Rule 5.725.Selection of permanent plan (§§ 366.24, 366.26, 727.3, 727.31)

This is the hearing that decides where a child’s childhood will be spent. It applies to children already declared dependents or wards.

Three limits frame it. The court may not terminate the rights of one parent alone unless that parent is the only surviving parent, the other parent’s rights have already been terminated by a California court or a court of another state under that state’s law, or the other parent has relinquished custody to the welfare department. The statutes named are the exclusive authority and procedure for establishing a juvenile court guardianship. And for an Indian child, the ICWA rule applies alongside this one.

Notice goes out on form JV-300 and reaches, beyond the statutory list, any CASA volunteer, Indian custodian and de facto parent. The petitioner prepares a statutory assessment, files it at least 10 calendar days before the hearing with copies to each parent or guardian and all counsel, and gives a summary of the recommendations to the child’s present custodians, any CASA volunteer, and an Indian child’s tribe.

At the hearing the court states on the record that it has read and considered the petitioner’s report, any CASA report, the case plan, any caregiver report and any other evidence. For an Indian child, where the agency has consulted the tribe and the court has determined with the tribe’s concurrence that tribal customary adoption is the right plan, the court orders it.

The burden sits with the party claiming that terminating parental rights would harm the child. Where a statutory exception applies, the court appoints the present custodian or another appropriate person as legal guardian, or orders the child to remain in foster care — and may keep the foster home’s name and address confidential. One protection is specific: where removing the child from a foster parent or relative who is unwilling to become a guardian would be seriously detrimental to the child’s emotional well-being, the child must not be removed — provided that person is willing and able to give a stable, permanent home and has substantial psychological ties with the child.

The court must also consider the case plan and make the findings the general review rule requires.

An order terminating parental rights and ordering adoption — or ordering tribal customary adoption — is conclusive and binding on the child, the parent and everyone served. Once a final adoption order has issued it may not be set aside or modified, except in the narrow statutory circumstances and on rehearing of a referee’s order.

The rule states its own purpose plainly: terminating parental rights exists to free the child for adoption. So the rights of all parents — natural, presumed, biological, alleged or unknown — must be terminated to accomplish that. And the court must advise every party of their appeal rights.