Juvenile Dependency Process

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

Participants Involved in a 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

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.

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 Decisions

Filings 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."

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Juvenile Dependency Process

Participants Involved in a 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 Decisions

Filings 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

Mailing List Signup

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