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§6.07 Common Issues

Common issues at review hearings include:

  • Whether the child may safely be returned to the parents’ custody;
  • Whether the concurrent permanency planning services provided for the child were reasonable;
  • Whether visitation was adequate;
  • Requests to authorize medical treatment, therapy, or other services for the child [see, e.g., form JV-448] ;
  • Whether to appoint a representative to make educational decisions [see below];
  • Requests to change the child’s placement;
  • Whether court-mandated reunification services should be continued or terminated; and
  • Requirements for a child approaching the age of majority [see CRC 5.707].

As done at the disposition hearing, at the review hearing you should also inquire about the child’s educational needs, determine who holds the educational rights for the child,  and determine the child’s general and specific educational needs and identify a plan to meet those needs. [CRC 5.651.] You may limit a parent’s or current caretaker’s right to make educational decisions for the child, and if you do, you must immediately proceed to appoint an educational representative for the child. [WIC §361; CRC 5.650(a)–(b).] For further discussion, see Part 1, §3.11.

ICWA Caution ICWA

You should also inquire about the child’s developmental services needs and who is the decision maker for such services. [See [WIC §361(a).] See discussion in §5.13[3].


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