Juvenile Court Process - Advokids: A Legal Resource for California Foster Children and Their Advocates

DEPENDENCY COURT PROCESS

In most cases, a dependency case comes to court shortly after a child has been removed from their home by the police or a social worker. The police or social worker may remove a child from their home if they have a reason to believe that there is an imminent risk of harm to the child.

The best outcomes for foster children occur when everyone involved in the child's care and supervision works together using all of the legal tools available to them. Too often problems in a child's case are not identified and communicated effectively to the Juvenile Court or the responsible agencies. The main participants in the Juvenile Court process are the Juvenile Court, county child welfare agencies, parents, children, foster family agencies, caregivers, and attorneys.

Participants Involved in Juvenile Dependency Case

For specific information, please click on the relevant topic:

The Juvenile Court

The court's authority for dependency cases is found within the California Welfare and Institutions Code. The court's role is to ensure that the rights of children and their familes are protected in accordance with the law designed to protect abused and neglected children. The court appoints an attorney to represent each parent/guardian and child. During hearings, the court may consider information about the alleged abuse or neglect, the wellbeing of the children, police and social worker reports, medical and psychiatric reports, family history, placement options, and oral arguments from attorneys. Testimony may be heard from people such as social worker(s), police officers, parents, family members, doctors, teachers, witnesses, and in some cases, the child(ren).

County child welfare agencies are accountable to the juvenile courts as they propose outcomes for initial case disposition hearings and review hearings.
Welfare and Institutions Code § 300 et seq.

County Welfare Agency

Child

Foster Family Agency

Foster family agencies (FFAs) may be responsible for the day-to-day casework with foster children in California if the child is placed in foster care through an FFA. FFAs have a duty to file periodic reports with the juvenile court, including the JV-290 Caregiver Information Form. Welfare and Institution Code § 366.21(d) requires that these reports be filed prior to any hearing involving a child in the custody of a community care facility or foster family agency that may result in the return of the child to the custody of his or her parent or legal guardian, adoption, or the creation of a legal guardianship.
Welfare and Institutions Code § 366.21(d)

Attorneys

Attorneys are appointed by the court for each child and parent/guardian for each case. Attorneys charged with the duty of representing foster children in the juvenile court system have a tremendous responsibility. It is important for all child advocates to be familiar with Welfare and Institutions Code § 317(e), which lays out the roles and responsibilities of attorneys charged with the representation of a child in the child welfare system. For more information about the role of minor's counsel, see our Attorneys Representing Children page.
Welfare and Institutions Code § 317(e)

Dependency Timeline

TABLE OF CONTENTS:

Participants Involved in a Juvenile Dependency Case

Dependency Timeline

Juvenile Dependency Proceedings

Appellate Review of Dependency Court Orders

General Appeals in Dependency Cases

Challenges via Writ Petition

Placement Decisions made after Parental Rights are Terminated (post .26 hearing)

Filings that Can be Done at Any Time in the Case

Commonly Used Juvenile Dependency Court Forms

The timelines that are a part of our dependency statutes recognize the importance of a child’s sense of time, the central role of the young child’s caregiver relationship that drives the child’s growth and development, and determines the ultimate structure of the child's brain. To this end, the legislature has enacted shorter timelines for children under three years old. For children under three at the time of removal, the statutory time limit on renunciation services for parent is six months from the date of disposition unless the parent has made substantial progress and the court finds the child may be returned to a safe home by the date of the 12 month review hearing or reasonable services have not been provided to the parents. For more information on this, please see the 6-Month Review Hearing section below.

Respecting the time lines and honoring the child’s caregiver relationship is critical to the health and safety of the developing child.

The following chart illustrates the dependency hearing proceedings:

Juvenile Dependency Proceedings

For specific information, please click on the relevant topic:

Protective Custody

A child in need of immediate care or protection may be placed into temporary custody by a peace officer or protective services social worker. When a child is taken into protective custody, the social worker or probation officer must take immediate steps to notify the child’s parent, guardian or a responsible relative. The department must ensure that the child has telephone contact with his or her parent within 5 hours of being taken into custody. The department must also inform children over the age of 10 within one hour of being taken into custody that they are entitled to two telephone calls, one to their parent and one to an attorney.
Welfare and Institutions Code §§ 305, 306, 308

Petition

If a child has been taken into protective custody, the Department must file a petition within 2 court days. The petition initiates dependency court hearings, identifies the child(ren) and parent(s) involved with the case, and describes the allegations of abuse or neglect against the child(ren). The court clerk files the petition and assigns the case to a courtroom for an initial hearing. If the petition is not filed within the requisite time, the child must be released back to the parent or guardian.

When a child is held in protective custody for more than six hours and released without the filing a petition, the social worker must, within 72 hours of the release, file an explanation of why the child was held in custody and provide a copy of that explanation to the child’s parent or guardian.
Welfare and Institutions Code § 313

For more information on what to do when the Agency does not act on serious allegations of abuse or neglect, see our Request a Child's Protection Through Juvenile Court page.

Initial Hearing / Detention Hearing

The initial hearing for a child who remains in the custody of the parent/guardian must be set within 30 days of the filing of the petition. The initial hearing is a “detention hearing” if a child has been taken from their home and placed into protective custody. This hearing must be held the next court day after the petition is filed. At the detention hearing the court determines whether the child is to remain in protective custody pending the jurisdiction hearing or returned to the parent.
Welfare and Institutions Code § 315

At the detention hearing the court is required to:

Advise the parent(s) present of their right to counsel and appoint counsel if the parent is financially eligible for appointed counsel.
Advise the parent(s) of the reasons the child was taken into custody, the nature of the juvenile court proceedings, unless waived.
Inquire as to paternity and take steps to determine paternity as early as possible.
Inquire whether the child may be an Indian child under the Indian Child Welfare Act (ICWA)
Receive the social worker's report and whatever relevant evidence is offered.
Determine whether reasonable efforts were made by the agency to prevent removal and whether there are available services to prevent the need for further detention.
If the child is detained inquire into relatives available for placement.
If the child is released determine whether the petition is to be dismissed or the case is to proceed.

Welfare and Institutions Code §§ 317, 318, 319

Jurisdiction Hearing

The jurisdiction hearing must be set within 30 days of the filing of the petition for a child not in custody and within 15 days of the detention order, if the child is in protective custody. Welfare and Institutions Code § 334

At the jurisdiction hearing the court decides if what the petition alleges is true based on the evidence before the court. The parents must be told about their right to a trial by the judge. Then parents may admit the petition is true, submit the matter for the court to decide based on whatever evidence the court has, or contest the petition.

Note that there are no jurisdictional "orders." There are the findings as to whether the allegations of the petition are true which would bring the child within the jurisdiction of the court.

Disposition Hearing

At disposition the court hears evidence on the question of the proper disposition to be made on behalf of the child. The disposition hearing may be set on the same day as the jurisdictional hearing or may be continued to a future date. If the child is detained the continuance may not exceed 10 days. If the child is not detained the continuance may not exceed 30 days. Welfare and Institutions Code § 358

Absent a finding of exceptional circumstances, the disposition hearing must be concluded within 60 days of the date of detention and, in no event, may disposition exceed six months from the date of detention. Welfare and Institutions Code § 352(b)

At disposition the question is what would best address the issues concerning the welfare of the child before the court. The court may:

Keep the child in parental custody and order voluntary in home services.
Leave the child in parental custody, declare the child a dependent of the court, and order family maintenance services with a review of the need to continue such services set no more than six months from the date of disposition.
Remove the child and order family reunification services to be reviewed at a hearing set no more than six months from the date of disposition.
Remove the child, deny reunification services (by-pass), and set a § 366.26 hearing within 120 days to determine the appropriate permanent plan.

6-Month Review Hearing

The six month review hearing is set within six calendar months of the disposition hearing. If the child was younger than three at the time of initial removal, reunification services are to be offered/provided for a minimum of six months from the date of disposition. However, if the parents fail to participate at all in the services offered or fail to make any progress whatsoever a petition may be filed to bring that to the attention of the court and request the court terminate reunification services before the six months are up. Welfare and Institutions Code § 388(c)

If the court finds that there is a substantial probability of safe return by the time of the 12-month hearing, the court may extend services for an additional period, but no longer than twelve months from the date the child entered foster care. Welfare and Institutions Code §§ 361.5(a)(1)(B), 366.21(e)

The date the child entered foster care is either: the date the Jurisdiction Hearing was held; or 60 days from the date the child was physically removed from the home, whichever is earlier. Welfare and Institutions Code § 361.49

Children who are removed at the same time as their brothers or sisters are considered part of a “sibling group.” This concept of a "sibling group" applies to half sibling and step-sibling relationships, as well. If one of the children in the sibling group was under the age of three at the time of initial removal, services to some or all of the siblings can be limited to six months from the date of disposition, for the purposes of placing and maintaining a sibling group together in a permanent home. Welfare and Institutions Code § 361.5(a)(1)(C)

At each review hearing “after considering the admissible and relevant evidence,” the court shall order the return of the child to the physical custody of his or her parent unless the court finds by a preponderance of the evidence that return would create a substantial risk of detriment to the safety, protection, or physical or emotional well-being of the child.” The failure of the parent to participate regularly and make substantive progress is prima facie evidence that return of the child would be detrimental.

At the six month review hearing and each subsequent review hearing the Court must:

Review and consider the reports submitted by the social worker, the CASA, if any, the FFA, if any, and any caregiver, or relative reports.
Review the reunification progress of the parents taking into account any particular barriers to parents ability to maintain contact with his or her child due to incarceration, institutionalization, or detention by the United States Department of Homeland Security, or deportation.
If the child is 10 years of age or older and has been placed out of home for more than six months the court must determine whether efforts have been made to maintain relationships with individuals who are important to the child.

With the required findings of reasonable progress and substantial probability of return, or upon a finding that the agency has not provided reasonable services, the court can set the matter for the permanency hearing no more than twelve months from the date of the child's entry into foster care.

If the court finds by clear and convincing evidence the parents have failed to participate and make progress in the services offered and it is not probable the child(ren) can be returned before the twelve month permanency date, the court may terminate reunification services and set a § 366.26 hearing within 120 days to select the permanent plan. Welfare and Institutions Code § 366.21(e)

12-Month Permanency Hearing

The "permanency hearing" or "12 month review hearing," must take place no later than 12 months after the date the child entered foster care which is the date of jurisdiction or 60 days from the date of removal, whichever is earlier. At the permanency hearing, in addition to all other review hearing issues, for youth 16 years and older, the court must determine whether services have been made available to assist in the transition from foster care to independent living. Welfare and Institutions Code § 366.21(f)

At each review hearing be it 6, 12, 18, or 24 months, the court must return the child to the custody of the parents unless there is evidence before the court to establish that return would be detrimental to the child. There are escalating standards for continuing the case as it moves from a 6 to a 12 to an 18 or a 24 month hearing. Services can be extended from the 12 month hearing to a date 18 months from the date of initial removal only if the court finds that there is a substantial probability the child will be returned and safely maintained in the home. To make that finding of a substantial probability of a safe and lasting return within the period to the 18 months hearing the court must make all of the following findings:

The parent has consistently and regularly contacted and visited the child.
The parent has made significant progress in resolving the problems that led to the child’s removal from the home.
The parent has demonstrated the capacity or ability or both to complete the objectives of his or her treatment plan and to provide for the child’s safety, protection, physical and emotional well-being and special needs.

Welfare and Institutions Code § 366.21(g)(3)

If the court finds by a preponderance of evidence that it would be detrimental to return the child and there is substantial probability of return and finds by clear and convincing evidence that reasonable services have been provided, the court may terminate reunification services and set a § 366.26 hearing within 120 days to determine the permanent plan. Welfare and Institutions Code § 366.21(g)(4)

18-Month Permanency Review Hearing

The “permanency review hearing,” or “18 month review hearing,” must take place within 18 months of the date the child was initially removed from his or her parents. Again there must be a preponderance of evidence for the court to find it would be detrimental to return the child(ren) to the parent or the court must order return. Welfare and Institutions Code § 366.22(a)

To establish substantial probability of return and continue the case from an 18 month to a 24 month hearing the court must find 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 who is making significant and consistent progress in a court-ordered residential substance abuse treatment program, or the parent was recently discharged from incarceration, institutionalization, or the Department of Homeland Security and is making significant and consistent progress in establishing a safe home for the child's return.

The court must also find all of the following:

The parent has consistently and regularly contacted and visited with the child.
The parent has made significant and consistent progress in the prior 18 months in resolving problems that led to the child's removal from the home.
The parent has demonstrated the capacity and ability both to complete the objectives of his or her substance treatment plan as evidenced by reports from a substance abuse provider, or complete a treatment plan post discharge from incarcerations, institutionalizations, or detention, or following deportation to his or her country of origin and his or her return to the United States, and to provide for the child's safety, protective, physical and emotional well-being and special needs.

Welfare and Institutions Code § 366.22 (b)

24-Month Subsequent Permanency Review Hearing

The 24 month subsequent permanency review hearing must be held within 24 months after the child was initially removed. The court must order return unless the court finds by preponderance of the evidence that return would create a substantial risk of detriment to the child. Welfare and Institutions Code § 366.25

If the child is not returned to a parent the court shall order a § 366.26 hearing to determine the permanent plan for the child(ren). Welfare and Institutions Code § 366.25(a)(3)

Selection And Implementation Hearing (Also Known As The .26 Hearing)

The § 366.26 hearing to select the permanent plan for the children must be set within 120 days of:

the date reunification services were denied under § 361.5(b), (i.e. a by-pass), or
the date reunification services were terminated at a 6, 12, 18, or 24 month review/permanency hearing.

Welfare and Institutions Code §§ 366.26, 366.21(e)-(g)(2), 366.22(a), 366.25(a)(3)

At this hearing, the court makes a permanent plan for the child(ren). The plan can:

Terminate parental rights and refer the child(ren) for adoption;
Order a tribal custom adoption for an Indian Child (termination of parental rights not required);
Name a legal guardian for the child(ren), and issue letters of guardianship;
Place the child with a fit and willing relative; or
Place the child(ren) into some other planned permanent living arrangement.

Post Termination of Parental Rights Placement Decisions

When the court orders a permanent plan of adoption or legal guardianship at the .26 hearing, the court must retain jurisdiction over the case until the child is adopted or the legal guardianship is established. For any other arrangement the court must conduct a status review every six months until jurisdiction is terminated.

These post permanency status reviews are to cover:

The continuing necessity and appropriateness of the placement
Identification of individual (other than the child's siblings) who are important to a child 10 years of age or older and actions necessary to maintain the child's relationship with those individuals. The social worker is to ask every child to provide such information
The adequacy of the services provided to the child
Sibling issues
Continuing efforts to identify a prospective adoptive parent or legal guardian
The extent of the agency's compliance with the case plan in making reasonable efforts either to return the child to a safe home of the parent or to take whatever steps are necessary to finalize a permanent plan for the child

Welfare and Institutions Code § 366.3

Appellate Review of Dependency Court Orders

An appeal is a request for review of a lower court's decision by a higher court. Generally speaking, an appeal is based on an argument that a legal error was made by the trial court. An appeal is not a retrial. New evidence will not be permitted and the appellate court will not reassess conflicting evidence from the trial court.

In child dependency cases, the first appealable order is the dispositional order. Every order after disposition is appealable (by following the procedures for a general appeal), with two exceptions. The first exception is a challenge to an order setting a “.26 hearing (also known as Welfare and Institutions section 366.26 hearing to terminate parental rights).” The second exception is a challenge to a placement order made post-termination of parental rights (post “.26”). In both instances, a challenge must be made via writ petition NOT as a general appeal.

The procedure for filing your appeal or writ petition is dependent on the type of order you are challenging in the higher court. In either case, YOU MUST FILE A TIMELY NOTICE either by filing a Notice of Appeal (JV-800) or a Notice of Intent to File a Writ Petition (JV-820 or JV-822).
Welfare and Institutions Code § 366.26(l) and 366.28(b); California Rules of Court 8.450 et seq., 8.454, 8.456

It is crucial that you follow the correct procedure for filing your appeal or writ and preserve your rights to challenge the order. This section outlines the procedures for both appellate and writ processes. In order to determine which procedure to follow, please refer to the following chart for guidance:

Appointed Counsel On Appeal (not available for writ review)

People who have court-appointed counsel can get appointed counsel on appeal. A person desiring appointed appellate counsel should write “Appointment of Appellate Counsel Requested” on their Notice of Appeal. They will then be contacted by the district’s appellate project to discuss their eligibility for appointment of appellate counsel. Note: This only applies to appeals. In those cases in which a writ petition must be filed, the writ petition must be filed by trial court counsel.

General Appeals in Dependency Cases

There are strict timelines and procedures to follow when appealing an order from dependency court in California. Under Welfare and Institutions Code section 395, the dispositional order in a dependency proceeding is appealable as a judgment and every post-dispositional order is directly appealable as an “order after judgment.” Thus, the first appealable order in the dependency process is the dispositional order. Every order after disposition, including orders relating to discovery, are considered final and appealable except in two instances: (1) an order setting a .26 hearing and (2) a placement order made post .26 (these orders are challenged via writ petition, please see Writ section below for more details).

For additional information regarding the general appeals process please click on relevant tab:

Filing Your Notice of Appeal

The first step in the appellate process is to preserve your right to appeal. To do this, you must file a Notice of Appeal (form JV-800) within 60 days of the order made at the disposition hearing or any subsequent hearing that results in a final appealable order (including order terminating parental rights at a .26 hearing). The Notice of Appeal must be filed at the court location where your case was heard, not in the Court of Appeal.
California Rule of Court 8.405

When you file the Notice of Appeal, it tells the other parties in the case and the court that you are appealing a decision of the trial court. Upon filing of the notice, the clerk is required to immediately send notice to all parties, including de facto parents, the attorneys, CASA if any, and any Indian custodian and the Indian Tribe or the Bureau of Indian Affairs (if required).

Any cross-appeal must be filed within 60 days of the order being appealed or within 20 days of the clerk sending the initial notice of appeal.
California Rule of Court 8.406

Preparing the Record

The record includes the clerk’s transcript and reporter’s transcripts of the oral proceedings at which the judge made the order you are appealing. Once the Notice of Appeal is filed, the juvenile court clerk must prepare and certify the clerk’s transcript within 20 days and serve it on the parties. The reporter must prepare, certify and deliver to the clerk the necessary number of copies for filing and service. The reviewing court may order one or more extensions of time to prepare the record – but those extensions may not exceed a total of 60 days.
California Rule of Court 8.409

Filing Appellate Briefs

The parties will file briefs in support of their legal arguments. The appellant (the party appealing the lower court’s order) has the opportunity to file two briefs (an opening brief and a reply brief). The respondent (the other party) can only file one brief in the appeal. Appellant’s first brief is called an opening brief and must be filed and served within 40 days after the record is filed with the reviewing court. In appeals from orders terminating parental rights, the opening brief must be filed within 30 days from the date the record is filed. Respondent then has 30 days after appellant’s opening brief is filed to file and serve respondent’s brief. If the appellant chooses to file a reply brief (to respondent’s brief), s/he must do so within 20 days after respondent’s brief is filed.

In dependency cases in which the child is not the appellant but has appellate counsel, the child’s appellate counsel must serve and file any brief within 10 days after respondent’s brief is filed.

Keep in mind, any party may apply to the presiding justice for an extension of any of these deadlines for good cause. A copy of each brief must be served to the trial court clerk for delivery to the judge and the child’s trial counsel.
California Rule of Court 8.412

Oral Argument

Parties have a right to oral argument in the court of appeal, however there is no requirement that they exercise that right. The reviewing court must send notice of argument at least 20 days before the scheduled date. If oral argument is waived, the appellate court will base their opinion on the parties’ appellate briefs and record as submitted. If oral argument is requested, each side is generally allotted 30 minutes to present their side, with appellant having the right to open and close.
California Rule of Court 8.256(b)

Decision

After the Appellate Court Decision

Petition for Rehearing: If the court of appeal's decision is against you, you may wish to petition for rehearing. Most petitions for rehearing are summarily denied, some with a slight modification of the opinion. Nonetheless, there are three things that get a reviewing court’s attention in a petition for rehearing: that the court (a) misstated a fact, (b) miscited a case, or (c) erred in its legal analysis. A petition for rehearing must be filed within 15 days of the court’s decision and is also recommended if you plan to petition for review in the Supreme Court.

Petition for Review to the California Supreme Court: Review by the State’s highest court is granted on the discretionary bases set forth in California Rule of Court 8.500(b). Review may be granted when it is “necessary to secure uniformity of decision or to settle an important question if law” and is based on the importance of the issues presented rather than errors committed by the lower courts. If a Petition for Review is not filed within forty (40) days after the appellate court issues its decision, the decision is deemed final.

Issuance of the Remittitur: After an appeal is decided, with or without review by the Supreme Court, the appellate court issues a “remittitur” which transfers the case back to the dependency court and terminates the appellate court’s jurisdiction. Upon issuance of a remittitur, jurisdiction over the case is transferred back to dependency court and all further proceedings take place there.

Orders Terminating Parental Rights and All Appealable Orders Issued by Juvenile Courts in Orange, Imperial, and San Diego Counties

The time lines for appealing all orders terminating parental rights are more stringent than for generic appeals. The reason for the stricter procedural timelines is so that the reviewing court can decide the appeal within 250 days after the notice of appeal is filed. These more stringent time lines also apply to all dependency appeals in Orange, Imperial, and San Diego counties and may so apply in other counties by local rules.
California Rule of Court 8.416

Please take note of the following requirements:

Appellant's opening brief must be filed within 30 (not 40) days of the record being lodged with the court of appeal
The reviewing court must require an exceptional showing of good cause for any extension of time.
An appellant must serve and file any motion for augmentation or correction within 15 days of receiving the record.
A respondent must serve and file any such motion within 15 days after appellant’s opening brief is filed.
The clerk and reporter must prepare any supplemental transcripts within 20 days, giving them the highest priority.
California Rule of Court 8.412(b) applies if a party files a timely brief, but the period specified in the notice required by the rule must be 15 days.
Counsel must serve and file any request for oral argument no later than 15 days after the appellant’s reply brief is filed or due to be filed. Failure to file a timely request will be deemed a waiver. The court must hear oral argument within 60 days after appellant’s last reply brief is filed or due to be filed.

Challenges Via Writ Petition

A writ petition is another way in which you challenge and seek further review of dependency court orders. Certain court orders are considered not immediately appealable (as a general appeal) and review of such orders are done by way of writ. For example, detention orders and jurisdictional findings that a minor is a person described in Welfare and Institutions Code section 300 are not immediately appealable. You are only able to seek immediate review of these orders by writ petition. However, orders based on those findings may be appealed.
See Jeff M. v. Superior Court (1997) 56 Cal. App. 4th 1238; Melinda K. v. Superior Court (2004) 116 Cal. App. 4th 1147, 1153.

Most Common Types of Orders that Must be Reviewed via Writ Petition

For specific information, please find the relevant order from which you seek writ review:

Order Denying or Terminating Reunification Services (where the order also includes an order setting a .26 hearing)

If the court has ordered a hearing to be set pursuant to Welfare and Institutions Code § 366.26 (also referred to as “.26 hearing”), that order usually also terminates or denies reunification services and is considered a final order. To get an appellate court to review that order, the parent affected by that order must first file a writ petition. Failure to file a writ petition precludes raising any issues in a later appeal of a termination of parental rights that arose at the hearing at which the .26 hearing was set.
California Rule of Court 8.452

For additional information regarding writ review of this order, please click on the relevant tab:

Filing a Notice of Intent to File a Writ Petition (JV-820)

In order to contest the termination or denial of reunification services and the setting of a 366.26 hearing, the parent must first file a Notice of Intent to File a Writ Petition ( JV-820) within the following timelines:

Within 7 days of the order setting the hearing if the parent was present in court when reunification services were terminated;
Within 12 days of the date the clerk mailed notification if the parent was not present and was notified of termination of services by mail only;
Within 17 days of the date the clerk mailed notification if the notice was sent out of state
Within 27 days if the notice was mailed outside of the United States;
If the order terminating services was made by a referee, add an additional ten days to each of the above timelines.
California Rules of Court 8.403(b) and 450(e)(4)

When the Notice of Intent to File a Writ Petition is filed, the dependency court clerk must immediately mail a copy of the notice to the parties (including the child if 10 years of age or older), their attorneys of record, any known sibling of the child if that child is a dependent of the court, the child’s legal guardian if any, de facto parents, the probation officer or social worker, appointed CASA, grandparents if known and if parents’ whereabouts are unknown, Indian Tribe or Bureau of Indian Affairs, if indicated.
California Rule of Court 8.450(g)

Preparing the Record

The clerk must immediately notify each court reporter to prepare and provide to the clerk a reporter’s transcript within 12 days and within 20 days prepare the clerk’s transcript. When the record is filed in the reviewing court, that court’s clerk must immediately notify the parties of the date on which the 10 day period for filing the writ petition will expire.
California Rules of Court 8.403(b) and 8.450(h)-(j)

Petitioner must serve and file any request for augmenting or correcting the record within 5, 7, or 10 days depending on the length of the record. Any respondent must file such a request within 5 days.
California Rule of Court 8.452(c)-(e)

Filing the Writ Petition and Response

Stay

Oral Argument

Decision

The reviewing court must issue an opinion within 90 days of submission either after oral argument or without it if waived by counsel. California Rules of Court 8.450-8.452 are intended to “encourage and assist” the reviewing courts to determine on their merits all writ petitions within the 120 day period for holding the 366.26 hearing. The reviewing court may extend any time period but must require an exceptional showing of good cause.
California Rules of Court 8.450(b) and 8.452(h)

Placement Decisions made after Parental Rights are Terminated (post .26 hearing)

California Rules of Court 8.456 and 8.490 govern the writ petitions to review post termination placement orders under Welfare and Institutions Code § 366.28. To avoid delays caused by appeals, a placement decision following termination of parental rights is not appealable. Appellate review is only available if the person objecting to the order files a timely petition for extraordinary writ.

If the court orders that the child be placed out of state, that order is automatically stayed for seven (7) days to give the prospective adoptive parent time to file a writ petition and seek a stay from the court of appeal. California Code of Civil Procedure section 917.7 provides, in pertinent part: “[I]n the absence of a writ or order of a reviewing court providing otherwise, the provisions of an order allowing, or eliminating restrictions against, removal of the minor child from the state are stayed by operation of law for a period of seven calendar days from the entry of the judgment or order by a juvenile court in a dependency hearing.”

For additional information regarding writ review of this order, please click on the relevant tab:

Notice of Intent to File a Writ Petition (JV-822)

A Notice of Intent to File Writ Petition (JV-822) must be filed with the dependency court clerk within 7 days after the date of the placement order, or if made by a referee acting as a temporary judge, within 7 days of the order becoming final. The date of the order is the date on which the court states the order on the record or issues its written decision (whichever is earlier). If notice of the order was by mail, the Notice of Intent to File Writ Petition must be filed within 12 days after the date the clerk mailed the notification.

Serving and Filing the Writ Petition and Response

The petition must be served and filed within 10 days after the record is filed in the reviewing court. Any response must be served within 10 days, or if the petition was served by mail, within 15 days after the petition is filed; or within 10 days after a respondent receives a request from the reviewing court for a response, unless the court specifies a shorter time.
California Rule of Court 8.456(c)

Oral Argument

Decision

Absent exceptional circumstances, the reviewing court must review the petition and decide it on the merits by written opinion within 90 days of submission. The reviewing court clerk must promptly notify the parties of any decision and must promptly send a certified copy of any writ or order to the court named as respondent. A written decision on the merits is reviewed in the same way as any other appellate court decision.

Petitions that Can be Done at Any Time in the Case

For specific information, please click on the relevant topic:

Subsequent Petition § 342

Supplemental Petition § 387

The social worker can file a "supplemental petition" in an on-going case to request removal of the child from the custody of parent, relative, or friend or to request authorization to move the child to a higher level of care such as a relative to foster home or foster home to group home. A § 387 petition follows the same timelines and procedures as an initial petition.
Welfare and Institutions Code § 387

Request to Change Court Order § 388

Any person with an interest in dependent child may file a "§ 388 petition" on a Judicial Council "JV-180 Form" to request a change in court order. The petition must show a change in circumstance or new evidence and show that the proposed change would be in the best interest of the child. If the request is not denied on its face, the petition must be set for hearing within 30 calendar days following the filing of the petition.
Welfare and Institutions Code § 388

Commonly Used Juvenile Dependency Court Forms

Type of Form

JV-180 Request to Change Court Order Form

For additional information on JV-180 Form, click here

When To File

Anyone can file a request to change an existing court order. File the JV-180 when:

An immediate hearing is required; and
Circumstances have changed or there is new evidence (evidence that you can attach to your form); and
It is in the child’s best interests to modify a previous order.

The JV-180 Form is also appropriate when you seek visits, placement, or contact with a dependent sibling in foster care, or on behalf of a child who has a sibling in foster care.

JV-285 Relative Information Form

For additional information on JV-285 Form, click here

Anytime a relative wishes to provide information about the child to the court.

JV-295 De Facto Parent Request Form

For additional information on JV-295 Form, click here

A current or former caregiver is child's psychological patient may file to obtain party status.

JV-290 Caregiver Information Form

For additional information on JV-290 Form, click here

Any individual or agency caring for a foster child may file this form in order to provide information about the foster child to the court at review hearings (eg. 6,12,18 or 24 month review hearings)

JV-321 Request For Prospective Adoptive Parent Designation,
Notice, and Order Form

For additional information on JV-321 Form, click here

The .26 Hearing date has been set
The child has lived with you for at least six months
You must currently express a commitment to adopt
You must have taken at least ONE "step to facilitate the adoption process."

Legal Disclaimer: Advokids provides educational information and resources to those who use our website, call our hotline, or submit requests for information via the website. Any information provided may not be construed as the giving of legal advice to any person about a particular legal matter and should not be relied upon as the basis for taking a particular action or refraining from taking a particular action in any legal matter. If you want or need legal advice about a particular legal matter, you should consult a lawyer.

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DEPENDENCY COURT PROCESS

Participants Involved in Juvenile Dependency Case

The Juvenile Court

County Welfare Agency

Child

Foster Family Agency

Attorneys

Dependency Timeline

Juvenile Dependency Proceedings

Protective Custody

Petition

Initial Hearing / Detention Hearing

Jurisdiction Hearing

Disposition Hearing

6-Month Review Hearing

12-Month Permanency Hearing

18-Month Permanency Review Hearing

24-Month Subsequent Permanency Review Hearing

Selection And Implementation Hearing (Also Known As The .26 Hearing)

Post Termination of Parental Rights Placement Decisions

Appellate Review of Dependency Court Orders

Appointed Counsel On Appeal (not available for writ review)

General Appeals in Dependency Cases

Filing Your Notice of Appeal

Preparing the Record

Filing Appellate Briefs

Oral Argument

Decision

After the Appellate Court Decision

Orders Terminating Parental Rights and All Appealable Orders Issued by Juvenile Courts in Orange, Imperial, and San Diego Counties

Challenges Via Writ Petition

Most Common Types of Orders that Must be Reviewed via Writ Petition

Order Denying or Terminating Reunification Services (where the order also includes an order setting a .26 hearing)

Filing a Notice of Intent to File a Writ Petition (JV-820)

Preparing the Record

Filing the Writ Petition and Response

Stay

Oral Argument

Decision

Placement Decisions made after Parental Rights are Terminated (post .26 hearing)

Notice of Intent to File a Writ Petition (JV-822)

Serving and Filing the Writ Petition and Response

Oral Argument

Decision

Petitions that Can be Done at Any Time in the Case

Subsequent Petition § 342

Supplemental Petition § 387

Request to Change Court Order § 388

Commonly Used Juvenile Dependency Court Forms

Type of Form

When To File

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