Rule 5.726.Prospective adoptive parent designation (§§ 366.26(n), 16010.6)

The designation matters because of what it unlocks: a prospective adoptive parent gets notice of a proposed removal and the right to object to it. This rule is how the status is obtained.

The court may make the designation on its own motion or on request by the caregiver, the child, a social worker, the child’s identified Indian tribe, or any of their attorneys. The request may be made at the hearing where parental rights are terminated or tribal customary adoption is ordered, or at any time after — and whether or not removal is actually in issue. It may be made orally; in writing it goes on form JV-321. The caregiver’s and child’s address and telephone number may be kept confidential by filing form JV-322, which is sealed and open only to the court, the child’s attorney, the agency and the CASA volunteer.

The court first asks whether the caregiver meets the statutory criteria. If not, it may deny the request without a hearing. If so, it sets one — and must set one where the request looks likely to be contested or where the court wants more evidence. If every party stipulates to the designation, the court may simply order it.

Timing depends on the posture. Where the designation request comes in alongside an objection to removal, the hearing is set as soon as possible and no later than five court days after that objection is filed — later only for good cause, or where the delay is needed to let the child’s tribe or Indian custodian take part. Where the request comes before any removal notice, the hearing is set within 30 calendar days.

Notice goes to the adoption agency, the current caregiver, the child’s attorney, the child if 10 or older, the child’s identified tribe and Indian custodian, and the CASA program. Where the request rides along with a removal hearing, notice goes out with that one. Otherwise it is served by first-class mail or electronic service at least 15 calendar days before the hearing, or personally at least 10 days before, using form JV-327 — by the clerk where the court, caregiver or child asked for the hearing, and by the child’s attorney where the attorney did. Proof of notice on form JV-326 is filed before the hearing.

The status is not permanent. Where the prospective adoptive parent no longer meets the criteria, a request to vacate the designation may be filed as a modification petition.