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§8.04 Evidence

If you ordered parental rights terminated and that the child be placed for adoption, or if you’re considering a tribal customary adoption without terminating parental rights [WIC §366.24], DSS must prepare a report pursuant to WIC §366.3(g).

You must read and consider the case plan and reports submitted by the social worker, any CASA volunteer, and by any caregiver. [See WIC §366.3(g); CRC 5.740(a)(1), (b)(1).] You must also inquire about the progress being made to provide a permanent home, and consider the child's safety. [WIC §366.3(e), (g); CRC 5.740(a)(1), (b)(1).]

You must determine that the social worker solicited and integrated input from the child, the child’s family, the child’s identified Indian tribe, and other interested parties into the case plan, or you must order the social worker to do so unless each of these participants was unavailable, unwilling, or unable.  [CRC 5.740(b)(2).]

You must determine that a child age 12 age or older and in permanent placement was given an opportunity to review, sign, and receive a copy of the case plan, or you must order the agency to do so.  [CRC 5.740(b)(3).]

As done at previous hearings, at the postpermanency planning 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).] If you appoint a guardian for the child, all educational rights and responsibilities transfer to the newly appointed guardian, unless you determine that the guardian is not able to act in the child’s best interests regarding education. [CRC 5.650(e).] For further discussion, see Part 1, §3.11.

Similarly, the social worker must submit a report and a copy of the Transitional Independent Living Case Plan at a status review hearing for a nonminor dependent at least 10 calendar days before the hearing. [CRC 5.903(d).]

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