Rule 5.637.Family Finding (§§ 309(e), 628(d))

Division 3. Juvenile Rules · Chapter 9. Parentage · Last amended 2024 · Last verified September 10, 2026

In one sentenceRule 5.637 requires the social worker or probation officer to search for and notify a removed child’s relatives and other kin within 30 days, and tells the court how to judge whether that search was diligent.

Full Text of Rule 5.637

Text sizeJump to: (a) (b) (c) (d) (e)

(a) Definition

(1) “Family finding” means conducting an investigation to identify kin and connect the child with those kin in an effort to provide family support and possible placement. For an Indian child, family finding also includes contacting the child’s Indian tribe to identify kin.

(2) “Kin” means any relative as defined in rule 5.502(34), and any nonrelative extended family member of the child or the child’s relatives.

(3) “Nonrelative extended family member” means an adult who has an established familial or mentoring relationship with a child or a familial relationship with a relative of the child. These adults may include but are not limited to the following people: godparents, teachers, clergy, neighbors, parents of a sibling, and family friends.

(b) Juvenile dependency proceedings

(1) No later than 30 days after a child is removed from their parent or guardian and detained in a juvenile dependency proceeding, the social worker must use due diligence in conducting family finding, including an investigation to identify, locate, and provide notification and information as required in paragraph (2) to the child’s parents or alleged parents, all the child’s adult kin, parents with legal custody of the child’s siblings, any adult siblings, and in the case of an Indian child, any extended family members of the child’s tribe.

(2) After locating persons specified in paragraph (1), the social worker must provide to them, within 30 days of removal, the following:

(A) Written notification that the child has been removed from the parent, guardian, or Indian custodian’s custody;

(B) An explanation in writing of the available options to participate in the child’s care and placement, including the information set forth in section 309(e)(1)(B); and

(C) A copy of Relative Information (form JV-285) for providing information to the social worker and the court regarding the child’s needs and to request permission to address the court, if desired. Oral notification in person or by telephone of the information must also be provided to the child’s kin, when appropriate.

(1) No later than 30 days after a child is detained in a juvenile delinquency proceeding, if the probation officer has reason to believe that the child may be at risk of entering a foster care placement or within 30 days of the court order placing the child into foster care, the probation officer must use due diligence to conduct family finding, including an investigation to identify, locate, and provide notification and information as required in paragraph (2) to the child’s parents or alleged parents, all of the child’s adult kin, parents with legal custody of the child’s siblings, any adult siblings, and in the case of an Indian child, any extended family members of the child’s tribe.

(2) After locating the child’s kin and other persons specified in paragraph (1), the probation officer must provide within 30 days of the date on which the child is detained, to all kin who are located, the following:

(A) Written notification that the child has been removed from the parent, guardian, or Indian custodian’s custody; and

(B) An explanation in writing of the available options to participate in the child’s care and placement, including the information set forth in section 628(d)(2)(B). Oral notification in person or by telephone of the information must also be provided to the child’s kin, when appropriate.

(d) Due diligence (§§ 309, 628, Fam. Code, § 7950)

(1) During the time the child is removed from the child’s parent, guardian, or Indian custodian, the social worker and probation officer have an ongoing responsibility to exercise due diligence to engage in family finding until the time the child is placed for adoption.

(2) The court must find whether the social worker or probation officer has exercised due diligence in family finding by:

(A) Asking the child, in an age-appropriate manner and consistent with the child’s best interests, about the identity and location of kin;

(B) Using a computer-based search engine and internet-based search tools to locate kin identified as support for the child and their family; and

(C) If it is known or there is reason to know the child is an Indian child as defined by section 224.1, contacting the Indian child’s tribe to identify kin.

(3) When making the finding of due diligence, the court may also consider other efforts, including whether the social worker or probation officer has done any of the following:

(A) Obtained information regarding the location of the child’s kin;

(B) Reviewed the child’s case file for any information regarding kin;

(D) Asked located kin for the names and locations of other kin; or

(E) Developed tools—including a genogram, family tree, family map, or other diagram of family relationships—to help the child, parent, guardian, or Indian custodian to identify kin.

(4) In cases involving a dual-status child, the duty to exercise due diligence in family finding must be assigned in accordance with the written protocols required by section 241.1(b)(4).

(e) When notification of kin is inappropriate

The social worker or probation officer is not required to notify kin whose personal history of family or domestic violence would make notification inappropriate. A social worker or probation officer who determines that notification of kin is inappropriate under this subdivision must notify the court that kin has not been notified and explain the reasoning underlying that lack of notification.

End

Plain-English Summary

Family finding means looking for the people already connected to a child and connecting the child to them — for support, and possibly for placement. For an Indian child it also means contacting the tribe to identify kin. "Kin" is broad: any relative as the juvenile rules define the word, plus nonrelative extended family members of the child or of the child’s relatives. That last group is defined by relationship, not blood, and the rule names examples — godparents, teachers, clergy, neighbours, the parents of a sibling, family friends.

The clock is 30 days. In a dependency case, within 30 days of removal and detention the social worker must use due diligence to identify, locate and notify the child’s parents and alleged parents, all adult kin, the parents who have custody of the child’s siblings, any adult siblings, and for an Indian child the extended family members of the tribe. Those located must receive, within the same 30 days, written notice that the child has been removed, a written explanation of the options for taking part in the child’s care and placement, and a copy of form JV-285 so they can tell the court about the child’s needs and ask to be heard. Where it makes sense, the same information is given orally in person or by telephone.

Delinquency works the same way on a slightly different trigger: within 30 days of detention where the probation officer has reason to believe foster care may follow, or within 30 days of an order placing the child in foster care.

The duty does not expire with the deadline. It continues for as long as the child is out of the home, until the child is placed for adoption.

Three things the court must weigh in finding due diligence: whether the child was asked, in an age-appropriate way and consistent with their interests, about who their kin are and where they are; whether computer and internet search tools were used; and whether, where there is reason to know the child is an Indian child, the tribe was contacted. Beyond that the court may consider other efforts — reviewing the case file, telephoning, emailing or visiting identified kin, asking those kin for others, and building a genogram, family tree, family map or similar diagram with the child or parent to surface names.

There is one exception, and it is narrow. A worker need not notify kin whose own history of family or domestic violence would make notification inappropriate — but having made that call, the worker must tell the court that the kin were not notified and explain why.

Advisory Committee Comment

The following comment is published by the Judicial Council of California alongside the rule itself — not commentary from this site.

This rule restates the requirements of section 103 of the federal Fostering Connections to Success and Increasing Adoptions Act (Pub. L. No. 110-351, § 103 (Oct. 7, 2008) 122 Stat. 3949, 3956, codified at 42 U.S.C. § 671(a)(29)) as implemented by California Assembly Bill 938 (Com. on Judiciary; Stats. 2009, ch. 261, codified at Welf. & Inst. Code §§ 309(e) and 628(d)). These statutes enacted elements of the child welfare practice known as Family Finding and Engagement, which has been recommended to improve outcomes for children by the Judicial Council’s California Blue Ribbon Commission on Children in Foster Care and the California Child Welfare Council. (See Cal. Blue Ribbon Com. on Children in Foster Care, Fostering a New Future for California’s Children, pp. 30–31 (Admin. Off. of Cts., May 2009) (final report and action plan), www.courts.ca.gov; Permanency Committee Recommendations to the Child Welfare Council, pp. 1–4 (Sept. 10, 2009), www.chhs.ca.gov.) The rule was amended to reflect Senate Bill 384 (Cortese; Stats. 2022, ch. 811), which revised Welfare and Institutions Code sections 309 and 628 regarding the obligation of the social worker and probation officer to engage in family finding in dependency and delinquency cases.

Frequently Asked Questions

How long does the agency have to find and notify a child’s relatives?

Thirty days. In dependency the clock runs from removal and detention; in delinquency it runs from detention where foster care is a risk, or from the order placing the child in foster care. Notification must also go out within 30 days.

Who counts as "kin"?

Any relative as defined in the juvenile rules, plus any nonrelative extended family member of the child or of the child’s relatives — an adult with an established familial or mentoring relationship, such as a godparent, teacher, member of the clergy, neighbour, a sibling’s parent, or a family friend.

What must relatives be told?

In writing: that the child has been removed, and what the options are for taking part in the child’s care and placement. They also get form JV-285 for giving the court information about the child and asking to address it. Oral notice is given as well when appropriate.

How does the court decide whether the search was diligent?

It must find whether the worker asked the child about kin in an age-appropriate way, used computer and internet search tools, and contacted the tribe where there is reason to know the child is an Indian child. It may also weigh case-file review, calls, emails and visits to kin, asking kin about other kin, and family-mapping tools.

Can a relative be left un-notified?

Yes, where that person’s own history of family or domestic violence would make notification inappropriate. The worker must then notify the court that the kin were not contacted and explain the reasoning.

When does the duty to look for family end?

Not at 30 days. The responsibility to exercise due diligence in family finding is ongoing while the child is removed, and runs until the child is placed for adoption.

Amendment History

Rule 5.637 amended effective January 1, 2024; adopted effective January 1, 2011.

(Subd (a) amended effective January 1, 2024.) (Subd (b) amended effective January 1, 2024.) (Subd (c) adopted effective January 1, 2024.) (Subd (d) adopted effective January 1, 2024.) (Subd (e) adopted effective January 1, 2024.)

Source & verification. Rule text is reproduced verbatim from the Judicial Council of California. Adopted by the Judicial Council of California. Last verified September 10, 2026. · Official source

Also known as: family finding California juvenileform JV-285 relative informationdue diligence relative notification 30 daysnonrelative extended family member