725-742
WELFARE AND INSTITUTIONS CODE
SECTION 725-742
725. After receiving and considering the evidence on the proper
disposition of the case, the court may enter judgment as follows:
(a) If the court has found that the minor is a person described by
Section 601 or 602, by reason of the commission of an offense other
than any of the offenses set forth in Section 654.3, it may, without
adjudging the minor a ward of the court, place the minor on
probation, under the supervision of the probation officer, for a
period not to exceed six months. The minor's probation shall include
the conditions required in Section 729.2 except in any case in which
the court makes a finding and states on the record its reasons that
any of those conditions would be inappropriate. If the offense
involved the unlawful possession, use, or furnishing of a controlled
substance, as defined in Chapter 2 (commencing with Section 11053) of
Division 10 of the Health and Safety Code, a violation of
subdivision (f) of Section 647 of the Penal Code, or a violation of
Section 25662 of the Business and Professions Code, the minor's
probation shall include the conditions required by Section 729.10. If
the minor fails to comply with the conditions of probation imposed,
the court may order and adjudge the minor to be a ward of the court.
(b) If the court has found that the minor is a person described by
Section 601 or 602, it may order and adjudge the minor to be a ward
of the court.
725.5. In determining the judgment and order to be made in any case
in which the minor is found to be a person described in Section 602,
the court shall consider, in addition to other relevant and material
evidence, (1) the age of the minor, (2) the circumstances and
gravity of the offense committed by the minor, and (3) the minor's
previous delinquent history.
726. (a) In all cases in which a minor is adjudged a ward or
dependent child of the court, the court may limit the control to be
exercised over the ward or dependent child by any parent or guardian
and shall in its order, clearly and specifically set forth all those
limitations, but no ward or dependent child shall be taken from the
physical custody of a parent or guardian, unless upon the hearing the
court finds one of the following facts:
(1) That the parent or guardian is incapable of providing or has
failed or neglected to provide proper maintenance, training, and
education for the minor.
(2) That the minor has been tried on probation while in custody
and has failed to reform.
(3) That the welfare of the minor requires that custody be taken
from the minor's parent or guardian.
(b) Whenever the court specifically limits the right of the parent
or guardian to make educational decisions for the minor, the court
shall at the same time appoint a responsible adult to make
educational decisions for the child until one of the following
occurs:
(1) The minor reaches 18 years of age, unless the child chooses
not to make educational decisions for himself or herself, or is
deemed by the court to be incompetent.
(2) Another responsible adult is appointed to make educational
decisions for the minor pursuant to this section.
(3) The right of the parent or guardian to make educational
decisions for the minor is fully restored.
(4) A successor guardian or conservator is appointed.
(5) The child is placed into a planned permanent living
arrangement pursuant to paragraph (5) or (6) of subdivision (b) of
Section 727.3, at which time the foster parent, relative caretaker,
or nonrelative extended family member as defined in Section 362.7 has
the right to represent the child in educational matters pursuant to
Section 56055 of the Education Code.
An individual who would have a conflict of interest in
representing the child, as specified under federal regulations, may
not be appointed to make educational decisions. For purposes of this
section, "an individual who would have a conflict of interest," means
a person having any interests that might restrict or bias his or her
ability to make educational decisions, including, but not limited
to, those conflicts of interest prohibited by Section 1126 of the
Government Code, and the receipt of compensation or attorneys' fees
for the provision of services pursuant to this section. A foster
parent may not be deemed to have a conflict of interest solely
because he or she receives compensation for the provision of services
pursuant to this section.
If the court is unable to appoint a responsible adult to make
educational decisions for the child and paragraphs (1) to (5),
inclusive, do not apply, and the child has either been referred to
the local educational agency for special education and related
services, or has a valid individualized education program, the court
shall refer the child to the local educational agency for appointment
of a surrogate parent pursuant to Section 7579.5 of the Government
Code.
All educational and school placement decisions shall seek to
ensure that the child is in the least restrictive educational
programs and has access to the academic resources, services, and
extracurricular and enrichment activities that are available to all
pupils. In all instances, educational and school placement decisions
shall be based on the best interests of the child.
(c) If the minor is removed from the physical custody of his or
her parent or guardian as the result of an order of wardship made
pursuant to Section 602, the order shall specify that the minor may
not be held in physical confinement for a period in excess of the
maximum term of imprisonment which could be imposed upon an adult
convicted of the offense or offenses which brought or continued the
minor under the jurisdiction of the juvenile court.
As used in this section and in Section 731, "maximum term of
imprisonment" means the longest of the three time periods set forth
in paragraph (2) of subdivision (a) of Section 1170 of the Penal
Code, but without the need to follow the provisions of subdivision
(b) of Section 1170 of the Penal Code or to consider time for good
behavior or participation pursuant to Sections 2930, 2931, and 2932
of the Penal Code, plus enhancements which must be proven if pled.
If the court elects to aggregate the period of physical
confinement on multiple counts or multiple petitions, including
previously sustained petitions adjudging the minor a ward within
Section 602, the "maximum term of imprisonment" shall be the
aggregate term of imprisonment specified in subdivision (a) of
Section 1170.1 of the Penal Code, which includes any additional term
imposed pursuant to Section 667, 667.5, 667.6, or 12022.1 of the
Penal Code, and Section 11370.2 of the Health and Safety Code.
If the charged offense is a misdemeanor or a felony not included
within the scope of Section 1170 of the Penal Code, the "maximum term
of imprisonment" is the longest term of imprisonment prescribed by
law.
"Physical confinement" means placement in a juvenile hall, ranch,
camp, forestry camp or secure juvenile home pursuant to Section 730,
or in any institution operated by the Youth Authority.
This section does not limit the power of the court to retain
jurisdiction over a minor and to make appropriate orders pursuant to
Section 727 for the period permitted by Section 607.
726.4. (a) At the disposition hearing, in any case where the court
orders the care, custody, and control of the minor to be under the
supervision of the probation officer for foster care placement
pursuant to subdivision (a) of Section 727, the court shall inquire
of the mother and any other appropriate person as to the identity and
address of all presumed or alleged fathers. The presence at the
hearing of a man claiming to be the father shall not relieve the
court of its duty of inquiry. The inquiry may include all of the
following:
(1) Whether a judgment of paternity already exists.
(2) Whether the mother was married or believed she was married at
the time of conception of the child or at any time thereafter.
(3) Whether the mother was cohabiting with a man at the time of
conception or birth of the child.
(4) Whether the mother has received support payments or promises
of support with respect to the child or in connection with her
pregnancy.
(5) Whether any man has formally or informally acknowledged or
declared his possible paternity of the child.
(6) Whether paternity tests have been administered and the
results, if any.
(b) If, after the court inquiry, one or more men are identified as
an alleged father, each alleged father shall be provided notice at
his last and usual place of abode by certified mail return receipt
requested alleging that he is or could be the father of the child.
The notice shall state that the child is the subject of proceedings
under Section 602 and that the proceedings could result in the
termination of parental rights and adoption of the child. Nothing in
this section shall preclude a court from terminating a father's
parental rights even if he appears at the hearing and files an action
under Section 7630 or 7631 of the Family Code.
(c) The court may determine that the failure of an alleged father
to return the certified mail receipt is not good cause to continue a
hearing pursuant to Section 682.
(d) If a man appears in the delinquency action and files an action
under Section 7630 or 7631 of the Family Code, the court shall
determine if he is the father.
(e) After a petition has been filed to declare a minor a ward of
the court, and until the time that the petition is dismissed,
wardship is terminated, or parental rights are terminated pursuant to
Section 727.31, the juvenile court which has jurisdiction of the
wardship action shall have exclusive jurisdiction to hear an action
filed under Section 7630 or 7631 of the Family Code.
726.5. (a) At any time when (1) the minor is a ward of the juvenile
court under Section 725, or the court terminates wardship while the
minor remains under the age of 18 years, and (2) proceedings for
dissolution of marriage, for nullity of marriage, or for legal
separation of the minor's parents, proceedings to determine custody
of the child, or to establish paternity of the minor under the
Uniform Parentage Act, Part 3 (commencing with Section 7600) of
Division 12 of the Family Code are pending in the superior court of
any county, or an order has been entered with regard to the custody
of the minor, the juvenile court may issue a protective order as
provided in Section 213.5 or as defined in Section 6218 of the Family
Code and may issue an order determining parentage, custody of, or
visitation with, the minor.
A custody or visitation order issued by the juvenile court
pursuant to this subdivision shall be made in accordance with the
procedures and criteria of Part 2 (commencing with Section 3020) of
Division 8 of the Family Code. An order determining parentage issued
by the juvenile court pursuant to this subdivision shall be made in
accordance with the procedures and presumptions of the Uniform
Parentage Act, Part 3 (commencing with Section 7600) of Division 12
of the Family Code.
(b) If the juvenile court decides to issue an order pursuant to
subdivision (a), the juvenile court shall provide notice of that
decision to the superior court in which the proceeding to decide
parentage, custody of, or visitation with, the minor is pending. The
clerk of the superior court, upon receipt of the notice, shall file
the notice with other documents and records of the pending proceeding
and send by first-class mail a copy of the notice to all parties of
record in that proceeding.
(c) Any order issued under this section shall continue until
modified or terminated by a subsequent order of the juvenile court.
The order of the juvenile court shall be filed in the proceeding for
nullity, dissolution, or legal separation, or in the proceeding to
determine custody or to establish paternity, if that proceeding is
pending at the time the juvenile court terminates its jurisdiction
over the minor. The order shall then become a part of that proceeding
and may be terminated or modified as the court in that proceeding
deems appropriate.
(d) If no action is filed or pending relating to the custody of
the minor in the superior court of any county at the time the
juvenile court terminates its jurisdiction over the minor, the
juvenile court order entered pursuant to subdivision (a) may be used
as the sole basis for opening a file in the superior court of the
county in which the parent who has been awarded physical custody
resides. The clerk of the juvenile court shall transmit the order to
the clerk of the superior court of the county in which the order is
to be filed. The clerk of the superior court shall, upon receipt,
open a file, without a filing fee, and assign a case number.
(e) The clerk of the superior court shall, upon the filing of any
juvenile court order pursuant to subdivision (d), send by first-class
mail a copy of the order with the case number, to the juvenile court
and to the parents at the address listed on the order.
(f) The Judicial Council shall adopt forms for orders issued under
this section. These orders shall not be confidential.
727. (a) When a minor is adjudged a ward of the court on the ground
that he or she is a person described by Section 601 or 602, the
court may make any and all reasonable orders for the care,
supervision, custody, conduct, maintenance, and support of the minor,
including medical treatment, subject to further order of the court.
To facilitate coordination and cooperation among governmental
agencies, the court may, after giving notice and an opportunity to be
heard, join in the juvenile court proceedings any agency that the
court determines has failed to meet a legal obligation to provide
services to the minor. However, no governmental agency shall be
joined as a party in a juvenile court proceeding in which a minor has
been ordered committed to the Department of the Youth Authority. In
any proceeding in which an agency is joined, the court shall not
impose duties upon the agency beyond those mandated by law. Nothing
in this section shall prohibit agencies which have received notice of
the hearing on joinder from meeting prior to the hearing to
coordinate services for the minor.
The court has no authority to order services unless it has been
determined through the administrative process of an agency that has
been joined as a party, that the minor is eligible for those
services. With respect to mental health assessment, treatment, and
case management services pursuant to Chapter 26.5 (commencing with
Section 7570) of Division 7 of Title 1 of the Government Code, the
court's determination shall be limited to whether the agency has
complied with that chapter.
In the discretion of the court, a ward may be ordered to be on
probation without supervision of the probation officer. The court, in
so ordering, may impose on the ward any and all reasonable
conditions of behavior as may be appropriate under this disposition.
A minor who has been adjudged a ward of the court on the basis of the
commission of any of the offenses described in subdivision (b) or
paragraph (2) of subdivision (d) of Section 707, Section 459 of the
Penal Code, or subdivision (a) of Section 11350 of the Health and
Safety Code, shall not be eligible for probation without supervision
of the probation officer. A minor who has been adjudged a ward of the
court on the basis of the commission of any offense involving the
sale or possession for sale of a controlled substance, except
misdemeanor offenses involving marijuana, as specified in Chapter 2
(commencing with Section 11053) of Division 10 of the Health and
Safety Code, or of an offense in violation of Section 12220 of the
Penal Code, shall be eligible for probation without supervision of
the probation officer only when the court determines that the
interests of justice would best be served and states reasons on the
record for that determination.
In all other cases, the court shall order the care, custody, and
control of the minor to be under the supervision of the probation
officer who may place the minor in any of the following:
(1) The approved home of a relative, or the approved home of a
nonrelative, extended family member as defined in Section 362.7. When
a decision has been made to place the minor in the home of a
relative, the court may authorize the relative to give legal consent
for the minor's medical, surgical, and dental care and education as
if the relative caretaker were the custodial parent of the minor.
(2) A suitable licensed community care facility.
(3) With a foster family agency to be placed in a suitable
licensed foster family home or certified family home which has been
certified by the agency as meeting licensing standards.
(4) (A) Every child adjudged a ward of the juvenile court who is
residing in a placement as defined in paragraphs (1) to (3),
inclusive, shall be entitled to participate in age-appropriate
extracurricular, enrichment, and social activities. No state or local
regulation or policy may prevent, or create barriers to,
participation in those activities. Each state and local entity shall
ensure that private agencies that provide foster care services to
wards have policies consistent with this section and that those
agencies promote and protect the ability of wards to participate in
age-appropriate extracurricular, enrichment, and social activities. A
group home administrator, a facility manager, or his or her
responsible designee, and a caregiver, as defined in paragraph (1) of
subdivision (a) of Section 362.04, shall use a reasonable and
prudent parent standard, as defined in paragraph (2) of subdivision
(a) of Section 362.04, in determining whether to give permission for
a child residing in foster care to participate in extracurricular,
enrichment, and social activities. A group home administrator, a
facility manager, or his or her responsible designee, and a caregiver
shall take reasonable steps to determine the appropriateness of the
activity taking into consideration the child's age, maturity, and
developmental level.
(B) A group home administrator or a facility manager, or his or
her responsible designee, is encouraged to consult with social work
or treatment staff members who are most familiar with the child at
the group home in applying and using the reasonable and prudent
parent standard.
(b) When a minor has been adjudged a ward of the court on the
ground that he or she is a person described in Section 601 or 602 and
the court finds that notice has been given in accordance with
Section 661, and when the court orders that a parent or guardian
shall retain custody of that minor either subject to or without the
supervision of the probation officer, the parent or guardian may be
required to participate with that minor in a counseling or education
program including, but not limited to, parent education and parenting
programs operated by community colleges, school districts, or other
appropriate agencies designated by the court.
(c) The juvenile court may direct any and all reasonable orders to
the parents and guardians of the minor who is the subject of any
proceedings under this chapter as the court deems necessary and
proper to carry out subdivisions (a) and (b), including orders to
appear before a county financial evaluation officer and orders
directing the parents or guardians to ensure the minor's regular
school attendance and to make reasonable efforts to obtain
appropriate educational services necessary to meet the needs of the
minor.
When counseling or other treatment services are ordered for the
minor, the parent, guardian, or foster parent shall be ordered to
participate in those services, unless participation by the parent,
guardian, or foster parent is deemed by the court to be inappropriate
or potentially detrimental to the child.
727. (a) When a minor is adjudged a ward of the court on the ground
that he or she is a person described by Section 601 or 602, the
court may make any and all reasonable orders for the care,
supervision, custody, conduct, maintenance, and support of the minor,
including medical treatment, subject to further order of the court.
To facilitate coordination and cooperation among governmental
agencies, the court may, after giving notice and an opportunity to be
heard, join in the juvenile court proceedings any agency that the
court determines has failed to meet a legal obligation to provide
services to the minor. However, no governmental agency shall be
joined as a party in a juvenile court proceeding in which a minor has
been ordered committed to the Department of the Youth Authority. In
any proceeding in which an agency is joined, the court shall not
impose duties upon the agency beyond those mandated by law. Nothing
in this section shall prohibit agencies which have received notice of
the hearing on joinder from meeting prior to the hearing to
coordinate services for the minor.
The court has no authority to order services unless it has been
determined through the administrative process of an agency that has
been joined as a party, that the minor is eligible for those
services. With respect to mental health assessment, treatment, and
case management services pursuant to Chapter 26.5 (commencing with
Section 7570) of Division 7 of Title 1 of the Government Code, the
court's determination shall be limited to whether the agency has
complied with that chapter.
In the discretion of the court, a ward may be ordered to be on
probation without supervision of the probation officer. The court, in
so ordering, may impose on the ward any and all reasonable
conditions of behavior as may be appropriate under this disposition.
A minor who has been adjudged a ward of the court on the basis of the
commission of any of the offenses described in subdivision (b) or
paragraph (2) of subdivision (d) of Section 707, Section 459 of the
Penal Code, or subdivision (a) of Section 11350 of the Health and
Safety Code, shall not be eligible for probation without supervision
of the probation officer. A minor who has been adjudged a ward of the
court on the basis of the commission of any offense involving the
sale or possession for sale of a controlled substance, except
misdemeanor offenses involving marijuana, as specified in Chapter 2
(commencing with Section 11053) of Division 10 of the Health and
Safety Code, or of an offense in violation of Section 32625 of the
Penal Code, shall be eligible for probation without supervision of
the probation officer only when the court determines that the
interests of justice would best be served and states reasons on the
record for that determination.
In all other cases, the court shall order the care, custody, and
control of the minor to be under the supervision of the probation
officer who may place the minor in any of the following:
(1) The approved home of a relative, or the approved home of a
nonrelative, extended family member as defined in Section 362.7. When
a decision has been made to place the minor in the home of a
relative, the court may authorize the relative to give legal consent
for the minor's medical, surgical, and dental care and education as
if the relative caretaker were the custodial parent of the minor.
(2) A suitable licensed community care facility.
(3) With a foster family agency to be placed in a suitable
licensed foster family home or certified family home which has been
certified by the agency as meeting licensing standards.
(4) (A) Every child adjudged a ward of the juvenile court who is
residing in a placement as defined in paragraphs (1) to (3),
inclusive, shall be entitled to participate in age-appropriate
extracurricular, enrichment, and social activities. No state or local
regulation or policy may prevent, or create barriers to,
participation in those activities. Each state and local entity shall
ensure that private agencies that provide foster care services to
wards have policies consistent with this section and that those
agencies promote and protect the ability of wards to participate in
age-appropriate extracurricular, enrichment, and social activities. A
group home administrator, a facility manager, or his or her
responsible designee, and a caregiver, as defined in paragraph (1) of
subdivision (a) of Section 362.04, shall use a reasonable and
prudent parent standard, as defined in paragraph (2) of subdivision
(a) of Section 362.04, in determining whether to give permission for
a child residing in foster care to participate in extracurricular,
enrichment, and social activities. A group home administrator, a
facility manager, or his or her responsible designee, and a caregiver
shall take reasonable steps to determine the appropriateness of the
activity taking into consideration the child's age, maturity, and
developmental level.
(B) A group home administrator or a facility manager, or his or
her responsible designee, is encouraged to consult with social work
or treatment staff members who are most familiar with the child at
the group home in applying and using the reasonable and prudent
parent standard.
(b) When a minor has been adjudged a ward of the court on the
ground that he or she is a person described in Section 601 or 602 and
the court finds that notice has been given in accordance with
Section 661, and when the court orders that a parent or guardian
shall retain custody of that minor either subject to or without the
supervision of the probation officer, the parent or guardian may be
required to participate with that minor in a counseling or education
program including, but not limited to, parent education and parenting
programs operated by community colleges, school districts, or other
appropriate agencies designated by the court.
(c) The juvenile court may direct any and all reasonable orders to
the parents and guardians of the minor who is the subject of any
proceedings under this chapter as the court deems necessary and
proper to carry out subdivisions (a) and (b), including orders to
appear before a county financial evaluation officer and orders
directing the parents or guardians to ensure the minor's regular
school attendance and to make reasonable efforts to obtain
appropriate educational services necessary to meet the needs of the
minor.
When counseling or other treatment services are ordered for the
minor, the parent, guardian, or foster parent shall be ordered to
participate in those services, unless participation by the parent,
guardian, or foster parent is deemed by the court to be inappropriate
or potentially detrimental to the child.
727.1. (a) When the court orders the care, custody, and control of
the minor to be under the supervision of the probation officer for
foster care placement pursuant to subdivision (a) of Section 727, the
decision regarding choice of placement shall be based upon selection
of a safe setting that is the least restrictive or most family like,
and the most appropriate setting that is available and in close
proximity to the parent's home, consistent with the selection of the
environment best suited to meet the minor's special needs and best
interests. The selection shall consider, in order of priority,
placement with relatives, tribal members, and foster family, group
care, and residential treatment pursuant to Section 7950 of the
Family Code.
(b) Unless otherwise authorized by law, the court may not order
the placement of a minor who is adjudged a ward of the court on the
basis that he or she is a person described by either Section 601 or
602 in a private residential facility or program that provides
24-hour supervision, outside of the state, unless the court finds, in
its order of placement, that all of the following conditions are
met:
(1) In-state facilities or programs have been determined to be
unavailable or inadequate to meet the needs of the minor.
(2) The State Department of Social Services or its designee has
performed initial and continuing inspection of the out-of-state
residential facility or program and has either certified that the
facility or program meets all licensure standards required of group
homes operated in California or that the department has granted a
waiver to a specific licensing standard upon a finding that there
exists no adverse impact to health and safety, pursuant to
subdivision (c) of Section 7911.1 of the Family Code.
(3) The requirements of Section 7911.1 of the Family Code are met.
(c) If, upon inspection, the probation officer of the county in
which the minor is adjudged a ward of the court determines that the
out-of-state facility or program is not in compliance with the
standards required under paragraph (2) of subdivision (b) or has an
adverse impact on the health and safety of the minor, the probation
officer may temporarily remove the minor from the facility or
program. The probation officer shall promptly inform the court of the
minor's removal, and shall return the minor to the court for a
hearing to review the suitability of continued out-of-state
placement. The probation officer shall, within one business day of
removing the minor, notify the State Department of Social Services'
Compact Administrator, and, within five working days, submit a
written report of the findings and actions taken.
(d) The court shall review each of these placements for compliance
with the requirements of subdivision (b) at least once every six
months.
(e) The county shall not be entitled to receive or expend any
public funds for the placement of a minor in an out-of-state group
home unless the conditions of subdivisions (b) and (d) are met.
727.2. The purpose of this section is to provide a means to monitor
the safety and well-being of every minor in foster care who has been
declared a ward of the juvenile court pursuant to Section 601 or 602
and to ensure that everything reasonably possible is done to
facilitate the safe and early return of the minor to his or her home
or to establish an alternative permanent plan for the minor.
(a) If the court orders the care, custody, and control of the
minor to be under the supervision of the probation officer for
placement pursuant to subdivision (a) of Section 727, the juvenile
court shall order the probation department to ensure the provision of
reunification services to facilitate the safe return of the minor to
his or her home or the permanent placement of the minor, and to
address the needs of the minor while in foster care, except as
provided in subdivision (b).
(b) Reunification services need not be provided to a parent or
legal guardian if the court finds by clear and convincing evidence
that one or more of the following is true:
(1) Reunification services were previously terminated for that
parent or guardian, pursuant to Section 366.21 or 366.22, or not
offered, pursuant to subdivision (b) of Section 361.5, in reference
to the same minor.
(2) The parent has been convicted of any of the following:
(A) Murder of another child of the parent.
(B) Voluntary manslaughter of another child of the parent.
(C) Aiding or abetting, attempting, conspiring, or soliciting to
commit that murder or manslaughter described in subparagraph (A) or
(B).
(D) A felony assault that results in serious bodily injury to the
minor or another child of the parent.
(3) The parental rights of the parent with respect to a sibling
have been terminated involuntarily, and it is not in the best
interest of the minor to reunify with his or her parent or legal
guardian.
If no reunification services are offered to the parent or
guardian, the permanency planning hearing, as described in Section
727.3, shall occur within 30 days of the date of the hearing at which
the decision is made not to offer services.
(c) The status of every minor declared a ward and ordered to be
placed in foster care shall be reviewed by the court no less
frequently than once every six months. The six-month time periods
shall be calculated from the date the minor entered foster care, as
defined in paragraph (4) of subdivision (d) of Section 727.4. If the
court so elects, the court may declare the hearing at which the court
orders the care, custody, and control of the minor to be under the
supervision of the probation officer for foster care placement
pursuant to subdivision (a) of Section 727 at the first status review
hearing. It shall be the duty of the probation officer to prepare a
written social study report including an updated case plan, pursuant
to subdivision (b) of Section 706.5, and submit the report to the
court prior to each status review hearing, pursuant to subdivision
(b) of Section 727.4. The social study report shall include all
reports the probation officer relied upon in making his or her
recommendations.
(d) Prior to any status review hearing involving a minor in the
physical custody of a community care facility or foster family
agency, the facility or agency may provide the probation officer with
a report containing its recommendations. Prior to any status review
hearing involving the physical custody of a foster parent, relative
caregiver, preadoptive parent, or legal guardian, that person may
present to the court a report containing his or her recommendations.
The court shall consider all reports and recommendations filed
pursuant to subdivision (c) and pursuant to this subdivision.
(e) At any status review hearing prior to the first permanency
planning hearing, the court shall consider the safety of the minor
and make findings and orders which determine the following:
(1) The continuing necessity for and appropriateness of the
placement.
(2) The extent of the probation department's compliance with the
case plan in making reasonable efforts to safely return the minor to
the minor's home or to complete whatever steps are necessary to
finalize the permanent placement of the minor.
(3) Whether there should be any limitation on the right of the
parent or guardian to make educational decisions for the minor. That
limitation shall be specifically addressed in the court order and may
not exceed what is necessary to protect the minor. If the court
specifically limits the right of the parent or guardian to make
educational decisions for the minor, the court shall at the same time
appoint a responsible adult to make educational decisions for the
minor pursuant to Section 726.
(4) The extent of progress that has been made by the minor and
parent or guardian toward alleviating or mitigating the causes
necessitating placement in foster care.
(5) The likely date by which the minor may be returned to and
safely maintained in the home or placed for adoption, appointed a
legal guardian, permanently placed with a fit and willing relative or
referred to another planned permanent living arrangement.
(6) In the case of a minor who has reached 16 years of age, the
court shall, in addition, determine the services needed to assist the
minor to make the transition from foster care to independent living.
The court shall make these determinations on a case-by-case basis
and reference in its written findings the probation officer's report
and any other evidence relied upon in reaching its decision.
(f) At any status review hearing prior to the first permanency
hearing, the court shall order return of the minor to the physical
custody of his or her parent or legal guardian unless the court
finds, by a preponderance of evidence, that the return of the minor
to his or her parent or legal guardian would create a substantial
risk of detriment to the safety, protection, or physical or emotional
well-being of the minor. The probation department shall have the
burden of establishing that detriment. In making its determination,
the court shall review and consider the social study report,
recommendations, and the case plan pursuant to subdivision (b) of
Section 706.5, the report and recommendations of any child advocate
appointed for the minor in the case, and any other reports submitted
to the court pursuant to subdivision (d), and shall consider the
efforts or progress, or both, demonstrated by the minor and family
and the extent to which the minor availed himself or herself of the
services provided.
(g) At all status review hearings subsequent to the first
permanency planning hearing, the court shall consider the safety of
the minor and make the findings and orders as described in paragraphs
(1) to (4), inclusive, and (6) of subdivision (e). The court shall
either make a finding that the previously ordered permanent plan
continues to be appropriate or shall order that a new permanent plan
be adopted pursuant to subdivision (b) of Section 727.3. However, the
court shall not order a permanent plan of "return to the physical
custody of the parent or legal guardian after further reunification
services are offered," as described in paragraph (2) of subdivision
(b) of Section 727.3.
(h) The status review hearings required by subdivision (c) may be
heard by an administrative review panel, provided that the
administrative panel meets all of the requirements listed in
subparagraph (B) of paragraph (7) of subdivision (d) of Section
727.4.
(i) On and after January 1, 2012, at any status review hearing at
which a recommendation to terminate delinquency jurisdiction is being
considered, or at the status review hearing held closest to the ward
attaining 18 years of age, but no fewer than 60 days before the ward'
s 18th birthday, the court shall consider whether to modify its
jurisdiction pursuant to Section 601 or 602 and assume jurisdiction
over the child as a dependent pursuant to Section 300. The probation
department shall address this issue in its report to the court and
make a recommendation as to whether dependency jurisdiction is
appropriate for the child. If the court finds that the ward no longer
requires delinquency supervision, but is at risk of abuse or neglect
and cannot be returned home safely, the court shall set a hearing
pursuant to Section 241.1 to determine whether a modification of its
jurisdiction, as described in subdivision (d) of Section 241.1, is
appropriate.
(j) On and after January 1, 2012, if a review hearing pursuant to
this section is the last review hearing to be held before the minor
attains 18 years of age, the court shall ensure that the minor's
transitional independent living case plan includes a plan for the
minor to meet one or more of the criteria in Section 11403, so that
the minor can become a nonminor dependent, and that the minor has
been informed of his or her right to decline to become a nonminor
dependent and to seek termination of the court's jurisdiction
pursuant to Section 785.
727.3. The purpose of this section is to provide a means to monitor
the safety and well-being of every minor in foster care who has been
declared a ward of the juvenile court pursuant to Section 601 or 602
and to ensure that everything reasonably possible is done to
facilitate the safe and early return of the minor to his or her own
home or to establish an alternative permanent plan for the minor.
(a) (1) For every minor declared a ward and ordered to be placed
in foster care, a permanency planning hearing shall be conducted
within 12 months of the date the minor entered foster care, as
defined in paragraph (4) of subdivision (d) of Section 727.4.
Subsequent permanency planning hearings shall be conducted
periodically, but no less frequently than once every 12 months
thereafter during the period of placement. It shall be the duty of
the probation officer to prepare a written social study report
including an updated case plan and a recommendation for a permanent
plan, pursuant to subdivision (c) of Section 706.5, and submit the
report to the court prior to each permanency planning hearing,
pursuant to subdivision (b) of Section 727.4.
(2) Prior to any permanency planning hearing involving a minor in
the physical custody of a community care facility or foster family
agency, the facility or agency may file with the court a report
containing its recommendations, in addition to the probation officer'
s social study. Prior to any permanency planning hearing involving
the physical custody of a foster parent, relative caregiver,
preadoptive parent, or legal guardian, that person may present to the
court a report containing his or her recommendations. The court
shall consider all reports and recommendations filed pursuant to this
subdivision.
(3) If the minor has a continuing involvement with his or her
parents or legal guardians, the parents or legal guardians shall be
involved in the planning for a permanent placement. The court order
placing the minor in a permanent placement shall include a
specification of the nature and frequency of visiting arrangements
with the parents or legal guardians.
(4) At each permanency planning hearing, the court shall order a
permanent plan for the minor, as described in subdivision (b). The
court shall also make findings, as described in subdivision (e) of
Section 727.2. In the case of a minor who has reached 16 years of age
or older, the court shall, in addition, determine the services
needed to assist the minor to make the transition from foster care to
independent living. The court shall make all of these determinations
on a case-by-case basis and make reference to the probation officer'
s report, the case plan, or other evidence relied upon in making its
decisions.
(b) At all permanency planning hearings, the court shall determine
the permanent plan for the minor. The court shall order one of the
following permanent plans, which are, in order of priority:
(1) Return of the minor to physical custody of the parent or legal
guardian. The court shall order the return of the minor to the
physical custody of his or her parent or legal guardian unless:
(A) Reunification services were not offered, pursuant to
subdivision (b) of Section 727.2.
(B) The court finds, by a preponderance of the evidence, that the
return of the minor to his or her parent or legal guardian would
create a substantial risk of detriment to the safety, protection, or
physical or emotional well-being of the minor. The probation
department shall have the burden of establishing that detriment. In
making its determination, the court shall review and consider the
social study report and recommendations pursuant to Section 706.5,
the report and recommendations of any child advocate appointed for
the minor in the case, and any other reports submitted pursuant to
paragraph (2) of subdivision (a), and shall consider the efforts or
progress, or both, demonstrated by the minor and family and the
extent to which the minor availed himself or herself of the services
provided.
(2) Order that the permanent plan for the minor will be to return
the minor to the physical custody of the parent or legal guardian,
order further reunification services to be provided to the minor and
his or her parent or legal guardian for a period not to exceed six
months and continue the case for up to six months for a subsequent
permanency planning hearing, provided that the subsequent hearing
shall occur within 18 months of the date the minor was originally
taken from physical custody of his or her parent or legal guardian.
The court shall continue the case only if it finds that there is a
substantial probability that the minor will be returned to the
physical custody of his or her parent or legal guardian and safely
maintained in the home within the extended period of time or that
reasonable services have not been provided to the parent or guardian.
For purposes of this section, in order to find that there is a
substantial probability that the minor will be returned to the
physical custody of his or her parent or legal guardian, the court
shall be required to find that the minor and his or her parent or
legal guardian have demonstrated the capacity and ability to complete
the objectives of the case plan.
The court shall inform the parent or legal guardian that if the
minor cannot be returned home by the next permanency planning
hearing, a proceeding pursuant to Section 727.31 may be initiated.
The court shall not continue the case for further reunification
services if it has been 18 months or more since the date the minor
was originally taken from the physical custody of his or her parent
or legal guardian.
(3) Identify adoption as the permanent plan and order that a
hearing be held within 120 days, pursuant to the procedures described
in Section 727.31. The court shall only set a hearing pursuant to
Section 727.31 if there is clear and convincing evidence that
reasonable services have been provided or offered to the parents.
When the court sets a hearing pursuant to Section 727.31, it shall
order that an adoption assessment report be prepared, pursuant to
subdivision (b) of Section 727.31.
(4) Order a legal guardianship, pursuant to procedures described
in subdivisions (c) to (f), inclusive, of Section 728.
(5) Place the minor with a fit and willing relative. "Placement
with a fit and willing relative" means placing the minor with an
appropriate relative on a permanent basis. When a minor is placed
with a fit and willing relative, the court may authorize the relative
to provide the same legal consent for the minor's medical, surgical,
and dental care, and education as the custodial parent of the minor.
(6) Place the minor in a planned permanent living arrangement. A
"planned permanent living arrangement" means any permanent living
arrangement described in Section 11402 and not listed in paragraphs
(1) to (5), inclusive, such as placement in a specific, identified
foster family home, program, or facility on a permanent basis, or
placement in a transitional housing placement facility. When the
court places a minor in a planned permanent living arrangement, the
court shall specify the goal of the placement, which may include, but
shall not be limited to, return home, emancipation, guardianship, or
permanent placement with a relative.
The court shall only order that the minor remain in a planned
permanent living arrangement if the court finds by clear and
convincing evidence, based upon the evidence already presented to it
that there is a compelling reason, as defined in subdivision (c), for
determining that a plan of termination of parental rights and
adoption is not in the best interest of the minor.
(c) A compelling reason for determining that a plan of termination
of parental rights and adoption is not in the best interest of the
minor is any of the following:
(1) Documentation by the probation department that adoption is not
in the best interest of the minor and is not an appropriate
permanency goal. That documentation may include, but is not limited
to, documentation that:
(A) The minor is 12 years of age or older and objects to
termination of parental rights.
(B) The minor is an older teen who specifically requests that
emancipation be established as his or her permanent plan.
(C) The parent or guardian and the minor have a significant bond,
but the parent or guardian is unable to care for the minor because of
an emotional or physical disability, and the minor's caregiver has
committed to raising the minor to the age of majority and
facilitating visitation with the disabled parent or guardian.
(D) The minor agrees to continued placement in a residential
treatment facility that provides services specifically designed to
address the minor's treatment needs, and the minor's needs could not
be served by a less restrictive placement.
The probation department's recommendation that adoption is not in
the best interest of the minor shall be based on the present family
circumstances of the minor and shall not preclude a different
recommendation at a later date if the minor's family circumstances
change.
(2) Documentation by the probation department that no grounds
exist to file for termination of parental rights.
(3) Documentation by the probation department that the minor is an
unaccompanied refugee minor, or there are international legal
obligations or foreign policy reasons that would preclude terminating
parental rights.
(4) A finding by the court that the probation department was
required to make reasonable efforts to reunify the minor with the
family pursuant to subdivision (a) of Section 727.2, and did not make
those efforts.
(5) Documentation by the probation department that the minor is
living with a relative who is unable or unwilling to adopt the minor
because of exceptional circumstances that do not include an
unwillingness to accept legal or financial responsibility for the
minor, but who is willing and capable of providing the minor with a
stable and permanent home environment, and the removal of the minor
from the physical custody of his or her relative would be detrimental
to the minor's emotional well-being.
(d) Nothing in this section shall be construed to limit the
ability of a parent to voluntarily relinquish his or her child to the
State Department of Social Services when it is acting as an adoption
agency in counties that are not served by a county adoption agency
or to a licensed county adoption agency at any time while the minor
is a ward of the juvenile court if the department or agency is
willing to accept the relinquishment.
(e) Any change in the permanent plan of a minor placed with a fit
and willing relative or in a planned permanent living arrangement
shall be made only by order of the court pursuant to a Section 778
petition or at a regularly scheduled and noticed status review
hearing or permanency planning hearing. Any change in the permanent
plan of a minor placed in a guardianship shall be made only by order
of the court pursuant to a motion filed in accordance with Section
728.
727.31. (a) This section applies to all minors placed in
out-of-home care pursuant to Section 727.2 or 727.3 and for whom the
juvenile court orders a hearing to consider permanently terminating
parental rights to free the minor for adoption.
Except for subdivision (j) of Section 366.26, the procedures for
permanently terminating parental rights for minors described by this
section shall proceed exclusively pursuant to Section 366.26.
At the beginning of any proceeding pursuant to this section, if
the minor is not being represented by previously retained or
appointed counsel, the court shall appoint counsel to represent the
minor, and the minor shall be present in court unless the minor or
the minor's counsel so requests and the court so orders. If a parent
appears without counsel and is unable to afford counsel, the court
shall appoint counsel for the parent, unless this representation is
knowingly and intelligently waived. The same counsel shall not be
appointed to represent both the minor and the parent. Private counsel
appointed under this section shall receive a reasonable sum for
compensation and expenses as specified in subdivision (f) of
paragraph (3) of Section 366.26.
(b) Whenever the court orders that a hearing pursuant to this
section shall be held, it shall direct the agency supervising the
minor and the licensed county adoption agency, or the State
Department of Social Services when it is acting as an adoption agency
in counties that are not served by a county adoption agency, to
prepare an assessment that shall include all of the following:
(1) Current search efforts for an absent parent or parents.
(2) A review of the amount and nature of any contact between the
minor and his or her parents and other members of his or her extended
family since the time of placement. Although the extended family of
each minor shall be reviewed on a case-by-case basis, "extended
family" for the purpose of the paragraph shall include, but not be
limited to, the minor's siblings, grandparents, aunts, and uncles.
(3) An evaluation of the minor's medical, developmental,
scholastic, mental, and emotional status.
(4) A preliminary assessment of the eligibility and commitment of
any identified prospective adoptive parent or guardian, particularly
the caretaker, to include a social history, including screening for
criminal records and prior referrals for child abuse or neglect, the
capability to meet the minor's needs, and the understanding of the
legal and financial rights and responsibilities of adoption and
guardianship. If a proposed guardian is a relative of the minor, and
the relative was assessed for foster care placement of the minor
prior to January 1, 1998, the assessment shall also consider, but
need not be limited to, all of the factors specified in subdivision
(a) of Section 361.3.
(5) The relationship of the minor to any identified prospective
adoptive parent or guardian, the duration and character of the
relationship, the motivation for seeking adoption or guardianship,
and a statement from the minor concerning placement and the adoption
or guardianship, unless the minor's age or physical, emotional, or
other condition precludes his or her meaningful response, and if so,
a description of the condition.
(6) An analysis of the likelihood that the minor will be adopted
if parental rights are terminated.
(c) Whenever the court orders that a hearing pursuant to
procedures described in this section be held, it shall order that the
licensed county adoption agency, or the State Department of Social
Services when it is acting as an adoption agency in counties that are
not served by a county adoption agency, has exclusive responsibility
for determining the adoptive placement and making all
adoption-related decisions.
(d) If the court, by order of judgment declares the minor free
from the custody and control of both parents, or one parent if the
other does not have custody and control, the court shall at the same
time order the minor referred to the State Department of Social
Services when it is acting as an adoption agency in counties that are
not served by a county adoption agency or a licensed county adoption
agency for adoptive placement by the agency. The order shall state
that responsibility for custody of the minor shall be held jointly by
the probation department and the State Department of Social Services
when it is acting as an adoption agency in counties that are not
served by a county adoption agency or the licensed county adoption
agency. The order shall also state that the State Department of
Social Services when it is acting as an adoption agency in counties
that are not served by a county adoption agency or the licensed
county adoption agency has exclusive responsibility for determining
the adoptive placement and for making all adoption-related decisions.
However, no petition for adoption may be granted until the appellate
rights of the natural parents have been exhausted.
(e) The notice procedures for terminating parental rights for
minors described by this section shall proceed exclusively pursuant
to Section 366.23.
727.32. (a) In any case where a minor has been declared a ward of
the juvenile court and has been in foster care for 15 of the most
recent 22 months, the probation department shall follow the
procedures described in Section 727.31 to terminate the parental
rights of the minor's parents, unless the probation department has
documented in the probation department file a compelling reason for
determining that termination of the parental rights would not be in
the minor's best interests, or the probation department has not
provided the family with reasonable efforts necessary to achieve
reunification. For purposes of this section, compelling reasons for
not terminating parental rights are those described in subdivision
(c) of Section 727.3.
(b) For the purposes of this section, 15 out of the 22 months
shall be calculated from the "date entered foster care," as defined
in paragraph (4) of subdivision (d) of Section 727.4. When a minor
experiences multiple exits from and entries into foster care during
the 22-month period, the 15 months shall be calculated by adding
together the total number of months the minor spent in foster care in
the past 22 months. However, trial home visits and runaway episodes
should not be included in calculating 15 months in foster care.
(c) If the probation department documented a compelling reason at
the time of the permanency planning hearing, pursuant to subdivision
(l) of Section 706.6, the probation department need not provide any
additional documentation to comply with the requirements of this
section.
(d) When the probation department sets a hearing pursuant to
Section 727.31, it shall concurrently make efforts to identify an
approved family for adoption, and follow the procedures described in
subdivision (b) of Section 727.31.
727.4. (a) (1) Notice of any hearing pursuant to Section 727,
727.2, or 727.3 shall be mailed by the probation officer to the
minor, the minor's parent or guardian, any adult provider of care to
the minor including, but not limited to, foster parents, relative
caregivers, preadoptive parents, community care facility, or foster
family agency, and to the counsel of record if the counsel of record
was not present at the time that the hearing was set by the court, by
first-class mail addressed to the last known address of the person
to be notified, or shall be personally served on those persons, not
earlier than 30 days nor later than 15 days preceding the date of the
hearing. The notice shall contain a statement regarding the nature
of the status review or permanency planning hearing and any change in
the custody or status of the minor being recommended by the
probation department. The notice shall also include a statement
informing the foster parents, relative caregivers, or preadoptive
parents that he or she may attend all hearings or may submit any
information he or she deems relevant to the court in writing. The
foster parents, relative caregiver, and preadoptive parents are
entitled to notice and opportunity to be heard but need not be made
parties to the proceedings. Proof of notice shall be filed with the
court.
(2) If the court or probation officer knows or has reason to know
that the minor is or may be an Indian child, any notice sent under
this section shall comply with the requirements of Section 224.2.
(b) At least 10 calendar days prior to each status review and
permanency planning hearing, after the hearing during which the court
orders that the care, custody and control of the minor to be under
the supervision of the probation officer for placement pursuant to
subdivision (a) of Section 727, the probation officer shall file a
social study report with the court, pursuant to the requirements
listed in Section 706.5.
(c) The probation department shall inform the minor, the minor's
parent or guardian, and all counsel of record that a copy of the
social study prepared for the hearing will be available 10 days prior
to the hearing and may be obtained from the probation officer.
(d) As used in Article 15 (commencing with Section 625) to Article
18 (commencing with Section 725), inclusive:
(1) "Foster care" means residential care provided in any of the
settings described in Section 11402.
(2) "At risk of entering foster care" means that conditions within
a minor's family may necessitate his or her entry into foster care
unless those conditions are resolved.
(3) "Preadoptive parent" means a licensed foster parent who has
been approved for adoption by the State Department of Social Services
when it is acting as an adoption agency or by a licensed adoption
agency.
(4) "Date of entry into foster care" means the date that is 60
days after the date on which the minor was removed from his or her
home, unless one of the exceptions below applies:
(A) If the minor is detained pending foster care placement, and
remains detained for more than 60 days, then the date of entry into
foster care means the date the court adjudges the minor a ward and
orders the minor placed in foster care under the supervision of the
probation officer.
(B) If, before the minor is placed in foster care, the minor is
committed to a ranch, camp, school, or other institution pending
placement, and remains in that facility for more than 60 days, then
the "date of entry into foster care" is the date the minor is
physically placed in foster care.
(C) If at the time the wardship petition was filed, the minor was
a dependent of the juvenile court and in out-of-home placement, then
the "date of entry into foster care" is the earlier of the date the
juvenile court made a finding of abuse or neglect, or 60 days after
the date on which the child was removed from his or her home.
(5) "Reasonable efforts" means:
(A) Efforts made to prevent or eliminate the need for removing the
minor from the minor's home.
(B) Efforts to make it possible for the minor to return home,
including, but not limited to, case management, counseling, parenting
training, mentoring programs, vocational training, educational
services, substance abuse treatment, transportation, and therapeutic
day services.
(C) Efforts to complete whatever steps are necessary to finalize a
permanent plan for the minor.
(D) In child custody proceedings involving an Indian child,
"reasonable efforts" shall also include "active efforts" as defined
in Section 361.7.
(6) "Relative" means an adult who is related to the minor by
blood, adoption, or affinity within the fifth degree of kinship
including stepparents, stepsiblings, and all relatives whose status
is preceded by the words "great," "great-great," "grand," or the
spouse of any of these persons even if the marriage was terminated by
death or dissolution. "Relative" shall also include an "extended
family member" as defined in the Indian Child Welfare Act (25 U.S.C.
Sec. 1903(2)).
(7) "Hearing" means a noticed proceeding with findings and orders
that are made on a case-by-case basis, heard by either of the
following:
(A) A judicial officer, in a courtroom, recorded by a court
reporter.
(B) An administrative panel, provided that the hearing is a status
review hearing and that the administrative panel meets the following
conditions:
(i) The administrative review shall be open to participation by
the minor and parents or legal guardians and all those persons
entitled to notice under subdivision (a).
(ii) The minor and his or her parents or legal guardians receive
proper notice as required in subdivision (a).
(iii) The administrative review panel is composed of persons
appointed by the presiding judge of the juvenile court, the
membership of which shall include at least one person who is not
responsible for the case management of, or delivery of services to,
the minor or the parents who are the subjects of the review.
(iv) The findings of the administrative review panel shall be
submitted to the juvenile court for the court's approval and shall
become part of the official court record.
727.5. If a minor is found to be a person described in Section 601,
the court may order the minor to perform community service,
including, but not limited to, graffiti cleanup, for a total time not
to exceed 20 hours over a period not to exceed 30 days, during a
time other than his or her hours of school attendance or employment.
727.6. Where any minor has been adjudged a ward of the court for
the commission of a "sexually violent offense," as defined in Section
6600, and committed to the Department of the Youth Authority, the
ward shall be given sexual offender treatment consistent with
protocols for that treatment developed or implemented by the
Department of the Youth Authority.
727.7. (a) If a minor is found to be a person described in Section
602 by reason of the commission of a gang-related offense, and the
court finds that the minor is a first-time offender and orders that a
parent or guardian retain custody of that minor, the court may order
the parent or guardian to attend antigang violence parenting
classes.
(b) The Department of Justice shall establish curriculum for the
antigang violence parenting classes required pursuant to this
section, including, but not limited to, all of the following
criteria:
(1) A meeting in which the families of innocent victims of gang
violence share their experience.
(2) A meeting in which the surviving parents of a deceased gang
member share their experience.
(3) How to identify gang and drug activity in children.
(4) How to communicate effectively with adolescents.
(5) An overview of pertinent support agencies and organizations
for intervention, education, job training, and positive recreational
activities, including telephone numbers, locations, and contact names
of those agencies and organizations.
(6) The potential fines and periods of incarceration for the
commission of additional gang-related offenses.
(7) The potential penalties that may be imposed upon parents