reglab/statecodes huggingface dataset:
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2 - CHILDREN › PART 1 - DELINQUENTS AND WARDS OF THE JUVENILE COURT › CHAPTER 2 - Juvenile Court Law › ARTICLE 10 - Dependent Children Judgments and Orders › Section 361.6.

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.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2 - CHILDREN › PART 1 - DELINQUENTS AND WARDS OF THE JUVENILE COURT › CHAPTER 2 - Juvenile Court Law › ARTICLE 10 - Dependent Children Judgments and Orders › Section 361.7.

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.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2 - CHILDREN › PART 1 - DELINQUENTS AND WARDS OF THE JUVENILE COURT › CHAPTER 2 - Juvenile Court Law › ARTICLE 10 - Dependent Children Judgments and Orders › Section 362.04.

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.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2 - CHILDREN › PART 1 - DELINQUENTS AND WARDS OF THE JUVENILE COURT › CHAPTER 2 - Juvenile Court Law › ARTICLE 10 - Dependent Children Judgments and Orders › Section 362.06.

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.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2 - CHILDREN › PART 1 - DELINQUENTS AND WARDS OF THE JUVENILE COURT › CHAPTER 2 - Juvenile Court Law › ARTICLE 10 - Dependent Children Judgments and Orders › Section 362.1.

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.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2 - CHILDREN › PART 1 - DELINQUENTS AND WARDS OF THE JUVENILE COURT › CHAPTER 2 - Juvenile Court Law › ARTICLE 10 - Dependent Children Judgments and Orders › Section 362.2.

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.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2 - CHILDREN › PART 1 - DELINQUENTS AND WARDS OF THE JUVENILE COURT › CHAPTER 2 - Juvenile Court Law › ARTICLE 10 - Dependent Children Judgments and Orders › Section 362.3.

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.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2 - CHILDREN › PART 1 - DELINQUENTS AND WARDS OF THE JUVENILE COURT › CHAPTER 2 - Juvenile Court Law › ARTICLE 10 - Dependent Children Judgments and Orders › Section 362.4.

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.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2 - CHILDREN › PART 1 - DELINQUENTS AND WARDS OF THE JUVENILE COURT › CHAPTER 2 - Juvenile Court Law › ARTICLE 10 - Dependent Children Judgments and Orders › Section 362.6.

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.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2 - CHILDREN › PART 1 - DELINQUENTS AND WARDS OF THE JUVENILE COURT › CHAPTER 2 - Juvenile Court Law › ARTICLE 10 - Dependent Children Judgments and Orders › Section 362.7.

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.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2 - CHILDREN › PART 1 - DELINQUENTS AND WARDS OF THE JUVENILE COURT › CHAPTER 2 - Juvenile Court Law › ARTICLE 10 - Dependent Children Judgments and Orders › Section 362.8.

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.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2 - CHILDREN › PART 1 - DELINQUENTS AND WARDS OF THE JUVENILE COURT › CHAPTER 2 - Juvenile Court Law › ARTICLE 10 - Dependent Children Judgments and Orders › Section 363.

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.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2 - CHILDREN › PART 1 - DELINQUENTS AND WARDS OF THE JUVENILE COURT › CHAPTER 2 - Juvenile Court Law › ARTICLE 10 - Dependent Children Judgments and Orders › Section 364.

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.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2 - CHILDREN › PART 1 - DELINQUENTS AND WARDS OF THE JUVENILE COURT › CHAPTER 2 - Juvenile Court Law › ARTICLE 10 - Dependent Children Judgments and Orders › Section 364.05.

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.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2 - CHILDREN › PART 1 - DELINQUENTS AND WARDS OF THE JUVENILE COURT › CHAPTER 2 - Juvenile Court Law › ARTICLE 10 - Dependent Children Judgments and Orders › Section 365.

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.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2 - CHILDREN › PART 1 - DELINQUENTS AND WARDS OF THE JUVENILE COURT › CHAPTER 2 - Juvenile Court Law › ARTICLE 10 - Dependent Children Judgments and Orders › Section 366.05.

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.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2 - CHILDREN › PART 1 - DELINQUENTS AND WARDS OF THE JUVENILE COURT › CHAPTER 2 - Juvenile Court Law › ARTICLE 10 - Dependent Children Judgments and Orders › Section 366.2.

366.2. If the county has produced a summary report or an action plan of the child and family team meeting for use by the team members, a copy of that report or action plan with any necessary redactions made may be attached to the court report that is prepared pursuant to Section 366.1.
(Added by Stats. 2019, Ch. 780, Sec. 2. (AB 1068) Effective January 1, 2020.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2 - CHILDREN › PART 1 - DELINQUENTS AND WARDS OF THE JUVENILE COURT › CHAPTER 2 - Juvenile Court Law › ARTICLE 10 - Dependent Children Judgments and Orders › Section 366.215.

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.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2 - CHILDREN › PART 1 - DELINQUENTS AND WARDS OF THE JUVENILE COURT › CHAPTER 2 - Juvenile Court Law › ARTICLE 10 - Dependent Children Judgments and Orders › Section 366.23.

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.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2 - CHILDREN › PART 1 - DELINQUENTS AND WARDS OF THE JUVENILE COURT › CHAPTER 2 - Juvenile Court Law › ARTICLE 10 - Dependent Children Judgments and Orders › Section 366.27.

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.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2 - CHILDREN › PART 1 - DELINQUENTS AND WARDS OF THE JUVENILE COURT › CHAPTER 2 - Juvenile Court Law › ARTICLE 10 - Dependent Children Judgments and Orders › Section 366.28.

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).)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2 - CHILDREN › PART 1 - DELINQUENTS AND WARDS OF THE JUVENILE COURT › CHAPTER 2 - Juvenile Court Law › ARTICLE 10 - Dependent Children Judgments and Orders › Section 366.29.

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.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2 - CHILDREN › PART 1 - DELINQUENTS AND WARDS OF THE JUVENILE COURT › CHAPTER 2 - Juvenile Court Law › ARTICLE 10 - Dependent Children Judgments and Orders › Section 366.32.

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.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2 - CHILDREN › PART 1 - DELINQUENTS AND WARDS OF THE JUVENILE COURT › CHAPTER 2 - Juvenile Court Law › ARTICLE 10 - Dependent Children Judgments and Orders › Section 366.35.

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.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2 - CHILDREN › PART 1 - DELINQUENTS AND WARDS OF THE JUVENILE COURT › CHAPTER 2 - Juvenile Court Law › ARTICLE 10 - Dependent Children Judgments and Orders › Section 366.4.

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.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2 - CHILDREN › PART 1 - DELINQUENTS AND WARDS OF THE JUVENILE COURT › CHAPTER 2 - Juvenile Court Law › ARTICLE 10 - Dependent Children Judgments and Orders › Section 366.5.

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.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2 - CHILDREN › PART 1 - DELINQUENTS AND WARDS OF THE JUVENILE COURT › CHAPTER 2 - Juvenile Court Law › ARTICLE 10 - Dependent Children Judgments and Orders › Section 367.

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.)
2023 California Code › Welfare and Institutions Code - WIC › DIVISION 2 - CHILDREN › PART 1 - DELINQUENTS AND WARDS OF THE JUVENILE COURT › CHAPTER 2 - Juvenile Court Law › ARTICLE 10 - Dependent Children Judgments and Orders › Section 368.

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.)