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§6.02
Time of Hearings
You must
schedule periodic review hearings as follows:
- Set
a six-month review hearing within six months of disposition for
dependent children remaining at home, and every six months thereafter,
but not more than six months from the date the child entered foster
care if the child was removed from parental custody. [See WIC §§364(a), 366(a)(1);
CRC 5.502(9), 5.710(a); In re Christina A. (2001) 91 CA4th
1153, 11631165 [if child removed, hearing must be held within
six months from date the child entered foster care, despite contrary
language in WIC §§366(a)(1) and 366.21(e)].]
- If
services were extended to a 12-month date, set a 12-month permanency
hearing within 12 months from the date the child entered foster
care, but no later than 18 months from the date of initial removal.
[WIC §366.21(f);
see CRC 5.502(9), 5.715(a).]
- If
services were extended to an 18-month date, set an 18-month permanency
review hearing within 18 months from the date the child was first
removed from the physical custody of a parent or guardian. [WIC §366.21(g)(1); CRC 5.502(17), 5.720(a).]
You may
grant requests for continuances pursuant to WIC §352 and CRC 5.550 upon a showing of good cause, and a determination
that the continuance is not contrary to the child’s best interests.
The convenience of parties or a stipulation by counsel alone is not
good cause. [WIC §352(a); CRC 5.550(a)(2).] Continuances may result in a 12-month hearing becoming the 18-month permanency hearing. Absent extraordinary special needs, extending services beyond 18 months may be an abuse of discretion and exceed your court’s jurisdiction. [Denny H. v Superior Court (2005) 131 CA4th 1501, 1509–1511.]
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