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§3.02 Notice of Hearing

[1] Who Receives Notice
[2] Time Limits for Notice
        [a] Child Detained
        [b] Child Not Detained

[1] Who Receives Notice

After a dependency petition is filed, the social worker must give oral or written notice of hearing along with a copy of the petition. [WIC §290.1(d), (e); CRC 5.524(e), (h); see JV–510 (proof of service).] Notice must be given to [WIC §290.1(a), (b), (f); CRC 5.524(e)]:

  • The parents (unless parental rights were terminated), including any alleged or presumed father, regardless of who is the custodial parent [see Part 1, §3.07];
  • Any legal guardians or a parent’s conservator [In re Daniel S. (2004) 115 CA4th 903, 911–912];
  • The child if age 10 or older, and his or her counsel and CASA [WIC §106];
  • Any known sibling and his or her caregiver and attorney if the sibling is a juvenile dependent or the subject of a dependency proceeding;
  • Adult relatives within the county or nearest to your court if there is no resident parent or guardian;
  • The parents’ or guardian’s attorney;
  • The district attorney if the district attorney asked the clerk to send him or her notice; and
  • The probate department of any court that appointed a guardian.

If the agency knows or has reason to know that an Indian child is involved, notice must comply with ICWA. [WIC §§290.1(f), 224.2; CRC 5.481.]

After a petition is filed, your court clerk issues similar notice. [See WIC §290.2(a), (b), (e); CRC 5.524(e).]

In dependency proceedings, lack of prior notice constitutes a reversible miscarriage of justice when there is a reasonable probability that the outcome of the court’s analysis would have been different if the parties had prior notice. [In re Andrew A. (2010) 183 CA4th 1518, 1528.]

ICWA Caution ICWA

[2] Time Limits for Notice

[a] Child Detained

If a child is detained, the social worker must give notice as soon as possible after the petition is filed. [WIC §290.1(c).]

After a child is detained and a petition is filed, your court clerk also must give notice as soon as possible, and at least five days before the hearing. But if the hearing is set to occur in less than five days, notice must be given at least 24 hours before the hearing. [WIC §290.2(c)(1).]

[b] Child Not Detained

If a child is not detained, your clerk must give notice at least 10 days before the hearing. A person may waive service by voluntarily appearing in court or by filing a written waiver. [WIC §290.2(c)(2).]


   
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© 2006 by Judicial Council of California
updated as of January 1, 2012