Rule 5.706.Family maintenance review hearings (§ 364)
Division 3. Juvenile Rules · Chapter 12. Cases Petitioned Under Section 300 · Article 4. Reviews, Permanent Planning · Last amended 2020 · Last verified September 10, 2026
Full Text of Rule 5.706
Plain-English Summary
Where a child stays with a parent under supervision, the case comes back every six months. Notice goes out on form JV-280 in the statutory manner to everyone entitled to it and to any CASA volunteer on the case.
One housekeeping duty attaches to the Medical Board release: if the child has signed form JV-228, the social worker must give them a blank withdrawal form JV-229 before the hearing where it is the last one before the child turns 18, or where termination of jurisdiction is being recommended.
The court considers the petitioner’s report, any CASA report, and the case plan — and must make findings about who helped build that plan. Either the child was actively involved as age and development allow, or they were not, in which case the court orders the agency to involve them unless the child is unable, unavailable or unwilling. The same pair of findings applies to each parent.
If the court keeps the case, it orders continued services and sets the next review within six months, deciding whether continued supervision remains necessary.
The last provision is the sharp one. Where a parent has physical custody under supervision and the social worker then receives a report giving reasonable cause to believe the child is being abused, neglected in the ways the statute names, or is subject to severe physical abuse, the social worker must file a subsequent or supplemental petition. If the court then finds the child is such a person, it must remove the child from the parent’s care, custody and control and commit the child to the social worker.
The court must also consider the child’s education at each review, including whether to limit a parent’s right to make educational or developmental-services decisions, following the educational-rights rules if it does.
Frequently Asked Questions
How often is a family maintenance case reviewed?
Every six months. If the court retains jurisdiction it orders continued services, sets the next review within six months, and determines whether continued supervision is necessary.
What must the court find about the case plan?
Whether the child was actively involved in developing it as age and developmentally appropriate, and whether each parent was — and, where either was not, the court must order the agency to involve them unless they are unable, unavailable or unwilling to participate.
What happens if new abuse is reported while the child is at home?
The social worker must file a subsequent petition under section 342 or a supplemental petition under section 387. If the court then finds the child is a person described in section 300(a), (d) or (e), it must remove the child from the parent’s care, custody and control and commit the child to the social worker.
Is education part of the review?
Yes. The court must consider the child’s education, including whether it is necessary to limit a parent’s or guardian’s right to make educational or developmental-services decisions.
Amendment History
Rule 5.706 amended effective September 1, 2020; adopted effective January 1, 2010; previously amended effective January 1, 2017.
(Subd (a) relettered effective January 1, 2017; adopted as subd (b).) (Subd (b) adopted effective September 1, 2020.) (Subd (c) relettered effective September 1, 2020; adopted as subd (d); previously relettered as subd (b) effective January 1, 2017.) (Subd (d) relettered effective September 1, 2020; adopted as subd (e); previously amended and relettered as subd(c) effective January 1, 2017.) (Subd (e) relettered effective September 1, 2020; adopted as subd (f); previously relettered as subd (d) effective January 1, 2017.) Subd (f) relettered effective September 1, 2020; adopted as subd (g); previously amended and relettered as subd (e) effective January 1, 2017.)