AB 879: Juveniles: court proceedings: notice.
- Session Year: 2015-2016
- House: Assembly
- Latest Version Date: 2015-08-17
Existing law authorizes the juvenile court to adjudge a minor who has been abused or neglected, or who meets other specified criteria, to be a dependent child of the court. Existing law requires the court to conduct various hearings regarding children who are, or who may become, dependent children, including a detention hearing, jurisdictional hearing, and dispositional hearing. Existing law requires the probation officer, the social worker, or the clerk of the court to provide notice of those hearings to certain persons, including parents, guardians, the child, if he or she is 10 years of age or older, adult relatives under certain conditions, and attorneys for the parents or guardians, as specified.
This bill would, until January 1, 2019, generally allow service for the above purposes to be made by electronic 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 a specified form, as provided.
Existing law authorizes the juvenile court to adjudge a minor who has been abused or neglected, or who meets other specified criteria, to be a dependent child of the court. Existing law requires the court to conduct various hearings regarding children who are, or who may become, dependent children, including a detention hearing, jurisdictional hearing, and dispositional hearing. Existing law requires the probation officer, the social worker, or the clerk of the court to provide notice of those hearings to certain persons, including parents, guardians, the child, if he or she is 10 years of age or older, adult relatives under certain conditions, and attorneys for the parents or guardians, as specified.
This bill would, until January 1, 2019, generally allow service for the above purposes to be made by electronic 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 a specified form, as provided.
Existing law authorizes the juvenile court to adjudge a minor who has been abused or neglected, or who meets other specified criteria, to be a dependent child of the court. Existing law requires the court to conduct various hearings regarding children who are, or who may become, dependent children, including a detention hearing, jurisdictional hearing, and dispositional hearing. Existing law requires the probation officer, the social worker, or the clerk of the court to provide notice of those hearings to certain persons, including parents, guardians, the child, if he or she is 10 years of age or older, adult relatives under certain conditions, and attorneys for the parents or guardians, as specified.
This bill would, until January 1, 2019, generally allow service for the above purposes to be made by electronic 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 a specified form, as provided.
Existing law authorizes the juvenile court to adjudge a minor who has been abused or neglected, or who meets other specified criteria, to be a dependent child of the court. Existing law requires the court to conduct various hearings regarding children who are, or who may become, dependent children, including a detention hearing, jurisdictional hearing, and dispositional hearing. Existing law requires the probation officer, the social worker, or the clerk of the court to provide notice of those hearings to certain persons, including parents, guardians, the child, if he or she is 10 years of age or older, adult relatives under certain conditions, and attorneys for the parents or guardians, as specified.
This bill would, until January 1, 2019, generally allow service for the above purposes to be made by electronic 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 a specified form, as provided.
Existing law authorizes the juvenile court to adjudge a minor who has been abused or neglected, or who meets other specified criteria, to be a dependent child of the court. Existing law requires the court to conduct various hearings regarding children who are, or who may become, dependent children, including a detention hearing, jurisdictional hearing, and dispositional hearing. Existing law requires the probation officer, the social worker, or the clerk of the court to provide notice of those hearings to certain persons, including parents, guardians, the child, if he or she is 10 years of age or older, adult relatives under certain conditions, and attorneys for the parents or guardians, as specified.
This bill would allow service for the above purposes to be made by electronic 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 a specified form.
If the probation officer or social worker determines that the child shall be retained in custody, he or she shall immediately file a petition pursuant to Section 332 with the clerk of the juvenile court, who shall set the matter for hearing on the detention hearing calendar. The probation officer or social worker shall serve notice as prescribed in this section.
(a)Notice shall be given to the following persons whose whereabouts are known or become 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 siblings caregiver, and the siblings attorney. If the sibling is under 10 years of age, the siblings caregiver and the siblings 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, then to any adult relative residing within the county, or, if none, the adult relative residing nearest the court.
(7)The attorney for the parent or parents, or legal guardian or guardians.
(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)The notice shall be given as soon as possible after the filing of the petition.
(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)Service of the notice shall be written or oral. If the person being served cannot read, notice shall be given orally. Except as provided in subdivisions (f), (g), and (h), written notice may be served by electronic 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.
(f)If the probation officer or social worker knows or has reason to know that an Indian child is involved, notice shall be given in accordance with Section 224.2.
(g)Except as provided in subdivision (h), 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.
(h)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.
(i)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.
SEC. 2.Section 290.1 is added to the Welfare and Institutions Code, to read:290.1.If the probation officer or social worker determines that the child shall be retained in custody, he or she shall immediately file a petition pursuant to Section 332 with the clerk of the juvenile court, who shall set the matter for hearing on the detention hearing calendar. The probation officer or social worker shall serve notice as prescribed in this section.
(a)Notice shall be given to the following persons whose whereabouts are known or become 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 siblings caregiver, and the siblings attorney. If the sibling is under 10 years of age, the siblings caregiver and the siblings 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, then to any adult relative residing within the county, or, if none, the adult relative residing nearest the court.
(7)The attorney for the parent or parents, or legal guardian or guardians.
(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)The notice shall be given as soon as possible after the filing of the petition.
(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)Service of the notice shall be written or oral. If the person being served cannot read, notice shall be given orally.
(f)If the probation officer or social worker knows or has reason to know that an Indian child is involved, notice shall be given in accordance with Section 224.2.
(g)This section shall become operative on January 1, 2019.
SEC. 3.Section 290.2 of the Welfare and Institutions Code is amended to read: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 siblings caregiver, and the siblings attorney. If the sibling is under 10 years of age, the siblings caregiver and the siblings 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.
(3)Except as provided in subdivisions (e), (f), and (g), 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.
(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)Except as provided in subdivision (g), 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.
(g)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.
(h)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.
SEC. 4.Section 290.2 is added to the Welfare and Institutions Code, to read: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 siblings caregiver, and the siblings attorney. If the sibling is under 10 years of age, the siblings caregiver and the siblings 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.
SEC. 5.Section 291 of the Welfare and Institutions Code is amended to read:291.After the initial petition hearing, the clerk of the court shall cause the notice to be served in the following manner:
(a)Notice of the hearing shall be given to the following persons:
(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 siblings caregiver, and the siblings attorney. If the sibling is under 10 years of age, the siblings caregiver and the siblings 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)Each attorney of record unless counsel of record is present in court when the hearing is scheduled, then no further notice need be given.
(7)If there is no parent or guardian residing in California, or if the residence is unknown, then to any adult relative residing within the county, or, if none, the adult relative residing nearest the court.
(8)If the hearing is a dispositional hearing that is also serving as a permanency hearing pursuant to subdivision (f) of Section 361.5, notice shall be given to the current caregiver for the child, including foster parents, relative caregivers, preadoptive parents, and nonrelative extended family members. Any person notified may attend all hearings and may submit any information he or she deems relevant to the court in writing.
(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 detained, 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 less than five days and then at least 24 hours prior to the hearing.
(2)If the child is not detained, the notice shall be given to those persons required to be noticed at least 10 days prior to the date of the hearing.
(d)The notice shall include all of the following:
(1)The name and address of the person notified.
(2)The nature of the hearing.
(3)Each section and subdivision under which the proceeding has been initiated.
(4)The date, time, and place of the hearing.
(5)The name of the child upon whose behalf the petition has been brought.
(6)A statement that:
(A)If they fail to appear, the court may proceed without them.
(B)The child, parent, guardian, Indian custodian, or adult relative to whom notice is required to be given pursuant to paragraph (1), (2), (3), (4), or (7) of subdivision (a) is entitled to have an attorney present at the hearing.
(C)If the parent, guardian, Indian custodian, or adult relative noticed pursuant to paragraph (1), (2), (3), or (7) of subdivision (a) is indigent and cannot afford an attorney, and desires to be represented by an attorney, the parent, guardian, Indian custodian, or adult relative shall promptly notify the clerk of the juvenile court.
(D)If an attorney is appointed to represent the parent, guardian, Indian custodian, or adult relative, the represented person shall be liable for all or a portion of the costs to the extent of his or her ability to pay.
(E)The parent, guardian, Indian custodian, or adult relative may be liable for the costs of support of the child in any out-of-home placement.
(7)A copy of the petition.
(e)Service of the notice of the hearing shall be given in the following manner:
(1)If the child is detained and the persons required to be noticed are not present at the initial petition hearing, they shall be noticed by personal service or by certified mail, return receipt requested.
(2)If the child is detained and the persons required to be noticed are present at the initial petition hearing, they shall be noticed by personal service or by first-class mail.
(3)If the child is not detained, the persons required to be noticed shall be noticed by personal service or by first-class mail, unless the person to be served is known to reside outside the county, in which case service shall be by first-class mail.
(4)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.
(f)Any of the notices required to be given under this section or Sections 290.1 and 290.2 may be waived by a party in person or through his or her attorney, or by a signed written waiver filed on or before the date scheduled for the hearing.
(g)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.
(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.
SEC. 6.Section 291 is added to the Welfare and Institutions Code, to read:291.After the initial petition hearing, the clerk of the court shall cause the notice to be served in the following manner:
(a)Notice of the hearing shall be given to the following persons:
(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 siblings caregiver, and the siblings attorney. If the sibling is under 10 years of age, the siblings caregiver and the siblings 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)Each attorney of record unless counsel of record is present in court when the hearing is scheduled, then no further notice need be given.
(7)If there is no parent or guardian residing in California, or if the residence is unknown, then to any adult relative residing within the county, or, if none, the adult relative residing nearest the court.
(8)If the hearing is a dispositional hearing that is also serving as a permanency hearing pursuant to subdivision (f) of Section 361.5, notice shall be given to the current caregiver for the child, including foster parents, relative caregivers, preadoptive parents, and nonrelative extended family members. Any person notified may attend all hearings and may submit any information he or she deems relevant to the court in writing.
(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 detained, 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 less than five days and then at least 24 hours prior to the hearing.
(2)If the child is not detained, the notice shall be given to those persons required to be noticed at least 10 days prior to the date of the hearing.
(d)The notice shall include all of the following:
(1)The name and address of the person notified.
(2)The nature of the hearing.
(3)Each section and subdivision under which the proceeding has been initiated.
(4)The date, time, and place of the hearing.
(5)The name of the child upon whose behalf the petition has been brought.
(6)A statement that:
(A)If they fail to appear, the court may proceed without them.
(B)The child, parent, guardian, Indian custodian, or adult relative to whom notice is required to be given pursuant to paragraph (1), (2), (3), (4), or (7) of subdivision (a) is entitled to have an attorney present at the hearing.
(C)If the parent, guardian, Indian custodian, or adult relative noticed pursuant to paragraph (1), (2), (3), or (7) of subdivision (a) is indigent and cannot afford an attorney, and desires to be represented by an attorney, the parent, guardian, Indian custodian, or adult relative shall promptly notify the clerk of the juvenile court.
(D)If an attorney is appointed to represent the parent, guardian, Indian custodian, or adult relative, the represented person shall be liable for all or a portion of the costs to the extent of his or her ability to pay.
(E)The parent, guardian, Indian custodian, or adult relative may be liable for the costs of support of the child in any out-of-home placement.
(7)A copy of the petition.
(e)Service of the notice of the hearing shall be given in the following manner:
(1)If the child is detained and the persons required to be noticed are not present at the initial petition hearing, they shall be noticed by personal service or by certified mail, return receipt requested.
(2)If the child is detained and the persons required to be noticed are present at the initial petition hearing, they shall be noticed by personal service or by first-class mail.
(3)If the child is not detained, the persons required to be noticed shall be noticed by personal service or by first-class mail, unless the person to be served is known to reside outside the county, in which case service shall be by first-class mail.
(f)Any of the notices required to be given under this section or Sections 290.1 and 290.2 may be waived by a party in person or through his or her attorney, or by a signed written waiver filed on or before the date scheduled for the hearing.
(g)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.
(h)This section shall become operative on January 1, 2019.
SEC. 7.Section 292 of the Welfare and Institutions Code is amended to read:292.The social worker or probation officer shall give notice of the review hearing held pursuant to Section 364 in the following manner:
(a)Notice of the hearing shall be given to the following persons:
(1)The mother.
(2)The presumed father or any father receiving services.
(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 siblings caregiver, and the siblings attorney. If the sibling is under 10 years of age, the siblings caregiver and the siblings 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)Each attorney of record, if that attorney was not present at the time that the hearing was set by the court.
(b)No notice is required for a parent whose parental rights have been terminated.
(c)The notice of the hearing shall be served not earlier than 30 days, nor later than 15 days, before the hearing.
(d)The notice shall contain a statement regarding the nature of the hearing to be held and any change in the custody or status of the child being recommended by the supervising agency. The notice shall also include a statement that the child and the parent or parents or legal guardian or guardians have a right to be present at the hearing, to be represented by counsel at the hearing and the procedure for obtaining appointed counsel, and to present evidence regarding the proper disposition of the case. The notice shall also state that if the parent or parents or legal guardian or guardians fail to appear, the court may proceed without them.
(e)Service of the notice shall be by personal service, by first-class mail, or by certified mail, return receipt requested, addressed to the last known address of the person to be noticed. Except as provided in subdivisions (f), (g), and (h), notice may be served by electronic 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.
(f)If the social worker or the probation officer knows or has reason to know that an Indian child is involved, notice shall be given in accordance with Section 224.2.
(g)Except as provided in subdivision (h), 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.
(h)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.
(i)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.
SEC. 8.Section 292 is added to the Welfare and Institutions Code, to read:292.The social worker or probation officer shall give notice of the review hearing held pursuant to Section 364 in the following manner:
(a)Notice of the hearing shall be given to the following persons:
(1)The mother.
(2)The presumed father or any father receiving services.
(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 siblings caregiver, and the siblings attorney. If the sibling is under 10 years of age, the siblings caregiver and the siblings 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)Each attorney of record, if that attorney was not present at the time that the hearing was set by the court.
(b)No notice is required for a parent whose parental rights have been terminated.
(c)The notice of the hearing shall be served not earlier than 30 days, nor later than 15 days, before the hearing.
(d)The notice shall contain a statement regarding the nature of the hearing to be held and any change in the custody or status of the child being recommended by the supervising agency. The notice shall also include a statement that the child and the parent or parents or legal guardian or guardians have a right to be present at the hearing, to be represented by counsel at the hearing and the procedure for obtaining appointed counsel, and to present evidence regarding the proper disposition of the case. The notice shall also state that if the parent or parents or legal guardian or guardians fail to appear, the court may proceed without them.
(e)Service of the notice shall be by personal service, by first-class mail, or by certified mail, return receipt requested, addressed to the last known address of the person to be noticed.
(f)If the social worker or the probation officer knows or has reason to know that an Indian child is involved, notice shall be given in accordance with Section 224.2.
(g)This section shall become operative on January 1, 2019.
SEC. 9.Section 293 of the Welfare and Institutions Code is amended to read:293.The social worker or probation officer shall give notice of the review hearings held pursuant to Section 366.21, 366.22, or 366.25 in the following manner:
(a)Notice of the hearing shall be given to the following persons:
(1)The mother.
(2)The presumed father or any father receiving services.
(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 siblings caregiver, and the siblings attorney. If the sibling is under 10 years of age, the siblings caregiver and the siblings 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)In the case of a child removed from the physical custody of his or her parent or legal guardian, 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 custody of the child. In a case in which a foster family agency is notified of the hearing pursuant to this section, and the child resides in a foster home certified by the foster family agency, the foster family agency shall provide timely notice of the hearing to the childs caregivers.
(7)Each attorney of record if that attorney was not present at the time that the hearing was set by the court.
(b)No notice is required for a parent whose parental rights have been terminated. On and after January 1, 2012, in the case of a nonminor dependent, as described in subdivision (v) of Section 11400, no notice is required for a parent.
(c)The notice of hearing shall be served not earlier than 30 days, nor later than 15 days, before the hearing.
(d)The notice shall contain a statement regarding the nature of the hearing to be held and any change in the custody or status of the child being recommended by the supervising agency. If the notice is to the child, parent or parents, or legal guardian or guardians, the notice shall also advise them of the right to be present, the right to be represented by counsel, the right to request counsel, and the right to present evidence. The notice shall also state that if the parent or parents or legal guardian or guardians fail to appear, the court may proceed without them.
(e)Service of the notice shall be by first-class mail addressed to the last known address of the person to be noticed or by personal service on the person. Service of a copy of the notice shall be by personal service or by certified mail, return receipt requested, or any other form of notice that is equivalent to service by first-class mail. 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.
(f)Notice to the current caregiver of the child, including a foster parent, a relative caregiver, a preadoptive parent, or a nonrelative extended family member, or to a certified foster parent who has been approved for adoption, or the State Department of Social Services when it is acting as an adoption agency or by a county adoption agency, shall indicate that the person notified may attend all hearings or may submit any information he or she deems relevant to the court in writing.
(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.
SEC. 10.Section 293 is added to the Welfare and Institutions Code, to read:293.The social worker or probation officer shall give notice of the review hearings held pursuant to Section 366.21, 366.22, or 366.25 in the following manner:
(a)Notice of the hearing shall be given to the following persons:
(1)The mother.
(2)The presumed father or any father receiving services.
(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 siblings caregiver, and the siblings attorney. If the sibling is under 10 years of age, the siblings caregiver and the siblings 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)In the case of a child removed from the physical custody of his or her parent or legal guardian, 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 custody of the child. In a case in which a foster family agency is notified of the hearing pursuant to this section, and the child resides in a foster home certified by the foster family agency, the foster family agency shall provide timely notice of the hearing to the childs caregivers.
(7)Each attorney of record if that attorney was not present at the time that the hearing was set by the court.
(b)No notice is required for a parent whose parental rights have been terminated. On and after January 1, 2012, in the case of a nonminor dependent, as described in subdivision (v) of Section 11400, no notice is required for a parent.
(c)The notice of hearing shall be served not earlier than 30 days, nor later than 15 days, before the hearing.
(d)The notice shall contain a statement regarding the nature of the hearing to be held and any change in the custody or status of the child being recommended by the supervising agency. If the notice is to the child, parent or parents, or legal guardian or guardians, the notice shall also advise them of the right to be present, the right to be represented by counsel, the right to request counsel, and the right to present evidence. The notice shall also state that if the parent or parents or legal guardian or guardians fail to appear, the court may proceed without them.
(e)Service of the notice shall be by first-class mail addressed to the last known address of the person to be noticed or by personal service on the person. Service of a copy of the notice shall be by personal service or by certified mail, return receipt requested, or any other form of notice that is equivalent to service by first-class mail.
(f)Notice to the current caregiver of the child, including a foster parent, a relative caregiver, a preadoptive parent, or a nonrelative extended family member, or to a certified foster parent who has been approved for adoption, or the State Department of Social Services when it is acting as an adoption agency or by a county adoption agency, shall indicate that the person notified may attend all hearings or may submit any information he or she deems relevant to the court in writing.
(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)This section shall become operative on January 1, 2019.
SEC. 11.Section 294 of the Welfare and Institutions Code is amended to read:294.The social worker or probation officer shall give notice of a selection and implementation hearing held pursuant to Section 366.26 in the following manner:
(a)Notice of the hearing shall be given to the following persons:
(1)The mother.
(2)The fathers, presumed and alleged.
(3)The child, if the child is 10 years of age or older.
(4)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 siblings caregiver, and the siblings attorney. If the sibling is under 10 years of age, the siblings caregiver and the siblings attorney. However, notice is not required to be given to any sibling whose matter is calendared in the same court on the same day.
(5)The grandparents of the child, if their address is known and if the parents whereabouts are unknown.
(6)All counsel of record.
(7)To any unknown parent by publication, if ordered by the court pursuant to paragraph (2) of subdivision (g).
(8)The current caregiver of the child, including foster parents, relative caregivers, preadoptive parents, and nonrelative extended family members. Any person notified may attend all hearings and may submit any information he or she deems relevant to the court in writing.
(b)The following persons shall not be notified of the hearing:
(1)A parent who has relinquished the child to the State Department of Social Services, county adoption agency, or licensed adoption agency for adoption, and the relinquishment has been accepted and filed with notice as required under Section 8700 of the Family Code.
(2)An alleged father who has denied paternity and has executed a waiver of the right to notice of further proceedings.
(3)A parent whose parental rights have been terminated.
(c)(1)Service of the notice shall be completed at least 45 days before the hearing date. Service is deemed complete at the time the notice is personally delivered to the person named in the notice or 10 days after the notice has been placed in the mail or sent by electronic mail, or at the expiration of the time prescribed by the order for publication.
(2)Service of notice in cases where publication is ordered shall be completed at least 30 days before the date of the hearing.
(d)Regardless of the type of notice required, or the manner in which it is served, once the court has made the initial finding that notice has properly been given to the parent, or to any person entitled to receive notice pursuant to this section, subsequent notice for any continuation of a Section 366.26 hearing may be by first-class mail to any last known address, by an order made pursuant to Section 296, except as provided in paragraphs (2) and (3) of subdivision (h) and subdivision (i), by electronic 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, or by any other means that the court determines is reasonably calculated, under any circumstance, to provide notice of the continued hearing. However, if the recommendation changes from the recommendation contained in the notice previously found to be proper, notice shall be provided to the parent, and to any person entitled to receive notice pursuant to this section, regarding that subsequent hearing.
(e)The notice shall contain the following information:
(1)The date, time, and place of the hearing.
(2)The right to appear.
(3)The parents right to counsel.
(4)The nature of the proceedings.
(5)The recommendation of the supervising agency.
(6)A statement that, at the time of hearing, the court is required to select a permanent plan of adoption, legal guardianship, or long-term foster care for the child.
(f)Notice to the parents may be given in any one of the following manners:
(1)If the parent is present at the hearing at which the court schedules a hearing pursuant to Section 366.26, the court shall advise the parent of the date, time, and place of the proceedings, their right to counsel, the nature of the proceedings, and the requirement that at the proceedings the court shall select and implement a plan of adoption, legal guardianship, or long-term foster care for the child. The court shall direct the parent to appear for the proceedings and then direct that the parent be notified thereafter by first-class mail to the parents usual place of residence or business only. In lieu of notice by first-class mail, notice may be served by electronic 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.
(2)Certified mail, return receipt requested, to the parents last known mailing address. This notice shall be sufficient if the child welfare agency receives a return receipt signed by the parent.
(3)Personal service to the parent named in the notice.
(4)Delivery to a competent person who is at least 18 years of age at the parents usual place of residence or business, and thereafter mailed to the parent named in the notice by first-class mail at the place where the notice was delivered.
(5)If the residence of the parent is outside the state, service may be made as described in paragraph (1), (3), or (4) or by certified mail, return receipt requested.
(6)If the recommendation of the probation officer or social worker is legal guardianship or long-term foster care, or, in the case of an Indian child, tribal customary adoption, service may be made by first-class mail to the parents usual place of residence or business. In lieu of notice by first-class mail, notice may be served by electronic 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.
(7)If a parents identity is known but his or her whereabouts are unknown and the parent cannot, with reasonable diligence, be served in any manner specified in paragraphs (1) to (6), inclusive, the petitioner shall file an affidavit with the court at least 75 days before the hearing date, stating the name of the parent and describing the efforts made to locate and serve the parent.
(A)If the court determines that there has been due diligence in attempting to locate and serve the parent and the probation officer or social worker recommends adoption, service shall be to that parents attorney of record, if any, by certified mail, return receipt requested. If the parent does not have an attorney of record, the court shall order that service be made by publication of citation requiring the parent to appear at the date, time, and place stated in the citation, and that the citation be published in a newspaper designated as most likely to give notice to the parent. Publication shall be made once a week for four consecutive weeks. Whether notice is to the attorney of record or by publication, the court shall also order that notice be given to the grandparents of the child, if their identities and addresses are known, by first-class mail.
(B)If the court determines that there has been due diligence in attempting to locate and serve the parent and the probation officer or social worker recommends legal guardianship or long-term foster care, no further notice is required to the parent, but the court shall order that notice be given to the grandparents of the child, if their identities and addresses are known, by first-class mail.
(C)In any case where the residence of the parent becomes known, notice shall immediately be served upon the parent as provided for in either paragraph (2), (3), (4), (5), or (6).
(g)(1)If the identity of one or both of the parents, or alleged parents, of the child is unknown, or if the name of one or both parents is uncertain, then that fact shall be set forth in the affidavit filed with the court at least 75 days before the hearing date and the court, consistent with the provisions of Sections 7665 and 7666 of the Family Code, shall issue an order dispensing with notice to a natural parent or possible natural parent under this section if, after inquiry and a determination that there has been due diligence in attempting to identify the unknown parent, the court is unable to identify the natural parent or possible natural parent and no person has appeared claiming to be the natural parent.
(2)After a determination that there has been due diligence in attempting to identify an unknown parent pursuant to paragraph (1) and the probation officer or social worker recommends adoption, the court shall consider whether publication notice would be likely to lead to actual notice to the unknown parent. The court may order publication notice if, on the basis of all information before the court, the court determines that notice by publication is likely to lead to actual notice to the parent. If publication notice to an unknown parent is ordered, the court shall order the published citation to be directed to either the father or mother, or both, of the child, and to all persons claiming to be the father or mother of the child, naming and otherwise describing the child. An order of publication pursuant to this paragraph shall be based on an affidavit describing efforts made to identify the unknown parent or parents. Service made by publication pursuant to this paragraph shall require the unknown parent or parents to appear at the date, time, and place stated in the citation. Publication shall be made once a week for four consecutive weeks.
(3)If the court determines that there has been due diligence in attempting to identify one or both of the parents, or alleged parents, of the child and the probation officer or social worker recommends legal guardianship or long-term foster care, no further notice to the parent shall be required.
(h)(1)Notice to all counsel of record shall be by first-class mail, or by electronic 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.
(2)Except as provided in paragraph (3), if notice is required to be provided to a child, written notice may be served on the child by electronic mail only if all of the following requirements are satisfied:
(A)The county, or city and county, and the court choose to permit service by electronic mail.
(B)The child is 16 years of age or older.
(C)The child has consented to service by electronic mail by signing Judicial Council Form EFS-005.
(D)The attorney for the child has consented to service of the minor by electronic mail by signing Judicial Council Form EFS-005.
(3)If notice is required to be provided to a child, 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:
(A)The county, or city and county, and the court choose to permit service by electronic mail.
(B)The child is 14 or 15 years of age.
(C)The child has consented to service by electronic mail by signing Judicial Council Form EFS-005.
(D)The attorney for the child has consented to service of the minor by electronic mail by signing Judicial Council Form EFS-005.
(i)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.
(j)Notwithstanding subdivision (a), if the attorney of record is present at the time the court schedules a hearing pursuant to Section 366.26, no further notice is required, except as required by subparagraph (A) of paragraph (7) of subdivision (f).
(k)This section shall also apply to children adjudged wards pursuant to Section 727.31.
(l)The court shall state the reasons on the record explaining why good cause exists for granting any continuance of a hearing held pursuant to Section 366.26 to fulfill the requirements of this section.
(m)Notwithstanding any choice by a county, or city and county, and the court to permit service of written notice of court proceedings by electronic mail, or consent by any person to service of written notice by electronic mail by signing Judicial Council Form EFS-005, notice of any hearing at which the county welfare department is recommending the termination of parental rights may only be served by electronic mail if supplemental and in addition to the other forms of notice provided for in this section.
(n)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.
SEC. 12.Section 294 is added to the Welfare and Institutions Code, to read:294.The social worker or probation officer shall give notice of a selection and implementation hearing held pursuant to Section 366.26 in the following manner:
(a)Notice of the hearing shall be given to the following persons:
(1)The mother.
(2)The fathers, presumed and alleged.
(3)The child, if the child is 10 years of age or older.
(4)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 siblings caregiver, and the siblings attorney. If the sibling is under 10 years of age, the siblings caregiver and the siblings attorney. However, notice is not required to be given to any sibling whose matter is calendared in the same court on the same day.
(5)The grandparents of the child, if their address is known and if the parents whereabouts are unknown.
(6)All counsel of record.
(7)To any unknown parent by publication, if ordered by the court pursuant to paragraph (2) of subdivision (g).
(8)The current caregiver of the child, including foster parents, relative caregivers, preadoptive parents, and nonrelative extended family members. Any person notified may attend all hearings and may submit any information he or she deems relevant to the court in writing.
(b)The following persons shall not be notified of the hearing:
(1)A parent who has relinquished the child to the State Department of Social Services, county adoption agency, or licensed adoption agency for adoption, and the relinquishment has been accepted and filed with notice as required under Section 8700 of the Family Code.
(2)An alleged father who has denied paternity and has executed a waiver of the right to notice of further proceedings.
(3)A parent whose parental rights have been terminated.
(c)(1)Service of the notice shall be completed at least 45 days before the hearing date. Service is deemed complete at the time the notice is personally delivered to the person named in the notice or 10 days after the notice has been placed in the mail, or at the expiration of the time prescribed by the order for publication.
(2)Service of notice in cases where publication is ordered shall be completed at least 30 days before the date of the hearing.
(d)Regardless of the type of notice required, or the manner in which it is served, once the court has made the initial finding that notice has properly been given to the parent, or to any person entitled to receive notice pursuant to this section, subsequent notice for any continuation of a Section 366.26 hearing may be by first-class mail to any last known address, by an order made pursuant to Section 296, or by any other means that the court determines is reasonably calculated, under any circumstance, to provide notice of the continued hearing. However, if the recommendation changes from the recommendation contained in the notice previously found to be proper, notice shall be provided to the parent, and to any person entitled to receive notice pursuant to this section, regarding that subsequent hearing.
(e)The notice shall contain the following information:
(1)The date, time, and place of the hearing.
(2)The right to appear.
(3)The parents right to counsel.
(4)The nature of the proceedings.
(5)The recommendation of the supervising agency.
(6)A statement that, at the time of hearing, the court is required to select a permanent plan of adoption, legal guardianship, or long-term foster care for the child.
(f)Notice to the parents may be given in any one of the following manners:
(1)If the parent is present at the hearing at which the court schedules a hearing pursuant to Section 366.26, the court shall advise the parent of the date, time, and place of the proceedings, their right to counsel, the nature of the proceedings, and the requirement that at the proceedings the court shall select and implement a plan of adoption, legal guardianship, or long-term foster care for the child. The court shall direct the parent to appear for the proceedings and then direct that the parent be notified thereafter by first-class mail to the parents usual place of residence or business only.
(2)Certified mail, return receipt requested, to the parents last known mailing address. This notice shall be sufficient if the child welfare agency receives a return receipt signed by the parent.
(3)Personal service to the parent named in the notice.
(4)Delivery to a competent person who is at least 18 years of age at the parents usual place of residence or business, and thereafter mailed to the parent named in the notice by first-class mail at the place where the notice was delivered.
(5)If the residence of the parent is outside the state, service may be made as described in paragraph (1), (3), or (4) or by certified mail, return receipt requested.
(6)If the recommendation of the probation officer or social worker is legal guardianship or long-term foster care, or, in the case of an Indian child, tribal customary adoption, service may be made by first-class mail to the parents usual place of residence or business.
(7)If a parents identity is known but his or her whereabouts are unknown and the parent cannot, with reasonable diligence, be served in any manner specified in paragraphs (1) to (6), inclusive, the petitioner shall file an affidavit with the court at least 75 days before the hearing date, stating the name of the parent and describing the efforts made to locate and serve the parent.
(A)If the court determines that there has been due diligence in attempting to locate and serve the parent and the probation officer or social worker recommends adoption, service shall be to that parents attorney of record, if any, by certified mail, return receipt requested. If the parent does not have an attorney of record, the court shall order that service be made by publication of citation requiring the parent to appear at the date, time, and place stated in the citation, and that the citation be published in a newspaper designated as most likely to give notice to the parent. Publication shall be made once a week for four consecutive weeks. Whether notice is to the attorney of record or by publication, the court shall also order that notice be given to the grandparents of the child, if their identities and addresses are known, by first-class mail.
(B)If the court determines that there has been due diligence in attempting to locate and serve the parent and the probation officer or social worker recommends legal guardianship or long-term foster care, no further notice is required to the parent, but the court shall order that notice be given to the grandparents of the child, if their identities and addresses are known, by first-class mail.
(C)In any case where the residence of the parent becomes known, notice shall immediately be served upon the parent as provided for in either paragraph (2), (3), (4), (5), or (6).
(g)(1)If the identity of one or both of the parents, or alleged parents, of the child is unknown, or if the name of one or both parents is uncertain, then that fact shall be set forth in the affidavit filed with the court at least 75 days before the hearing date and the court, consistent with the provisions of Sections 7665 and 7666 of the Family Code, shall issue an order dispensing with notice to a natural parent or possible natural parent under this section if, after inquiry and a determination that there has been due diligence in attempting to identify the unknown parent, the court is unable to identify the natural parent or possible natural parent and no person has appeared claiming to be the natural parent.
(2)After a determination that there has been due diligence in attempting to identify an unknown parent pursuant to paragraph (1) and the probation officer or social worker recommends adoption, the court shall consider whether publication notice would be likely to lead to actual notice to the unknown parent. The court may order publication notice if, on the basis of all information before the court, the court determines that notice by publication is likely to lead to actual notice to the parent. If publication notice to an unknown parent is ordered, the court shall order the published citation to be directed to either the father or mother, or both, of the child, and to all persons claiming to be the father or mother of the child, naming and otherwise describing the child. An order of publication pursuant to this paragraph shall be based on an affidavit describing efforts made to identify the unknown parent or parents. Service made by publication pursuant to this paragraph shall require the unknown parent or parents to appear at the date, time, and place stated in the citation. Publication shall be made once a week for four consecutive weeks.
(3)If the court determines that there has been due diligence in attempting to identify one or both of the parents, or alleged parents, of the child and the probation officer or social worker recommends legal guardianship or long-term foster care, no further notice to the parent shall be required.
(h)Notice to the child and all counsel of record shall be by first-class mail.
(i)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.
(j)Notwithstanding subdivision (a), if the attorney of record is present at the time the court schedules a hearing pursuant to Section 366.26, no further notice is required, except as required by subparagraph (A) of paragraph (7) of subdivision (f).
(k)This section shall also apply to children adjudged wards pursuant to Section 727.31.
(l)The court shall state the reasons on the record explaining why good cause exists for granting any continuance of a hearing held pursuant to Section 366.26 to fulfill the requirements of this section.
(m)This section shall become operative on January 1, 2019.
SEC. 13.Section 295 of the Welfare and Institutions Code is amended to read: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 siblings caregiver, and the siblings attorney. If the sibling is under 10 years of age, the siblings caregiver and the siblings 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.
SEC. 14.Section 295 is added to the Welfare and Institutions Code, to read: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 siblings caregiver, and the siblings attorney. If the sibling is under 10 years of age, the siblings caregiver and the siblings 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. 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)This section shall become operative on January 1, 2019.
SEC. 15.Section 316.1 of the Welfare and Institutions Code is amended to read:316.1.(a)(1)Upon his or her appearance before the court, each parent or guardian shall designate for the court his or her permanent mailing address. The court shall advise each parent or guardian that the designated mailing address will be used by the court and the social services agency for notice purposes unless and until the parent or guardian notifies the court or the social services agency of a new mailing address in writing.
(2)Except as provided in subdivisions (b) and (c), in addition to providing his or her permanent mailing address, the court may, if the county, or city and county, and the court choose to permit service by electronic mail, permit any party who is entitled to notice of court proceedings, upon his or her consent to service by electronic mail by signing Judicial Council Form EFS-005, to voluntarily provide the court with a designated electronic mail address for the purpose of receiving notice by electronic mail. Upon his or her appearance before the court, each party who consents to service by electronic mail shall designate for the court his or her electronic mail address. The court shall advise each party that the electronic mail address will be used by the court and the social services agency for purposes of providing notice pursuant to Sections 290.1, 290.2, 291, 292, 293, 294, and 295, unless and until the party notifies the court or the social services agency of a new electronic mail address in writing.
(b)Except as provided in subdivision (c), the court may permit a child who appears before the court and who is entitled to notice of court proceedings to voluntarily provide the court with a designated electronic mail address for the purpose of receiving notice by electronic mail only under the following circumstances:
(1)If the child is 16 years of age or older, notice shall be served by first-class mail, or if all of the following requirements are satisfied, by electronic mail:
(A)The county, or city and county, and the court choose to permit service by electronic mail.
(B)The child has consented to service by electronic mail by signing Judicial Council Form EFS-005.
(C)The attorney for the child has consented to service of the minor by electronic mail by signing Judicial Council Form EFS-005.
(2)If the child is 14 or 15 years of age, 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:
(A)The county, or city and county, and the court choose to permit service by electronic mail.
(B)The child has consented to service by electronic mail by signing Judicial Council Form EFS-005.
(C)The attorney for the child has consented to service of the minor by electronic mail by signing Judicial Council Form EFS-005.
(c)Notice of court proceedings by electronic mail is not permitted in any of the following circumstances:
(1)For notice of any hearing at which the county welfare department is recommending termination of parental rights, in which case notice may only be served by electronic mail if supplemental and in addition to first-class mail.
(2)If the social worker or probation officer knows or has reason to know that an Indian child is involved, in which case notice shall be given in accordance with Section 224.2.
(3)If the person entitled to notice is a child under 14 years of age.
(d)The Judicial Council may develop a form for the designation of a permanent mailing address by parents and guardians for use by the courts and social services agencies.
(e)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.
SEC. 16.Section 316.1 is added to the Welfare and Institutions Code, to read:316.1.(a)Upon his or her appearance before the court, each parent or guardian shall designate for the court his or her permanent mailing address. The court shall advise each parent or guardian that the designated mailing address will be used by the court and the social services agency for notice purposes unless and until the parent or guardian notifies the court or the social services agency of a new mailing address in writing.
(b)The Judicial Council may develop a form for the designation of a permanent mailing address by parents and guardians for use by the courts and social services agencies.
(c)This section shall become operative on January 1, 2019.
If the probation officer or social worker determines that the child shall be retained in custody, he or she shall immediately file a petition pursuant to Section 332 with the clerk of the juvenile court, who shall set the matter for hearing on the detention hearing calendar. The probation officer or social worker shall serve notice as prescribed in this section.
(a)Notice shall be given to the following persons whose whereabouts are known or become 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 siblings caregiver, and the siblings attorney. If the sibling is under 10 years of age, the siblings caregiver and the siblings 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, then to any adult relative residing within the county, or, if none, the adult relative residing nearest the court.
(7)The attorney for the parent or parents, or legal guardian or guardians.
(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)The notice shall be given as soon as possible after the filing of the petition.
(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)Service of the notice shall be written or oral. If the person being served cannot read, notice shall be given orally. Except as provided in subdivisions (f), (g), and (h), written notice may be served by electronic 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.
(f)If the probation officer or social worker knows or has reason to know that an Indian child is involved, notice shall be given in accordance with Section 224.2.
(g)Except as provided in subdivision (h), 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.
(h)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.
(i)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.
SEC. 2.Section 290.1 is added to the Welfare and Institutions Code, to read:290.1.If the probation officer or social worker determines that the child shall be retained in custody, he or she shall immediately file a petition pursuant to Section 332 with the clerk of the juvenile court, who shall set the matter for hearing on the detention hearing calendar. The probation officer or social worker shall serve notice as prescribed in this section.
(a)Notice shall be given to the following persons whose whereabouts are known or become 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 siblings caregiver, and the siblings attorney. If the sibling is under 10 years of age, the siblings caregiver and the siblings 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, then to any adult relative residing within the county, or, if none, the adult relative residing nearest the court.
(7)The attorney for the parent or parents, or legal guardian or guardians.
(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)The notice shall be given as soon as possible after the filing of the petition.
(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)Service of the notice shall be written or oral. If the person being served cannot read, notice shall be given orally.
(f)If the probation officer or social worker knows or has reason to know that an Indian child is involved, notice shall be given in accordance with Section 224.2.
(g)This section shall become operative on January 1, 2019.
SEC. 3.Section 290.2 of the Welfare and Institutions Code is amended to read: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 siblings caregiver, and the siblings attorney. If the sibling is under 10 years of age, the siblings caregiver and the siblings 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.
(3)Except as provided in subdivisions (e), (f), and (g), 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.
(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)Except as provided in subdivision (g), 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.
(g)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.
(h)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.
SEC. 4.Section 290.2 is added to the Welfare and Institutions Code, to read: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 siblings caregiver, and the siblings attorney. If the sibling is under 10 years of age, the siblings caregiver and the siblings 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.
SEC. 5.Section 291 of the Welfare and Institutions Code is amended to read:291.After the initial petition hearing, the clerk of the court shall cause the notice to be served in the following manner:
(a)Notice of the hearing shall be given to the following persons:
(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 siblings caregiver, and the siblings attorney. If the sibling is under 10 years of age, the siblings caregiver and the siblings 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)Each attorney of record unless counsel of record is present in court when the hearing is scheduled, then no further notice need be given.
(7)If there is no parent or guardian residing in California, or if the residence is unknown, then to any adult relative residing within the county, or, if none, the adult relative residing nearest the court.
(8)If the hearing is a dispositional hearing that is also serving as a permanency hearing pursuant to subdivision (f) of Section 361.5, notice shall be given to the current caregiver for the child, including foster parents, relative caregivers, preadoptive parents, and nonrelative extended family members. Any person notified may attend all hearings and may submit any information he or she deems relevant to the court in writing.
(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 detained, 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 less than five days and then at least 24 hours prior to the hearing.
(2)If the child is not detained, the notice shall be given to those persons required to be noticed at least 10 days prior to the date of the hearing.
(d)The notice shall include all of the following:
(1)The name and address of the person notified.
(2)The nature of the hearing.
(3)Each section and subdivision under which the proceeding has been initiated.
(4)The date, time, and place of the hearing.
(5)The name of the child upon whose behalf the petition has been brought.
(6)A statement that:
(A)If they fail to appear, the court may proceed without them.
(B)The child, parent, guardian, Indian custodian, or adult relative to whom notice is required to be given pursuant to paragraph (1), (2), (3), (4), or (7) of subdivision (a) is entitled to have an attorney present at the hearing.
(C)If the parent, guardian, Indian custodian, or adult relative noticed pursuant to paragraph (1), (2), (3), or (7) of subdivision (a) is indigent and cannot afford an attorney, and desires to be represented by an attorney, the parent, guardian, Indian custodian, or adult relative shall promptly notify the clerk of the juvenile court.
(D)If an attorney is appointed to represent the parent, guardian, Indian custodian, or adult relative, the represented person shall be liable for all or a portion of the costs to the extent of his or her ability to pay.
(E)The parent, guardian, Indian custodian, or adult relative may be liable for the costs of support of the child in any out-of-home placement.
(7)A copy of the petition.
(e)Service of the notice of the hearing shall be given in the following manner:
(1)If the child is detained and the persons required to be noticed are not present at the initial petition hearing, they shall be noticed by personal service or by certified mail, return receipt requested.
(2)If the child is detained and the persons required to be noticed are present at the initial petition hearing, they shall be noticed by personal service or by first-class mail.
(3)If the child is not detained, the persons required to be noticed shall be noticed by personal service or by first-class mail, unless the person to be served is known to reside outside the county, in which case service shall be by first-class mail.
(4)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.
(f)Any of the notices required to be given under this section or Sections 290.1 and 290.2 may be waived by a party in person or through his or her attorney, or by a signed written waiver filed on or before the date scheduled for the hearing.
(g)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.
(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.
SEC. 6.Section 291 is added to the Welfare and Institutions Code, to read:291.After the initial petition hearing, the clerk of the court shall cause the notice to be served in the following manner:
(a)Notice of the hearing shall be given to the following persons:
(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 siblings caregiver, and the siblings attorney. If the sibling is under 10 years of age, the siblings caregiver and the siblings 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)Each attorney of record unless counsel of record is present in court when the hearing is scheduled, then no further notice need be given.
(7)If there is no parent or guardian residing in California, or if the residence is unknown, then to any adult relative residing within the county, or, if none, the adult relative residing nearest the court.
(8)If the hearing is a dispositional hearing that is also serving as a permanency hearing pursuant to subdivision (f) of Section 361.5, notice shall be given to the current caregiver for the child, including foster parents, relative caregivers, preadoptive parents, and nonrelative extended family members. Any person notified may attend all hearings and may submit any information he or she deems relevant to the court in writing.
(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 detained, 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 less than five days and then at least 24 hours prior to the hearing.
(2)If the child is not detained, the notice shall be given to those persons required to be noticed at least 10 days prior to the date of the hearing.
(d)The notice shall include all of the following:
(1)The name and address of the person notified.
(2)The nature of the hearing.
(3)Each section and subdivision under which the proceeding has been initiated.
(4)The date, time, and place of the hearing.
(5)The name of the child upon whose behalf the petition has been brought.
(6)A statement that:
(A)If they fail to appear, the court may proceed without them.
(B)The child, parent, guardian, Indian custodian, or adult relative to whom notice is required to be given pursuant to paragraph (1), (2), (3), (4), or (7) of subdivision (a) is entitled to have an attorney present at the hearing.
(C)If the parent, guardian, Indian custodian, or adult relative noticed pursuant to paragraph (1), (2), (3), or (7) of subdivision (a) is indigent and cannot afford an attorney, and desires to be represented by an attorney, the parent, guardian, Indian custodian, or adult relative shall promptly notify the clerk of the juvenile court.
(D)If an attorney is appointed to represent the parent, guardian, Indian custodian, or adult relative, the represented person shall be liable for all or a portion of the costs to the extent of his or her ability to pay.
(E)The parent, guardian, Indian custodian, or adult relative may be liable for the costs of support of the child in any out-of-home placement.
(7)A copy of the petition.
(e)Service of the notice of the hearing shall be given in the following manner:
(1)If the child is detained and the persons required to be noticed are not present at the initial petition hearing, they shall be noticed by personal service or by certified mail, return receipt requested.
(2)If the child is detained and the persons required to be noticed are present at the initial petition hearing, they shall be noticed by personal service or by first-class mail.
(3)If the child is not detained, the persons required to be noticed shall be noticed by personal service or by first-class mail, unless the person to be served is known to reside outside the county, in which case service shall be by first-class mail.
(f)Any of the notices required to be given under this section or Sections 290.1 and 290.2 may be waived by a party in person or through his or her attorney, or by a signed written waiver filed on or before the date scheduled for the hearing.
(g)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.
(h)This section shall become operative on January 1, 2019.
SEC. 7.Section 292 of the Welfare and Institutions Code is amended to read:292.The social worker or probation officer shall give notice of the review hearing held pursuant to Section 364 in the following manner:
(a)Notice of the hearing shall be given to the following persons:
(1)The mother.
(2)The presumed father or any father receiving services.
(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 siblings caregiver, and the siblings attorney. If the sibling is under 10 years of age, the siblings caregiver and the siblings 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)Each attorney of record, if that attorney was not present at the time that the hearing was set by the court.
(b)No notice is required for a parent whose parental rights have been terminated.
(c)The notice of the hearing shall be served not earlier than 30 days, nor later than 15 days, before the hearing.
(d)The notice shall contain a statement regarding the nature of the hearing to be held and any change in the custody or status of the child being recommended by the supervising agency. The notice shall also include a statement that the child and the parent or parents or legal guardian or guardians have a right to be present at the hearing, to be represented by counsel at the hearing and the procedure for obtaining appointed counsel, and to present evidence regarding the proper disposition of the case. The notice shall also state that if the parent or parents or legal guardian or guardians fail to appear, the court may proceed without them.
(e)Service of the notice shall be by personal service, by first-class mail, or by certified mail, return receipt requested, addressed to the last known address of the person to be noticed. Except as provided in subdivisions (f), (g), and (h), notice may be served by electronic 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.
(f)If the social worker or the probation officer knows or has reason to know that an Indian child is involved, notice shall be given in accordance with Section 224.2.
(g)Except as provided in subdivision (h), 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.
(h)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.
(i)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.
SEC. 8.Section 292 is added to the Welfare and Institutions Code, to read:292.The social worker or probation officer shall give notice of the review hearing held pursuant to Section 364 in the following manner:
(a)Notice of the hearing shall be given to the following persons:
(1)The mother.
(2)The presumed father or any father receiving services.
(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 siblings caregiver, and the siblings attorney. If the sibling is under 10 years of age, the siblings caregiver and the siblings 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)Each attorney of record, if that attorney was not present at the time that the hearing was set by the court.
(b)No notice is required for a parent whose parental rights have been terminated.
(c)The notice of the hearing shall be served not earlier than 30 days, nor later than 15 days, before the hearing.
(d)The notice shall contain a statement regarding the nature of the hearing to be held and any change in the custody or status of the child being recommended by the supervising agency. The notice shall also include a statement that the child and the parent or parents or legal guardian or guardians have a right to be present at the hearing, to be represented by counsel at the hearing and the procedure for obtaining appointed counsel, and to present evidence regarding the proper disposition of the case. The notice shall also state that if the parent or parents or legal guardian or guardians fail to appear, the court may proceed without them.
(e)Service of the notice shall be by personal service, by first-class mail, or by certified mail, return receipt requested, addressed to the last known address of the person to be noticed.
(f)If the social worker or the probation officer knows or has reason to know that an Indian child is involved, notice shall be given in accordance with Section 224.2.
(g)This section shall become operative on January 1, 2019.
SEC. 9.Section 293 of the Welfare and Institutions Code is amended to read:293.The social worker or probation officer shall give notice of the review hearings held pursuant to Section 366.21, 366.22, or 366.25 in the following manner:
(a)Notice of the hearing shall be given to the following persons:
(1)The mother.
(2)The presumed father or any father receiving services.
(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 siblings caregiver, and the siblings attorney. If the sibling is under 10 years of age, the siblings caregiver and the siblings 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)In the case of a child removed from the physical custody of his or her parent or legal guardian, 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 custody of the child. In a case in which a foster family agency is notified of the hearing pursuant to this section, and the child resides in a foster home certified by the foster family agency, the foster family agency shall provide timely notice of the hearing to the childs caregivers.
(7)Each attorney of record if that attorney was not present at the time that the hearing was set by the court.
(b)No notice is required for a parent whose parental rights have been terminated. On and after January 1, 2012, in the case of a nonminor dependent, as described in subdivision (v) of Section 11400, no notice is required for a parent.
(c)The notice of hearing shall be served not earlier than 30 days, nor later than 15 days, before the hearing.
(d)The notice shall contain a statement regarding the nature of the hearing to be held and any change in the custody or status of the child being recommended by the supervising agency. If the notice is to the child, parent or parents, or legal guardian or guardians, the notice shall also advise them of the right to be present, the right to be represented by counsel, the right to request counsel, and the right to present evidence. The notice shall also state that if the parent or parents or legal guardian or guardians fail to appear, the court may proceed without them.
(e)Service of the notice shall be by first-class mail addressed to the last known address of the person to be noticed or by personal service on the person. Service of a copy of the notice shall be by personal service or by certified mail, return receipt requested, or any other form of notice that is equivalent to service by first-class mail. 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.
(f)Notice to the current caregiver of the child, including a foster parent, a relative caregiver, a preadoptive parent, or a nonrelative extended family member, or to a certified foster parent who has been approved for adoption, or the State Department of Social Services when it is acting as an adoption agency or by a county adoption agency, shall indicate that the person notified may attend all hearings or may submit any information he or she deems relevant to the court in writing.
(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.
SEC. 10.Section 293 is added to the Welfare and Institutions Code, to read:293.The social worker or probation officer shall give notice of the review hearings held pursuant to Section 366.21, 366.22, or 366.25 in the following manner:
(a)Notice of the hearing shall be given to the following persons:
(1)The mother.
(2)The presumed father or any father receiving services.
(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 siblings caregiver, and the siblings attorney. If the sibling is under 10 years of age, the siblings caregiver and the siblings 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)In the case of a child removed from the physical custody of his or her parent or legal guardian, 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 custody of the child. In a case in which a foster family agency is notified of the hearing pursuant to this section, and the child resides in a foster home certified by the foster family agency, the foster family agency shall provide timely notice of the hearing to the childs caregivers.
(7)Each attorney of record if that attorney was not present at the time that the hearing was set by the court.
(b)No notice is required for a parent whose parental rights have been terminated. On and after January 1, 2012, in the case of a nonminor dependent, as described in subdivision (v) of Section 11400, no notice is required for a parent.
(c)The notice of hearing shall be served not earlier than 30 days, nor later than 15 days, before the hearing.
(d)The notice shall contain a statement regarding the nature of the hearing to be held and any change in the custody or status of the child being recommended by the supervising agency. If the notice is to the child, parent or parents, or legal guardian or guardians, the notice shall also advise them of the right to be present, the right to be represented by counsel, the right to request counsel, and the right to present evidence. The notice shall also state that if the parent or parents or legal guardian or guardians fail to appear, the court may proceed without them.
(e)Service of the notice shall be by first-class mail addressed to the last known address of the person to be noticed or by personal service on the person. Service of a copy of the notice shall be by personal service or by certified mail, return receipt requested, or any other form of notice that is equivalent to service by first-class mail.
(f)Notice to the current caregiver of the child, including a foster parent, a relative caregiver, a preadoptive parent, or a nonrelative extended family member, or to a certified foster parent who has been approved for adoption, or the State Department of Social Services when it is acting as an adoption agency or by a county adoption agency, shall indicate that the person notified may attend all hearings or may submit any information he or she deems relevant to the court in writing.
(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)This section shall become operative on January 1, 2019.
SEC. 11.Section 294 of the Welfare and Institutions Code is amended to read:294.The social worker or probation officer shall give notice of a selection and implementation hearing held pursuant to Section 366.26 in the following manner:
(a)Notice of the hearing shall be given to the following persons:
(1)The mother.
(2)The fathers, presumed and alleged.
(3)The child, if the child is 10 years of age or older.
(4)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 siblings caregiver, and the siblings attorney. If the sibling is under 10 years of age, the siblings caregiver and the siblings attorney. However, notice is not required to be given to any sibling whose matter is calendared in the same court on the same day.
(5)The grandparents of the child, if their address is known and if the parents whereabouts are unknown.
(6)All counsel of record.
(7)To any unknown parent by publication, if ordered by the court pursuant to paragraph (2) of subdivision (g).
(8)The current caregiver of the child, including foster parents, relative caregivers, preadoptive parents, and nonrelative extended family members. Any person notified may attend all hearings and may submit any information he or she deems relevant to the court in writing.
(b)The following persons shall not be notified of the hearing:
(1)A parent who has relinquished the child to the State Department of Social Services, county adoption agency, or licensed adoption agency for adoption, and the relinquishment has been accepted and filed with notice as required under Section 8700 of the Family Code.
(2)An alleged father who has denied paternity and has executed a waiver of the right to notice of further proceedings.
(3)A parent whose parental rights have been terminated.
(c)(1)Service of the notice shall be completed at least 45 days before the hearing date. Service is deemed complete at the time the notice is personally delivered to the person named in the notice or 10 days after the notice has been placed in the mail or sent by electronic mail, or at the expiration of the time prescribed by the order for publication.
(2)Service of notice in cases where publication is ordered shall be completed at least 30 days before the date of the hearing.
(d)Regardless of the type of notice required, or the manner in which it is served, once the court has made the initial finding that notice has properly been given to the parent, or to any person entitled to receive notice pursuant to this section, subsequent notice for any continuation of a Section 366.26 hearing may be by first-class mail to any last known address, by an order made pursuant to Section 296, except as provided in paragraphs (2) and (3) of subdivision (h) and subdivision (i), by electronic 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, or by any other means that the court determines is reasonably calculated, under any circumstance, to provide notice of the continued hearing. However, if the recommendation changes from the recommendation contained in the notice previously found to be proper, notice shall be provided to the parent, and to any person entitled to receive notice pursuant to this section, regarding that subsequent hearing.
(e)The notice shall contain the following information:
(1)The date, time, and place of the hearing.
(2)The right to appear.
(3)The parents right to counsel.
(4)The nature of the proceedings.
(5)The recommendation of the supervising agency.
(6)A statement that, at the time of hearing, the court is required to select a permanent plan of adoption, legal guardianship, or long-term foster care for the child.
(f)Notice to the parents may be given in any one of the following manners:
(1)If the parent is present at the hearing at which the court schedules a hearing pursuant to Section 366.26, the court shall advise the parent of the date, time, and place of the proceedings, their right to counsel, the nature of the proceedings, and the requirement that at the proceedings the court shall select and implement a plan of adoption, legal guardianship, or long-term foster care for the child. The court shall direct the parent to appear for the proceedings and then direct that the parent be notified thereafter by first-class mail to the parents usual place of residence or business only. In lieu of notice by first-class mail, notice may be served by electronic 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.
(2)Certified mail, return receipt requested, to the parents last known mailing address. This notice shall be sufficient if the child welfare agency receives a return receipt signed by the parent.
(3)Personal service to the parent named in the notice.
(4)Delivery to a competent person who is at least 18 years of age at the parents usual place of residence or business, and thereafter mailed to the parent named in the notice by first-class mail at the place where the notice was delivered.
(5)If the residence of the parent is outside the state, service may be made as described in paragraph (1), (3), or (4) or by certified mail, return receipt requested.
(6)If the recommendation of the probation officer or social worker is legal guardianship or long-term foster care, or, in the case of an Indian child, tribal customary adoption, service may be made by first-class mail to the parents usual place of residence or business. In lieu of notice by first-class mail, notice may be served by electronic 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.
(7)If a parents identity is known but his or her whereabouts are unknown and the parent cannot, with reasonable diligence, be served in any manner specified in paragraphs (1) to (6), inclusive, the petitioner shall file an affidavit with the court at least 75 days before the hearing date, stating the name of the parent and describing the efforts made to locate and serve the parent.
(A)If the court determines that there has been due diligence in attempting to locate and serve the parent and the probation officer or social worker recommends adoption, service shall be to that parents attorney of record, if any, by certified mail, return receipt requested. If the parent does not have an attorney of record, the court shall order that service be made by publication of citation requiring the parent to appear at the date, time, and place stated in the citation, and that the citation be published in a newspaper designated as most likely to give notice to the parent. Publication shall be made once a week for four consecutive weeks. Whether notice is to the attorney of record or by publication, the court shall also order that notice be given to the grandparents of the child, if their identities and addresses are known, by first-class mail.
(B)If the court determines that there has been due diligence in attempting to locate and serve the parent and the probation officer or social worker recommends legal guardianship or long-term foster care, no further notice is required to the parent, but the court shall order that notice be given to the grandparents of the child, if their identities and addresses are known, by first-class mail.
(C)In any case where the residence of the parent becomes known, notice shall immediately be served upon the parent as provided for in either paragraph (2), (3), (4), (5), or (6).
(g)(1)If the identity of one or both of the parents, or alleged parents, of the child is unknown, or if the name of one or both parents is uncertain, then that fact shall be set forth in the affidavit filed with the court at least 75 days before the hearing date and the court, consistent with the provisions of Sections 7665 and 7666 of the Family Code, shall issue an order dispensing with notice to a natural parent or possible natural parent under this section if, after inquiry and a determination that there has been due diligence in attempting to identify the unknown parent, the court is unable to identify the natural parent or possible natural parent and no person has appeared claiming to be the natural parent.
(2)After a determination that there has been due diligence in attempting to identify an unknown parent pursuant to paragraph (1) and the probation officer or social worker recommends adoption, the court shall consider whether publication notice would be likely to lead to actual notice to the unknown parent. The court may order publication notice if, on the basis of all information before the court, the court determines that notice by publication is likely to lead to actual notice to the parent. If publication notice to an unknown parent is ordered, the court shall order the published citation to be directed to either the father or mother, or both, of the child, and to all persons claiming to be the father or mother of the child, naming and otherwise describing the child. An order of publication pursuant to this paragraph shall be based on an affidavit describing efforts made to identify the unknown parent or parents. Service made by publication pursuant to this paragraph shall require the unknown parent or parents to appear at the date, time, and place stated in the citation. Publication shall be made once a week for four consecutive weeks.
(3)If the court determines that there has been due diligence in attempting to identify one or both of the parents, or alleged parents, of the child and the probation officer or social worker recommends legal guardianship or long-term foster care, no further notice to the parent shall be required.
(h)(1)Notice to all counsel of record shall be by first-class mail, or by electronic 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.
(2)Except as provided in paragraph (3), if notice is required to be provided to a child, written notice may be served on the child by electronic mail only if all of the following requirements are satisfied:
(A)The county, or city and county, and the court choose to permit service by electronic mail.
(B)The child is 16 years of age or older.
(C)The child has consented to service by electronic mail by signing Judicial Council Form EFS-005.
(D)The attorney for the child has consented to service of the minor by electronic mail by signing Judicial Council Form EFS-005.
(3)If notice is required to be provided to a child, 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:
(A)The county, or city and county, and the court choose to permit service by electronic mail.
(B)The child is 14 or 15 years of age.
(C)The child has consented to service by electronic mail by signing Judicial Council Form EFS-005.
(D)The attorney for the child has consented to service of the minor by electronic mail by signing Judicial Council Form EFS-005.
(i)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.
(j)Notwithstanding subdivision (a), if the attorney of record is present at the time the court schedules a hearing pursuant to Section 366.26, no further notice is required, except as required by subparagraph (A) of paragraph (7) of subdivision (f).
(k)This section shall also apply to children adjudged wards pursuant to Section 727.31.
(l)The court shall state the reasons on the record explaining why good cause exists for granting any continuance of a hearing held pursuant to Section 366.26 to fulfill the requirements of this section.
(m)Notwithstanding any choice by a county, or city and county, and the court to permit service of written notice of court proceedings by electronic mail, or consent by any person to service of written notice by electronic mail by signing Judicial Council Form EFS-005, notice of any hearing at which the county welfare department is recommending the termination of parental rights may only be served by electronic mail if supplemental and in addition to the other forms of notice provided for in this section.
(n)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.
SEC. 12.Section 294 is added to the Welfare and Institutions Code, to read:294.The social worker or probation officer shall give notice of a selection and implementation hearing held pursuant to Section 366.26 in the following manner:
(a)Notice of the hearing shall be given to the following persons:
(1)The mother.
(2)The fathers, presumed and alleged.
(3)The child, if the child is 10 years of age or older.
(4)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 siblings caregiver, and the siblings attorney. If the sibling is under 10 years of age, the siblings caregiver and the siblings attorney. However, notice is not required to be given to any sibling whose matter is calendared in the same court on the same day.
(5)The grandparents of the child, if their address is known and if the parents whereabouts are unknown.
(6)All counsel of record.
(7)To any unknown parent by publication, if ordered by the court pursuant to paragraph (2) of subdivision (g).
(8)The current caregiver of the child, including foster parents, relative caregivers, preadoptive parents, and nonrelative extended family members. Any person notified may attend all hearings and may submit any information he or she deems relevant to the court in writing.
(b)The following persons shall not be notified of the hearing:
(1)A parent who has relinquished the child to the State Department of Social Services, county adoption agency, or licensed adoption agency for adoption, and the relinquishment has been accepted and filed with notice as required under Section 8700 of the Family Code.
(2)An alleged father who has denied paternity and has executed a waiver of the right to notice of further proceedings.
(3)A parent whose parental rights have been terminated.
(c)(1)Service of the notice shall be completed at least 45 days before the hearing date. Service is deemed complete at the time the notice is personally delivered to the person named in the notice or 10 days after the notice has been placed in the mail, or at the expiration of the time prescribed by the order for publication.
(2)Service of notice in cases where publication is ordered shall be completed at least 30 days before the date of the hearing.
(d)Regardless of the type of notice required, or the manner in which it is served, once the court has made the initial finding that notice has properly been given to the parent, or to any person entitled to receive notice pursuant to this section, subsequent notice for any continuation of a Section 366.26 hearing may be by first-class mail to any last known address, by an order made pursuant to Section 296, or by any other means that the court determines is reasonably calculated, under any circumstance, to provide notice of the continued hearing. However, if the recommendation changes from the recommendation contained in the notice previously found to be proper, notice shall be provided to the parent, and to any person entitled to receive notice pursuant to this section, regarding that subsequent hearing.
(e)The notice shall contain the following information:
(1)The date, time, and place of the hearing.
(2)The right to appear.
(3)The parents right to counsel.
(4)The nature of the proceedings.
(5)The recommendation of the supervising agency.
(6)A statement that, at the time of hearing, the court is required to select a permanent plan of adoption, legal guardianship, or long-term foster care for the child.
(f)Notice to the parents may be given in any one of the following manners:
(1)If the parent is present at the hearing at which the court schedules a hearing pursuant to Section 366.26, the court shall advise the parent of the date, time, and place of the proceedings, their right to counsel, the nature of the proceedings, and the requirement that at the proceedings the court shall select and implement a plan of adoption, legal guardianship, or long-term foster care for the child. The court shall direct the parent to appear for the proceedings and then direct that the parent be notified thereafter by first-class mail to the parents usual place of residence or business only.
(2)Certified mail, return receipt requested, to the parents last known mailing address. This notice shall be sufficient if the child welfare agency receives a return receipt signed by the parent.
(3)Personal service to the parent named in the notice.
(4)Delivery to a competent person who is at least 18 years of age at the parents usual place of residence or business, and thereafter mailed to the parent named in the notice by first-class mail at the place where the notice was delivered.
(5)If the residence of the parent is outside the state, service may be made as described in paragraph (1), (3), or (4) or by certified mail, return receipt requested.
(6)If the recommendation of the probation officer or social worker is legal guardianship or long-term foster care, or, in the case of an Indian child, tribal customary adoption, service may be made by first-class mail to the parents usual place of residence or business.
(7)If a parents identity is known but his or her whereabouts are unknown and the parent cannot, with reasonable diligence, be served in any manner specified in paragraphs (1) to (6), inclusive, the petitioner shall file an affidavit with the court at least 75 days before the hearing date, stating the name of the parent and describing the efforts made to locate and serve the parent.
(A)If the court determines that there has been due diligence in attempting to locate and serve the parent and the probation officer or social worker recommends adoption, service shall be to that parents attorney of record, if any, by certified mail, return receipt requested. If the parent does not have an attorney of record, the court shall order that service be made by publication of citation requiring the parent to appear at the date, time, and place stated in the citation, and that the citation be published in a newspaper designated as most likely to give notice to the parent. Publication shall be made once a week for four consecutive weeks. Whether notice is to the attorney of record or by publication, the court shall also order that notice be given to the grandparents of the child, if their identities and addresses are known, by first-class mail.
(B)If the court determines that there has been due diligence in attempting to locate and serve the parent and the probation officer or social worker recommends legal guardianship or long-term foster care, no further notice is required to the parent, but the court shall order that notice be given to the grandparents of the child, if their identities and addresses are known, by first-class mail.
(C)In any case where the residence of the parent becomes known, notice shall immediately be served upon the parent as provided for in either paragraph (2), (3), (4), (5), or (6).
(g)(1)If the identity of one or both of the parents, or alleged parents, of the child is unknown, or if the name of one or both parents is uncertain, then that fact shall be set forth in the affidavit filed with the court at least 75 days before the hearing date and the court, consistent with the provisions of Sections 7665 and 7666 of the Family Code, shall issue an order dispensing with notice to a natural parent or possible natural parent under this section if, after inquiry and a determination that there has been due diligence in attempting to identify the unknown parent, the court is unable to identify the natural parent or possible natural parent and no person has appeared claiming to be the natural parent.
(2)After a determination that there has been due diligence in attempting to identify an unknown parent pursuant to paragraph (1) and the probation officer or social worker recommends adoption, the court shall consider whether publication notice would be likely to lead to actual notice to the unknown parent. The court may order publication notice if, on the basis of all information before the court, the court determines that notice by publication is likely to lead to actual notice to the parent. If publication notice to an unknown parent is ordered, the court shall order the published citation to be directed to either the father or mother, or both, of the child, and to all persons claiming to be the father or mother of the child, naming and otherwise describing the child. An order of publication pursuant to this paragraph shall be based on an affidavit describing efforts made to identify the unknown parent or parents. Service made by publication pursuant to this paragraph shall require the unknown parent or parents to appear at the date, time, and place stated in the citation. Publication shall be made once a week for four consecutive weeks.
(3)If the court determines that there has been due diligence in attempting to identify one or both of the parents, or alleged parents, of the child and the probation officer or social worker recommends legal guardianship or long-term foster care, no further notice to the parent shall be required.
(h)Notice to the child and all counsel of record shall be by first-class mail.
(i)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.
(j)Notwithstanding subdivision (a), if the attorney of record is present at the time the court schedules a hearing pursuant to Section 366.26, no further notice is required, except as required by subparagraph (A) of paragraph (7) of subdivision (f).
(k)This section shall also apply to children adjudged wards pursuant to Section 727.31.
(l)The court shall state the reasons on the record explaining why good cause exists for granting any continuance of a hearing held pursuant to Section 366.26 to fulfill the requirements of this section.
(m)This section shall become operative on January 1, 2019.
SEC. 13.Section 295 of the Welfare and Institutions Code is amended to read: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 siblings caregiver, and the siblings attorney. If the sibling is under 10 years of age, the siblings caregiver and the siblings 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.
SEC. 14.Section 295 is added to the Welfare and Institutions Code, to read: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 siblings caregiver, and the siblings attorney. If the sibling is under 10 years of age, the siblings caregiver and the siblings 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. 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)This section shall become operative on January 1, 2019.
SEC. 15.Section 316.1 of the Welfare and Institutions Code is amended to read:316.1.(a)(1)Upon his or her appearance before the court, each parent or guardian shall designate for the court his or her permanent mailing address. The court shall advise each parent or guardian that the designated mailing address will be used by the court and the social services agency for notice purposes unless and until the parent or guardian notifies the court or the social services agency of a new mailing address in writing.
(2)Except as provided in subdivisions (b) and (c), in addition to providing his or her permanent mailing address, the court may, if the county, or city and county, and the court choose to permit service by electronic mail, permit any party who is entitled to notice of court proceedings, upon his or her consent to service by electronic mail by signing Judicial Council Form EFS-005, to voluntarily provide the court with a designated electronic mail address for the purpose of receiving notice by electronic mail. Upon his or her appearance before the court, each party who consents to service by electronic mail shall designate for the court his or her electronic mail address. The court shall advise each party that the electronic mail address will be used by the court and the social services agency for purposes of providing notice pursuant to Sections 290.1, 290.2, 291, 292, 293, 294, and 295, unless and until the party notifies the court or the social services agency of a new electronic mail address in writing.
(b)Except as provided in subdivision (c), the court may permit a child who appears before the court and who is entitled to notice of court proceedings to voluntarily provide the court with a designated electronic mail address for the purpose of receiving notice by electronic mail only under the following circumstances:
(1)If the child is 16 years of age or older, notice shall be served by first-class mail, or if all of the following requirements are satisfied, by electronic mail:
(A)The county, or city and county, and the court choose to permit service by electronic mail.
(B)The child has consented to service by electronic mail by signing Judicial Council Form EFS-005.
(C)The attorney for the child has consented to service of the minor by electronic mail by signing Judicial Council Form EFS-005.
(2)If the child is 14 or 15 years of age, 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:
(A)The county, or city and county, and the court choose to permit service by electronic mail.
(B)The child has consented to service by electronic mail by signing Judicial Council Form EFS-005.
(C)The attorney for the child has consented to service of the minor by electronic mail by signing Judicial Council Form EFS-005.
(c)Notice of court proceedings by electronic mail is not permitted in any of the following circumstances:
(1)For notice of any hearing at which the county welfare department is recommending termination of parental rights, in which case notice may only be served by electronic mail if supplemental and in addition to first-class mail.
(2)If the social worker or probation officer knows or has reason to know that an Indian child is involved, in which case notice shall be given in accordance with Section 224.2.
(3)If the person entitled to notice is a child under 14 years of age.
(d)The Judicial Council may develop a form for the designation of a permanent mailing address by parents and guardians for use by the courts and social services agencies.
(e)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.
SEC. 16.Section 316.1 is added to the Welfare and Institutions Code, to read:316.1.(a)Upon his or her appearance before the court, each parent or guardian shall designate for the court his or her permanent mailing address. The court shall advise each parent or guardian that the designated mailing address will be used by the court and the social services agency for notice purposes unless and until the parent or guardian notifies the court or the social services agency of a new mailing address in writing.
(b)The Judicial Council may develop a form for the designation of a permanent mailing address by parents and guardians for use by the courts and social services agencies.
(c)This section shall become operative on January 1, 2019.
If the probation officer or social worker determines that the child shall be retained in custody, he or she shall immediately file a petition pursuant to Section 332 with the clerk of the juvenile court, who shall set the matter for hearing on the detention hearing calendar. The probation officer or social worker shall serve notice as prescribed in this section.
(a)Notice shall be given to the following persons whose whereabouts are known or become 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 siblings caregiver, and the siblings attorney. If the sibling is under 10 years of age, the siblings caregiver and the siblings 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, then to any adult relative residing within the county, or or, if none, the adult relative residing nearest the court.
(7)The attorney for the parent or parents, or legal guardian or guardians.
(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)The notice shall be given as soon as possible after the filing of the petition.
(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)Service of the notice shall be written or oral. If the person being served cannot read, notice shall be given orally. Except as provided in subdivisions (f), (g), and (h), written notice may be served by electronic 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.
(f)If the probation officer or social worker knows or has reason to know that an Indian child is involved, notice shall be given in accordance with Section 224.2.
(g)Except as provided in subdivision (h), 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.
(h)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.
(i)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.
SEC. 2.Section 290.1 is added to the Welfare and Institutions Code, to read:290.1.If the probation officer or social worker determines that the child shall be retained in custody, he or she shall immediately file a petition pursuant to Section 332 with the clerk of the juvenile court, who shall set the matter for hearing on the detention hearing calendar. The probation officer or social worker shall serve notice as prescribed in this section.
(a)Notice shall be given to the following persons whose whereabouts are known or become 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 siblings caregiver, and the siblings attorney. If the sibling is under 10 years of age, the siblings caregiver and the siblings 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, then to any adult relative residing within the county, or or, if none, the adult relative residing nearest the court.
(7)The attorney for the parent or parents, or legal guardian or guardians.
(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)The notice shall be given as soon as possible after the filing of the petition.
(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)Service of the notice shall be written or oral. If the person being served cannot read, notice shall be given orally.
(f)If the probation officer or social worker knows or has reason to know that an Indian child is involved, notice shall be given in accordance with Section 224.2.
(g)This section shall become operative on January 1, 2019.
SEC. 3.Section 290.2 of the Welfare and Institutions Code is amended to read: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 siblings caregiver, and the siblings attorney. If the sibling is under 10 years of age, the siblings caregiver and the siblings 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 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.
(3)Except as provided in subdivisions (e), (f), and (g), 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.
(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)Except as provided in subdivision (g), 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.
(g)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.
(h)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.
SEC. 4.Section 290.2 is added to the Welfare and Institutions Code, to read: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 siblings caregiver, and the siblings attorney. If the sibling is under 10 years of age, the siblings caregiver and the siblings 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 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.
SEC. 5.Section 291 of the Welfare and Institutions Code is amended to read:291.After the initial petition hearing, the clerk of the court shall cause the notice to be served in the following manner:
(a)Notice of the hearing shall be given to the following persons:
(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 siblings caregiver, and the siblings attorney. If the sibling is under 10 years of age, the siblings caregiver and the siblings 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)Each attorney of record unless counsel of record is present in court when the hearing is scheduled, then no further notice need be given.
(7)If there is no parent or guardian residing in California, or if the residence is unknown, then to any adult relative residing within the county, or or, if none, the adult relative residing nearest the court.
(8)If the hearing is a dispositional hearing that is also serving as a permanency hearing pursuant to subdivision (f) of Section 361.5, notice shall be given to the current caregiver for the child, including foster parents, relative caregivers, preadoptive parents, and nonrelative extended family members. Any person notified may attend all hearings and may submit any information he or she deems relevant to the court in writing.
(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 detained, 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 less than five days and then at least 24 hours prior to the hearing.
(2)If the child is not detained, the notice shall be given to those persons required to be noticed at least 10 days prior to the date of the hearing.
(d)The notice shall include all of the following:
(1)The name and address of the person notified.
(2)The nature of the hearing.
(3)Each section and subdivision under which the proceeding has been initiated.
(4)The date, time, and place of the hearing.
(5)The name of the child upon whose behalf the petition has been brought.
(6)A statement that:
(A)If they fail to appear, the court may proceed without them.
(B)The child, parent, guardian, Indian custodian, or adult relative to whom notice is required to be given pursuant to paragraph (1), (2), (3), (4), or (7) of subdivision (a) is entitled to have an attorney present at the hearing.
(C)If the parent, guardian, Indian custodian, or adult relative noticed pursuant to paragraph (1), (2), (3), or (7) of subdivision (a) is indigent and cannot afford an attorney, and desires to be represented by an attorney, the parent, guardian, Indian custodian, or adult relative shall promptly notify the clerk of the juvenile court.
(D)If an attorney is appointed to represent the parent, guardian, Indian custodian, or adult relative, the represented person shall be liable for all or a portion of the costs to the extent of his or her ability to pay.
(E)The parent, guardian, Indian custodian, or adult relative may be liable for the costs of support of the child in any out-of-home placement.
(7)A copy of the petition.
(e)Service of the notice of the hearing shall be given in the following manner:
(1)If the child is detained and the persons required to be noticed are not present at the initial petition hearing, they shall be noticed by personal service or by certified mail, return receipt requested.
(2)If the child is detained and the persons required to be noticed are present at the initial petition hearing, they shall be noticed by personal service or by first-class mail.
(3)If the child is not detained, the persons required to be noticed shall be noticed by personal service or by first-class mail, unless the person to be served is known to reside outside the county, in which case service shall be by first-class mail.
(4)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.
(f)Any of the notices required to be given under this section or Sections 290.1 and 290.2 may be waived by a party in person or through his or her attorney, or by a signed written waiver filed on or before the date scheduled for the hearing.
(g)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.
(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.
SEC. 6.Section 291 is added to the Welfare and Institutions Code, to read:291.After the initial petition hearing, the clerk of the court shall cause the notice to be served in the following manner:
(a)Notice of the hearing shall be given to the following persons:
(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 siblings caregiver, and the siblings attorney. If the sibling is under 10 years of age, the siblings caregiver and the siblings 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)Each attorney of record unless counsel of record is present in court when the hearing is scheduled, then no further notice need be given.
(7)If there is no parent or guardian residing in California, or if the residence is unknown, then to any adult relative residing within the county, or or, if none, the adult relative residing nearest the court.
(8)If the hearing is a dispositional hearing that is also serving as a permanency hearing pursuant to subdivision (f) of Section 361.5, notice shall be given to the current caregiver for the child, including foster parents, relative caregivers, preadoptive parents, and nonrelative extended family members. Any person notified may attend all hearings and may submit any information he or she deems relevant to the court in writing.
(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 detained, 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 less than five days and then at least 24 hours prior to the hearing.
(2)If the child is not detained, the notice shall be given to those persons required to be noticed at least 10 days prior to the date of the hearing.
(d)The notice shall include all of the following:
(1)The name and address of the person notified.
(2)The nature of the hearing.
(3)Each section and subdivision under which the proceeding has been initiated.
(4)The date, time, and place of the hearing.
(5)The name of the child upon whose behalf the petition has been brought.
(6)A statement that:
(A)If they fail to appear, the court may proceed without them.
(B)The child, parent, guardian, Indian custodian, or adult relative to whom notice is required to be given pursuant to paragraph (1), (2), (3), (4), or (7) of subdivision (a) is entitled to have an attorney present at the hearing.
(C)If the parent, guardian, Indian custodian, or adult relative noticed pursuant to paragraph (1), (2), (3), or (7) of subdivision (a) is indigent and cannot afford an attorney, and desires to be represented by an attorney, the parent, guardian, Indian custodian, or adult relative shall promptly notify the clerk of the juvenile court.
(D)If an attorney is appointed to represent the parent, guardian, Indian custodian, or adult relative, the represented person shall be liable for all or a portion of the costs to the extent of his or her ability to pay.
(E)The parent, guardian, Indian custodian, or adult relative may be liable for the costs of support of the child in any out-of-home placement.
(7)A copy of the petition.
(e)Service of the notice of the hearing shall be given in the following manner:
(1)If the child is detained and the persons required to be noticed are not present at the initial petition hearing, they shall be noticed by personal service or by certified mail, return receipt requested.
(2)If the child is detained and the persons required to be noticed are present at the initial petition hearing, they shall be noticed by personal service or by first-class mail.
(3)If the child is not detained, the persons required to be noticed shall be noticed by personal service or by first-class mail, unless the person to be served is known to reside outside the county, in which case service shall be by first-class mail.
(f)Any of the notices required to be given under this section or Sections 290.1 and 290.2 may be waived by a party in person or through his or her attorney, or by a signed written waiver filed on or before the date scheduled for the hearing.
(g)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.
(h)This section shall become operative on January 1, 2019.
SEC. 7.Section 292 of the Welfare and Institutions Code is amended to read:292.The social worker or probation officer shall give notice of the review hearing held pursuant to Section 364 in the following manner:
(a)Notice of the hearing shall be given to the following persons:
(1)The mother.
(2)The presumed father or any father receiving services.
(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 siblings caregiver, and the siblings attorney. If the sibling is under 10 years of age, the siblings caregiver and the siblings 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)Each attorney of record, if that attorney was not present at the time that the hearing was set by the court.
(b)No notice is required for a parent whose parental rights have been terminated.
(c)The notice of the hearing shall be served not earlier than 30 days, nor later than 15 days, before the hearing.
(d)The notice shall contain a statement regarding the nature of the hearing to be held and any change in the custody or status of the child being recommended by the supervising agency. The notice shall also include a statement that the child and the parent or parents or legal guardian or guardians have a right to be present at the hearing, to be represented by counsel at the hearing and the procedure for obtaining appointed counsel, and to present evidence regarding the proper disposition of the case. The notice shall also state that if the parent or parents or legal guardian or guardians fail to appear, the court may proceed without them.
(e)Service of the notice shall be by personal service, by first-class mail, or by certified mail, return receipt requested, addressed to the last known address of the person to be noticed. Except as provided in subdivisions (f), (g), and (h), notice may be served by electronic 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.
(f)If the social worker or the probation officer knows or has reason to know that an Indian child is involved, notice shall be given in accordance with Section 224.2.
(g)Except as provided in subdivision (h), 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.
(h)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.
(i)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.
SEC. 8.Section 292 is added to the Welfare and Institutions Code, to read:292.The social worker or probation officer shall give notice of the review hearing held pursuant to Section 364 in the following manner:
(a)Notice of the hearing shall be given to the following persons:
(1)The mother.
(2)The presumed father or any father receiving services.
(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 siblings caregiver, and the siblings attorney. If the sibling is under 10 years of age, the siblings caregiver and the siblings 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)Each attorney of record, if that attorney was not present at the time that the hearing was set by the court.
(b)No notice is required for a parent whose parental rights have been terminated.
(c)The notice of the hearing shall be served not earlier than 30 days, nor later than 15 days, before the hearing.
(d)The notice shall contain a statement regarding the nature of the hearing to be held and any change in the custody or status of the child being recommended by the supervising agency. The notice shall also include a statement that the child and the parent or parents or legal guardian or guardians have a right to be present at the hearing, to be represented by counsel at the hearing and the procedure for obtaining appointed counsel, and to present evidence regarding the proper disposition of the case. The notice shall also state that if the parent or parents or legal guardian or guardians fail to appear, the court may proceed without them.
(e)Service of the notice shall be by personal service, by first-class mail, or by certified mail, return receipt requested, addressed to the last known address of the person to be noticed.
(f)If the social worker or the probation officer knows or has reason to know that an Indian child is involved, notice shall be given in accordance with Section 224.2.
(g)This section shall become operative on January 1, 2019.
SEC. 9.Section 293 of the Welfare and Institutions Code is amended to read:293.The social worker or probation officer shall give notice of the review hearings held pursuant to Section 366.21, 366.22, or 366.25 in the following manner:
(a)Notice of the hearing shall be given to the following persons:
(1)The mother.
(2)The presumed father or any father receiving services.
(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 siblings caregiver, and the siblings attorney. If the sibling is under 10 years of age, the siblings caregiver and the siblings 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)In the case of a child removed from the physical custody of his or her parent or legal guardian, 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 custody of the child. In a case in which a foster family agency is notified of the hearing pursuant to this section, and the child resides in a foster home certified by the foster family agency, the foster family agency shall provide timely notice of the hearing to the childs caregivers.
(7)Each attorney of record if that attorney was not present at the time that the hearing was set by the court.
(b)No notice is required for a parent whose parental rights have been terminated. On and after January 1, 2012, in the case of a nonminor dependent, as described in subdivision (v) of Section 11400, no notice is required for a parent.
(c)The notice of hearing shall be served not earlier than 30 days, nor later than 15 days, before the hearing.
(d)The notice shall contain a statement regarding the nature of the hearing to be held and any change in the custody or status of the child being recommended by the supervising agency. If the notice is to the child, parent or parents, or legal guardian or guardians, the notice shall also advise them of the right to be present, the right to be represented by counsel, the right to request counsel, and the right to present evidence. The notice shall also state that if the parent or parents or legal guardian or guardians fail to appear, the court may proceed without them.
(e)Service of the notice shall be by first-class mail addressed to the last known address of the person to be noticed or by personal service on the person. Service of a copy of the notice shall be by personal service or by certified mail, return receipt requested, or any other form of notice that is equivalent to service by first-class mail. 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.
(f)Notice to the current caregiver of the child, including a foster parent, a relative caregiver, a preadoptive parent, or a nonrelative extended family member, or to a certified foster parent who has been approved for adoption, or the State Department of Social Services when it is acting as an adoption agency or by a county adoption agency, shall indicate that the person notified may attend all hearings or may submit any information he or she deems relevant to the court in writing.
(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.
SEC. 10.Section 293 is added to the Welfare and Institutions Code, to read:293.The social worker or probation officer shall give notice of the review hearings held pursuant to Section 366.21, 366.22, or 366.25 in the following manner:
(a)Notice of the hearing shall be given to the following persons:
(1)The mother.
(2)The presumed father or any father receiving services.
(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 siblings caregiver, and the siblings attorney. If the sibling is under 10 years of age, the siblings caregiver and the siblings 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)In the case of a child removed from the physical custody of his or her parent or legal guardian, 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 custody of the child. In a case in which a foster family agency is notified of the hearing pursuant to this section, and the child resides in a foster home certified by the foster family agency, the foster family agency shall provide timely notice of the hearing to the childs caregivers.
(7)Each attorney of record if that attorney was not present at the time that the hearing was set by the court.
(b)No notice is required for a parent whose parental rights have been terminated. On and after January 1, 2012, in the case of a nonminor dependent, as described in subdivision (v) of Section 11400, no notice is required for a parent.
(c)The notice of hearing shall be served not earlier than 30 days, nor later than 15 days, before the hearing.
(d)The notice shall contain a statement regarding the nature of the hearing to be held and any change in the custody or status of the child being recommended by the supervising agency. If the notice is to the child, parent or parents, or legal guardian or guardians, the notice shall also advise them of the right to be present, the right to be represented by counsel, the right to request counsel, and the right to present evidence. The notice shall also state that if the parent or parents or legal guardian or guardians fail to appear, the court may proceed without them.
(e)Service of the notice shall be by first-class mail addressed to the last known address of the person to be noticed or by personal service on the person. Service of a copy of the notice shall be by personal service or by certified mail, return receipt requested, or any other form of notice that is equivalent to service by first-class mail.
(f)Notice to the current caregiver of the child, including a foster parent, a relative caregiver, a preadoptive parent, or a nonrelative extended family member, or to a certified foster parent who has been approved for adoption, or the State Department of Social Services when it is acting as an adoption agency or by a county adoption agency, shall indicate that the person notified may attend all hearings or may submit any information he or she deems relevant to the court in writing.
(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)This section shall become operative on January 1, 2019.
SEC. 11.Section 294 of the Welfare and Institutions Code is amended to read:294.The social worker or probation officer shall give notice of a selection and implementation hearing held pursuant to Section 366.26 in the following manner:
(a)Notice of the hearing shall be given to the following persons:
(1)The mother.
(2)The fathers, presumed and alleged.
(3)The child, if the child is 10 years of age or older.
(4)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 siblings caregiver, and the siblings attorney. If the sibling is under 10 years of age, the siblings caregiver and the siblings attorney. However, notice is not required to be given to any sibling whose matter is calendared in the same court on the same day.
(5)The grandparents of the child, if their address is known and if the parents whereabouts are unknown.
(6)All counsel of record.
(7)To any unknown parent by publication, if ordered by the court pursuant to paragraph (2) of subdivision (g).
(8)The current caregiver of the child, including foster parents, relative caregivers, preadoptive parents, and nonrelative extended family members. Any person notified may attend all hearings and may submit any information he or she deems relevant to the court in writing.
(b)The following persons shall not be notified of the hearing:
(1)A parent who has relinquished the child to the State Department of Social Services, county adoption agency, or licensed adoption agency for adoption, and the relinquishment has been accepted and filed with notice as required under Section 8700 of the Family Code.
(2)An alleged father who has denied paternity and has executed a waiver of the right to notice of further proceedings.
(3)A parent whose parental rights have been terminated.
(c)(1)Service of the notice shall be completed at least 45 days before the hearing date. Service is deemed complete at the time the notice is personally delivered to the person named in the notice or 10 days after the notice has been placed in the mail or sent by electronic mail, or at the expiration of the time prescribed by the order for publication.
(2)Service of notice in cases where publication is ordered shall be completed at least 30 days before the date of the hearing.
(d)Regardless of the type of notice required, or the manner in which it is served, once the court has made the initial finding that notice has properly been given to the parent, or to any person entitled to receive notice pursuant to this section, subsequent notice for any continuation of a Section 366.26 hearing may be by first-class mail to any last known address, by an order made pursuant to Section 296, except as provided in paragraphs (2) and (3) of subdivision (h) and subdivision (i), by electronic 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, or by any other means that the court determines is reasonably calculated, under any circumstance, to provide notice of the continued hearing. However, if the recommendation changes from the recommendation contained in the notice previously found to be proper, notice shall be provided to the parent, and to any person entitled to receive notice pursuant to this section, regarding that subsequent hearing.
(e)The notice shall contain the following information:
(1)The date, time, and place of the hearing.
(2)The right to appear.
(3)The parents right to counsel.
(4)The nature of the proceedings.
(5)The recommendation of the supervising agency.
(6)A statement that, at the time of hearing, the court is required to select a permanent plan of adoption, legal guardianship, or long-term foster care for the child.
(f)Notice to the parents may be given in any one of the following manners:
(1)If the parent is present at the hearing at which the court schedules a hearing pursuant to Section 366.26, the court shall advise the parent of the date, time, and place of the proceedings, their right to counsel, the nature of the proceedings, and the requirement that at the proceedings the court shall select and implement a plan of adoption, legal guardianship, or long-term foster care for the child. The court shall direct the parent to appear for the proceedings and then direct that the parent be notified thereafter by first-class mail to the parents usual place of residence or business only. In lieu of notice by first-class mail, notice may be served by electronic 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.
(2)Certified mail, return receipt requested, to the parents last known mailing address. This notice shall be sufficient if the child welfare agency receives a return receipt signed by the parent.
(3)Personal service to the parent named in the notice.
(4)Delivery to a competent person who is at least 18 years of age at the parents usual place of residence or business, and thereafter mailed to the parent named in the notice by first-class mail at the place where the notice was delivered.
(5)If the residence of the parent is outside the state, service may be made as described in paragraph (1), (3), or (4) or by certified mail, return receipt requested.
(6)If the recommendation of the probation officer or social worker is legal guardianship or long-term foster care, or, in the case of an Indian child, tribal customary adoption, service may be made by first-class mail to the parents usual place of residence or business. In lieu of notice by first-class mail, notice may be served by electronic 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.
(7)If a parents identity is known but his or her whereabouts are unknown and the parent cannot, with reasonable diligence, be served in any manner specified in paragraphs (1) to (6), inclusive, the petitioner shall file an affidavit with the court at least 75 days before the hearing date, stating the name of the parent and describing the efforts made to locate and serve the parent.
(A)If the court determines that there has been due diligence in attempting to locate and serve the parent and the probation officer or social worker recommends adoption, service shall be to that parents attorney of record, if any, by certified mail, return receipt requested. If the parent does not have an attorney of record, the court shall order that service be made by publication of citation requiring the parent to appear at the date, time, and place stated in the citation, and that the citation be published in a newspaper designated as most likely to give notice to the parent. Publication shall be made once a week for four consecutive weeks. Whether notice is to the attorney of record or by publication, the court shall also order that notice be given to the grandparents of the child, if their identities and addresses are known, by first-class mail.
(B)If the court determines that there has been due diligence in attempting to locate and serve the parent and the probation officer or social worker recommends legal guardianship or long-term foster care, no further notice is required to the parent, but the court shall order that notice be given to the grandparents of the child, if their identities and addresses are known, by first-class mail.
(C)In any case where the residence of the parent becomes known, notice shall immediately be served upon the parent as provided for in either paragraph (2), (3), (4), (5), or (6).
(g)(1)If the identity of one or both of the parents, or alleged parents, of the child is unknown, or if the name of one or both parents is uncertain, then that fact shall be set forth in the affidavit filed with the court at least 75 days before the hearing date and the court, consistent with the provisions of Sections 7665 and 7666 of the Family Code, shall issue an order dispensing with notice to a natural parent or possible natural parent under this section if, after inquiry and a determination that there has been due diligence in attempting to identify the unknown parent, the court is unable to identify the natural parent or possible natural parent and no person has appeared claiming to be the natural parent.
(2)After a determination that there has been due diligence in attempting to identify an unknown parent pursuant to paragraph (1) and the probation officer or social worker recommends adoption, the court shall consider whether publication notice would be likely to lead to actual notice to the unknown parent. The court may order publication notice if, on the basis of all information before the court, the court determines that notice by publication is likely to lead to actual notice to the parent. If publication notice to an unknown parent is ordered, the court shall order the published citation to be directed to either the father or mother, or both, of the child, and to all persons claiming to be the father or mother of the child, naming and otherwise describing the child. An order of publication pursuant to this paragraph shall be based on an affidavit describing efforts made to identify the unknown parent or parents. Service made by publication pursuant to this paragraph shall require the unknown parent or parents to appear at the date, time, and place stated in the citation. Publication shall be made once a week for four consecutive weeks.
(3)If the court determines that there has been due diligence in attempting to identify one or both of the parents, or alleged parents, of the child and the probation officer or social worker recommends legal guardianship or long-term foster care, no further notice to the parent shall be required.
(h)(1)Notice to all counsel of record shall be by first-class mail, or by electronic 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.
(2)Except as provided in paragraph (3), if notice is required to be provided to a child, written notice may be served on the child by electronic mail only if all of the following requirements are satisfied:
(A)The county, or city and county, and the court choose to permit service by electronic mail.
(B)The child is 16 years of age or older.
(C)The child has consented to service by electronic mail by signing Judicial Council Form EFS-005.
(D)The attorney for the child has consented to service of the minor by electronic mail by signing Judicial Council Form EFS-005.
(3)If notice is required to be provided to a child, 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:
(A)The county, or city and county, and the court choose to permit service by electronic mail.
(B)The child is 14 or 15 years of age.
(C)The child has consented to service by electronic mail by signing Judicial Council Form EFS-005.
(D)The attorney for the child has consented to service of the minor by electronic mail by signing Judicial Council Form EFS-005.
(i)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.
(j)Notwithstanding subdivision (a), if the attorney of record is present at the time the court schedules a hearing pursuant to Section 366.26, no further notice is required, except as required by subparagraph (A) of paragraph (7) of subdivision (f).
(k)This section shall also apply to children adjudged wards pursuant to Section 727.31.
(l)The court shall state the reasons on the record explaining why good cause exists for granting any continuance of a hearing held pursuant to Section 366.26 to fulfill the requirements of this section.
(m)Notwithstanding any choice by a county, or city and county, and the court to permit service of written notice of court proceedings by electronic mail, or consent by any person to service of written notice by electronic mail by signing Judicial Council Form EFS-005, notice of any hearing at which the county welfare department is recommending the termination of parental rights may only be served by electronic mail if supplemental and in addition to the other forms of notice provided for in this section.
(n)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.
SEC. 12.Section 294 is added to the Welfare and Institutions Code, to read:294.The social worker or probation officer shall give notice of a selection and implementation hearing held pursuant to Section 366.26 in the following manner:
(a)Notice of the hearing shall be given to the following persons:
(1)The mother.
(2)The fathers, presumed and alleged.
(3)The child, if the child is 10 years of age or older.
(4)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 siblings caregiver, and the siblings attorney. If the sibling is under 10 years of age, the siblings caregiver and the siblings attorney. However, notice is not required to be given to any sibling whose matter is calendared in the same court on the same day.
(5)The grandparents of the child, if their address is known and if the parents whereabouts are unknown.
(6)All counsel of record.
(7)To any unknown parent by publication, if ordered by the court pursuant to paragraph (2) of subdivision (g).
(8)The current caregiver of the child, including foster parents, relative caregivers, preadoptive parents, and nonrelative extended family members. Any person notified may attend all hearings and may submit any information he or she deems relevant to the court in writing.
(b)The following persons shall not be notified of the hearing:
(1)A parent who has relinquished the child to the State Department of Social Services, county adoption agency, or licensed adoption agency for adoption, and the relinquishment has been accepted and filed with notice as required under Section 8700 of the Family Code.
(2)An alleged father who has denied paternity and has executed a waiver of the right to notice of further proceedings.
(3)A parent whose parental rights have been terminated.
(c)(1)Service of the notice shall be completed at least 45 days before the hearing date. Service is deemed complete at the time the notice is personally delivered to the person named in the notice or 10 days after the notice has been placed in the mail, or at the expiration of the time prescribed by the order for publication.
(2)Service of notice in cases where publication is ordered shall be completed at least 30 days before the date of the hearing.
(d)Regardless of the type of notice required, or the manner in which it is served, once the court has made the initial finding that notice has properly been given to the parent, or to any person entitled to receive notice pursuant to this section, subsequent notice for any continuation of a Section 366.26 hearing may be by first-class mail to any last known address, by an order made pursuant to Section 296, or by any other means that the court determines is reasonably calculated, under any circumstance, to provide notice of the continued hearing. However, if the recommendation changes from the recommendation contained in the notice previously found to be proper, notice shall be provided to the parent, and to any person entitled to receive notice pursuant to this section, regarding that subsequent hearing.
(e)The notice shall contain the following information:
(1)The date, time, and place of the hearing.
(2)The right to appear.
(3)The parents right to counsel.
(4)The nature of the proceedings.
(5)The recommendation of the supervising agency.
(6)A statement that, at the time of hearing, the court is required to select a permanent plan of adoption, legal guardianship, or long-term foster care for the child.
(f)Notice to the parents may be given in any one of the following manners:
(1)If the parent is present at the hearing at which the court schedules a hearing pursuant to Section 366.26, the court shall advise the parent of the date, time, and place of the proceedings, their right to counsel, the nature of the proceedings, and the requirement that at the proceedings the court shall select and implement a plan of adoption, legal guardianship, or long-term foster care for the child. The court shall direct the parent to appear for the proceedings and then direct that the parent be notified thereafter by first-class mail to the parents usual place of residence or business only.
(2)Certified mail, return receipt requested, to the parents last known mailing address. This notice shall be sufficient if the child welfare agency receives a return receipt signed by the parent.
(3)Personal service to the parent named in the notice.
(4)Delivery to a competent person who is at least 18 years of age at the parents usual place of residence or business, and thereafter mailed to the parent named in the notice by first-class mail at the place where the notice was delivered.
(5)If the residence of the parent is outside the state, service may be made as described in paragraph (1), (3), or (4) or by certified mail, return receipt requested.
(6)If the recommendation of the probation officer or social worker is legal guardianship or long-term foster care, or, in the case of an Indian child, tribal customary adoption, service may be made by first-class mail to the parents usual place of residence or business.
(7)If a parents identity is known but his or her whereabouts are unknown and the parent cannot, with reasonable diligence, be served in any manner specified in paragraphs (1) to (6), inclusive, the petitioner shall file an affidavit with the court at least 75 days before the hearing date, stating the name of the parent and describing the efforts made to locate and serve the parent.
(A)If the court determines that there has been due diligence in attempting to locate and serve the parent and the probation officer or social worker recommends adoption, service shall be to that parents attorney of record, if any, by certified mail, return receipt requested. If the parent does not have an attorney of record, the court shall order that service be made by publication of citation requiring the parent to appear at the date, time, and place stated in the citation, and that the citation be published in a newspaper designated as most likely to give notice to the parent. Publication shall be made once a week for four consecutive weeks. Whether notice is to the attorney of record or by publication, the court shall also order that notice be given to the grandparents of the child, if their identities and addresses are known, by first-class mail.
(B)If the court determines that there has been due diligence in attempting to locate and serve the parent and the probation officer or social worker recommends legal guardianship or long-term foster care, no further notice is required to the parent, but the court shall order that notice be given to the grandparents of the child, if their identities and addresses are known, by first-class mail.
(C)In any case where the residence of the parent becomes known, notice shall immediately be served upon the parent as provided for in either paragraph (2), (3), (4), (5), or (6).
(g)(1)If the identity of one or both of the parents, or alleged parents, of the child is unknown, or if the name of one or both parents is uncertain, then that fact shall be set forth in the affidavit filed with the court at least 75 days before the hearing date and the court, consistent with the provisions of Sections 7665 and 7666 of the Family Code, shall issue an order dispensing with notice to a natural parent or possible natural parent under this section if, after inquiry and a determination that there has been due diligence in attempting to identify the unknown parent, the court is unable to identify the natural parent or possible natural parent and no person has appeared claiming to be the natural parent.
(2)After a determination that there has been due diligence in attempting to identify an unknown parent pursuant to paragraph (1) and the probation officer or social worker recommends adoption, the court shall consider whether publication notice would be likely to lead to actual notice to the unknown parent. The court may order publication notice if, on the basis of all information before the court, the court determines that notice by publication is likely to lead to actual notice to the parent. If publication notice to an unknown parent is ordered, the court shall order the published citation to be directed to either the father or mother, or both, of the child, and to all persons claiming to be the father or mother of the child, naming and otherwise describing the child. An order of publication pursuant to this paragraph shall be based on an affidavit describing efforts made to identify the unknown parent or parents. Service made by publication pursuant to this paragraph shall require the unknown parent or parents to appear at the date, time, and place stated in the citation. Publication shall be made once a week for four consecutive weeks.
(3)If the court determines that there has been due diligence in attempting to identify one or both of the parents, or alleged parents, of the child and the probation officer or social worker recommends legal guardianship or long-term foster care, no further notice to the parent shall be required.
(h)Notice to the child and all counsel of record shall be by first-class mail.
(i)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.
(j)Notwithstanding subdivision (a), if the attorney of record is present at the time the court schedules a hearing pursuant to Section 366.26, no further notice is required, except as required by subparagraph (A) of paragraph (7) of subdivision (f).
(k)This section shall also apply to children adjudged wards pursuant to Section 727.31.
(l)The court shall state the reasons on the record explaining why good cause exists for granting any continuance of a hearing held pursuant to Section 366.26 to fulfill the requirements of this section.
(m)This section shall become operative on January 1, 2019.
SEC. 13.Section 295 of the Welfare and Institutions Code is amended to read: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 siblings caregiver, and the siblings attorney. If the sibling is under 10 years of age, the siblings caregiver and the siblings 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.
SEC. 14.Section 295 is added to the Welfare and Institutions Code, to read: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 siblings caregiver, and the siblings attorney. If the sibling is under 10 years of age, the siblings caregiver and the siblings 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. 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)This section shall become operative on January 1, 2019.
SEC. 15.Section 316.1 of the Welfare and Institutions Code is amended to read:316.1.(a)(1)Upon his or her appearance before the court, each parent or guardian shall designate for the court his or her permanent mailing address. The court shall advise each parent or guardian that the designated mailing address will be used by the court and the social services agency for notice purposes unless and until the parent or guardian notifies the court or the social services agency of a new mailing address in writing.
(2)Except as provided in subdivisions (b) and (c), in addition to providing his or her permanent mailing address, the court may, if the county, or city and county, and the court choose to permit service by electronic mail, permit any party who is entitled to notice of court proceedings, upon his or her consent to service by electronic mail by signing Judicial Council Form EFS-005, to voluntarily provide the court with a designated electronic mail address for the purpose of receiving notice by electronic mail. Upon his or her appearance before the court, each party who consents to service by electronic mail shall designate for the court his or her electronic mail address. The court shall advise each party that the electronic mail address will be used by the court and the social services agency for purposes of providing notice pursuant to Sections 290.1, 290.2, 291, 292, 293, 294, and 295, unless and until the party notifies the court or the social services agency of a new electronic mail address in writing.
(b)Except as provided in subdivision (c), the court may permit a child who appears before the court and who is entitled to notice of court proceedings to voluntarily provide the court with a designated electronic mail address for the purpose of receiving notice by electronic mail only under the following circumstances:
(1)If the child is 16 years of age or older, notice shall be served by first-class mail, or if all of the following requirements are satisfied, by electronic mail:
(A)The county, or city and county, and the court choose to permit service by electronic mail.
(B)The child has consented to service by electronic mail by signing Judicial Council Form EFS-005.
(C)The attorney for the child has consented to service of the minor by electronic mail by signing Judicial Council Form EFS-005.
(2)If the child is 14 or 15 years of age, 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:
(A)The county, or city and county, and the court choose to permit service by electronic mail.
(B)The child has consented to service by electronic mail by signing Judicial Council Form EFS-005.
(C)The attorney for the child has consented to service of the minor by electronic mail by signing Judicial Council Form EFS-005.
(c)Notice of court proceedings by electronic mail is not permitted in any of the following circumstances:
(1)For notice of any hearing at which the county welfare department is recommending termination of parental rights, in which case notice may only be served by electronic mail if supplemental and in addition to first-class mail.
(2)If the social worker or probation officer knows or has reason to know that an Indian child is involved, in which case notice shall be given in accordance with Section 224.2.
(3)If the person entitled to notice is a child under 14 years of age.
(d)The Judicial Council may develop a form for the designation of a permanent mailing address by parents and guardians for use by the courts and social services agencies.
(e)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.
SEC. 16.Section 316.1 is added to the Welfare and Institutions Code, to read:316.1.(a)Upon his or her appearance before the court, each parent or guardian shall designate for the court his or her permanent mailing address. The court shall advise each parent or guardian that the designated mailing address will be used by the court and the social services agency for notice purposes unless and until the parent or guardian notifies the court or the social services agency of a new mailing address in writing.
(b)The Judicial Council may develop a form for the designation of a permanent mailing address by parents and guardians for use by the courts and social services agencies.
(c)This section shall become operative on January 1, 2019.
If the probation officer or social worker determines that the child shall be retained in custody, he or she shall immediately file a petition pursuant to Section 332 with the clerk of the juvenile court, who shall set the matter for hearing on the detention hearing calendar. The probation officer or social worker shall serve notice as prescribed in this section.
(a)Notice shall be given to the following persons whose whereabouts are known or become 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 siblings caregiver, and the siblings attorney. If the sibling is under 10 years of age, the siblings caregiver and the siblings 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, then to any adult relative residing within the county county, or if none, the adult relative residing nearest the court.
(7)The attorney for the parent or parents, or legal guardian or guardians.
(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)The notice shall be given as soon as possible after the filing of the petition.
(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)Service of the notice shall be written or oral. If the person being served cannot read, notice shall be given orally. Written Except as provided in subdivisions (f), (g), and (h), written notice may be served by electronic 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.
(f)If the probation officer or social worker knows or has reason to know that an Indian child is involved, notice shall be given in accordance with Section 224.2.
(g)Except as provided in subdivision (h), 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.
(h)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.
(i)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.
SEC. 2.Section 290.1 is added to the Welfare and Institutions Code, to read:290.1.If the probation officer or social worker determines that the child shall be retained in custody, he or she shall immediately file a petition pursuant to Section 332 with the clerk of the juvenile court, who shall set the matter for hearing on the detention hearing calendar. The probation officer or social worker shall serve notice as prescribed in this section.
(a)Notice shall be given to the following persons whose whereabouts are known or become 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 siblings caregiver, and the siblings attorney. If the sibling is under 10 years of age, the siblings caregiver and the siblings 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, then to any adult relative residing within the county, or if none, the adult relative residing nearest the court.
(7)The attorney for the parent or parents, or legal guardian or guardians.
(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)The notice shall be given as soon as possible after the filing of the petition.
(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)Service of the notice shall be written or oral. If the person being served cannot read, notice shall be given orally.
(f)If the probation officer or social worker knows or has reason to know that an Indian child is involved, notice shall be given in accordance with Section 224.2.
(g)This section shall become operative on January 1, 2019.
SEC. 2.SEC. 3.Section 290.2 of the Welfare and Institutions Code is amended to read: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 siblings caregiver, and the siblings attorney. If the sibling is under 10 years of age, the siblings caregiver and the siblings 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 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, 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.
(3)In lieu of notice by first-class mail, Except as provided in subdivisions (e), (f), and (g), 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.
(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)Except as provided in subdivision (g), 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.
(g)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.
(h)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.
SEC. 4.Section 290.2 is added to the Welfare and Institutions Code, to read: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 siblings caregiver, and the siblings attorney. If the sibling is under 10 years of age, the siblings caregiver and the siblings 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.
SEC. 3.SEC. 5.Section 291 of the Welfare and Institutions Code is amended to read:291.After the initial petition hearing, the clerk of the court shall cause the notice to be served in the following manner:
(a)Notice of the hearing shall be given to the following persons:
(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 siblings caregiver, and the siblings attorney. If the sibling is under 10 years of age, the siblings caregiver and the siblings 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)Each attorney of record unless counsel of record is present in court when the hearing is scheduled, then no further notice need be given.
(7)If there is no parent or guardian residing in California, or if the residence is unknown, then to any adult relative residing within the county county, or if none, the adult relative residing nearest the court.
(8)If the hearing is a dispositional hearing that is also serving as a permanency hearing pursuant to subdivision (f) of Section 361.5, notice shall be given to the current caregiver for the child, including foster parents, relative caregivers, preadoptive parents, and nonrelative extended family members. Any person notified may attend all hearings and may submit any information he or she deems relevant to the court in writing.
(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 detained, 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 less than five days and then at least 24 hours prior to the hearing.
(2)If the child is not detained, the notice shall be given to those persons required to be noticed at least 10 days prior to the date of the hearing.
(d)The notice shall include all of the following:
(1)The name and address of the person notified.
(2)The nature of the hearing.
(3)Each section and subdivision under which the proceeding has been initiated.
(4)The date, time, and place of the hearing.
(5)The name of the child upon whose behalf the petition has been brought.
(6)A statement that:
(A)If they fail to appear, the court may proceed without them.
(B)The child, parent, guardian, Indian custodian, or adult relative to whom notice is required to be given pursuant to paragraph (1), (2), (3), (4), or (7) of subdivision (a) is entitled to have an attorney present at the hearing.
(C)If the parent, guardian, Indian custodian, or adult relative noticed pursuant to paragraph (1), (2), (3), or (7) of subdivision (a) is indigent and cannot afford an attorney, and desires to be represented by an attorney, the parent, guardian, Indian custodian, or adult relative shall promptly notify the clerk of the juvenile court.
(D)If an attorney is appointed to represent the parent, guardian, Indian custodian, or adult relative, the represented person shall be liable for all or a portion of the costs to the extent of his or her ability to pay.
(E)The parent, guardian, Indian custodian, or adult relative may be liable for the costs of support of the child in any out-of-home placement.
(7)A copy of the petition.
(e)Service of the notice of the hearing shall be given in the following manner:
(1)If the child is detained and the persons required to be noticed are not present at the initial petition hearing, they shall be noticed by personal service or by certified mail, return receipt requested.
(2)If the child is detained and the persons required to be noticed are present at the initial petition hearing, they shall be noticed by personal service or by first-class mail.
(3)If the child is not detained, the persons required to be noticed shall be noticed by personal service or by first-class mail, unless the person to be served is known to reside outside the county, in which case service shall be by first-class mail.
(4)In lieu of notice by first-class mail, 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.
(f)Any of the notices required to be given under this section or Sections 290.1 and 290.2 may be waived by a party in person or through his or her attorney, or by a signed written waiver filed on or before the date scheduled for the hearing.
(g)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.
(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.
SEC. 6.Section 291 is added to the Welfare and Institutions Code, to read:291.After the initial petition hearing, the clerk of the court shall cause the notice to be served in the following manner:
(a)Notice of the hearing shall be given to the following persons:
(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 siblings caregiver, and the siblings attorney. If the sibling is under 10 years of age, the siblings caregiver and the siblings 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)Each attorney of record unless counsel of record is present in court when the hearing is scheduled, then no further notice need be given.
(7)If there is no parent or guardian residing in California, or if the residence is unknown, then to any adult relative residing within the county, or if none, the adult relative residing nearest the court.
(8)If the hearing is a dispositional hearing that is also serving as a permanency hearing pursuant to subdivision (f) of Section 361.5, notice shall be given to the current caregiver for the child, including foster parents, relative caregivers, preadoptive parents, and nonrelative extended family members. Any person notified may attend all hearings and may submit any information he or she deems relevant to the court in writing.
(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 detained, 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 less than five days and then at least 24 hours prior to the hearing.
(2)If the child is not detained, the notice shall be given to those persons required to be noticed at least 10 days prior to the date of the hearing.
(d)The notice shall include all of the following:
(1)The name and address of the person notified.
(2)The nature of the hearing.
(3)Each section and subdivision under which the proceeding has been initiated.
(4)The date, time, and place of the hearing.
(5)The name of the child upon whose behalf the petition has been brought.
(6)A statement that:
(A)If they fail to appear, the court may proceed without them.
(B)The child, parent, guardian, Indian custodian, or adult relative to whom notice is required to be given pursuant to paragraph (1), (2), (3), (4), or (7) of subdivision (a) is entitled to have an attorney present at the hearing.
(C)If the parent, guardian, Indian custodian, or adult relative noticed pursuant to paragraph (1), (2), (3), or (7) of subdivision (a) is indigent and cannot afford an attorney, and desires to be represented by an attorney, the parent, guardian, Indian custodian, or adult relative shall promptly notify the clerk of the juvenile court.
(D)If an attorney is appointed to represent the parent, guardian, Indian custodian, or adult relative, the represented person shall be liable for all or a portion of the costs to the extent of his or her ability to pay.
(E)The parent, guardian, Indian custodian, or adult relative may be liable for the costs of support of the child in any out-of-home placement.
(7)A copy of the petition.
(e)Service of the notice of the hearing shall be given in the following manner:
(1)If the child is detained and the persons required to be noticed are not present at the initial petition hearing, they shall be noticed by personal service or by certified mail, return receipt requested.
(2)If the child is detained and the persons required to be noticed are present at the initial petition hearing, they shall be noticed by personal service or by first-class mail.
(3)If the child is not detained, the persons required to be noticed shall be noticed by personal service or by first-class mail, unless the person to be served is known to reside outside the county, in which case service shall be by first-class mail.
(f)Any of the notices required to be given under this section or Sections 290.1 and 290.2 may be waived by a party in person or through his or her attorney, or by a signed written waiver filed on or before the date scheduled for the hearing.
(g)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.
(h)This section shall become operative on January 1, 2019.
SEC. 4.SEC. 7.Section 292 of the Welfare and Institutions Code is amended to read:292.The social worker or probation officer shall give notice of the review hearing held pursuant to Section 364 in the following manner:
(a)Notice of the hearing shall be given to the following persons:
(1)The mother.
(2)The presumed father or any father receiving services.
(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 siblings caregiver, and the siblings attorney. If the sibling is under 10 years of age, the siblings caregiver and the siblings 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)Each attorney of record, if that attorney was not present at the time that the hearing was set by the court.
(b)No notice is required for a parent whose parental rights have been terminated.
(c)The notice of the hearing shall be served not earlier than 30 days, nor later than 15 days, before the hearing.
(d)The notice shall contain a statement regarding the nature of the hearing to be held and any change in the custody or status of the child being recommended by the supervising agency. The notice shall also include a statement that the child and the parent or parents or legal guardian or guardians have a right to be present at the hearing, to be represented by counsel at the hearing and the procedure for obtaining appointed counsel, and to present evidence regarding the proper disposition of the case. The notice shall also state that if the parent or parents or legal guardian or guardians fail to appear, the court may proceed without them.
(e)Service of the notice shall be by personal service, by first-class mail, or by certified mail, return receipt requested, addressed to the last known address of the person to be noticed. Notice Except as provided in subdivisions (f), (g), and (h), notice may be served by electronic 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.
(f)If the social worker or the probation officer knows or has reason to know that an Indian child is involved, notice shall be given in accordance with Section 224.2.
(g)Except as provided in subdivision (h), 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.
(h)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.
(i)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.
SEC. 8.Section 292 is added to the Welfare and Institutions Code, to read:292.The social worker or probation officer shall give notice of the review hearing held pursuant to Section 364 in the following manner:
(a)Notice of the hearing shall be given to the following persons:
(1)The mother.
(2)The presumed father or any father receiving services.
(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 siblings caregiver, and the siblings attorney. If the sibling is under 10 years of age, the siblings caregiver and the siblings 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)Each attorney of record, if that attorney was not present at the time that the hearing was set by the court.
(b)No notice is required for a parent whose parental rights have been terminated.
(c)The notice of the hearing shall be served not earlier than 30 days, nor later than 15 days, before the hearing.
(d)The notice shall contain a statement regarding the nature of the hearing to be held and any change in the custody or status of the child being recommended by the supervising agency. The notice shall also include a statement that the child and the parent or parents or legal guardian or guardians have a right to be present at the hearing, to be represented by counsel at the hearing and the procedure for obtaining appointed counsel, and to present evidence regarding the proper disposition of the case. The notice shall also state that if the parent or parents or legal guardian or guardians fail to appear, the court may proceed without them.
(e)Service of the notice shall be by personal service, by first-class mail, or by certified mail, return receipt requested, addressed to the last known address of the person to be noticed.
(f)If the social worker or the probation officer knows or has reason to know that an Indian child is involved, notice shall be given in accordance with Section 224.2.
(g)This section shall become operative on January 1, 2019.
SEC. 5.SEC. 9.Section 293 of the Welfare and Institutions Code is amended to read:293.The social worker or probation officer shall give notice of the review hearings held pursuant to Section 366.21, 366.22, or 366.25 in the following manner:
(a)Notice of the hearing shall be given to the following persons:
(1)The mother.
(2)The presumed father or any father receiving services.
(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 siblings caregiver, and the siblings attorney. If the sibling is under 10 years of age, the siblings caregiver and the siblings 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)In the case of a child removed from the physical custody of his or her parent or legal guardian, 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 custody of the child. In a case in which a foster family agency is notified of the hearing pursuant to this section, and the child resides in a foster home certified by the foster family agency, the foster family agency shall provide timely notice of the hearing to the childs caregivers.
(7)Each attorney of record if that attorney was not present at the time that the hearing was set by the court.
(b)No notice is required for a parent whose parental rights have been terminated. On and after January 1, 2012, in the case of a nonminor dependent, as described in subdivision (v) of Section 11400, no notice is required for a parent.
(c)The notice of hearing shall be served not earlier than 30 days, nor later than 15 days, before the hearing.
(d)The notice shall contain a statement regarding the nature of the hearing to be held and any change in the custody or status of the child being recommended by the supervising agency. If the notice is to the child, parent or parents, or legal guardian or guardians, the notice shall also advise them of the right to be present, the right to be represented by counsel, the right to request counsel, and the right to present evidence. The notice shall also state that if the parent or parents or legal guardian or guardians fail to appear, the court may proceed without them.
(e)Service of the notice shall be by first-class mail addressed to the last known address of the person to be noticed or by personal service on the person. Service of a copy of the notice shall be by personal service or by certified mail, return receipt requested, or any other form of notice that is equivalent to service by first-class mail. In lieu of notice by first-class mail 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.
(f)Notice to the current caregiver of the child, including a foster parent, a relative caregiver, a preadoptive parent, or a nonrelative extended family member, or to a certified foster parent who has been approved for adoption, or the State Department of Social Services when it is acting as an adoption agency or by a county adoption agency, shall indicate that the person notified may attend all hearings or may submit any information he or she deems relevant to the court in writing.
(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.
SEC. 10.Section 293 is added to the Welfare and Institutions Code, to read:293.The social worker or probation officer shall give notice of the review hearings held pursuant to Section 366.21, 366.22, or 366.25 in the following manner:
(a)Notice of the hearing shall be given to the following persons:
(1)The mother.
(2)The presumed father or any father receiving services.
(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 siblings caregiver, and the siblings attorney. If the sibling is under 10 years of age, the siblings caregiver and the siblings 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)In the case of a child removed from the physical custody of his or her parent or legal guardian, 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 custody of the child. In a case in which a foster family agency is notified of the hearing pursuant to this section, and the child resides in a foster home certified by the foster family agency, the foster family agency shall provide timely notice of the hearing to the childs caregivers.
(7)Each attorney of record if that attorney was not present at the time that the hearing was set by the court.
(b)No notice is required for a parent whose parental rights have been terminated. On and after January 1, 2012, in the case of a nonminor dependent, as described in subdivision (v) of Section 11400, no notice is required for a parent.
(c)The notice of hearing shall be served not earlier than 30 days, nor later than 15 days, before the hearing.
(d)The notice shall contain a statement regarding the nature of the hearing to be held and any change in the custody or status of the child being recommended by the supervising agency. If the notice is to the child, parent or parents, or legal guardian or guardians, the notice shall also advise them of the right to be present, the right to be represented by counsel, the right to request counsel, and the right to present evidence. The notice shall also state that if the parent or parents or legal guardian or guardians fail to appear, the court may proceed without them.
(e)Service of the notice shall be by first-class mail addressed to the last known address of the person to be noticed or by personal service on the person. Service of a copy of the notice shall be by personal service or by certified mail, return receipt requested, or any other form of notice that is equivalent to service by first-class mail.
(f)Notice to the current caregiver of the child, including a foster parent, a relative caregiver, a preadoptive parent, or a nonrelative extended family member, or to a certified foster parent who has been approved for adoption, or the State Department of Social Services when it is acting as an adoption agency or by a county adoption agency, shall indicate that the person notified may attend all hearings or may submit any information he or she deems relevant to the court in writing.
(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)This section shall become operative on January 1, 2019.
SEC. 6.SEC. 11.Section 294 of the Welfare and Institutions Code is amended to read:294.The social worker or probation officer shall give notice of a selection and implementation hearing held pursuant to Section 366.26 in the following manner:
(a)Notice of the hearing shall be given to the following persons:
(1)The mother.
(2)The fathers, presumed and alleged.
(3)The child, if the child is 10 years of age or older.
(4)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 siblings caregiver, and the siblings attorney. If the sibling is under 10 years of age, the siblings caregiver and the siblings attorney. However, notice is not required to be given to any sibling whose matter is calendared in the same court on the same day.
(5)The grandparents of the child, if their address is known and if the parents whereabouts are unknown.
(6)All counsel of record.
(7)To any unknown parent by publication, if ordered by the court pursuant to paragraph (2) of subdivision (g).
(8)The current caregiver of the child, including foster parents, relative caregivers, preadoptive parents, and nonrelative extended family members. Any person notified may attend all hearings and may submit any information he or she deems relevant to the court in writing.
(b)The following persons shall not be notified of the hearing:
(1)A parent who has relinquished the child to the State Department of Social Services, county adoption agency, or licensed adoption agency for adoption, and the relinquishment has been accepted and filed with notice as required under Section 8700 of the Family Code.
(2)An alleged father who has denied paternity and has executed a waiver of the right to notice of further proceedings.
(3)A parent whose parental rights have been terminated.
(c)(1)Service of the notice shall be completed at least 45 days before the hearing date. Service is deemed complete at the time the notice is personally delivered to the person named in the notice or 10 days after the notice has been placed in the mail or sent by electronic mail, or at the expiration of the time prescribed by the order for publication.
(2)Service of notice in cases where publication is ordered shall be completed at least 30 days before the date of the hearing.
(d)Regardless of the type of notice required, or the manner in which it is served, once the court has made the initial finding that notice has properly been given to the parent, or to any person entitled to receive notice pursuant to this section, subsequent notice for any continuation of a Section 366.26 hearing may be by first-class mail to any last known address, by an order made pursuant to Section 296, except as provided in paragraphs (2) and (3) of subdivision (h) and subdivision (i), by electronic 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, or by any other means that the court determines is reasonably calculated, under any circumstance, to provide notice of the continued hearing. However, if the recommendation changes from the recommendation contained in the notice previously found to be proper, notice shall be provided to the parent, and to any person entitled to receive notice pursuant to this section, regarding that subsequent hearing.
(e)The notice shall contain the following information:
(1)The date, time, and place of the hearing.
(2)The right to appear.
(3)The parents right to counsel.
(4)The nature of the proceedings.
(5)The recommendation of the supervising agency.
(6)A statement that, at the time of hearing, the court is required to select a permanent plan of adoption, legal guardianship, or long-term foster care for the child.
(f)Notice to the parents may be given in any one of the following manners:
(1)If the parent is present at the hearing at which the court schedules a hearing pursuant to Section 366.26, the court shall advise the parent of the date, time, and place of the proceedings, their right to counsel, the nature of the proceedings, and the requirement that at the proceedings the court shall select and implement a plan of adoption, legal guardianship, or long-term foster care for the child. The court shall direct the parent to appear for the proceedings and then direct that the parent be notified thereafter by first-class mail to the parents usual place of residence or business only. In lieu of notice by first-class mail, notice may be served by electronic 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.
(2)Certified mail, return receipt requested, to the parents last known mailing address. This notice shall be sufficient if the child welfare agency receives a return receipt signed by the parent.
(3)Personal service to the parent named in the notice.
(4)Delivery to a competent person who is at least 18 years of age at the parents usual place of residence or business, and thereafter mailed to the parent named in the notice by first-class mail at the place where the notice was delivered.
(5)If the residence of the parent is outside the state, service may be made as described in paragraph (1), (3), or (4) or by certified mail, return receipt requested.
(6)If the recommendation of the probation officer or social worker is legal guardianship or long-term foster care, or, in the case of an Indian child, tribal customary adoption, service may be made by first-class mail to the parents usual place of residence or business. In lieu of notice by first-class mail, notice may be served by electronic 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.
(7)If a parents identity is known but his or her whereabouts are unknown and the parent cannot, with reasonable diligence, be served in any manner specified in paragraphs (1) to (6), inclusive, the petitioner shall file an affidavit with the court at least 75 days before the hearing date, stating the name of the parent and describing the efforts made to locate and serve the parent.
(A)If the court determines that there has been due diligence in attempting to locate and serve the parent and the probation officer or social worker recommends adoption, service shall be to that parents attorney of record, if any, by certified mail, return receipt requested. If the parent does not have an attorney of record, the court shall order that service be made by publication of citation requiring the parent to appear at the date, time, and place stated in the citation, and that the citation be published in a newspaper designated as most likely to give notice to the parent. Publication shall be made once a week for four consecutive weeks. Whether notice is to the attorney of record or by publication, the court shall also order that notice be given to the grandparents of the child, if their identities and addresses are known, by first-class mail.
(B)If the court determines that there has been due diligence in attempting to locate and serve the parent and the probation officer or social worker recommends legal guardianship or long-term foster care, no further notice is required to the parent, but the court shall order that notice be given to the grandparents of the child, if their identities and addresses are known, by first-class mail.
(C)In any case where the residence of the parent becomes known, notice shall immediately be served upon the parent as provided for in either paragraph (2), (3), (4), (5), or (6).
(g)(1)If the identity of one or both of the parents, or alleged parents, of the child is unknown, or if the name of one or both parents is uncertain, then that fact shall be set forth in the affidavit filed with the court at least 75 days before the hearing date and the court, consistent with the provisions of Sections 7665 and 7666 of the Family Code, shall issue an order dispensing with notice to a natural parent or possible natural parent under this section if, after inquiry and a determination that there has been due diligence in attempting to identify the unknown parent, the court is unable to identify the natural parent or possible natural parent and no person has appeared claiming to be the natural parent.
(2)After a determination that there has been due diligence in attempting to identify an unknown parent pursuant to paragraph (1) and the probation officer or social worker recommends adoption, the court shall consider whether publication notice would be likely to lead to actual notice to the unknown parent. The court may order publication notice if, on the basis of all information before the court, the court determines that notice by publication is likely to lead to actual notice to the parent. If publication notice to an unknown parent is ordered, the court shall order the published citation to be directed to either the father or mother, or both, of the child, and to all persons claiming to be the father or mother of the child, naming and otherwise describing the child. An order of publication pursuant to this paragraph shall be based on an affidavit describing efforts made to identify the unknown parent or parents. Service made by publication pursuant to this paragraph shall require the unknown parent or parents to appear at the date, time, and place stated in the citation. Publication shall be made once a week for four consecutive weeks.
(3)If the court determines that there has been due diligence in attempting to identify one or both of the parents, or alleged parents, of the child and the probation officer or social worker recommends legal guardianship or long-term foster care, no further notice to the parent shall be required.
(h)(1)Notice to the child and all counsel of record shall be by first-class mail, or by electronic 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.
(2)Except as provided in paragraph (3), if notice is required to be provided to a child, written notice may be served on the child by electronic mail only if all of the following requirements are satisfied:
(A)The county, or city and county, and the court choose to permit service by electronic mail.
(B)The child is 16 years of age or older.
(C)The child has consented to service by electronic mail by signing Judicial Council Form EFS-005.
(D)The attorney for the child has consented to service of the minor by electronic mail by signing Judicial Council Form EFS-005.
(3)If notice is required to be provided to a child, 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:
(A)The county, or city and county, and the court choose to permit service by electronic mail.
(B)The child is 14 or 15 years of age.
(C)The child has consented to service by electronic mail by signing Judicial Council Form EFS-005.
(D)The attorney for the child has consented to service of the minor by electronic mail by signing Judicial Council Form EFS-005.
(i)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.
(j)Notwithstanding subdivision (a), if the attorney of record is present at the time the court schedules a hearing pursuant to Section 366.26, no further notice is required, except as required by subparagraph (A) of paragraph (7) of subdivision (f).
(k)This section shall also apply to children adjudged wards pursuant to Section 727.31.
(l)The court shall state the reasons on the record explaining why good cause exists for granting any continuance of a hearing held pursuant to Section 366.26 to fulfill the requirements of this section.
(m)Notwithstanding any choice by a county, or city and county, and the court to permit service of written notice of court proceedings by electronic mail, or consent by any person to service of written notice by electronic mail by signing Judicial Council Form EFS-005, notice of any hearing at which the county welfare department is recommending the termination of parental rights may only be served by electronic mail if supplemental and in addition to the other forms of notice provided for in this section.
(n)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.
SEC. 12.Section 294 is added to the Welfare and Institutions Code, to read:294.The social worker or probation officer shall give notice of a selection and implementation hearing held pursuant to Section 366.26 in the following manner:
(a)Notice of the hearing shall be given to the following persons:
(1)The mother.
(2)The fathers, presumed and alleged.
(3)The child, if the child is 10 years of age or older.
(4)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 siblings caregiver, and the siblings attorney. If the sibling is under 10 years of age, the siblings caregiver and the siblings attorney. However, notice is not required to be given to any sibling whose matter is calendared in the same court on the same day.
(5)The grandparents of the child, if their address is known and if the parents whereabouts are unknown.
(6)All counsel of record.
(7)To any unknown parent by publication, if ordered by the court pursuant to paragraph (2) of subdivision (g).
(8)The current caregiver of the child, including foster parents, relative caregivers, preadoptive parents, and nonrelative extended family members. Any person notified may attend all hearings and may submit any information he or she deems relevant to the court in writing.
(b)The following persons shall not be notified of the hearing:
(1)A parent who has relinquished the child to the State Department of Social Services, county adoption agency, or licensed adoption agency for adoption, and the relinquishment has been accepted and filed with notice as required under Section 8700 of the Family Code.
(2)An alleged father who has denied paternity and has executed a waiver of the right to notice of further proceedings.
(3)A parent whose parental rights have been terminated.
(c)(1)Service of the notice shall be completed at least 45 days before the hearing date. Service is deemed complete at the time the notice is personally delivered to the person named in the notice or 10 days after the notice has been placed in the mail, or at the expiration of the time prescribed by the order for publication.
(2)Service of notice in cases where publication is ordered shall be completed at least 30 days before the date of the hearing.
(d)Regardless of the type of notice required, or the manner in which it is served, once the court has made the initial finding that notice has properly been given to the parent, or to any person entitled to receive notice pursuant to this section, subsequent notice for any continuation of a Section 366.26 hearing may be by first-class mail to any last known address, by an order made pursuant to Section 296, or by any other means that the court determines is reasonably calculated, under any circumstance, to provide notice of the continued hearing. However, if the recommendation changes from the recommendation contained in the notice previously found to be proper, notice shall be provided to the parent, and to any person entitled to receive notice pursuant to this section, regarding that subsequent hearing.
(e)The notice shall contain the following information:
(1)The date, time, and place of the hearing.
(2)The right to appear.
(3)The parents right to counsel.
(4)The nature of the proceedings.
(5)The recommendation of the supervising agency.
(6)A statement that, at the time of hearing, the court is required to select a permanent plan of adoption, legal guardianship, or long-term foster care for the child.
(f)Notice to the parents may be given in any one of the following manners:
(1)If the parent is present at the hearing at which the court schedules a hearing pursuant to Section 366.26, the court shall advise the parent of the date, time, and place of the proceedings, their right to counsel, the nature of the proceedings, and the requirement that at the proceedings the court shall select and implement a plan of adoption, legal guardianship, or long-term foster care for the child. The court shall direct the parent to appear for the proceedings and then direct that the parent be notified thereafter by first-class mail to the parents usual place of residence or business only.
(2)Certified mail, return receipt requested, to the parents last known mailing address. This notice shall be sufficient if the child welfare agency receives a return receipt signed by the parent.
(3)Personal service to the parent named in the notice.
(4)Delivery to a competent person who is at least 18 years of age at the parents usual place of residence or business, and thereafter mailed to the parent named in the notice by first-class mail at the place where the notice was delivered.
(5)If the residence of the parent is outside the state, service may be made as described in paragraph (1), (3), or (4) or by certified mail, return receipt requested.
(6)If the recommendation of the probation officer or social worker is legal guardianship or long-term foster care, or, in the case of an Indian child, tribal customary adoption, service may be made by first-class mail to the parents usual place of residence or business.
(7)If a parents identity is known but his or her whereabouts are unknown and the parent cannot, with reasonable diligence, be served in any manner specified in paragraphs (1) to (6), inclusive, the petitioner shall file an affidavit with the court at least 75 days before the hearing date, stating the name of the parent and describing the efforts made to locate and serve the parent.
(A)If the court determines that there has been due diligence in attempting to locate and serve the parent and the probation officer or social worker recommends adoption, service shall be to that parents attorney of record, if any, by certified mail, return receipt requested. If the parent does not have an attorney of record, the court shall order that service be made by publication of citation requiring the parent to appear at the date, time, and place stated in the citation, and that the citation be published in a newspaper designated as most likely to give notice to the parent. Publication shall be made once a week for four consecutive weeks. Whether notice is to the attorney of record or by publication, the court shall also order that notice be given to the grandparents of the child, if their identities and addresses are known, by first-class mail.
(B)If the court determines that there has been due diligence in attempting to locate and serve the parent and the probation officer or social worker recommends legal guardianship or long-term foster care, no further notice is required to the parent, but the court shall order that notice be given to the grandparents of the child, if their identities and addresses are known, by first-class mail.
(C)In any case where the residence of the parent becomes known, notice shall immediately be served upon the parent as provided for in either paragraph (2), (3), (4), (5), or (6).
(g)(1)If the identity of one or both of the parents, or alleged parents, of the child is unknown, or if the name of one or both parents is uncertain, then that fact shall be set forth in the affidavit filed with the court at least 75 days before the hearing date and the court, consistent with the provisions of Sections 7665 and 7666 of the Family Code, shall issue an order dispensing with notice to a natural parent or possible natural parent under this section if, after inquiry and a determination that there has been due diligence in attempting to identify the unknown parent, the court is unable to identify the natural parent or possible natural parent and no person has appeared claiming to be the natural parent.
(2)After a determination that there has been due diligence in attempting to identify an unknown parent pursuant to paragraph (1) and the probation officer or social worker recommends adoption, the court shall consider whether publication notice would be likely to lead to actual notice to the unknown parent. The court may order publication notice if, on the basis of all information before the court, the court determines that notice by publication is likely to lead to actual notice to the parent. If publication notice to an unknown parent is ordered, the court shall order the published citation to be directed to either the father or mother, or both, of the child, and to all persons claiming to be the father or mother of the child, naming and otherwise describing the child. An order of publication pursuant to this paragraph shall be based on an affidavit describing efforts made to identify the unknown parent or parents. Service made by publication pursuant to this paragraph shall require the unknown parent or parents to appear at the date, time, and place stated in the citation. Publication shall be made once a week for four consecutive weeks.
(3)If the court determines that there has been due diligence in attempting to identify one or both of the parents, or alleged parents, of the child and the probation officer or social worker recommends legal guardianship or long-term foster care, no further notice to the parent shall be required.
(h)Notice to the child and all counsel of record shall be by first-class mail.
(i)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.
(j)Notwithstanding subdivision (a), if the attorney of record is present at the time the court schedules a hearing pursuant to Section 366.26, no further notice is required, except as required by subparagraph (A) of paragraph (7) of subdivision (f).
(k)This section shall also apply to children adjudged wards pursuant to Section 727.31.
(l)The court shall state the reasons on the record explaining why good cause exists for granting any continuance of a hearing held pursuant to Section 366.26 to fulfill the requirements of this section.
(m)This section shall become operative on January 1, 2019.
SEC. 7.SEC. 13.Section 295 of the Welfare and Institutions Code is amended to read: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 siblings caregiver, and the siblings attorney. If the sibling is under 10 years of age, the siblings caregiver and the siblings 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. In lieu of notice by first-class mail 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.
SEC. 14.Section 295 is added to the Welfare and Institutions Code, to read: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 siblings caregiver, and the siblings attorney. If the sibling is under 10 years of age, the siblings caregiver and the siblings 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. 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)This section shall become operative on January 1, 2019.
SEC. 8.SEC. 15.Section 316.1 of the Welfare and Institutions Code is amended to read:316.1.(a)(1)Upon his or her appearance before the court, each parent or guardian shall designate for the court his or her permanent mailing address. The court shall advise each parent or guardian that the designated mailing address will be used by the court and the social services agency for notice purposes unless and until the parent or guardian notifies the court or the social services agency of a new mailing address in writing.
(2)In Except as provided in subdivisions (b) and (c), in addition to providing his or her permanent mailing address, the court may, if the county, or city and county, and the court choose to permit service by electronic mail, permit a parent or guardian appearing before the court any party who is entitled to notice of court proceedings, upon his or her consent to service by electronic mail by signing Judicial Council Form EFS-005, to voluntarily provide the court with a designated electronic mail address for the purpose of receiving notice by electronic mail. Upon his or her appearance before the court, each party who consents to service by electronic mail shall designate for the court his or her electronic mail address. The court shall advise each parent or guardian party that the electronic mail address will be used by the court and the social services agency for purposes of providing notice pursuant to Sections 290.1, 290.2, 291, 292, 293, 294, and 295, if the parent or guardian has consented to service by electronic mail by signing Judicial Council Form EFS-005. unless and until the party notifies the court or the social services agency of a new electronic mail address in writing.
(b)Except as provided in subdivision (c), the court may permit a child who appears before the court and who is entitled to notice of court proceedings to voluntarily provide the court with a designated electronic mail address for the purpose of receiving notice by electronic mail only under the following circumstances:
(1)If the child is 16 years of age or older, notice shall be served by first-class mail, or if all of the following requirements are satisfied, by electronic mail:
(A)The county, or city and county, and the court choose to permit service by electronic mail.
(B)The child has consented to service by electronic mail by signing Judicial Council Form EFS-005.
(C)The attorney for the child has consented to service of the minor by electronic mail by signing Judicial Council Form EFS-005.
(2)If the child is 14 or 15 years of age, 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:
(A)The county, or city and county, and the court choose to permit service by electronic mail.
(B)The child has consented to service by electronic mail by signing Judicial Council Form EFS-005.
(C)The attorney for the child has consented to service of the minor by electronic mail by signing Judicial Council Form EFS-005.
(c)Notice of court proceedings by electronic mail is not permitted in any of the following circumstances:
(1)For notice of any hearing at which the county welfare department is recommending termination of parental rights, in which case notice may only be served by electronic mail if supplemental and in addition to first-class mail.
(2)If the social worker or probation officer knows or has reason to know that an Indian child is involved, in which case notice shall be given in accordance with Section 224.2.
(3)If the person entitled to notice is a child under 14 years of age.
(b)
(d)The Judicial Council may develop a form for the designation of a permanent mailing address by parents and guardians for use by the courts and social services agencies.
(e)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.
SEC. 16.Section 316.1 is added to the Welfare and Institutions Code, to read:316.1.(a)Upon his or her appearance before the court, each parent or guardian shall designate for the court his or her permanent mailing address. The court shall advise each parent or guardian that the designated mailing address will be used by the court and the social services agency for notice purposes unless and until the parent or guardian notifies the court or the social services agency of a new mailing address in writing.
(b)The Judicial Council may develop a form for the designation of a permanent mailing address by parents and guardians for use by the courts and social services agencies.
(c)This section shall become operative on January 1, 2019.
If the probation officer or social worker determines that the child shall be retained in custody, he or she shall immediately file a petition pursuant to Section 332 with the clerk of the juvenile court, who shall set the matter for hearing on the detention hearing calendar. The probation officer or social worker shall serve notice as prescribed in this section.
(a)Notice shall be given to the following persons whose whereabouts are known or become 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 siblings caregiver, and the siblings attorney. If the sibling is under 10 years of age, the siblings caregiver and the siblings 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, then to any adult relative residing within the county or if none, the adult relative residing nearest the court.
(7)The attorney for the parent or parents, or legal guardian or guardians.
(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)The notice shall be given as soon as possible after the filing of the petition.
(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)Service of the notice shall be written or oral. If the person being served cannot read, notice shall be given orally. Written notice may be served by electronic 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.
(f)If the probation officer or social worker knows or has reason to know that an Indian child is involved, notice shall be given in accordance with Section 224.2.
SEC. 2.Section 290.2 of the Welfare and Institutions Code is amended to read: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 siblings caregiver, and the siblings attorney. If the sibling is under 10 years of age, the siblings caregiver and the siblings 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.
(3)In lieu of notice by first-class mail, notice may be served by electronic 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.
(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.
SEC. 3.Section 291 of the Welfare and Institutions Code is amended to read:291.After the initial petition hearing, the clerk of the court shall cause the notice to be served in the following manner:
(a)Notice of the hearing shall be given to the following persons:
(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 siblings caregiver, and the siblings attorney. If the sibling is under 10 years of age, the siblings caregiver and the siblings 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)Each attorney of record unless counsel of record is present in court when the hearing is scheduled, then no further notice need be given.
(7)If there is no parent or guardian residing in California, or if the residence is unknown, then to any adult relative residing within the county or if none, the adult relative residing nearest the court.
(8)If the hearing is a dispositional hearing that is also serving as a permanency hearing pursuant to subdivision (f) of Section 361.5, notice shall be given to the current caregiver for the child, including foster parents, relative caregivers, preadoptive parents, and nonrelative extended family members. Any person notified may attend all hearings and may submit any information he or she deems relevant to the court in writing.
(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 detained, 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 less than five days and then at least 24 hours prior to the hearing.
(2)If the child is not detained, the notice shall be given to those persons required to be noticed at least 10 days prior to the date of the hearing.
(d)The notice shall include all of the following:
(1)The name and address of the person notified.
(2)The nature of the hearing.
(3)Each section and subdivision under which the proceeding has been initiated.
(4)The date, time, and place of the hearing.
(5)The name of the child upon whose behalf the petition has been brought.
(6)A statement that:
(A)If they fail to appear, the court may proceed without them.
(B)The child, parent, guardian, Indian custodian, or adult relative to whom notice is required to be given pursuant to paragraph (1), (2), (3), (4), or (7) of subdivision (a) is entitled to have an attorney present at the hearing.
(C)If the parent, guardian, Indian custodian, or adult relative noticed pursuant to paragraph (1), (2), (3), or (7) of subdivision (a) is indigent and cannot afford an attorney, and desires to be represented by an attorney, the parent, guardian, Indian custodian, or adult relative shall promptly notify the clerk of the juvenile court.
(D)If an attorney is appointed to represent the parent, guardian, Indian custodian, or adult relative, the represented person shall be liable for all or a portion of the costs to the extent of his or her ability to pay.
(E)The parent, guardian, Indian custodian, or adult relative may be liable for the costs of support of the child in any out-of-home placement.
(7)A copy of the petition.
(e)Service of the notice of the hearing shall be given in the following manner:
(1)If the child is detained and the persons required to be noticed are not present at the initial petition hearing, they shall be noticed by personal service or by certified mail, return receipt requested.
(2)If the child is detained and the persons required to be noticed are present at the initial petition hearing, they shall be noticed by personal service or by first-class mail.
(3)If the child is not detained, the persons required to be noticed shall be noticed by personal service or by first-class mail, unless the person to be served is known to reside outside the county, in which case service shall be by first-class mail.
(4)In lieu of notice by first-class mail, notice may be served by electronic 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.
(f)Any of the notices required to be given under this section or Sections 290.1 and 290.2 may be waived by a party in person or through his or her attorney, or by a signed written waiver filed on or before the date scheduled for the hearing.
(g)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.
SEC. 4.Section 292 of the Welfare and Institutions Code is amended to read:292.The social worker or probation officer shall give notice of the review hearing held pursuant to Section 364 in the following manner:
(a)Notice of the hearing shall be given to the following persons:
(1)The mother.
(2)The presumed father or any father receiving services.
(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 siblings caregiver, and the siblings attorney. If the sibling is under 10 years of age, the siblings caregiver and the siblings 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)Each attorney of record, if that attorney was not present at the time that the hearing was set by the court.
(b)No notice is required for a parent whose parental rights have been terminated.
(c)The notice of the hearing shall be served not earlier than 30 days, nor later than 15 days, before the hearing.
(d)The notice shall contain a statement regarding the nature of the hearing to be held and any change in the custody or status of the child being recommended by the supervising agency. The notice shall also include a statement that the child and the parent or parents or legal guardian or guardians have a right to be present at the hearing, to be represented by counsel at the hearing and the procedure for obtaining appointed counsel, and to present evidence regarding the proper disposition of the case. The notice shall also state that if the parent or parents or legal guardian or guardians fail to appear, the court may proceed without them.
(e)Service of the notice shall be by personal service, by first-class mail, or by certified mail, return receipt requested, addressed to the last known address of the person to be noticed. Notice may be served by electronic 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.
(f)If the social worker or the probation officer knows or has reason to know that an Indian child is involved, notice shall be given in accordance with Section 224.2.
SEC. 5.Section 293 of the Welfare and Institutions Code is amended to read:293.The social worker or probation officer shall give notice of the review hearings held pursuant to Section 366.21, 366.22, or 366.25 in the following manner:
(a)Notice of the hearing shall be given to the following persons:
(1)The mother.
(2)The presumed father or any father receiving services.
(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 siblings caregiver, and the siblings attorney. If the sibling is under 10 years of age, the siblings caregiver and the siblings 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)In the case of a child removed from the physical custody of his or her parent or legal guardian, 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 custody of the child. In a case in which a foster family agency is notified of the hearing pursuant to this section, and the child resides in a foster home certified by the foster family agency, the foster family agency shall provide timely notice of the hearing to the childs caregivers.
(7)Each attorney of record if that attorney was not present at the time that the hearing was set by the court.
(b)No notice is required for a parent whose parental rights have been terminated. On and after January 1, 2012, in the case of a nonminor dependent, as described in subdivision (v) of Section 11400, no notice is required for a parent.
(c)The notice of hearing shall be served not earlier than 30 days, nor later than 15 days, before the hearing.
(d)The notice shall contain a statement regarding the nature of the hearing to be held and any change in the custody or status of the child being recommended by the supervising agency. If the notice is to the child, parent or parents, or legal guardian or guardians, the notice shall also advise them of the right to be present, the right to be represented by counsel, the right to request counsel, and the right to present evidence. The notice shall also state that if the parent or parents or legal guardian or guardians fail to appear, the court may proceed without them.
(e)Service of the notice shall be by first-class mail addressed to the last known address of the person to be noticed or by personal service on the person. Service of a copy of the notice shall be by personal service or by certified mail, return receipt requested, or any other form of notice that is equivalent to service by first-class mail. In lieu of notice by first-class mail, notice may be served by electronic 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.
(f)Notice to the current caregiver of the child, including a foster parent, a relative caregiver, a preadoptive parent, or a nonrelative extended family member, or to a certified foster parent who has been approved for adoption, or the State Department of Social Services when it is acting as an adoption agency or by a county adoption agency, shall indicate that the person notified may attend all hearings or may submit any information he or she deems relevant to the court in writing.
(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.
SEC. 6.Section 294 of the Welfare and Institutions Code is amended to read:294.The social worker or probation officer shall give notice of a selection and implementation hearing held pursuant to Section 366.26 in the following manner:
(a)Notice of the hearing shall be given to the following persons:
(1)The mother.
(2)The fathers, presumed and alleged.
(3)The child, if the child is 10 years of age or older.
(4)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 siblings caregiver, and the siblings attorney. If the sibling is under 10 years of age, the siblings caregiver and the siblings attorney. However, notice is not required to be given to any sibling whose matter is calendared in the same court on the same day.
(5)The grandparents of the child, if their address is known and if the parents whereabouts are unknown.
(6)All counsel of record.
(7)To any unknown parent by publication, if ordered by the court pursuant to paragraph (2) of subdivision (g).
(8)The current caregiver of the child, including foster parents, relative caregivers, preadoptive parents, and nonrelative extended family members. Any person notified may attend all hearings and may submit any information he or she deems relevant to the court in writing.
(b)The following persons shall not be notified of the hearing:
(1)A parent who has relinquished the child to the State Department of Social Services, county adoption agency, or licensed adoption agency for adoption, and the relinquishment has been accepted and filed with notice as required under Section 8700 of the Family Code.
(2)An alleged father who has denied paternity and has executed a waiver of the right to notice of further proceedings.
(3)A parent whose parental rights have been terminated.
(c)(1)Service of the notice shall be completed at least 45 days before the hearing date. Service is deemed complete at the time the notice is personally delivered to the person named in the notice or 10 days after the notice has been placed in the mail or sent by electronic mail, or at the expiration of the time prescribed by the order for publication.
(2)Service of notice in cases where publication is ordered shall be completed at least 30 days before the date of the hearing.
(d)Regardless of the type of notice required, or the manner in which it is served, once the court has made the initial finding that notice has properly been given to the parent, or to any person entitled to receive notice pursuant to this section, subsequent notice for any continuation of a Section 366.26 hearing may be by first-class mail to any last known address, by an order made pursuant to Section 296, by electronic 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, or by any other means that the court determines is reasonably calculated, under any circumstance, to provide notice of the continued hearing. However, if the recommendation changes from the recommendation contained in the notice previously found to be proper, notice shall be provided to the parent, and to any person entitled to receive notice pursuant to this section, regarding that subsequent hearing.
(e)The notice shall contain the following information:
(1)The date, time, and place of the hearing.
(2)The right to appear.
(3)The parents right to counsel.
(4)The nature of the proceedings.
(5)The recommendation of the supervising agency.
(6)A statement that, at the time of hearing, the court is required to select a permanent plan of adoption, legal guardianship, or long-term foster care for the child.
(f)Notice to the parents may be given in any one of the following manners:
(1)If the parent is present at the hearing at which the court schedules a hearing pursuant to Section 366.26, the court shall advise the parent of the date, time, and place of the proceedings, their right to counsel, the nature of the proceedings, and the requirement that at the proceedings the court shall select and implement a plan of adoption, legal guardianship, or long-term foster care for the child. The court shall direct the parent to appear for the proceedings and then direct that the parent be notified thereafter by first-class mail to the parents usual place of residence or business only. In lieu of notice by first-class mail, notice may be served by electronic 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.
(2)Certified mail, return receipt requested, to the parents last known mailing address. This notice shall be sufficient if the child welfare agency receives a return receipt signed by the parent.
(3)Personal service to the parent named in the notice.
(4)Delivery to a competent person who is at least 18 years of age at the parents usual place of residence or business, and thereafter mailed to the parent named in the notice by first-class mail at the place where the notice was delivered.
(5)If the residence of the parent is outside the state, service may be made as described in paragraph (1), (3), or (4) or by certified mail, return receipt requested.
(6)If the recommendation of the probation officer or social worker is legal guardianship or long-term foster care, or, in the case of an Indian child, tribal customary adoption, service may be made by first-class mail to the parents usual place of residence or business. In lieu of notice by first-class mail, notice may be served by electronic 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.
(7)If a parents identity is known but his or her whereabouts are unknown and the parent cannot, with reasonable diligence, be served in any manner specified in paragraphs (1) to (6), inclusive, the petitioner shall file an affidavit with the court at least 75 days before the hearing date, stating the name of the parent and describing the efforts made to locate and serve the parent.
(A)If the court determines that there has been due diligence in attempting to locate and serve the parent and the probation officer or social worker recommends adoption, service shall be to that parents attorney of record, if any, by certified mail, return receipt requested. If the parent does not have an attorney of record, the court shall order that service be made by publication of citation requiring the parent to appear at the date, time, and place stated in the citation, and that the citation be published in a newspaper designated as most likely to give notice to the parent. Publication shall be made once a week for four consecutive weeks. Whether notice is to the attorney of record or by publication, the court shall also order that notice be given to the grandparents of the child, if their identities and addresses are known, by first-class mail.
(B)If the court determines that there has been due diligence in attempting to locate and serve the parent and the probation officer or social worker recommends legal guardianship or long-term foster care, no further notice is required to the parent, but the court shall order that notice be given to the grandparents of the child, if their identities and addresses are known, by first-class mail.
(C)In any case where the residence of the parent becomes known, notice shall immediately be served upon the parent as provided for in either paragraph (2), (3), (4), (5), or (6).
(g)(1)If the identity of one or both of the parents, or alleged parents, of the child is unknown, or if the name of one or both parents is uncertain, then that fact shall be set forth in the affidavit filed with the court at least 75 days before the hearing date and the court, consistent with the provisions of Sections 7665 and 7666 of the Family Code, shall issue an order dispensing with notice to a natural parent or possible natural parent under this section if, after inquiry and a determination that there has been due diligence in attempting to identify the unknown parent, the court is unable to identify the natural parent or possible natural parent and no person has appeared claiming to be the natural parent.
(2)After a determination that there has been due diligence in attempting to identify an unknown parent pursuant to paragraph (1) and the probation officer or social worker recommends adoption, the court shall consider whether publication notice would be likely to lead to actual notice to the unknown parent. The court may order publication notice if, on the basis of all information before the court, the court determines that notice by publication is likely to lead to actual notice to the parent. If publication notice to an unknown parent is ordered, the court shall order the published citation to be directed to either the father or mother, or both, of the child, and to all persons claiming to be the father or mother of the child, naming and otherwise describing the child. An order of publication pursuant to this paragraph shall be based on an affidavit describing efforts made to identify the unknown parent or parents. Service made by publication pursuant to this paragraph shall require the unknown parent or parents to appear at the date, time, and place stated in the citation. Publication shall be made once a week for four consecutive weeks.
(3)If the court determines that there has been due diligence in attempting to identify one or both of the parents, or alleged parents, of the child and the probation officer or social worker recommends legal guardianship or long-term foster care, no further notice to the parent shall be required.
(h)Notice to the child and all counsel of record shall be by first-class mail. mail, or by electronic 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.
(i)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.
(j)Notwithstanding subdivision (a), if the attorney of record is present at the time the court schedules a hearing pursuant to Section 366.26, no further notice is required, except as required by subparagraph (A) of paragraph (7) of subdivision (f).
(k)This section shall also apply to children adjudged wards pursuant to Section 727.31.
(l)The court shall state the reasons on the record explaining why good cause exists for granting any continuance of a hearing held pursuant to Section 366.26 to fulfill the requirements of this section.
SEC. 7.Section 295 of the Welfare and Institutions Code is amended to read: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 siblings caregiver, and the siblings attorney. If the sibling is under 10 years of age, the siblings caregiver and the siblings 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 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. In lieu of notice by first-class mail, notice may be served by electronic 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.
SEC. 8.Section 316.1 of the Welfare and Institutions Code is amended to read:316.1.(a)(1)Upon his or her appearance before the court, each parent or guardian shall designate for the court his or her permanent mailing address. The court shall advise each parent or guardian that the designated mailing address will be used by the court and the social services agency for notice purposes unless and until the parent or guardian notifies the court or the social services agency of a new mailing address in writing.
(2)In addition to providing his or her permanent mailing address, the court may permit a parent or guardian appearing before the court to voluntarily provide the court with a designated electronic mail address for the purpose of receiving notice by electronic mail. The court shall advise each parent or guardian that the electronic mail address will be used by the court and the social services agency for purposes of providing notice pursuant to Sections 290.1, 290.2, 291, 292, 293, 294, and 295, if the parent or guardian has consented to service by electronic mail by signing Judicial Council Form EFS-005.
(b)The Judicial Council may develop a form for the designation of a permanent mailing address by parents and guardians for use by the courts and social services agencies.
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Date
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Status
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|---|---|
| Jun 11, 2015 | Read second time. Ordered to third reading. |
| Aug 17, 2015 | Chaptered by Secretary of State - Chapter 219, Statutes of 2015. |
| Aug 17, 2015 | Approved by the Governor. |
| Aug 3, 2015 | Enrolled and presented to the Governor at 3 p.m. |
| Jul 16, 2015 | Senate amendments concurred in. To Engrossing and Enrolling. (Ayes 79. Noes 0. Page 2417.). |
| Jul 16, 2015 | Senate amendments concurred in. To Engrossing and Enrolling. |
| Jul 13, 2015 | Read third time. Passed. Ordered to the Assembly. (Ayes 40. Noes 0. Page 1903.). |
| Jul 13, 2015 | In Assembly. Concurrence in Senate amendments pending. May be considered on or after July 15 pursuant to Assembly Rule 77. |
| Jul 8, 2015 | Read second time. Ordered to third reading. |
| Jul 7, 2015 | Read third time and amended. Ordered to second reading. |
| Jun 22, 2015 | Ordered to third reading. |
| Jun 17, 2015 | Ordered to special consent calendar. |
| Feb 26, 2015 | Read first time. To print. |
| Jun 10, 2015 | From committee: Do pass. (Ayes 7. Noes 0.) (June 9). |
| May 7, 2015 | Referred to Com. on JUD. |
| Apr 27, 2015 | Read third time. Passed. Ordered to the Senate. (Ayes 79. Noes 0. Page 1145.) |
| Apr 27, 2015 | Read third time. Passed. Ordered to the Senate. |
| Apr 27, 2015 | In Senate. Read first time. To Com. on RLS. for assignment. |
| Apr 22, 2015 | Read second time. Ordered to Consent Calendar. |
| Apr 21, 2015 | Read second time and amended. Ordered returned to second reading. |
| Apr 20, 2015 | From committee: Amend, and do pass as amended. To Consent Calendar. (Ayes 10. Noes 0.) (April 14). |
| Apr 6, 2015 | In committee: Hearing postponed by committee. |
| Mar 16, 2015 | Referred to Com. on JUD. |
| Feb 27, 2015 | From printer. May be heard in committee March 29. |
|
Date
|
Description
|
Location
|
Votes
|
|
|---|---|---|---|---|
| Jul 16, 2015 | AB 879 BURKE Concurrence in Senate Amendments | Assembly Floor |
Passed |
|
| Jul 13, 2015 | Assembly 3rd Reading AB879 Burke By Hertzberg | Senate Floor |
Passed |
|
| Jun 9, 2015 | Do pass | Senate Standing Committee on Judiciary |
Passed |
|
| Apr 27, 2015 | AB 879 BURKE Consent Calendar Second Day | Assembly Floor |
Passed |
|
| Apr 14, 2015 | Do pass as amended. To Consent Calendar. | Assembly Standing Committee on Judiciary |
Passed |
This list shows positions taken on this bill by organizations on the date displayed, which is linked to the original source.
Positions by individuals are not included.
|
Organization
|
Position
|
Date
|
|---|---|---|
| California College And University Police Chiefs Association | ** Support | Jul 13, 2015 |
| California Probation, Parole And Correctional Association | ** Support | Jul 13, 2015 |
| California State Association Of Counties | ** Support | Jul 13, 2015 |
| County Welfare Directors Association of California | ** Support | Jul 13, 2015 |
| Judicial Council of California | ** Support | Jul 13, 2015 |
| Judicial Council of California strike | ** Support | Jul 13, 2015 |
| Juvenile Court Judges of California | ** Support | Jul 13, 2015 |
| Los Angeles County Board of Supervisors | ** Support | Jul 13, 2015 |
| Office of the Los Angeles County Council and Dependency Court | * Support | Jun 9, 2015 |
| San Bernardino County | ** Support | Jul 13, 2015 |
| Santa Clara County Board of Supervisors | ** Support | Jul 13, 2015 |
| strike | ** Support | Jul 13, 2015 |
| Urban Counties Caucus | ** Support | Jul 13, 2015 |
| Ventura County Board of Supervisors, San Bernardino County Board of Supervisors | * Support | Jun 9, 2015 |
AB 879
Page 3
CONCURRENCE IN SENATE AMENDMENTS
AB 879
(Burke)
As Amended July 7, 2015
Majority vote
ASSEMBLY: |
79-0 |
(April 27, 2015) |
SENATE: |
40-0 |
(July 13, 2015) |
Original Committee Reference: JUD.
SUMMARY: Adds an additional avenue for complying with notice requirements in some juvenile court proceedings. Specifically, this bill allows notification of most juvenile dependency court proceedings to be provided by electronic mail when the party to be served has consented to service by electronic mail by signing Judicial Council Form EFS-005. For hearings that involve the possible termination of parental rights, however, notice must be provided as required under current law and may additionally be given by electronic mail.
The Senate amendments make a technical change.
EXISTING LAW:
1) Establishes the notice requirements for juvenile dependency proceedings, assigning notification responsibilities to the social worker, probation officer or clerk of the court, depending on the purpose and progression of the hearing proceedings.
2) Specifies the necessary parties to be served with notice of a child dependency hearing, based on the purpose and progression of the impending hearing proceedings.
3) Provides that service of the dependency hearing notice must be written or oral. If the person being served cannot read, notice shall be given orally.
4) Allows the court to require notice of a dependency hearing to be made by publication in a newspaper designated as most likely to give notice to the parent, under specified conditions.
5) Outlines the type of information which must be included in a hearing notice, and whether or not the petition must accompany the hearing notice.
6) If the probation officer, social worker or court knows or has reason to know that an Indian child is involved, notice shall be given in accordance with Welfare and Institutions Code Section 224.2.
7) Pursuant to federal law, specifically the Children's Online Privacy Protection Rule (COPPA), and regulations promulgated by the Federal Trade Commission (FTC), commercial Web sites and online services (including mobile apps) are prohibited from collecting, using, or disclosing personal information (including name and date of birth) regarding minors under the age of 13, except with parental consent.
FISCAL EFFECT: None
COMMENTS: When it appears that a child comes within the jurisdiction of the juvenile dependency court because he or she may be abused, abandoned, or neglected and the social worker determines that the child should be kept in custody for his or her protection, the social worker is required to file a petition with the juvenile court. A hearing is scheduled and notice of the hearing is required to be provided to the mother, father or fathers, guardian or guardians, and the child (if he or she is over 10 years of age), any known sibling of the child, and the attorney for the parent or parents, or guardian or guardians, and in some cases the district attorney or the probate department. Current law requires the probation officer, social worker, or court clerk (depending on the type of hearing and stage of the proceedings) to provide notice of the juvenile dependency proceedings via United States (U.S.) Mail, Certified Mail or newspaper publication. Those same parties are notified of each relevant hearing of the juvenile court as the case proceeds (assuming that the court determines the child is within its jurisdiction). The means of notification are described in each code section that is specific to the proceeding (i.e. the initial petition hearing where the child has been detained, the initial petition hearing where the child has not been detained, the jurisdictional hearing, and the review hearing, among others).
Each type of hearing has different notice requirements in terms of who is required to give the notice, the method and content of the notice, and when the notice must be served. This bill amends those provisions to allow written notice of all dependency hearings, except those at which the department is recommending termination of parental rights, to be served by electronic mail. It allows service by electronic means to all parties, except children, for whom this bill has special rules (explained below).
The Importance of Notice in Dependency Matters. Notice is both a constitutional and statutory imperative. (In re Jasmine G. (2005) 127 Cal.App.4th 1109, 1114.) In juvenile dependency proceedings, due process requires parents be given notice that is reasonably calculated to advise them an action is pending and afford them an opportunity to defend. (Id., at p. 1115, citing In re DeJohn B. (2000) 84 Cal.App.4th 100, 106.) Failure to comply with the notice requirements in a dependency case can result in a mistake of constitutional dimension. (Ibid.)
In Jasmine G., the social worker spoke with the mother eight times after the setting order, and met with her once, but never told her about any of the upcoming hearings. Although a status report had a new address for the mother, there was no effort to notify her at the new address, or to inform her trial attorney of that address. The appellate court held that "the failure to attempt to give a parent statutorily required notice of a selection and implementation hearing is a structural defect that requires automatic reversal. It denies a parent the opportunity to confer with her attorney, prepare her case, or defend against the loss of parental rights. Without this, we cannot say the loss of parental rights – or the hearing – is fundamentally fair. The absence of any reasonable attempt to give notice goes well beyond trial error. It is not merely a mistake that hinders a party's ability to present the case effectively, but rather a flaw in the systemic framework that denies that party the opportunity to be heard at all. It goes to the basic fairness of the structural scheme." (In re Jasmine G., supra, 127 Cal.App.4th at p. 1116 [emphasis added].)
Reliable Methods of Providing Notice. Current law requires notices of court hearings to be sent via regular U.S. mail. As an alternative, Certified U.S. mail, personal service, or newspaper publication (for parents whose last known address cannot be determined) are also allowed. While not foolproof, service by U.S. mail is considered to be reliable (See Evidence Code Section 641, providing "A letter correctly addressed and properly mailed is presumed to have been received in the ordinary course of mail"). When a letter is not "correctly addressed" (because the addressee has moved, for example), however, notice by mail is completely ineffective. Many families involved in dependency matters are in unstable or insecure situations in terms of housing, schooling and employment. Therefore, notification by a method other than U.S. Mail may be the best way to notify them about court hearings. Arguably, many people, especially those in stress, change their email addresses less often than their mailing addresses.
Importance of Being Able to Opt In (Or Not). While more individuals have access to computers and smart phones, not all do. Therefore, it is critically important that the ability to receive notice of court hearings via electronic mail remains optional. Allowing parties to voluntarily choose to be notified of many court hearings by electronic mail would help increase successful delivery of notice, especially to those non-minor dependents, foster youth, and transition youth who may be residing at temporary physical addresses. Electronic mail delivery is also consistent with the courts’ existing goal of improving modernization, efficiency and cost savings. As an added bonus, service of notices by electronic means is also environmentally friendly.
Special Rules For Children and Hearings Where Parental Rights May Be Terminated. Some minors have the right to be personally notified (i.e. not through their parents, foster parents, guardians, social workers, or attorneys) of court proceedings. For example, existing law provides that for a review hearing, "Notice of the hearing shall be given to the following persons:… (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 the sibling is 10 years of age or older, the sibling, the sibling’s caregiver, and the sibling's attorney." Very similar language is used in most of the other sections in this bill.
This bill establishes that electronic mail can only be used to notify minors who are 14 years of age and older about court hearings. It also establishes additional safeguards to ensure actual notice and informed consent.
For any hearing at which a termination of parental rights may occur, existing rules for notice must be followed, but notice may also be provided in electronic format. Termination of parental rights is an extremely sensitive and serious undertaking that has life-altering consequences for parents, as well as children. (See In re Jasmine G., supra, 127 Cal.App.4th at p. 1116.) Because effective notice (or at least a good-faith effort at providing notice) is crucial to ensuring the fundamental fairness of dependency court proceedings, nothing should jeopardize the right of a parent, child, sibling, or guardian to be notified of a hearing at which parental rights could be terminated. Therefore, this bill provides that when the department is recommending the termination of parental rights, notice may be provided by electronic format in addition to the form of notice that is otherwise required by law (personal service, certified mail with return receipt, etc.).
Finally, this bill requires the court to inquire, in cases where it has authorized service of written notice to be made by electronic means, whether the parties who are in court and who have opted to receive notices by electronic mail are, in fact, receiving notices and whether their electronic mail addresses have changed. This is very similar to the inquiry that courts are required to make now about the permanent addresses of the parties who are in court.
Analysis Prepared by: Alison Merrilees / JUD. / (916) 319-2334 FN: 0001222
AB 879
Page 5
|
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 |
THIRD READING
Bill No: AB 879
Amended: 7/7/15 in Senate
SENATE JUDICIARY COMMITTEE: 7-0, 6/9/15
AYES: Jackson, Moorlach, Anderson, Hertzberg, Leno, Monning, Wieckowski
ASSEMBLY FLOOR: 79-0, 4/27/15 (Consent) - See last page for vote
SUBJECT: Juveniles: court proceedings: notice
SOURCE: County Welfare Directors Association of California
Los Angeles County Board of Supervisors
DIGEST: This bill allows, until January 1, 2019, notice of juvenile dependency hearings to be made by electronic mail if the 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 a specified form, as provided.
Senate Floor Amendments of 7/7/15 add coauthors and make technical changes.
Existing law:
Establishes notice requirements for juvenile dependency proceedings, assigning notification responsibilities to the social worker, probation officer, and/or the clerk of the court, depending on the hearing. (Welf. & Inst. Code Secs. 290.1-297.)
Requires that certain parties be served with notice of a juvenile dependency hearing, based on the type and purpose of the hearing, including:
the mother;
the father or fathers, presumed and alleged;
the legal guardian(s);
the child, if he or she is 10 years of age or older;
any known, dependent siblings, as specified;
adult relatives who are residing in the state, as specified; and
the attorney for the parent(s) or legal guardian(s). (Welf. & Inst. Code Secs. 290.1- 297.)
Provides that service of the juvenile dependency hearing notice must be written or oral, if the person being served cannot read. (Welf. & Inst. Code Secs. 290.1- 297.)
Allows the court to require notice of a juvenile dependency hearing to be made by publication in a newspaper if designated as the most likely way to give notice to the parent, under specified conditions. (Welf. & Inst. Code Sec. 296.)
Provides that notice involving Indian children shall be given to the minor’s legal parents, guardians, custodian and tribe by registered or certified mail, as specified. (Welf. & Inst. Code Secs. 224.2, 290.1-297.)
This bill:
Allows notification in juvenile dependency proceedings to be provided by electronic mail, as specified, if the county and the court permit service by electronic mail and the party to be served has consented to service by electronic mail by signing Judicial Council Form EFS-005.
Permits notice of juvenile dependency proceedings to be provided to a child 16 years of age or older by electronic mail only if the following requirements are met:
the city and/or county and the court permit service by electronic mail; and
the child and the child’s attorney have consented to service by electronic mail by signing Judicial Council Form EFS-005.
Permits notice of juvenile dependency proceedings to be provided to a child who is 14 or 15 years of age by electronic mail as well as by regular mail if the following requirements are met:
the city and/or county and the court permit service by electronic mail; and
the child and the child’s attorney have consented to service by electronic mail by signing Judicial Council Form EFS-005.
Prohibits notice of juvenile dependency proceedings by electronic mail in the following circumstances:
for notice of any hearing at which the county is recommending termination of parental rights, in which case notice may only be served by electronic mail if in addition to first-class mail; and
any hearing where the social worker or probation officer knows or has reason to know that an Indian child is involved.
Background
The juvenile dependency system is designed to protect children from abuse and neglect, while also preserving the rights of parents and families. (In re Alexander, 152 Cal.App.2d 458). Thus, any control the dependency system exercises over a child is subject to a series of hearings and judicial oversight designed to ensure that parental rights are only limited to the extent necessary to protect the child.
When a child is suspected to be a victim of abuse or neglect, a county welfare social worker is required to immediately investigate the complaint. If the complaint is valid, the child is removed from a parent’s physical custody and may be placed in the temporary custody of the social worker, a responsible relative, or guardian. The social worker is required to file a petition with the juvenile court, and the court then holds a detention hearing to determine whether the child should be further detained. If the child is further detained, the court must then hold a dispositional hearing to ascertain whether there are child welfare services that would permit the child to return home, and, if appropriate, order services to reunify the child and family. In “family reunification” cases where the child is placed in out-of-home care, and “family maintenance” cases where the child is returned to the parent’s custody, the juvenile court must hold periodic review hearings, generally every six months, to monitor the progress of the services being offered to the family and the best interests of the child.
For each of the above hearings, interested parties must be notified by mail, as specified. Generally, notice of a hearing is required to be provided, by the social worker or probation officer, to the mother, father or fathers, guardian(s), and the child (if he or she is over 10 years of age), as well as any known sibling of the child, and the attorney for the parent or parents. This bill additionally allows notice to be served by electronic mail, as long the party consents to such service and electronic mail service is permitted by the county and the court.
FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No
County Welfare Directors Association of California (co-source)
Los Angeles County Board of Supervisors (co-source)
California College and University Police Chiefs Association
California Probation, Parole and Correctional Association
California State Association of Counties
Judicial Council of
California
Juvenile Court Judges of California
San Bernardino County
Santa Clara County Board of Supervisors
Urban Counties Caucus
None received
ARGUMENTS IN SUPPORT: According to the author:
Sending legal notice by regular mail is both time-consuming and costly for child welfare agencies and the courts, and does not always result in actual notice to the intended recipient. In Los Angeles County alone, on average 30 dependency hearings per day in 20 courtrooms are conducted, leading to approximately 12,000 hearings per month. For individuals without a permanent address, receiving court notices in a timely fashion in order to engage in a hearing is a challenge.
AB 879 adds an additional avenue for complying with notice requirements in some juvenile court proceedings. Specifically, AB 879 allows notification of most juvenile dependency court proceedings to be provided by electronic mail when the party to be served has consented to service by electronic mail by signing Judicial Council Form EFS-005. For hearings that involve the possible termination of parental rights, however, notice must be provided as required under current law and may additionally be given by electronic mail. The provisions of AB 879 are voluntary, and require all parties – the county, the courts, and the individuals themselves to agree to send/receive notices electronically.
ASSEMBLY FLOOR: 79-0, 4/27/15
AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins
NO VOTE RECORDED: Campos
Prepared by: Nichole Rapier / JUD. / (916) 651-4113
7/8/15 12:02:37
**** END ****
AB 879
Page 5
|
Office of Senate Floor Analyses (916) 651-1520 Fax: (916) 327-4478 |
THIRD READING
Bill No: AB 879
Amended: 4/21/15 in Assembly
SENATE JUDICIARY COMMITTEE: 7-0, 6/9/15
AYES: Jackson, Moorlach, Anderson, Hertzberg, Leno, Monning, Wieckowski
ASSEMBLY FLOOR: 79-0, 4/27/15 (Consent) - See last page for vote
SUBJECT: Juveniles: court proceedings: notice
SOURCE: County Welfare Directors Association of California
Los Angeles County Board of Supervisors
DIGEST: This bill allows, until January 1, 2019, notice of juvenile dependency hearings to be made by electronic mail if the 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 a specified form, as provided.
Existing law:
Establishes notice requirements for juvenile dependency proceedings, assigning notification responsibilities to the social worker, probation officer, and/or the clerk of the court, depending on the hearing. (Welf. & Inst. Code Secs. 290.1-297.)
Requires that certain parties be served with notice of a juvenile dependency hearing, based on the type and purpose of the hearing, including:
the mother;
the father or fathers, presumed and alleged;
the legal guardian(s);
the child, if he or she is 10 years of age or older;
any known, dependent siblings, as specified;
adult relatives who are residing in the state, as specified; and
the attorney for the parent(s) or legal guardian(s). (Welf. & Inst. Code Secs. 290.1- 297.)
Provides that service of the juvenile dependency hearing notice must be written or oral, if the person being served cannot read. (Welf. & Inst. Code Secs. 290.1- 297.)
Allows the court to require notice of a juvenile dependency hearing to be made by publication in a newspaper if designated as the most likely way to give notice to the parent, under specified conditions. (Welf. & Inst. Code Sec. 296.)
Provides that notice involving Indian children shall be given to the minor’s legal parents, guardians, custodian and tribe by registered or certified mail, as specified. (Welf. & Inst. Code Secs. 224.2, 290.1-297.)
This bill:
Allows notification in juvenile dependency proceedings to be provided by electronic mail, as specified, if the county and the court permit service by electronic mail and the party to be served has consented to service by electronic mail by signing Judicial Council Form EFS-005.
Permits notice of juvenile dependency proceedings to be provided to a child 16 years of age or older by electronic mail only if the following requirements are met:
the city and/or county and the court permit service by electronic mail; and
the child and the child’s attorney have consented to service by electronic mail by signing Judicial Council Form EFS-005.
Permits notice of juvenile dependency proceedings to be provided to a child who is 14 or 15 years of age by electronic mail as well as by regular mail if the following requirements are met:
the city and/or county and the court permit service by electronic mail; and
the child and the child’s attorney have consented to service by electronic mail by signing Judicial Council Form EFS-005.
Prohibits notice of juvenile dependency proceedings by electronic mail in the following circumstances:
for notice of any hearing at which the county is recommending termination of parental rights, in which case notice may only be served by electronic mail if in addition to first-class mail; and
any hearing where the social worker or probation officer knows or has reason to know that an Indian child is involved.
Background
The juvenile dependency system is designed to protect children from abuse and neglect, while also preserving the rights of parents and families. (In re Alexander, 152 Cal.App.2d 458). Thus, any control the dependency system exercises over a child is subject to a series of hearings and judicial oversight designed to ensure that parental rights are only limited to the extent necessary to protect the child.
For each of the required hearings, interested parties must be notified by mail, as specified. Generally, notice of a hearing is required to be provided, by the social worker or probation officer, to the mother, father or fathers, guardian(s), and the child (if he or she is over 10 years of age), as well as any known sibling of the child, and the attorney for the parent or parents. This bill additionally allows notice to be served by electronic mail, as long the party consents to such service and electronic mail service is permitted by the county and the court.
Comments
Opt in provisions for counties and parties
This bill authorizes notice to parties in dependency cases by electronic mail only if the county and the court choose to permit service by electronic mail and the party consents to such service. Supporters of this bill argue that this will save the counties and the courts money and create much needed efficiency. The California State Association of Counties, in support, writes, “Sending notice by regular mail is both time-consuming and costly for child welfare agencies and the courts, and does not always result in actual notice to the intended recipient. … [This bill] would create a voluntary program that county welfare agencies, courts and individuals can opt into. Counties agree with incorporating flexibility at the local level to decide if this program is beneficial for their jurisdictions.”
Additional protections for children, 14 years of age and older, consenting to notification by electronic mail
This bill does not authorize a child under the age of 14 years to consent to notification by electronic mail. Federal law, the Children’s Online Privacy Protection Rule, and regulations promulgated by the Federal Trade Commission, provide that commercial web sites and online services are prohibited from collecting, using, or disclosing personal information regarding minors under the age of 13, except with parental consent. (5 U.S.C. 6501–6505; 16 C.F.R. 312.) Therefore, allowing children under the age of 13 to consent to notification by electronic mail could be inconsistent with federal law. However, older children may be more likely to receive notice when it is sent through electronic means, and may prefer not to receive written communication from the court in the mail.
Accordingly, this bill provides that electronic mail can be used exclusively only to notify minors who are 16 years of age and older who consent to such service, about court hearings. Children who are 14 or 15 years of age may consent to receive notification by electronic mail only if it is also accompanied by notice sent by regular mail. In addition, notification to any child by electronic mail also requires the consent of the attorney for the child.
Parties in termination of parental rights proceedings
Because the termination of parental rights represents the extinguishing of a constitutional right, it is crucial to ensuring the fundamental fairness of dependency court proceedings that the party actually receive notice. Additionally, nothing should jeopardize the right of a child, sibling, or guardian to be notified of a hearing at which parental rights could be terminated. Accordingly, this bill provides that when the county is recommending the termination of parental rights, notice may be provided by electronic format only in addition to the form of notice that is otherwise required by law.
FISCAL EFFECT: Appropriation: No Fiscal Com.: No Local: No
County Welfare Directors Association of California (co-source)
Los Angeles County Board of Supervisors (co-source)
California College and University Police Chiefs Association
California Probation, Parole and Correctional Association
California State Association of Counties
Judicial Council of California
Juvenile Court Judges of California
San Bernardino County
Santa Clara County Board of Supervisors
Urban Counties Caucus
OPPOSITION: (Verified 6/12/15)
None received
ARGUMENTS IN SUPPORT: The Los Angeles County Board of Supervisors, co-sponsor, writes, “allowing parties to voluntarily opt-in and be provided notice via electronic mail would help to increase the successful delivery of notice to persons who lack a permanent address. It would also provide for a more effective notice to other groups, such as nonminor dependents and transition age youth, who may be residing at temporary addresses.”
ASSEMBLY FLOOR: 79-0, 4/27/15
AYES: Achadjian, Alejo, Travis Allen, Baker, Bigelow, Bloom, Bonilla, Bonta, Brough, Brown, Burke, Calderon, Chang, Chau, Chávez, Chiu, Chu, Cooley, Cooper, Dababneh, Dahle, Daly, Dodd, Eggman, Frazier, Beth Gaines, Gallagher, Cristina Garcia, Eduardo Garcia, Gatto, Gipson, Gomez, Gonzalez, Gordon, Gray, Grove, Hadley, Harper, Roger Hernández, Holden, Irwin, Jones, Jones-Sawyer, Kim, Lackey, Levine, Linder, Lopez, Low, Maienschein, Mathis, Mayes, McCarty, Medina, Melendez, Mullin, Nazarian, Obernolte, O'Donnell, Olsen, Patterson, Perea, Quirk, Rendon, Ridley-Thomas, Rodriguez, Salas, Santiago, Steinorth, Mark Stone, Thurmond, Ting, Wagner, Waldron, Weber, Wilk, Williams, Wood, Atkins
NO VOTE RECORDED: Campos
Prepared by: Nichole Rapier / JUD. / (916) 651-4113
6/12/15 10:52:27
**** END ****
AB 879 (Burke)
Page 7 of 7
Senator Hannah-Beth Jackson, Chair
2015-2016 Regular Session
AB 879 (Burke)
Version: April 21, 2015
Hearing Date: June 9, 2015
Fiscal: No
Urgency: No
NR
SUBJECT
Juveniles: court proceedings: notice
DESCRIPTION
This bill would, until January 1, 2019, allow notice of juvenile dependency hearings to be made by electronic mail if the 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 a specified form, as provided.
BACKGROUND
The juvenile dependency system is designed to protect children from abuse and neglect, while also preserving the rights of parents and families. (In re Alexander, 152 Cal.App.2d 458). Thus, any control the dependency system exercises over a child is subject to a series of hearings and judicial oversight designed to ensure that parental rights are only limited to the extent necessary to protect the child.
When a child is suspected to be a victim of abuse or neglect, a county welfare social worker is required to immediately investigate the complaint. If the complaint is valid, the child is removed from a parent’s physical custody and may be placed in the temporary custody of the social worker, a responsible relative, or guardian. The social worker is required to file a petition with the juvenile court, and the court then holds a detention hearing to determine whether the child should be further detained. If the child is further detained, the court must then hold a dispositional hearing to ascertain whether there are child welfare services that would permit the child to return home, and, if appropriate, order services to reunify the child and family. In “family reunification” cases where the child is placed in out-of-home care, and “family maintenance” cases where the child is returned to the parent’s custody, the juvenile court must hold periodic review hearings, generally every six months, to monitor the progress of the services being offered to the family and the best interests of the child.
For each of the above hearings, interested parties must be notified by mail, as specified. Generally, notice of a hearing is required to be provided, by the social worker or probation officer, to the mother, father or fathers, guardian(s), and the child (if he or she is over 10 years of age), as well as any known sibling of the child, and the attorney for the parent or parents. This bill would additionally allow notice to be served by electronic mail, as long the party consents to such service and electronic mail service is permitted by the county and the court.
CHANGES TO EXISTING LAW
Existing law establishes notice requirements for juvenile dependency proceedings, assigning notification responsibilities to the social worker, probation officer, and/or the clerk of the court, depending on the hearing. (Welf. & Inst. Code Secs. 290.1-297.)
Existing law requires that certain parties be served with notice of a juvenile dependency hearing, based on the type and purpose of the hearing, including:
the mother;
the father or fathers, presumed and alleged;
the legal guardian(s);
the child, if he or she is ten years of age or older;
any known, dependent siblings, as specified;
adult relatives who are residing in state, as specified; and
the attorney for the parent(s) or legal guardian(s). (Welf. & Inst. Code Secs. 290.1- 297.)
Existing law provides that service of the juvenile dependency hearing notice must be written or oral, if the person being served cannot read. (Welf. & Inst. Code Secs. 290.1- 297.)
Existing law allows the court to require notice of a juvenile dependency hearing to be made by publication in a newspaper if designated as the most likely way to give notice to the parent, under specified conditions. (Welf. & Inst. Code Sec. 296.)
Existing law provides that notice involving Indian children shall be given to the minor’s legal parents, guardians, custodian and tribe by registered or certified mail, as specified. (Welf. & Inst. Code Secs. 224.2, 290.1-297.)
This bill would allow notification in juvenile dependency proceedings to be provided by electronic mail, as specified, if the county and the court permit service by electronic mail and the party to be served has consented to service by electronic mail by signing Judicial Council Form EFS-005.
This bill would permit notice of juvenile dependency proceedings to be provided to a child 16 years of age or older by electronic mail only if the following requirements are met:
the city and/or county and the court permit service by electronic mail; and
the child and the child’s attorney have consented to service by electronic mail by signing Judicial Council Form EFS-005.
This bill would permit notice of juvenile dependency proceedings to be provided to a child who is 14 or 15 years of age by electronic mail as well as by regular mail if the following requirements are met:
the city and/or county and the court permit service by electronic mail; and
the child and the child’s attorney have consented to service by electronic mail by signing Judicial Council Form EFS-005.
This bill would prohibit notice of juvenile dependency proceedings by electronic mail in the following circumstances:
for notice of any hearing at which the county is recommending termination of parental rights, in which case notice may only be served by electronic mail if in addition to first-class mail; and
any hearing where the social worker or probation officer knows or has reason to know that an Indian child is involved.
COMMENT
Stated need for the bill
According to the author:
Sending legal notice by regular mail is both time-consuming and costly for child welfare agencies and the courts, and does not always result in actual notice to the intended recipient. In Los Angeles County alone, on average 30 dependency hearings per day in 20 courtrooms are conducted, leading to approximately 12,000 hearings per month. For individuals without a permanent address, receiving court notices in a timely fashion in order to engage in a hearing is a challenge.
AB 879 adds an additional avenue for complying with notice requirements in some juvenile court proceedings. Specifically, AB 879 allows notification of most juvenile dependency court proceedings to be provided by electronic mail when the party to be served has consented to service by electronic mail by signing Judicial Council Form EFS-005. For hearings that involve the possible termination of parental rights, however, notice must be provided as required under current law and may additionally be given by electronic mail. The provisions of AB 879 are voluntary, and require all parties – the county, the courts, and the individuals themselves to agree to send/receive notices electronically.
Protects due process rights for parties without a permanent physical address
Parents have a constitutionally protected interest in their relationships with their children, and thus proper notice of a proceeding which could alter that relationship has constitutional implications. (In re DeJohn B. (2000) 84 Cal.4th 100.) Failure to provide proper notice may, therefore, represent a structural error requiring automatic reversal. Notice, given orally or by mail, must contain information about the following: (1) date, time, and place of the hearing; (2) the right to appear; (3) right to counsel; and (4) nature of the proceedings. This bill would additionally allow a party to consent to receiving notice by electronic mail, if the county and court permit such service.
In support, the Judicial Council writes that this bill “will allow courts to more efficiently provide notices to parties in dependency cases. Often, in these cases, there is difficulty finding physical addresses for parents of dependent children, and some parents only have email addresses, rather than permanent physical addresses. Noticing parties of hearing by email will allow for increased parental participation in dependency proceedings, which will benefit both dependent children and the courts in ascertaining the outcomes that are in the best interests of the child.”
People lack permanent addresses for a variety of reasons. For some, pursuing an education may involve frequent moves. Others have been forced to move due to unemployment or domestic violence. However, notice, which is intended to provide parties with the information necessary to protect their interests, is only effective if it is actually received. The Santa Clara County Board of Supervisors, in support, writes that these parties will be better served by having a choice in how to receive notice:
Email notification can facilitate and improve the delivery of notice to parties as an email account travels with a person and is accessible virtually anywhere. The prevalence of smart phones, laptop computers, tablets, and free Wi-Fi hotspots have changed and improved the way individuals stay connected.
Accordingly, this bill would allow individuals, such as a sister who is temporarily living in a women’s shelter, or a parent who is planning on relocating to a new city for a job, to consent to receive notice of hearings related to a sibling or their child by electronic mail, thereby increasing their ability to participate in these important hearings.
Opt in provisions for counties and parties
This bill would authorize notice to parties in dependency cases by electronic mail only if the county and the court choose to permit service by electronic mail and the party consents to such service. Supporters of this bill argue that this will save the counties and the courts money and create much needed efficiency. The California State Association of Counties, in support, writes, “Sending notice by regular mail is both time-consuming and costly for child welfare agencies and the courts, and does not always result in actual notice to the intended recipient. … [This bill] would create a voluntary program that county welfare agencies, courts and individuals can opt into. Counties agree with incorporating flexibility at the local level to decide if this program is beneficial for their jurisdictions.”
Further, the Los Angeles County Board of Supervisors, co-sponsor, writes, “allowing parties to voluntarily opt-in and be provided notice via electronic mail would help to increase the successful delivery of notice to persons who lack a permanent address. It would also provide for a more effective notice to other groups, such as nonminor dependents and transition age youth, who may be residing at temporary addresses.”
Staff notes that this bill would not affect a person’s right to receive notice by mail or orally, if he or she cannot read. This bill would instead add an additional method of delivering notice for those persons who agree to notice by electronic mail. Thus, individuals without electronic mail addresses would not be forced to create an online account or purchase a computer or smartphone, and would be able to receive notices of hearing in the traditional manner.
Appropriate protections for specified parties
This bill would generally allow notice of juvenile dependency hearings to be made by electronic mail. Certain children and parents receiving notice about a hearing where parental rights may be terminated would not be able to receive notice exclusively by electronic mail.
Additional protections for children, 14 years of age and older, consenting to notification by electronic mail
This bill would not authorize a child under the age of 14 years to consent to notification by electronic mail. Federal law, the Children’s Online Privacy Protection Rule, and regulations promulgated by the Federal Trade Commission, provide that commercial web sites and online services are prohibited from collecting, using, or disclosing personal information regarding minors under the age of 13, except with parental consent. (5 U.S.C. 6501–6505; 16 C.F.R. 312.) Therefore, allowing children under the age of 13 to consent to notification by electronic mail could be inconsistent with federal law. However, older children may be more likely to receive notice when it is sent through electronic means, and may prefer not to receive written communication from the court in the mail.
Accordingly, this bill would provide that electronic mail can be used exclusively only to notify minors who are 16 years of age and older who consent to such service, about court hearings. Children who are 14 or 15 years of age may consent to receive notification by electronic mail only if it is also accompanied by notice sent by regular mail. In addition, notification to any child by electronic mail would also require the consent of the attorney for the child.
Parties in termination of parental rights proceedings
Because the termination of parental rights represents the extinguishing of a constitutional right, it is crucial to ensuring the fundamental fairness of dependency court proceedings that the party actually receive notice. Additionally, nothing should jeopardize the right of a child, sibling, or guardian to be notified of a hearing at which parental rights could be terminated. Accordingly, this bill provides that when the county is recommending the termination of parental rights, notice may be provided by electronic format only in addition to the form of notice that is otherwise required by law.
Sunset date of 2019
The provisions of this bill would remain in effect only until January 1, 2019, unless a later enacted statute extends or removes that date. Arguably three years provides sufficient time for counties, courts, parties, and the Legislature to evaluate whether authorizing notification by electronic mail for most dependency proceedings is, in fact, resulting in cost savings and delivery of meaningful notice to parties. Accordingly, the author may wish to consider requiring Judicial Council to report to the Legislature on the effectiveness of the provisions of this bill, so that the Legislature may evaluate whether to extend or remove the Sunset after three years.
Support: California College and University Police Chiefs Association; California Probation, Parole and Correctional Association; California State Association of Counties; Judicial Council of California; Juvenile Court Judges of California; San Bernardino County; Santa Clara County Board of Supervisors; Urban Counties Caucus;
Opposition: None Known
HISTORY
Source: County Welfare Directors Association of California; Los Angeles County Board of Supervisors
Related Pending Legislation: None Known
Prior Legislation:
AB 1926 (Evans, Chapter 167, Statutes of 2010) authorized use of electronic documents filed with or issued by the courts, and required the Judicial Council to develop guidelines for facilitating the use of electronic signatures in various court documents.
AB 579 (Chu, Chapter 558, Statutes of 2003) required that notice of juvenile dependency court hearings be provided to any known sibling who is 10 years of age or older, of the child who is the subject of the hearing.
SB 1956 (Polanco, Chapter 416, Statutes of 2002) streamlined and expedited notification requirements in juvenile dependency cases.
SB 2043 (Schiff, 2000) would have modified the procedures for providing notice to parties for hearings to terminate parental rights. This bill was vetoed by Governor Davis who expressed concern that terminating parental rights might become pro forma rather than being carefully considered after notice is received and a hearing is conducted.
Prior Vote:
Assembly Floor (Ayes 79, Noes 0)
Assembly Judiciary Committee (Ayes 10, Noes 0)
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AB 879
Page 6
Date of Hearing: April 14, 2015
ASSEMBLY COMMITTEE ON JUDICIARY
Mark Stone, Chair
AB 879
(Burke) – As Introduced February 26, 2015
PROPOSED CONSENT (As Proposed to be Amended)
SUBJECT: JUVENILES: COURT PROCEEDINGS: ELECTRONIC HEARING NOTICE
KEY ISSUE: SHOULD NOTICES THAT ARE REQUIRED FOR JUVENILE DEPENDENCY HEARINGS BE provided BY ELECTRONIC MAIL, IN LIEU OF NOTIFICATION BY MAIL, TO PARTIES WHO CONSENT TO THIS form OF notification, INCLUDING CERTAIN MINORS, UNDER SPECIFIED CONDITIONS?
SYNOPSIS
When it appears that a child comes within the jurisdiction of the juvenile dependency court because he or she may be abused, abandoned, or neglected and the social worker determines that the child should be kept in custody for his or her protection, the social worker is required to file a petition with the juvenile court. A hearing is scheduled and notice of the hearing is required to be provided to the mother, father or fathers, guardian or guardians, and the child (if he or she is over 10 years of age), as well as any known sibling of the child, the attorney for the parent or parents, or guardian or guardians of the child. Current law requires the probation officer, social worker, or court clerk (depending on the type of hearing and stage of the proceedings) to provide notice of the juvenile dependency proceedings via U.S. Mail, Certified Mail or Newspaper Publication.
This bill would allow the required hearing notice to be served in written form by electronic mail, as long as such service is permitted by the county, or city and county and the court; and the person to be served has consented to service of electronic mail by signing Judicial Council Form EFS-005. In regards to a hearing that could involve the termination of parental rights, however, the notice would have to be delivered by a means authorized under current law, and could also be delivered by electronic mail if the party opted to be notified of court proceedings in that manner. The author contends that sending legal notices by regular mail is time-consuming and costly for child welfare agencies and the courts. The author and sponsors further contend that the current forms of service do not always result in actual notice to the intended recipients because many individuals involved in dependency court proceedings lack permanent addresses. The author, co-sponsors, and supporters further contend that allowing notice of hearings to be made by electronic mail will promote not only due process by improving efficiency and efficacy of notification, but also court modernization efforts. In response to concerns that it may not be appropriate to notify all minors who are entitled to be notified of court proceedings via electronic mail, the bill provides that electronic mail can only be used to notify minors who are 14 years of age and older and establishes additional safeguards to ensure actual notice and informed consent. Finally, the bill requires the court to inquire whether parties who appear in court and who have opted to receive notices by electronic mail are, in fact, receiving notices and to verify the person’s current electronic mail address. There is no known opposition to the bill.
SUMMARY: Adds an additional avenue for complying with notice requirements in some juvenile court proceedings. Specifically, this bill allows notification of most juvenile dependency court proceedings to be provided by electronic mail when the party to be served has consented to service by electronic mail by signing Judicial Council Form EFS-005. For hearings that involve the possible termination of parental rights, however, notice must be provided as required under current law and may additionally be given by electronic mail.
EXISTING LAW:
1) Establishes the notice requirements for juvenile dependency proceedings, assigning notification responsibilities to the social worker, probation officer or clerk of the court, depending on the purpose and progression of the hearing proceedings. (Welfare and Institutions Code Sections 290.1- 297. All further statutory references are to the Welfare and Institutions Code, unless otherwise indicated.)
2) Specifies the necessary parties to be served with notice of a child dependency hearing, based on the purpose and progression of the impending hearing proceedings. (Sections 290.1- 297.)
3) Provides that service of the dependency hearing notice must be written or oral. If the person being served cannot read, notice shall be given orally. (Sections 290.1- 297.)
4) Allows the court to require notice of a dependency hearing to be made by publication in a newspaper designated as most likely to give notice to the parent, under specified conditions. (Section 296.)
5) Outlines the type of information which must be included in a hearing notice, and whether or not the petition must accompany the hearing notice. (Sections 290.1- 297.)
6) If the probation officer, social worker or court knows or has reason to know that an Indian child is involved, notice shall be given in accordance with Section 224.2. (Sections 290.1- 297.)
7) Pursuant to federal law, specifically the Children's Online Privacy Protection Rule (COPPA), and regulations promulgated by the Federal Trade Commission (FTC), commercial websites and online services (including mobile apps) are prohibited from collecting, using, or disclosing personal information (including name and date of birth) regarding minors under the age of 13, except with parental consent. (5 U.S.C. 6501–6505; 16 C.F.R 312.)
FISCAL EFFECT: As currently in print this bill is keyed non-fiscal.
COMMENTS: When it appears that a child comes within the jurisdiction of the juvenile dependency court because he or she may be abused, abandoned, or neglected and the social worker determines that the child should be kept in custody for his or her protection, the social worker is required to file a petition with the juvenile court. (Section 290.1.) A hearing is scheduled and notice of the hearing is required to be provided to the mother, father or fathers, guardian or guardians, and the child (if he or she is over 10 years of age), any known sibling of the child, and the attorney for the parent or parents, or guardian or guardians, and in some cases the district attorney or the probate department. (Section 290.1 (a).) Current law requires the probation officer, social worker, or court clerk (depending on the type of hearing and stage of the proceedings) to provide notice of the juvenile dependency proceedings via U.S. Mail, Certified Mail or newspaper publication. Those same parties are notified of each relevant hearing of the juvenile court as the case proceeds (assuming that the court determines the child is within its jurisdiction). The means of notification are described in each code section that is specific to the proceeding (i.e. the initial petition hearing where the child has been detained (Section 290.1), the initial petition hearing where the child has not been detained (Section 290.2), the jurisdictional hearing (Section 291), and the review hearing (Section 292), among others).
Each type of hearing has different notice requirements in terms of who is required to give the notice, the method and content of the notice, and when the notice must be served. This bill amends those provisions to allow written notice of all dependency hearings, except those at which the department is recommending termination of parental rights, to be served by electronic mail. It allows service by electronic means to all parties, except children, for whom the bill has special rules (explained below).
The Importance of Notice in Dependency Matters. Notice is both a constitutional and statutory imperative. (In re Jasmine G. (2005) 127 Cal.App.4th 1109, 1114.) In juvenile dependency proceedings, due process requires parents be given notice that is reasonably calculated to advise them an action is pending and afford them an opportunity to defend. (Id., at p. 1115, citing In re DeJohn B. (2000) 84 Cal.App.4th 100, 106.) Failure to comply with the notice requirements in a dependency case can result in a mistake of constitutional dimension. (Ibid.)
In Jasmine G., the social worker spoke with the mother eight times after the setting order, and met with her once, but never told her about any of the upcoming hearings. Although a status report had a new address for the mother, there was no effort to notify her at the new address, or to inform her trial attorney of that address. The appellate court held that “the failure to attempt to give a parent statutorily required notice of a selection and implementation hearing is a structural defect that requires automatic reversal. It denies a parent the opportunity to confer with her attorney, prepare her case, or defend against the loss of parental rights. Without this, we cannot say the loss of parental rights—or the hearing—is fundamentally fair. The absence of any reasonable attempt to give notice goes well beyond trial error. It is not merely a mistake that hinders a party's ability to present the case effectively, but rather a flaw in the systemic framework that denies that party the opportunity to be heard at all. It goes to the basic fairness of the structural scheme. (In re Jasmine G., supra, 127 Cal.App.4th at p. 1116 [emphasis added].)
Reliable Methods of Providing Notice. Current law requires notices of court hearings to be sent via regular U.S. mail. As an alternative, Certified U.S. mail, personal service, or newspaper publication (for parents whose last known address cannot be determined) are also allowed. While not foolproof, service by U.S. mail is considered to be reliable (See Evidence Code Section 641, providing “A letter correctly addressed and properly mailed is presumed to have been received in the ordinary course of mail”). When a letter is not “correctly addressed” (because the addressee has moved, for example), however, notice by mail is completely ineffective. Many families involved in dependency matters are in unstable or insecure situations in terms of housing, schooling and employment. Therefore, notification by a method other than U.S. Mail may be the best way to notify them about court hearings. Arguably, many people, especially those in stress, change their email addresses less often than their mailing addresses.
Importance of Being Able to Opt In (Or Not). While more individuals have access to computers and smart phones, not all do. Therefore, it is critically important that the ability to receive notice of court hearings via electronic mail remains optional. Allowing parties to voluntarily choose to be notified of many court hearings by electronic mail would help increase successful delivery of notice, especially to those non-minor dependents, foster youth, and transition youth who may be residing at temporary physical addresses. Electronic mail delivery is also consistent with the courts’ existing goal of improving modernization, efficiency and cost savings. As an added bonus, service of notices by electronic means is also environmentally friendly.
Special Rules For Children and Hearings Where Parental Rights May Be Terminated. Some minors have the right to be personally notified (i.e. not through their parents, foster parents, guardians, social workers, or attorneys) of court proceedings. For example, Section 292 provides that for a review hearing, “Notice of the hearing shall be given to the following persons: . . . (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 the sibling is 10 years of age or older, the sibling, the sibling’s caregiver, and the sibling’s attorney.” (Section 292(a).) Very similar language is used in most of the other sections in this bill.
In a case where a child is 10 years of age or older and is entitled to written notice served by U.S. mail, it seems inappropriate – at least in some cases – for the child to be notified by electronic mail. Children under 13 years of age are generally prohibited from having electronic mail accounts. Pursuant to federal law, specifically the Children's Online Privacy Protection Rule (COPPA), and regulations promulgated by the Federal Trade Commission, commercial websites and online services (including mobile apps) are prohibited from collecting, using, or disclosing personal information (including name and date of birth) regarding minors under the age of 13, except with parental consent. (5 U.S.C. 6501–6505; 16 C.F.R. 312.) Therefore, the youngest children who are entitled to written notice clearly should not be able to consent to be notified of court proceedings by electronic mail. At the same time, older children may be more likely to receive notice when it is sent via electronic means, and may prefer not to receive written communication from the court in the mail.
Based upon these concerns, the bill establishes that electronic mail can only be used to notify minors who are 14 years of age and older about court hearings. It also establishes additional safeguards to ensure actual notice and informed consent. Specifically, it allows electronic mail notification to a child when all of the following requirements are satisfied: (1) The county, 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 consents to service by electronic mail by signing Judicial Council Form EFS-005; and (4) The attorney for the child consents to service of the minor by electronic mail by signing Judicial Council Form EFS-005.
For slightly younger children (14 and 15 years old), 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, 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 consents to service by electronic mail by signing Judicial Council Form EFS-005; and (4) The attorney for the child consents to service of the minor by electronic mail by signing Judicial Council Form EFS-005. These amendments seem like a reasonable way to achieve the author’s intent while also protecting due process.
For any hearing at which a termination of parental rights may occur, existing rules for notice must be followed, but notice may also be provided in electronic format. Termination of parental rights is an extremely sensitive and serious undertaking that has life-altering consequences for parents, as well as children. (See In re Jasmine G., supra, 127 Cal.App.4th at p. 1116.) Because effective notice (or at least a good-faith effort at providing notice) is crucial to ensuring the fundamental fairness of dependency court proceedings, nothing should jeopardize the right of a parent, child, sibling, or guardian to be notified of a hearing at which parental rights could be terminated. Therefore, the bill provides that when the department is recommending the termination of parental rights, notice may be provided by electronic format in addition to the form of notice that is otherwise required by law (personal service, certified mail with return receipt, etc.).
Finally, the bill requires the court to inquire, in cases where it has authorized service of written notice to be made by electronic means, whether the parties who are in court and who have opted to receive notices by electronic mail are, in fact, receiving notices and whether their electronic mail addresses have changed. This is very similar to the inquiry that courts are required to make now about the permanent addresses of the parties who are in court. (Section 316.1.)
According to the author:
Sending legal notice by regular mail is both time-consuming and costly for child welfare agencies and courts, and does not always result in actual notice to the intended recipient. In Los Angeles County alone, on average 30 dependency hearings per day in 20 courtrooms are conducted, leading to approximately 12,000 hearings per month. For individuals without a permanent address, receiving court notices in a timely fashion in order to engage in a hearing is a challenge.
While many individuals in dependency courts may lack a permanent address, in most cases they have access to a private e-mail address. Unlike a mailbox, an e-mail account travels with a person and is accessible virtually anywhere.
The provisions of AB 879 are voluntary, and require all parties - the county, the court, and the parties themselves - to agree to receive notices electronically. Therefore, this bill seems to be a reasonable way to modernize service of notices while protecting due process.
ARGUMENTS IN SUPPORT: According to the Los Angeles Board of Supervisors:
California has a complex system when providing hearing notices. AB 879 would modernize the process of providing notice in child welfare dependency court hearings, would help to ensure parties receive notice, and would help to provide more timely permanence, stability and safety for children. Specifically, it would allow counties, the courts and individuals to opt-in to an electronic notice system to permit an individual to receive notices of scheduled court hearings electronically through a designated e-mail address. It would allow counties and the courts to design and tailor appropriate systems, which would facilitate and improve successful delivery of notices to parties who lack a permanent address or who frequently move.
Previous Related Legislation: SB 2043 (Schiff) 2000, Vetoed by the Governor, modified the procedures for providing notice to parties for hearings to terminate parental rights. Governor Davis cited in his veto message that the bill’s changes might result in a lessening of the careful consideration, after notice and hearing that is necessary in such cases.
SB 1956 (Chapter 416, Stats. of 2002) streamlines and expedites the notification requirement for juvenile dependency court cases.
AB 579 (Chapter 558, Stats. of 2003) requires that notice of juvenile dependency court hearings be provided to any known sibling who is 10 years of age or older, of the child who is the subject of the hearing.
AB 1926 (Chapter 167, Stats. of 2010) authorizes use of electronic documents filed with or issued by the courts. Among other things, AB 1926 requires the Judicial Council to develop guidelines for facilitating the use of electronic signatures in various court documents.
REGISTERED SUPPORT / OPPOSITION:
Support
Los Angeles County Board of Supervisors (co-sponsor)
County Welfare Directors Association of California (co-sponsor)
California Colleges and University Police Chiefs
California Probation, Parole and Correctional Association
California State Association of Counties
Judicial Council of California
Juvenile Court Judges of California
Opposition
None on file
Analysis Prepared by: Alison Merrilees / JUD. / (916) 319-2334
Discussed in Hearing
51SEC
Assembly Floor
1MIN
Senate Floor
8MIN
Senate Standing Committee on Judiciary
Bill Author
