Rule 5.825.Freeing wards for adoption

Division 3. Juvenile Rules · Chapter 13. Cases Petitioned Under Sections 601 and 602 · Article 5. Reviews and Sealing · Last amended 2007 · Last verified September 10, 2026

In one sentenceRule 5.825 applies the dependency termination and adoption procedures to wards, and requires every county to write a protocol for how probation and child welfare will handle it together.

Full Text of Rule 5.825

Text sizeJump to: (a) (b)

(a) Applicable law (§§ 294, 366.26, 727.2, 727.3, 727.31)

Except as provided in section 727.31, the procedures for termination of parental rights to free children described in that section for adoption are stated in sections 294 and 366.26. Rules 5.725 and 5.730 are applicable to these proceedings.

(b) Joint county protocol

In each county, the county probation department and the county child welfare department must jointly develop a protocol for freeing wards for adoption. The protocol should address questions such as:

(1) When and how will wards be referred to the licensed county adoption agency, or State Department of Social Services when it is acting as the adoption agency, for a determination of whether the ward is adoptable, as described by section 727.3(i)(2)?

(2) Once a finding has been made that the permanent plan for the ward must be adoption and the case is set for a section 727.31 hearing, how will the referral be made to the licensed county adoption agency, or to the State Department of Social Services when it is acting as the adoption agency, to prepare an adoption assessment, as required by section 727.3(j)?

(3) Will the probation department continue to have ongoing case management and supervision of the case, pending the termination of parental rights hearing?

(4) Will the probation department or the child welfare department prepare the notices and other legal documents required before a termination of parental rights hearing?

(5) In counties in which different judicial officers hear delinquency and dependency matters, what procedure will be used to ensure that the dependency judge will hear each 727.31 hearing?

(6) Will the probation department or the child welfare department prepare the petition for adoption and other forms needed after the 727.31 hearing to complete the adoption process?

End

Plain-English Summary

Freeing a ward for adoption uses the dependency machinery: the notice and permanency statutes govern, and the rules on selecting a permanent plan and on adoption apply.

The rest of the rule is about the handoff between two departments that do not normally share a case. Every county’s probation department and child welfare department must jointly develop a protocol for freeing wards for adoption, and the rule lists the questions it should answer.

When and how will wards be referred to the county adoption agency — or the state department acting as one — for a determination of adoptability? Once adoption is the plan and a termination hearing is set, how will the referral be made for an adoption assessment? Will probation keep ongoing case management and supervision pending the termination hearing? Which department prepares the notices and other legal documents beforehand? In counties where different judicial officers hear delinquency and dependency, what will ensure the dependency judge hears the termination hearing? And which department prepares the adoption petition and the other forms needed afterward to complete the adoption?

Frequently Asked Questions

Which procedures apply to freeing a ward for adoption?

Except as section 727.31 provides, the procedures in sections 294 and 366.26 — and rules 5.725 and 5.730 apply to the proceedings.

What must counties agree in advance?

Probation and child welfare must jointly develop a protocol covering referral for an adoptability determination, referral for an adoption assessment, who keeps case management pending the hearing, who prepares the notices and legal documents, how the dependency judge will hear the termination hearing where different officers sit, and who prepares the adoption petition afterward.

Who decides whether a ward is adoptable?

The licensed county adoption agency — or the State Department of Social Services where it is acting as the adoption agency — on a referral made under the county protocol.

Amendment History

Rule 5.825 amended and renumbered effective January 1, 2007; adopted as rule 1496.5 effective January 1, 2001; previously amended effective January 1, 2006.

(Subd (a) amended effective January 1, 2007; previously amended effective January 1, 2006.) (Subd (b) amended effective January 1, 2007.)

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: freeing wards for adoption Californiasection 727.31 termination parental rights wardprobation child welfare adoption protocol