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§4.04 Notice of Hearing

[1] Who Receives Notice
[2] Child Detained
[3] Child Not Detained

[1] Who Receives Notice

Your court clerk must give notice of hearing to [WIC §291(a)(1)-(8), (b), (d), (g)]:

  • The child (if 10 years old or older);
  • Any known sibling and his or her caregiver and attorney if the sibling is a juvenile dependent or the subject of a dependency proceeding;
  • The parents (unless parental rights were terminated), guardians, or appropriate adult relative;
  • The parties’ attorneys, unless they were present in court when the hearing was scheduled;
  • The district attorney, if the district attorney requested notice;
  • The foster parents, preadoptive parents, or present caregiver;
  • The educational or developmental services representative for the child, if there is one [WIC §319(g); CRC 5.650(j).];
  • Any CASA volunteer; and
  • The Indian custodian and tribe of an Indian child, or the Bureau of Indian Affairs.

ICWA Caution ICWA

[2] Child Detained

If the child was detained, the notice and petition must be served [WIC §291(c)(1)]:

  • As soon as possible and at least five days before the hearing; or
  • At least 24 hours before the hearing if the hearing is set less than five days after the petition is filed.

[3] Child Not Detained

If the child was not detained, the notice and petition must be served at least 10 calendar days before the hearing. [WIC §291(c)(2).]


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