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§8.03 Notice of Hearing

[1] Who Receives Notice
[2] Length of Notice

[1] Who Receives Notice

The social worker must give notice of the review hearing to the following people [WIC §295(a); CRC 5.534(n); see WIC §295(d)(1) [content of notice]]:

  • Mother and any presumed father or father receiving services;
  • Legal guardian;
  • 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;
  • Each attorney of record not present when the hearing was set;
  • Current caregivers of the child, including foster parents, relatives, preadoptive parents, and nonrelative extended family members with physical custody of the child if the child has been removed from the custody of the parent or guardian; and
  • The educational representative or developmental services decision maker appointed for the child, if there is one [WIC §361; CRC 5.650(j)].

Notice is not required for a parent whose parental rights were terminated. [WIC §295(b).] As of January 1, 2012, notice is also not required to a parent of a nonminor dependent as defined by WIC §11400(v), which includes qualifying dependents over the age of 18 and under the age of 21. [WIC §295(b).] The parent of a child in long-term foster care has the right to participate in the child’s postpermanency review, without conditioning that right on an offer of proof. [WIC §366.3(f); In re J.F. (2011) 196 CA4th 321, 331, 335.]

Notice of a status review hearing is served by the social worker in the manner provided in WIC §295. The social worker must file proof of service at least five court days before the hearing. [CRC 5.903(c).]

ICWA Caution ICWA

[2] Length of Notice

Notice must be served not earlier than 30 days nor later than 15 days before the hearing. [WIC §295(c).]


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