Rule 5.810.Reviews, hearings, and permanency planning

A ward removed from a parent and placed in foster care gets the same rhythm of review a dependent child does, run by the probation department instead of the welfare agency. Status review hearings happen at least every six months from the date the ward entered foster care, and the hearing at which placement was first ordered may count as the first one.

At each review the court reads the probation social study and updated case plan, any CASA report, and anything else filed. Before the first permanency hearing the court must order the ward returned to the parent or guardian unless probation establishes, by a preponderance, that return would create a substantial risk of detriment to the ward’s safety, protection, or physical or emotional well-being. The burden is on the department, and the court must weigh the efforts and progress of the child and family and how far the child used the services provided.

Nine findings follow: the continuing necessity and appropriateness of the placement; the department’s compliance with the case plan in making reasonable efforts to return the child home and finalize a permanent placement; whether to limit a parent’s educational or developmental-services decisionmaking rights — appointing a responsible adult where rights are limited, or where a ward of 18 or older has chosen not to decide or been deemed incompetent and appointment serves their interests; the progress made toward alleviating the causes of placement; the likely date of return or of another permanent plan; for a child of 16 or older, the services needed for the transition to independent living; whether the child was actively involved in their own case plan, and whether each parent was, with an order to involve them where they were not; and, where sibling interaction has been and will remain suspended, that it is contrary to the safety or well-being of either child. Every determination is case-by-case, and the written findings must reference the probation report and any other evidence relied on.

The permanency planning hearing comes within 12 months of entering foster care for any ward not returned at an earlier review — or, where no reunification services are offered at all, within 30 days of disposition. The court makes a parallel set of findings and adds two: the permanent plan itself, and whether the probation officer exercised due diligence in family finding, weighing the mandatory activities and optionally the additional ones, documented on the record.

At the first permanency hearing the court selects a permanent plan from the statutory list. At later ones it either finds the current plan appropriate or picks a different one, including returning the child home. Where the child still has a continuing involvement with parents or guardians, they must be part of the planning — and the permanent plan order must specify the nature and frequency of visitation.

Postpermanency reviews then run at least every six months, asking whether the plan remains appropriate — with extra statutory requirements where the plan is another planned permanent living arrangement — along with the placement, compliance, child involvement, sibling and family-finding findings.

For a youth of 16 or older the transition provisions apply at each stage, each with its own form: the first review after turning 16, the last review before 18, and reviews after 18, with a further set of requirements where jurisdiction is being terminated.

Notice goes out no earlier than 30 and no later than 15 calendar days before each hearing, on form JV-625, to everyone statutorily entitled plus the current caregiver, any CASA volunteer or educational rights holder, and all counsel. The probation report must contain recommendations with the evidentiary basis documented, and is filed with copies to the ward, the parent, all attorneys and any CASA volunteer at least 10 calendar days beforehand.