Part 3 of the course covers review hearings and permanency proceedings in dependency cases.

VI. PERIODIC REVIEW HEARINGS

§6.01 Purpose

[1] In General
[2] Six-Month Review Hearing
[3] Twelve-Month Permanency Hearing
[4] Eighteen-Month Permanency Review Hearing

[1] In General
If you declare a child to be a dependent of the court, you must hold periodic review hearings throughout the dependency. Generally, these hearings must be held at intervals of no more than six months, starting from (a) the date of the disposition hearing if you allowed the child to remain at home, or (b) the date the child entered foster care if you removed the child from home. [See WIC §§364(a), 366(a)(1), 366.3(a); CRC 5.502(9)(A); In re Christina A. (2001) 91 CA4th 1153, 1163-1165.] They ensure periodic review of [WIC §366(a)]:

• The child’s status;
• The necessity for and appropriateness of the child’s placement; and
• The extent of compliance with the case plan for the child.

[2] Six-Month Review Hearing

The purposes of the six-month review hearing are [see WIC §366.21(e); CRC 5.710(e)]:

• To return the child to the home unless there is a substantial risk of detriment;
• To terminate jurisdiction if there are no longer grounds to continue;
• To review the case plan, reunification services, and concurrent permanency planning; and/or
• If the child is not returned at this hearing, to move expeditiously toward return of the child or to a permanent plan for out-of-home placement.

[3] Twelve-Month Permanency Hearing

The purposes of a 12-month permanency hearing are [see WIC §366.21(f); CRC 5.715(c)]:

• To return the child unless there is a substantial risk of detriment;
• To terminate jurisdiction if there are no longer grounds to continue;
• To review the case plan, reunification services, independent living programs, and concurrent permanency planning; and/or
• To terminate reunification services and, if the child is not returned to the parent, facilitate an alternative permanent plan unless reasonable services have not been offered or provided, or there is a substantial probability of return within 18 months from the date of removal from home.

[4] Eighteen-Month Permanency Review Hearing

An 18-month permanency review hearing is held if you continued the case at the 12-month permanency hearing because there was a substantial probability that the child would be returned to a parent or guardian within six months, or that reasonable reunification services were not provided. [WIC §366.21(g).] The purposes of an 18-month permanency review hearing are [see WIC §366.22; CRC 5.720(c)]:

• To return the child, unless there is a substantial risk of detriment;
• To terminate jurisdiction if there are no longer grounds to continue; and/or
• To terminate reunification services and, if the child is not returned, to facilitate an alternative permanent plan.