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Rule 5.715.Twelve-month permanency hearing

Division 3. Juvenile Rules · Chapter 12. Cases Petitioned Under Section 300 · Article 4. Reviews, Permanent Planning · Last amended 2018 · Last verified September 10, 2026

In one sentenceRule 5.715 governs the twelve-month permanency hearing, which must be held within 12 months of the child entering foster care and no later than 18 months from the initial removal.

Full Text of Rule 5.715

Text sizeJump to: (a) (b)

(a) Requirement for 12-month review; setting of hearing (§§ 293, 366.21)
The case of any dependent child whom the court has removed from the custody of the parent or legal guardian must be set for a permanency hearing within 12 months of the date the child entered foster care, as defined in section 361.49, and no later than 18 months from the date of the initial removal.
(b) Determinations and conduct of hearing (§§ 309(e), 361.5, 366, 366.1, 366.21)
At the hearing, the court and all parties must comply with all relevant requirements and procedures in rule 5.708, General review hearing requirements. The court must make all appropriate findings and orders specified in rule 5.708 and proceed under section 366.21(f) and (g), and as follows:
(1) The requirements in rule 5.708 (c) must be followed in entering a reasonable services finding.
(2) If the court has previously placed or at this hearing places the child with a noncustodial parent, the court must follow the procedures in rule 5.708 (g) and section 361.2.
(3) The court may order that the name and address of the foster home remain confidential.
(4) In the case of an Indian child, if the child is not returned to his or her parent or legal guardian, the court must determine whether:
(A) The agency has consulted the child’s tribe about tribal customary adoption;
(B) The child’s tribe concurs with tribal customary adoption; and
(C) Tribal customary adoption is an appropriate permanent plan for the child.
(5) If the child is not returned to his or her parent or legal guardian and the court terminates reunification services, the court must find as follows:
(A) The agency has made diligent efforts to locate an appropriate relative; or
(B) The agency has not made diligent efforts to locate an appropriate relative. If the court makes such a finding, the court or administrative review panel must order the agency to make diligent efforts to locate an appropriate relative; and
(C) Each relative whose name has been submitted to the agency as a possible caregiver has been evaluated as an appropriate placement resource; or
(D) Each relative whose name has been submitted to the agency as a possible caregiver has not been evaluated as an appropriate placement resource. If the court makes such a finding, the court must order the agency to evaluate as an appropriate placement resource each relative whose name has been submitted to the agency as a possible caregiver.
End

Plain-English Summary

Every removed child’s case must reach a permanency hearing within 12 months of the date they entered foster care — and, whatever else happens, no later than 18 months from the date of the initial removal. Those are two different clocks, and both bind.

The hearing runs on the general review rule, including the reasonable services finding, and adds four things. Where the child is placed with a noncustodial parent, the noncustodial-parent procedures apply. The court may order the name and address of the foster home kept confidential.

For an Indian child who is not returned, the court must determine three things: whether the agency consulted the tribe about tribal customary adoption; whether the tribe concurs with it; and whether it is an appropriate permanent plan.

And where the child is not returned and reunification services are terminated, the court makes two pairs of findings about relatives, each with its own remedy. Either the agency made diligent efforts to locate an appropriate relative or it did not, in which case the court or the review panel orders those efforts made. And either every relative whose name was submitted has been evaluated as a possible placement, or they have not, in which case the court orders the evaluations done. Ending services is the moment the search for family has to have been real.

Frequently Asked Questions

When must the twelve-month permanency hearing be held?

Within 12 months of the date the child entered foster care, and no later than 18 months from the date of the initial removal.

What must the court decide about tribal customary adoption?

For an Indian child who is not returned: whether the agency consulted the child’s tribe about tribal customary adoption, whether the tribe concurs, and whether it is an appropriate permanent plan for the child.

What findings are required when reunification services end?

Whether the agency made diligent efforts to locate an appropriate relative, and whether each relative submitted as a possible caregiver has been evaluated as an appropriate placement resource. A negative finding on either point requires an order that the work be done.

Can the foster home’s address be kept private?

Yes. The court may order that the name and address of the foster home remain confidential.

Amendment History

Rule 5.715 amended effective January 1, 2018; adopted as rule 1461 effective January 1, 1990; previously amended and renumbered effective January 1, 2007; previously amended effective January 1, 1992, January 1, 1993, January 1, 1994, January 1, 1995, July 1, 1995, July 1, 1997, January 1, 1999, July 1, 1999, January 1, 2000, January 1, 2001, January 1, 2004, January 1, 2005, January 1, 2006, January 1, 2010, July 1, 2010, January 1, 2014, and January 1, 2017.

(Subd (a) amended effective January 1, 2017; previously amended effective January 1, 2001, January 1, 2004, January 1, 2006, January 1, 2007, and January 1, 2010.) (Subd (b) amended effective January 1, 2018; repealed and adopted as subd (c)(2); previously amended and relettered as subd (c) effective July 1, 1999, as subd (d) effective January 1, 2002, as subd (c) effective January 1, 2001, and as subd (b) effective January 1, 2010; previously amended effective January 1, 1992, January 1, 1993, January 1, 1995, July 1, 1995, July 1, 1997, January 1, 1999, January 1, 2004, January 1, 2005, January 1, 2007, July 1, 2010, January 1, 2014, and January 1, 2017.)

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: twelve month permanency hearing Californiasection 366.21(f) permanency hearingtribal customary adoption permanencydiligent efforts locate relative finding