§ 295. — 295. (Amended by Stats. 2018, Ch. 833, Sec. 15.)

California § 295.

• Jurisdiction: California
• Code WIC: Welfare and Institutions Code - WIC
• Div. 2.: DIVISION 2. CHILDREN
• Part 1.: PART 1. DELINQUENTS AND WARDS OF THE JUVENILE COURT
• Ch. 2.: CHAPTER 2. Juvenile Court Law
• Art. 5.5.: ARTICLE 5.5. Notices in Dependent Child Proceedings

Text

The social worker or probation officer shall give notice of review hearings held pursuant to Sections 366.3 and 366.31 and for termination of jurisdiction hearings held pursuant to Section 391 in the following manner:
(a)
Notice of the hearing shall be given to the following persons:
(1)
The mother.
(2)
The presumed father.
(3)
The legal guardian or guardians.
(4)
The Indian custodian, if it is known or there is reason to know that the child is an Indian child, as defined by Section 224.1.
(5)
The child, if the child is 10 years of age or older, or a nonminor dependent.
(6)
The child’s tribe, if it is known or there is reason to know that the child is an Indian child, as defined by Section 224.1.
(7)
Any known sibling of the child or nonminor dependent who is the subject of the hearing if that sibling either is the subject of a dependency proceeding or has been adjudged to be a dependent child of the juvenile court. If the sibling is 10 years of age or older, the sibling, the sibling’s caregiver, and the sibling’s attorney. If the sibling is under 10 years of age, the sibling’s caregiver and the sibling’s attorney. However, notice is not required to be given to any sibling whose matter is calendared in the same court on the same day.
(8)
The
current caregiver of the child, including the foster parents, relative caregivers, preadoptive parents, nonrelative extended family members, resource family, community care facility, or foster family agency having physical custody of the child if a child is removed from the physical custody of the parents or legal guardian. The person notified may attend all hearings and may submit any information he or she deems relevant to the court in writing.
(9)
The current caregiver of a nonminor dependent, as described in subdivision (v) of Section 11400. The person notified may attend all hearings and may submit for filing an original and eight copies of written information he or she deems relevant to the court. The court clerk shall provide the current parties and attorneys of record with a copy of the written information immediately upon receipt and complete, file, and distribute a proof of service.
(10)
The attorney of record if that attorney of record was not present at the time that the hearing was set by the court.
(11)
The alleged father or fathers, but only if the recommendation is to set a new hearing pursuant to Section 366.26.
(b)
No notice shall be required for a parent whose parental rights have been terminated or for the parent of a nonminor dependent, as described in subdivision (v) of Section 11400, unless the parent is receiving court-ordered family reunification services pursuant to Section 361.6.
(c)
The notice of the review hearing shall be served no earlier than 30 days, nor later than 15 days, before the hearing.
(d)
The notice of the review hearing shall contain a statement regarding the nature of the hearing to be
held, any recommended change in the custody or status of the child, and any recommendation that the court set a new hearing pursuant to Section 366.26 in order to select a more permanent plan.
(e)
Service of notice shall be by first-class mail addressed to the last known address of the person to be provided notice or by electronic service pursuant to Section 212.5.
(f)
If the child is ordered into a permanent plan of legal guardianship, and subsequently a petition to terminate or modify the guardianship is filed, the probation officer or social worker shall serve notice of the petition not less than 15 court days before the hearing on all persons listed in subdivision (a) and on the court that established legal guardianship if it is in another county.

Legislative History

Amended by Stats. 2018, Ch. 833, Sec. 15. (AB 3176) Effective January 1, 2019.