centers Division of the State Department of Developmental Services, the Office of Law Enforcement Support shall consult with the executive director of the protection and advocacy agency established by Section 4901, or his or her designee; the Executive Director of the Association of Regional Center Agencies, or his or her designee; and other advocates, including persons with developmental disabilities and their family members, on the unique characteristics of the persons residing in the developmental centers and the training needs of the staff who will be assigned to this unit. (2) Before adopting policies and procedures related to fulfilling the requirements of this section related to the State Department of State Hospitals, the Office of Law Enforcement Support shall consult with the executive director of the protection and advocacy agency established by Section 4901, or his or her designee, and other advocates, including persons with mental health disabilities, former state hospital residents, and their family members. (Added by Stats. 2015, Ch. 26, Sec. 44. (SB 85) Effective June 24, 2015.)
4023.7.
## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. General [4000 - 4027] ( Heading of Chapter 1 added by Stats. 1978, Ch. 1393. )
Verify source ↗

The Office of Law Enforcement Support must oversee certain investigations and, after review, prepare a confidential written incident report.

## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. General [4000 - 4027] ( Heading of Chapter 1 added by Stats. 1978, Ch. 1393. ) ## 4023.7. (a) The Office of Law Enforcement Support shall be responsible for contemporaneous oversight of investigations that (1) are conducted by the State Department of State Hospitals and involve an incident that meets the criteria of Section 4023, and (2) are conducted by the State Department of Developmental Services and involve an incident that meets the criteria of Section 4427.5. (b) Upon completion of a review, the Office of Law Enforcement Support shall prepare a written incident report, which shall be held as confidential. (Added by Stats. 2015, Ch. 26, Sec. 45. (SB 85) Effective June 24, 2015.)
4023.8.
## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. General [4000 - 4027] ( Heading of Chapter 1 added by Stats. 1978, Ch. 1393. )
Verify source ↗

The Office of Law Enforcement Support must issue semiannual reports starting October 1, 2016, and make them public.

## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. General [4000 - 4027] ( Heading of Chapter 1 added by Stats. 1978, Ch. 1393. ) ## 4023.8. (a) (1) Commencing October 1, 2016, the Office of Law Enforcement Support shall issue regular reports, no less than semiannually, to the Governor, the appropriate policy and budget committees of the Legislature, and the Joint Legislative Budget Committee, summarizing the investigations it conducted pursuant to Section 4023.6 and its oversight of investigations pursuant to Section 4023.7. Reports encompassing data from January through June, inclusive, shall be made on October 1 of each year, and reports encompassing data from July to December, inclusive, shall be made on March 1 of each year. (2) The reports required by paragraph (1) shall include, but not be limited to, all of the following: (A) The number, type, and disposition of investigations of incidents. (B) A synopsis of each investigation reviewed by the Office of Law Enforcement Support. (C) An assessment of the quality of each investigation, the appropriateness of any disciplinary actions, the Office of Law Enforcement Support’s recommendations regarding the disposition in the case and the level of disciplinary action, and the degree to which the agency’s authorities agreed with the Office of Law Enforcement Support’s recommendations regarding disposition and level of discipline. (D) The report of any settlement and whether the Office of Law Enforcement Support concurred with the settlement. (E) The extent to which any disciplinary action was modified after imposition. (F) Timeliness of investigations and completion of investigation reports. (G) The number of reports made to an individual’s licensing board, including, but not limited to, the Medical Board of California, the Board of Registered Nursing, the Board of Vocational Nursing and Psychiatric Technicians of the State of California, or the California State Board of Pharmacy, in cases involving serious or criminal misconduct by the individual. (H) The number of investigations referred for criminal prosecution and employee disciplinary action and the outcomes of those cases. (I) The adequacy of the State Department of State Hospitals’ and the Developmental Centers Division of the State Department of Developmental Services’ systems for tracking patterns and monitoring investigation outcomes and employee compliance with training requirements. (3) The reports required by paragraph (1) shall be in a form that does not identify the agency employees involved in the alleged misconduct. (4) The reports required by paragraph (1) shall be posted on the Office of Law Enforcement Support’s Internet Web site and otherwise made available to the public upon their release to the Governor and the Legislature. (b) The protection and advocacy agency established by Section 4901 shall have access to the reports issued pursuant to paragraph (1) of subdivision (a) and all supporting materials except personnel records. (Added by Stats. 2015, Ch. 26, Sec. 46. (SB 85) Effective June 24, 2015.)
4024.
## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. General [4000 - 4027] ( Heading of Chapter 1 added by Stats. 1978, Ch. 1393. )
Verify source ↗

The State Department of State Hospitals must submit staffing and population reports to the Department of Finance on a July and quarterly schedule, with additional January 1 and May 1 submissions and required analysis when population changes are 50 or more.

## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. General [4000 - 4027] ( Heading of Chapter 1 added by Stats. 1978, Ch. 1393. ) ## 4024. The State Department of State Hospitals proposed allocations for level-of-care staffing in state hospitals that serve persons with mental disabilities shall be submitted to the Department of Finance for review and approval in July and again on a quarterly basis. Each quarterly report shall include an analysis of client characteristics of admissions and discharges in addition to information on any changes in characteristics of current residents. The State Department of State Hospitals shall submit by January 1 and May 1 to the Department of Finance for its approval: (a) all assumptions underlying estimates of state hospital mentally disabled population; and (b) a comparison of the actual and estimated population levels for the year to date. If the actual population differs from the estimated population by 50 or more, the department shall include in its reports an analysis of the causes of the change and the fiscal impact. The Department of Finance shall approve or modify the assumptions underlying all population estimates within 15 working days of their submission. If the Department of Finance does not approve or modify the assumptions by that date, the assumptions, as presented by the submitting department, shall be deemed to be accepted by the Department of Finance as of that date. (Amended by Stats. 2013, Ch. 275, Sec. 9. (AB 1420) Effective January 1, 2014.)
4024.7.
## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. General [4000 - 4027] ( Heading of Chapter 1 added by Stats. 1978, Ch. 1393. )
Verify source ↗

The Governor or the Director of Health Care Services must appoint a Deputy Director of Mental Health and Substance Use Disorder Services, subject to Senate confirmation.

## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. General [4000 - 4027] ( Heading of Chapter 1 added by Stats. 1978, Ch. 1393. ) ## 4024.7. The Governor or the Director of Health Care Services shall appoint, subject to confirmation by the Senate, a Deputy Director of Mental Health and Substance Use Disorder Services of the State Department of Health Care Services. The salary for the deputy director shall be fixed in accordance with law. (Added by Stats. 2012, Ch. 23, Sec. 47. (AB 1467) Effective June 27, 2012.)
4025.
## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. General [4000 - 4027] ( Heading of Chapter 1 added by Stats. 1978, Ch. 1393. )
Verify source ↗

The department’s charges for patient care and treatment in its facilities cannot exceed actual cost, as determined by the director using standard accounting practices.

## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. General [4000 - 4027] ( Heading of Chapter 1 added by Stats. 1978, Ch. 1393. ) ## 4025. Charges made by the department for the care and treatment of each patient in a facility maintained by the department shall not exceed the actual cost thereof as determined by the director in accordance with standard accounting practices. The director is not prohibited from including the amount of expenditures for capital outlay or the interest thereon, or both, in his determination of actual cost. As used in this section, the terms “care” and “care and treatment” include care, treatment, support, maintenance, and other services rendered by the department to a patient in the state hospital or other facility maintained by or under the jurisdiction of the department. (Added by Stats. 1968, Ch. 1374.)
4027.
## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. General [4000 - 4027] ( Heading of Chapter 1 added by Stats. 1978, Ch. 1393. )
Verify source ↗

The State Department of State Hospitals may adopt regulations on patients’ rights and related procedures for certain inpatient treatment settings.

## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 1. General [4000 - 4027] ( Heading of Chapter 1 added by Stats. 1978, Ch. 1393. ) ## 4027. The State Department of State Hospitals may adopt regulations concerning patients’ rights and related procedures applicable to the inpatient treatment of mentally ill offenders receiving treatment pursuant to Sections 1026, 1026.2, 1364, 1370, 1610, and 2684 of the Penal Code, Section 1756 of this code, persons receiving treatment as mentally disordered sex offenders, and inmates of jail psychiatric units. (Amended by Stats. 2012, Ch. 24, Sec. 76. (AB 1470) Effective June 27, 2012.)
403.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 13.5. Foster Care of Children [396 - 452] ( Article 13.5 added by Stats. 1980, Ch. 1229, Sec. 4. )
Verify source ↗

An advocate must not be assigned to help a foster care minor who has been appointed a surrogate parent.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 13.5. Foster Care of Children [396 - 452] ( Article 13.5 added by Stats. 1980, Ch. 1229, Sec. 4. ) ## 403. An advocate shall not be assigned to assist any minor in foster care placement who has been appointed a surrogate parent. (Added by Stats. 1992, Ch. 811, Sec. 4. Effective January 1, 1993.)
404.
## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 13.5. Foster Care of Children [396 - 452] ( Article 13.5 added by Stats. 1980, Ch. 1229, Sec. 4. )
Verify source ↗

A school district with a foster youth services program may not participate in the program authorized by this chapter.

## Welfare and Institutions Code - WIC ## DIVISION 2. CHILDREN [100 - 1500] ( Division 2 enacted by Stats. 1937, Ch. 369. ) ## PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT [100 - 1459] ( Part 1 enacted by Stats. 1937, Ch. 369. ) ## CHAPTER 2. Juvenile Court Law [200 - 987] ( Chapter 2 repealed and added by Stats. 1961, Ch. 1616. ) ## ARTICLE 13.5. Foster Care of Children [396 - 452] ( Article 13.5 added by Stats. 1980, Ch. 1229, Sec. 4. ) ## 404. Any school district that has a foster youth services program shall not be eligible to participate in the program authorized by this chapter. (Added by Stats. 1992, Ch. 811, Sec. 5. Effective January 1, 1993.)
4040.
## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 2. Planning, Research, Evaluation and Quality Assurance [4030 - 4061] ( Chapter 2 added by Stats. 1978, Ch. 1393. ) ## ARTICLE 2. Research and Evaluation [4040 - 4046] ( Article 2 added by Stats. 1978, Ch. 1393. )
Verify source ↗

The State Department of Health Care Services or State Department of State Hospitals may conduct or contract for research or evaluation studies on mental health policy and management, and must consider specified information needs and suggestions when choosing study areas.

## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 2. Planning, Research, Evaluation and Quality Assurance [4030 - 4061] ( Chapter 2 added by Stats. 1978, Ch. 1393. ) ## ARTICLE 2. Research and Evaluation [4040 - 4046] ( Article 2 added by Stats. 1978, Ch. 1393. ) ## 4040. The State Department of Health Care Services or State Department of State Hospitals may conduct, or contract for, research or evaluation studies that have application to mental health policy and management issues. In selecting areas for study the department shall be guided by the information needs of state and local policymakers and managers, and suggestions from the County Behavioral Health Directors Association of California. (Amended by Stats. 2015, Ch. 455, Sec. 14. (SB 804) Effective January 1, 2016.)
4041.
## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 2. Planning, Research, Evaluation and Quality Assurance [4030 - 4061] ( Chapter 2 added by Stats. 1978, Ch. 1393. ) ## ARTICLE 2. Research and Evaluation [4040 - 4046] ( Article 2 added by Stats. 1978, Ch. 1393. )
Verify source ↗

The department must act as a clearinghouse for research and evaluation information on mental health and must review and share relevant study results.

## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 2. Planning, Research, Evaluation and Quality Assurance [4030 - 4061] ( Chapter 2 added by Stats. 1978, Ch. 1393. ) ## ARTICLE 2. Research and Evaluation [4040 - 4046] ( Article 2 added by Stats. 1978, Ch. 1393. ) ## 4041. The department shall serve as a clearinghouse for information on research and evaluation studies relevant to mental health. The department shall review and disseminate the results of local, state, and national research and evaluation studies that have important implications for mental health policy or management. (Added by Stats. 1978, Ch. 1393.)
4042.
## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 2. Planning, Research, Evaluation and Quality Assurance [4030 - 4061] ( Chapter 2 added by Stats. 1978, Ch. 1393. ) ## ARTICLE 2. Research and Evaluation [4040 - 4046] ( Article 2 added by Stats. 1978, Ch. 1393. )
Verify source ↗

The State Department of State Hospitals must cooperate and coordinate with other state and local agencies on research and evaluation studies.

## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 2. Planning, Research, Evaluation and Quality Assurance [4030 - 4061] ( Chapter 2 added by Stats. 1978, Ch. 1393. ) ## ARTICLE 2. Research and Evaluation [4040 - 4046] ( Article 2 added by Stats. 1978, Ch. 1393. ) ## 4042. The State Department of State Hospitals shall cooperate and coordinate with other state and local agencies engaged in research and evaluation studies. Effort shall be made to coordinate with research, evaluation, and demonstration efforts of local mental health programs, state hospitals serving persons with mental health disorders, the Department of Rehabilitation, the State Department of Developmental Services, the State Department of Health Care Services, universities, and other special projects conducted or contracted for by the State Department of State Hospitals. (Amended by Stats. 2014, Ch. 144, Sec. 63. (AB 1847) Effective January 1, 2015.)
4043.
## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 2. Planning, Research, Evaluation and Quality Assurance [4030 - 4061] ( Chapter 2 added by Stats. 1978, Ch. 1393. ) ## ARTICLE 2. Research and Evaluation [4040 - 4046] ( Article 2 added by Stats. 1978, Ch. 1393. )
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The director must appoint a Mental Health Research Advisory Committee, and the committee must consult with stakeholders and assist the director on research priorities and related activities.

## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 2. Planning, Research, Evaluation and Quality Assurance [4030 - 4061] ( Chapter 2 added by Stats. 1978, Ch. 1393. ) ## ARTICLE 2. Research and Evaluation [4040 - 4046] ( Article 2 added by Stats. 1978, Ch. 1393. ) ## 4043. (a) It is the intent of the Legislature that the department provide leadership in the establishment and funding of mental health research projects. The projects shall lead to better understanding of the etiology of serious mental illness and the development of treatment alternatives necessary to meet the needs of the citizens of this state. (b) The director shall appoint a Mental Health Research Advisory Committee. The committee shall consult with program administrators, providers, consumers, families, and research scientists. The committee shall advise and assist the director in establishing research priorities and in other research related activities as appropriate. (Added by Stats. 1991, Ch. 89, Sec. 24. Effective June 30, 1991.)
4044.
## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 2. Planning, Research, Evaluation and Quality Assurance [4030 - 4061] ( Chapter 2 added by Stats. 1978, Ch. 1393. ) ## ARTICLE 2. Research and Evaluation [4040 - 4046] ( Article 2 added by Stats. 1978, Ch. 1393. )
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Research under this chapter must prioritize serious mental disorders and should be conducted in or with state or local mental health program facilities serving public needs.

## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 2. Planning, Research, Evaluation and Quality Assurance [4030 - 4061] ( Chapter 2 added by Stats. 1978, Ch. 1393. ) ## ARTICLE 2. Research and Evaluation [4040 - 4046] ( Article 2 added by Stats. 1978, Ch. 1393. ) ## 4044. Research performed pursuant to this chapter shall have as a priority serious mental disorders. Research shall be conducted in, or in collaboration with, state or local mental health program facilities that serve public needs. In order to preserve continuity, research programs may be funded for up to five years depending upon the nature of the project and availability of funds. (Added by Stats. 1991, Ch. 89, Sec. 25. Effective June 30, 1991.)
4045.
## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 2. Planning, Research, Evaluation and Quality Assurance [4030 - 4061] ( Chapter 2 added by Stats. 1978, Ch. 1393. ) ## ARTICLE 2. Research and Evaluation [4040 - 4046] ( Article 2 added by Stats. 1978, Ch. 1393. )
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A portion of research funding must be used, on a county’s request, to provide technical advice, consultation, and education on diagnosis and treatment within the public mental health system.

## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 2. Planning, Research, Evaluation and Quality Assurance [4030 - 4061] ( Chapter 2 added by Stats. 1978, Ch. 1393. ) ## ARTICLE 2. Research and Evaluation [4040 - 4046] ( Article 2 added by Stats. 1978, Ch. 1393. ) ## 4045. In order to improve the quality of mental health care in this state, a portion of the funding for research pursuant to this chapter shall be used to provide technical advice, consultation, and education on diagnosis and treatment within the public mental health system upon request of a county. (Added by Stats. 1991, Ch. 89, Sec. 26. Effective June 30, 1991.)
4046.
## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 2. Planning, Research, Evaluation and Quality Assurance [4030 - 4061] ( Chapter 2 added by Stats. 1978, Ch. 1393. ) ## ARTICLE 2. Research and Evaluation [4040 - 4046] ( Article 2 added by Stats. 1978, Ch. 1393. )
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Designated staff of the State Department of State Hospitals may access certain criminal history information for specified reporting, research, evaluation, and data analytics purposes, and that information cannot be used for other purposes.

## Welfare and Institutions Code - WIC ## DIVISION 4. MENTAL HEALTH [4000 - 4390] ( Heading of Division 4 amended by Stats. 1977, Ch. 1252. ) ## PART 1. GENERAL ADMINISTRATION, POWERS AND DUTIES OF THE DEPARTMENT [4000 - 4098.5] ( Heading of Part 1 amended by Stats. 1977, Ch. 1252. ) ## CHAPTER 2. Planning, Research, Evaluation and Quality Assurance [4030 - 4061] ( Chapter 2 added by Stats. 1978, Ch. 1393. ) ## ARTICLE 2. Research and Evaluation [4040 - 4046] ( Article 2 added by Stats. 1978, Ch. 1393. ) ## 4046. Notwithstanding any other law, designated staff of the State Department of State Hospitals shall have access to state summary criminal history information for patients and formerly committed patients necessary to submit legislative reports for facility and community treatment programs, as well as for research, evaluation, and data analytics. Criminal history records may include individually disaggregated data of arrests, charging offenses, pretrial proceedings, the nature and disposition of criminal charges, and information pertaining to sentencing, incarceration, rehabilitation, and release. Information from criminal history records provided pursuant to this section shall not be used for any purpose other than those specified in this article. The State Department of State Hospitals and the Department of Corrections and Rehabilitation may exchange criminal identification and information numbers (CII) for the purposes of research and program evaluation under this section. (Added by Stats. 2023, Ch. 42, Sec. 65. (AB 118) Effective July 10, 2023.)

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