CA Welf & Inst Code Section 295


The social worker or probation officer shall give notice of review hearings held pursuant to Sections 366.3 and 366.31 and for termination of jurisdiction hearings held pursuant to Section 391 in the following manner:

(a)

Notice of the hearing shall be given to the following persons:

(1)

The mother.

(2)

The presumed father.

(3)

The legal guardian or guardians.

(4)

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

(5)

Any known sibling of the child or nonminor dependent 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)

The current caregiver of the child, including the foster parents, relative caregivers, preadoptive parents, nonrelative extended family members, community care facility, or foster family agency having physical custody of the child if a child is removed from the physical custody of the parents or legal guardian. The person notified may attend all hearings and may submit any information he or she deems relevant to the court in writing.

(7)

The current caregiver of a nonminor dependent, as described in subdivision (v) of Section 11400. The person notified may attend all hearings and may submit for filing an original and eight copies of written information he or she deems relevant to the court. The court clerk shall provide the current parties and attorneys of record with a copy of the written information immediately upon receipt and complete, file, and distribute a proof of service.

(8)

The attorney of record if that attorney of record was not present at the time that the hearing was set by the court.

(9)

The alleged father or fathers, but only if the recommendation is to set a new hearing pursuant to Section 366.26.

(b)

No notice shall be required for a parent whose parental rights have been terminated or for the parent of a nonminor dependent, as described in subdivision (v) of Section 11400, unless the parent is receiving court-ordered family reunification services pursuant to Section 361.6.

(c)

The notice of the review hearing shall be served no earlier than 30 days, nor later than 15 days, before the hearing.

(d)

The notice of the review hearing shall contain a statement regarding the nature of the hearing to be held, any recommended change in the custody or status of the child, and any recommendation that the court set a new hearing pursuant to Section 366.26 in order to select a more permanent plan.

(e)

Service of notice shall be by first-class mail addressed to the last known address of the person to be provided notice. Except as provided in subdivisions (g), (h), and (i), notice may be served by electronic mail in lieu of notice by first-class mail if the county, or city and county, and the court choose to permit service by electronic mail and the person to be served has consented to service by electronic mail by signing Judicial Council Form EFS-005. In the case of an Indian child, notice shall be by registered mail, return receipt requested.

(f)

If the child is ordered into a permanent plan of legal guardianship, and subsequently a petition to terminate or modify the guardianship is filed, the probation officer or social worker shall serve notice of the petition not less than 15 court days prior to the hearing on all persons listed in subdivision (a) and on the court that established legal guardianship if it is in another county.

(g)

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

(h)

Except as provided in subdivision (i), if notice is required to be provided to a child pursuant to paragraph (4) or (5) of subdivision (a), written notice may be served on the child by electronic mail only if all of the following requirements are satisfied:

(1)

The county, or city and county, and the court choose to permit service by electronic mail.

(2)

The child is 16 years of age or older.

(3)

The child has consented to service by electronic mail by signing Judicial Council Form EFS-005.

(4)

The attorney for the child has consented to service of the minor by electronic mail by signing Judicial Council Form EFS-005.

(i)

If notice is required to be provided to a child pursuant to paragraph (4) or (5) of subdivision (a), written notice may be served on the child by electronic mail as well as by regular mail if all of the following requirements are satisfied:

(1)

The county, or city and county, and the court choose to permit service by electronic mail.

(2)

The child is 14 or 15 years of age.

(3)

The child has consented to service by electronic mail by signing Judicial Council Form EFS-005.

(4)

The attorney for the child has consented to service of the minor by electronic mail by signing Judicial Council Form EFS-005.

(j)

This section shall remain in effect only until January 1, 2019, and as of that date is repealed, unless a later enacted statute, that is enacted before January 1, 2019, deletes or extends that date.
Last Updated

Aug. 19, 2023

§ 295’s source at ca​.gov