§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 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 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).]