Rule 5.705.Setting a hearing under section 366.26
Division 3. Juvenile Rules · Chapter 12. Cases Petitioned Under Section 300 · Article 3. Disposition · Last amended 2007 · Last verified September 10, 2026
Full Text of Rule 5.705
Plain-English Summary
A section 366.26 hearing considers ending parental rights, and this rule stops it from being pointed at one parent while the other’s rights remain intact. At disposition, at a review, or at any other hearing about a dependent child, the court must not set such a hearing to consider terminating the rights of only one parent.
Three exceptions release the bar: that parent is the only surviving parent; the other parent’s rights have already been terminated by a California court or by a court of another state under that state’s law; or the other parent has relinquished custody of the child to the county welfare department.
Frequently Asked Questions
Can the court set a hearing to end just one parent’s rights?
Only where that parent is the only surviving parent, the other parent’s rights have already been terminated by a court of competent jurisdiction in California or another state, or the other parent has relinquished custody to the county welfare department.
Which hearings does the limit apply to?
Any of them — a disposition hearing, a review hearing, or any other hearing regarding a dependent child.
Amendment History
Rule 5.705 amended and renumbered effective January 1, 2007; adopted as rule 1459 effective July 1, 1990; previously amended effective January 1, 1994, and July 1, 1997.