CA Welf & Inst Code Section 290.2

Upon the filing of a petition by a probation officer or social worker, the clerk of the juvenile court shall issue notice, to which shall be attached a copy of the petition, and he or she shall cause the same to be served as prescribed in this section.

(a)

Notice shall be given to the following persons whose address is known or becomes known prior to the initial petition hearing:

(1)

The mother.

(2)

The father or fathers, presumed and alleged.

(3)

The legal guardian or guardians.

(4)

The child, if the child is 10 years of age or older.

(5)

Any known sibling of the child who is the subject of the hearing if that sibling either is the subject of a dependency proceeding or has been adjudged to be a dependent child of the juvenile court. If the sibling is 10 years of age or older, the sibling, the sibling’s caregiver, and the sibling’s attorney. If the sibling is under 10 years of age, the sibling’s caregiver and the sibling’s attorney. However, notice is not required to be given to any sibling whose matter is calendared in the same court on the same day.

(6)

If there is no parent or guardian residing in California, or if the residence is unknown, to any adult relative residing within the county, or, if none, the adult relative residing nearest the court.

(7)

Upon reasonable notification by counsel representing the child, parent, or guardian, the clerk of the court shall give notice to that counsel as soon as possible.

(8)

The district attorney, if the district attorney has notified the clerk of the court that he or she wishes to receive the petition, containing the time, date, and place of the hearing.

(9)

The probate department of the superior court that appointed the guardian, if the child is a ward of a guardian appointed pursuant to the Probate Code.

(b)

No notice is required for a parent whose parental rights have been terminated.

(c)

Notice shall be served as follows:

(1)

If the child is retained in custody, the notice shall be given to the persons required to be noticed as soon as possible, and at least five days before the hearing, unless the hearing is set to be heard in less than five days in which case notice shall be given at least 24 hours prior to the hearing.

(2)

If the child is not retained in custody, the notice shall be given to those persons required to be noticed at least 10 days prior to the date of the hearing. If any person who is required to be given notice is known to reside outside of the county, the clerk of the juvenile court shall mail the notice and copy of the petition by first-class mail to that person as soon as possible after the filing of the petition and at least 10 days before the time set for hearing. Failure to respond to the notice is not cause for an arrest or detention. In the instance of a failure to appear after notice by first-class mail, the court shall direct that the notice and copy of the petition be personally served on all persons required to receive the notice and copy of the petition. For these purposes, personal service of the notice and copy of the petition outside of the county at least 10 days before the time set for hearing is equivalent to service by first-class mail. Service may be waived by any person by a voluntary appearance entered in the minutes of the court or by a written waiver of service filed with the clerk of the court at, or prior to, the hearing.

(d)

The notice of the initial petition hearing shall include all of the following:

(1)

The date, time, and place of the hearing.

(2)

The name of the child.

(3)

A copy of the petition.

(e)

If the court knows or has reason to know that an Indian child is involved, notice shall be given in accordance with Section 224.2.

(f)

This section shall become operative on January 1, 2019.

Source: Section 290.2, https://leginfo.­legislature.­ca.­gov/faces/codes_displaySection.­xhtml?lawCode=WIC§ionNum=290.­2.­.

Last Updated

Aug. 19, 2023

§ 290.2’s source at ca​.gov